Orinda City Council
June 20, 2023

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING

IN PERSON, BY TELECONFERENCE, OR VIEW ON YOUTUBE AS LISTED BELOW https://www.youtube.com/@cityoforinda9535/streams
Zoom Webinar:
https://tinyurl.com/OrindaCityCouncil
Phone:669 444 9171
Webinar ID:
810 2271 2723
In Person:

Orinda Library Auditorium
26 Orinda Way
Orinda, CA 94563
(925) 351-6676

CITY COUNCIL
AGENDA
Tuesday, June 20, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 06.20.23
How to follow and/or participate in the meeting:

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

REMOTE COMMENTS: Use the Zoom “raise hand” function on your computer screen, or the *9 function on your phone to comment remotely. Public comment is generally limited to 3 minutes per speaker per agenda item. The Zoom participation option is provided to the public as a courtesy in order to facilitate participation. The City cannot, however, guarantee the adequacy of the audio/video quality or that meeting participation will be uninterrupted via Zoom. If technical difficulties arise relating to the Zoom participation option, the meeting may continue with public attendance in person only.

WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting by following instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3pm on the day of the meeting. Those comments will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:
https://tinyurl.com/Orinda-Public-Comments
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
City Council
Agenda Page 2 06.20.23
Councilmembers: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of New Employee Mark Callaway, Recreation Coordinator
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.

Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. May 2, 2023 Regular Meeting

2. May 9, 2023 Regular Meeting
F.2. Adoption of Appropriation Limit For Fiscal Year 2023-2024 Recommendation:

Adopt Resolutions #37-23 establishing the Annual Appropriations Limit for Fiscal Year 2023-2024.

F.3. Adopt Updated Consolidated Salary Schedule for Regular City Positions
Recommendation:

Staff recommends the City Council adopt Resolution No. 40-23 updating the Consolidated Salary Schedule for regular city positions.

F.4. Award Construction Contract for the Red Flag Parking Sign Project #4197 to McGuire-Pacific Constructors
City Council
Agenda Page 3 06.20.23
Recommendation:

Staff recommends that the City Council Award the contract for construction of the Red Flag Parking Sign Project #4197 to McGuirePacific Constructors for an amount of $197,596.00; authorize program expenditure up to $227,235 (includes a 15% contingency); and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney
F.5. Acceptance of the Library Parcel Tax Independent Review Annual Report For The Period Ending (June 30, 2022)
Recommendation:

Receive and accept the Report for the period ending June 30, 2022.

G. PUBLIC HEARING
G.1. Public Hearing for Development Impact Fees and Fees for Services Provided by the Planning, Public Works and Engineering Services, Parks and Recreation, Police and Administrative Services Departments (Master Fee Schedule)
Recommendation:

Staff recommends that the Council hold a public hearing to consider the proposed revised Fee Schedule and approve it by the adoption of Resolution 36-23.

H. POLICY MATTERS
H.1. Adoption of Biennial Budget For Fiscal Years 2023-24 and 2024-2025 and Capital Improvement Plan (CIP) Update for Fiscal Years 2022-23- 2027-28 or Adoption of a Continuing Budget Resolution
Recommendation:
1) Receive the Staff presentation and input from the public; 2) Incorporate any changes to the appropriations in accordance with CIP and Budget discussion; 3) Adopt Resolution No. 42-23 which authorizes spending Budgets for two Fiscal Years (FY 2023-24 and FY 2024-25) and Approves Certain Annual and On-Call Contracts; 4) Adopt Resolution 41-23 Approving the Capital Improvement Plan Update (Fiscal Years 2022-23- 2027-28), OR Adopt Continuing Budget Resolution 43-23.

H.2. Award a Construction Contract to Replace Retaining Wall on Camino Sobrante (adjacent to #56) to Cowan & Thompson Construction, Inc., of Martinez, California (City Project #PW 1.14) and Appropriate Necessary Funding
Recommendation:

City Council
Agenda Page 4 06.20.23
Staff recommends that the City Council: (1)
Waive the competitive bid process for the subject work to replace a deteriorated retaining wall impacted by Winter Storms adjacent to #56 Camino Sobrante; (2) Award a construction contract for said work to Cowan & Thompson Construction, Inc. for an amount of $149,175; (3) Approve Budget Change Form (Attachment D).

I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, July 11, 2023 at 7:00 PM.

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

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

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

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, City Council
Agenda Page 5 06.20.23
22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. May 2, 2023 Regular Meeting

2. May 9, 2023 Regular Meeting
ATTACHMENTS:

A. City Council Minutes of May 2, 2023
B. City Council Minutes of May 9, 2023
Respectfully Submitted by:

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

F.1
Packet Pg. 6
Orinda City Council Minutes Page 1 of 15 05.02.23
May 2, 2023

CITY OF ORINDA

CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: https://tinyurl.com/Orinda-Public-Comments.They are also kept in the City Clerk’s Office as part of the public record and available upon request. 7:00 P.M. –REGULAR MEETING– GARDEN ROOM, ORINDA LIBRARY A. CALL TO ORDER / ROLL CALL:

Mayor Miller called the Regular Meeting to order at approximately 7:00 p.m.

COUNCILMEMBERS PRESENT: Latika Malkani, Janet Riley
Mayor Inga Miller, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: Councilmember Brandyn Iverson
B. PLEDGE OF ALLEGIANCE – Led by Mayor Miller
C. ADOPTION OF AGENDA
MOTION by Councilmember Malkani moved and seconded by Councilmember Riley to adopt the agenda. Said motion carried by unanimous (4-0) roll call vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Recognition of Service to Outgoing Commissioners and Committee Members: John Smith, Planning Commission, Abe Mintz, Finance Advisory Committee
Mayor Miller voiced recognition of service to outgoing Commissioners and Committee members John Smith of the Planning Commission and Abe Mintz of the Finance Advisory Committee.

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

Mayor Miller and Councilmembers thanked Mr. Smith and Mr. Mintz for their service to the City.

D.2. Proclamation Recognizing May 21-27 as National Public Works Week Mayor Miller read and presented the proclamation recognizing May 21-27 as National Public Works Week.

Public Works Director Scott Christie recognized City staff and thanked them for their work over the year and thanked the Council for the proclamation.

F.1.a
Packet Pg. 7
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 2 of 15 05.02.23
Mayor Miller and Councilmembers thanked Public Works Department staff and Vice Mayor Gee commented that she thinks the work makes a big difference in people’s lives.

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

D.3. Proclamation Recognizing May as National Wildfire Awareness Month Mayor Miller read and presented the proclamation recognizing May as National Wildfire Awareness Month.

Melanie Light, Firewise, thanked the Council for the proclamation and noted the complete change in culture in the City regarding the need to address wildland fire safety and reduce flammable materials and vegetation.

D.4. Tripepi Smith - City Communications Update
City Manager Biggs commented the Council is experimenting with their hybrid meeting format and that the consultants from Tripepi Smith would be attending remotely. He introduced representatives Skyler Addison and Kaitlyn Wu from Tripepi Smith which has assisted the City with education and outreach and they will provide the Council with an annual update.

Kailyn Wu, Senior Business Analyst, Tripepi Smith, introduced her colleague Skyler Addison, Business Analyst, and said if has been their honor to partner with the City of Orinda on initiatives over the last 2 years. She gave an overview of their firm and services.

Skyler Addison, Business Analyst, spoke about visual and content distribution, presented an overview of Measure R outreach over the last year, a video outlining the Lamorinda Residents’ Guide to Wildfire Preparedness and Evacuation, an evacuation route brochure, posts to encourage users to learn more, educational posts, and results. She presented samples of educational graphics, garnering a net increase in audience growth by 155.8% on Twitter, Facebook, and Instagram enabling the City to effectively communicate with residents at a lower cost. Impressions have also increased by 423% and engagements by 593%. From NextDoor.com, the City saw a 13.6% increase in engagements, 68.4% in impressions, and 800 followers bringing the City up to 15,000 people on NextDoor.com.

Ms. Addison said in looking ahead they will continue to partner with and support the City on the key priorities listed ensuring Orinda residents are informed and engaged on the many resources the City offers. They look forward to seeing additional achievements in the coming year, and are available for any questions.

Vice Mayor Gee said she is impressed from how much change there has been from no social media footprint to where they are now and recognized the beautiful graphic work.

In terms of the scope of the contract, she is curious as to whether it is envisioned the City would take on redesign of the actual City website.

F.1.a
Packet Pg. 8
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 3 of 15 05.02.23
Mr. Biggs said this is underway now with Micki Cronin leading that effort with other departments.

Senior Management Analyst Micki Cronin stated they have a new rollout on May 24th with a new look to the City’s website with color, images, more communication elements, and easier to use links. The content will roll over, but the look will be different.

Vice Mayor Gee asked if there are plans to optimize the content moving forward, and Ms.

Cronin said the optimization is in this rollout which are part of the features. There are more links, less clicks, etc.

Councilmember Malkani asked to hear about what strategies have been the most effective and what have not.

Ms. Wu said they have grown on all platforms. Each month they note where their engagements are and they run that with dates to specific targeted neighborhoods on a weekly basis. When the launch goes out, they see growth almost immediately on NextDoor.com, Facebook, and others.

Ms. Addison added that their monthly dashboard reports provide details about trends month to month, and it breaks down statistics for every post they publish by platform. In terms of what works best is making sure they are always asking themselves “so what” in everything they publish which goes back to how are they providing extra value for residents who follow the City on their social media platforms. It usually points back to all the different resources and actionable programs the City offers. They always try to utilize photos within the community.

Councilmember Riley asked if there is a creative way to promote the pilot program when they do not have photos of successful projects.

Ms. Cronin said a technique they have been using is to create an image and then use that image so people recognize it. As they get more people who have worked on their homes, they will go live. Mr. Biggs added that the monthly dashboard is part of the report that goes to the SSTOC.

Vice Mayor Gee said given the number of public entities the firm works with, she asked what other techniques other communities use that the City should be thinking about using beyond what they are currently doing.

Ms. Addison said they have been discussing the concept of a concentrated follower’s campaign for social media. This was not as common in public agencies’ space but are working on this to get more followers which has had a large impact on posts that go out afterwards. They are also exploring some different in-person engagement opportunities that can reach a different audience than found on-line.

Mr. Biggs said staff encourages everyone to follow, like, and share the City’s posts because this is how they can build a larger audience.

F.1.a
Packet Pg. 9
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 4 of 15 05.02.23
Mayor Miller opened the Public Forum, and there were no speakers.

Mayor Miller and Councilmembers thanked Tripepi Smith representatives for their presentation and update.

E. PUBLIC FORUM
City Clerk Smith reported one public communication was received prior to the meeting from Nick Waranoff which the Council has and is available on the website.

Drew Diefenbach said he coaches Pickleball at the park and has a business he started 11 years ago which is successful when Pickleball was not as popular as it is today. He works with multiple cities’ parks and recreation in Concord and Lafayette and asked to be able to use 1 of the 3 tennis courts and put 4 Pickleball courts on it. The space will be popular for Pickleball use for a permanent solution, and it would greatly enhance Parks and Recreation revenues.

Councilmember Riley asked if the conversion of 4 Pickleball courts is permanent or can it be converted back to a tennis court. Drew said it can be temporary or permanent and spoke about the court’s painted lines and posts, and said the usage of courts is skyrocketing.

Councilmember Malkani asked and confirmed there are dedicated Pickleball courts in Rudgear Park in Walnut Creek, Montclair Park, Moraga Country Club, 14 dedicated courts in Concord, and others.

F. CONSENT CALENDAR
Mayor Miller asked and confirmed Vice Mayor Gee requested removal of Item F.3.

F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. March 21, 2023 - Regular Meeting

2. April 11, 2023 - Regular Meeting
F.2. Terminate the Existence of a Local State of Emergency with Respect to the 2022-23 Winter Storms
Recommendation:

Staff recommends that the City Council adopt Resolution 32-23 MOTION by Councilmember Riley moved and seconded by Councilmember Malkani to approve Consent Calendar Items F.1 and F.2. Said motion carried by unanimous (4-0) roll call vote.

Item Removed from the Consent Calendar:

F.1.a
Packet Pg. 10
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 5 of 15 05.02.23
F.3. Approval of Fiscal Year 2023-2024 SB1 Road Repair and Accountability Act Project List
Recommendation:

Staff recommends the City Council adopt Resolution 28-23 which formalizes the City of Orinda’s intention to use the funding from the Road Maintenance and Rehabilitation Account (RMRA) for the 2023 Annual Pavement Project which includes work on several streets.

Vice Mayor Gee said she wanted to do this for the broader benefit but she spoke with the SSTOC Chair this morning and thinks it would be great to explain how the mixture of maintenance gets put together for the chart and program as many of the PCIs are already very high.

City Engineer Sivakumar Natarajan explained the current PCI is at 84 which is significant, and he believes they are the second best roads in the Bay Area. Most roads do have a higher PCI but that is because the City has invested money into them. In the coming years, they will try to maintain most established streets while putting money towards those that need more work. Staff uses a program that allows staff to categorize streets which will select a certain number of streets that will get a preventative maintenance treatment while the rest will get a rehabilitated treatment which is more severe.

Mr. Biggs noted at the next meeting, staff will provide an overview of streets. Now, they have spent most of the Measure L funded efforts and bond funding they will step back on that. They are trying to keep the roads from deteriorating too much where they then must go back and reinvest.

Councilmember Riley asked if this group of roads selected because they are near each other than what their PCI is. She thinks another approach would be to address all low PCIs in the City as the priority. Mr. Natarajan said a few factors go into it. One thing they do is not to segment the streets too much, which he described.

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

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

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1. Adoption of Ordinance No. 23-02, An Ordinance Updating Chapter

17.17 (Landscaping) of the Orinda Municipal Code to Amend Section

17.17.1 (Landscaping plans Required) and Add Section 17.17.4 (Water Efficient Landscape Requirements)
Recommendation:

F.1.a
Packet Pg. 11
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 6 of 15 05.02.23
Adopt Ordinance No. 23-02, waiving second reading, An Ordinance Updating Chapter 17.17 (Landscaping) of the Orinda Municipal Code to Amend Section 17.17.1 (Landscaping plans Required) and Add Section

17.17.4 (Water Efficient Landscape Requirements)
City Manager Biggs said normally ordinances that come back for a second and final reading return on the Consent Calendar. On March 21, 2023 when the Council introduced the ordinance, there were a few questions that required follow-up and the staff report addresses those, which he described.

The question was to what degree there was any conflict between this ordinance and the Fire District’s defensible space ordinance. Staff was able to determine there is no direct conflict, and 2 members of the Council on the 2x2 Committee will discuss t his at their Thursday meeting. Staff also spent time consulting with EBMUD because the ordinance talks about reporting requirements which Lamorinda cities will be doing follow-up along with the County. The City only reports data collected by EBMUD when people are getting new meters or upsizing their meters.

Lastly, staff was asked to clarify whether landscaped areas like parks, golf courses, and sports fields are covered by the ordinance. They are not and this ordinance is targeted towards ornamental lawns. The City does look for ways to reduce water consumption, but it is not covered under WELO. Staff recommends the Council waive the second reading and adopt the ordinance.

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

MOTION by Councilmember Riley moved and seconded by Vice Mayor Gee to adopt Ordinance No. 23-02, waiving second reading, an Ordinance updating Chapter

17.17 (Landscaping) of the Orinda Municipal Code to amend Section 17.17.1 (Landscaping plans Required) and add Section 17.17.4 (Water Efficient Landscape Requirements). Said motion carried by unanimous (4-0) roll call vote.

H.2. Discussion of Annual Updates to the Capital Improvement Plan for Fiscal Years 2023/24-2027/28
Recommendation:

Staff recommends the City Council conduct its first review and discussion of the annual update to the City's rolling five year Capital Improvement Plan (CIP) for Fiscal Years 2023/24-2027/28. No action is being taken to approve projects or appropriate funds. The information obtained from this meeting will be used to develop the Draft CIP document, including the addition of new projects. The City Council will have additional opportunities to review and provide input before the CIP is approved.

F.1.a
Packet Pg. 12
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 7 of 15 05.02.23
City Manager Biggs introduced the item, spoke about the winter storms, problems with storm drains, and staff wants to get ahead of that so part of what will influence certain Category B projects. If they can make repairs each year, they will avoid more damaging and costly repairs.

Public Works Director Scott Christie gave the staff report and overview of the annual updates to the CIP for FY 2023/24 to 2027/28.

Mayor Miller referred to the Orinda Oaks Restroom Replacement and asked if there were ADA concerns. Mr. Christie stated it does have some ADA related work.

Parks and Recreation Director Todd Trimble added it has been on the unfunded list for a while. It is an old school double restroom and one of the heavily used restrooms the City has, and is not as durable now. The City would have to determine whether to keep it in the same location or move it to the other side of the lower lot.

Vice Mayor Gee had the following questions:
• What is the status of the City Hall Stabilization Project and asked if it is 100% done.

Mr. Christie said it is done and at the next meeting, staff will bring the acceptance to the Council for Notice of Completion to be filed.
• Asked to address the issues this year with flooding and other things in City Hall.

Mr. Biggs said at this time it has been fixed, but asked Mr. Trimble to elaborate.

Mr. Trimble said they did not plan on additional projects for the CIP, feels the main project from movement was repaired. They have had positive luck in other locations, but there is still more to do but probably not to the extent it would signify a CIP project and would be covered in Operating.
• She is not familiar with the grant firm the City is using, but she would love to see a very separate report looking at grant strategy. In her 4 decades of grant experience, there has never been the kind of grant monies floating around that there is right now at every level, including the federal level. There are certain grants the City would be eligible to apply to the federal level as well as MTC and the State, and she thinks the City will never find funding if they do not capitalize as much as they can. When looking at the list and the things she is working on professionally there is a lot here the City should be looking at very aggressively. • Mr. Biggs said the City retained the firm California Consulting and staff meets with them monthly and receive a list of all grant opportunities. They have the City’s list of CIP projects, unfunded list, trails master plan, and always look to identify funds.

Occasionally, they return to the Council and indicate they have identified a grant to advance a project that appeared to be unfunded and have had some success.

Many grants are targeted to disadvantaged communities which the City is not eligible.

F.1.a
Packet Pg. 13
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 8 of 15 05.02.23
• He would be happy to have California Consulting provide an update. They also receive outreach from legislators where they can sometimes provide budget appropriations. One of the things the Council talked about 2 years ago was the Council carved out monies from ARPA funding so it can be available for match.

Also, projects must be a bit more developed or flushed out. The firm is well connected with grant agencies and applies regularly for federal grants as well. • She asked how confident the City Manager is with the current grant firm and what their track record relative to the landscape out there of who is involved. She would like to see a reporting of the game plan relative to grants. Based on her knowledge, she thinks the City has been very successful in recent years and much more proactive, but she would like to see the City be aggressive as they possibly can.

Mr. Biggs said they are a highly regarded firm. There are a few others that do similar work, and are the most cost-effective options. He thinks having them provide an update would help. There are quite a few grants staff is hoping to get in the near term but the cost-benefit analysis would need to be done.

Councilmember Malkani agreed with being aggressive with grants and thinks it would be a great opportunity for California Consulting present to the Council about the current status.

Mr. Biggs then provided an update of recent grants applied for such where they are on a short list and invited to apply with OES to help ensure the City Hall and the Community Center have power. However, some criteria restricts the City but they keep trying.

Mayor Miller asked to also include what staff is doing in terms of direct outreach, as well for the list of things staff does in conjunction with the grant firm. Mr. Biggs noted sometimes the legislators’ approach is very informal and he is asked to keep it very low key.

Councilmember Riley said it sounds as if the City and the grant firm are doing well, but she asked what else can the City do and asked if it takes more money to do it better.

Mr. Biggs said they will approach budgeting differently this year with a series of decision packages and budget referrals, so staff will capture suggestions and allow an opportunity for discussion. He is thinking the California Consulting presentation can be held in July, staff will be updating estimates in the staff report for the CIP and budget and there is always an opportunity to add things.

He added that staff will be meeting with some residents interested in helping advance the implementation of the Community Park Master Plan upgrade through fundraising. He thinks they have applied 2 or 3 times for State and federal funding for that and the main obstacle is not scoring high enough because they are not a disadvantaged community, but staff tries to leverage funding through community groups.

F.1.a
Packet Pg. 14
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 9 of 15 05.02.23
Vice Mayor Gee said a couple of meetings ago when the Baird’s were here regarding issues of drainage on Ichabod Lane. She was very surprised at the level of the flooding that is happening there. She went today to look at it and questioned whether the City could be creative to incorporate some project that would be more of a Safe Routes to School funding, given it is a pedestrian environment heading to the school.

Mayor Miller asked and confirmed the water is coming from above from the wooded area above the neighborhood on Ichabod Lane before it curves, and the area is co-owned by 2 or 3 property owners. The City has many similar situations throughout town where there is a mix of public and private storm drains. The fact water comes from above it is conveyed for a short distance where there is curb and gutter and it goes back into a private system.

So, the City is not generating the water that is causing the problem, which is the underlying legal question.

Councilmember Riley referred to the unfunded list, number 10; Washington Lane Widening. This is a couple of steps away from this corner of Ichabod and Sleepy Hollow Lane and this talks about widening the street on Washington Lane with an easement with the basis for fire evacuation. She questioned whether the flooding problem can be tied together with this project.

Mr. Biggs said some of the projects on the needed but unfunded list probably need to come off like the Washington Lane project, and this is one the Council likely determined is not feasible. There are right-of-way issues with people’s front yards there. Mr. Christie said the City spent between $50,000 and $100,000 to do an engineering study evaluation of that concept and because of the right-of-way and other issues, it was a non-starter, so he will update the list to remove it for the next meeting.

Mayor Miller suggested having detail about projects of what was feasible physically and how that meshed with other agencies and what they thought was possible at the time. It may not have been this Council thought it was not feasible, but also it was not meeting everyone’s needs. Mr. Biggs said there was also significant neighborhood opposition regarding loss of front yards.

Vice Mayor Gee asked to see an update where they are with ARPA funding and what has been programmed of the balance and to ensure the City does not have to give any of it back, and Mr. Biggs agreed it will be included in the update.

Councilmember Riley referred to Table 3; Wilder Path, and asked if this can be tied in with Number 13 on the unfunded list called the Brookwood Road Pedestrian Walkway.

Mr. Christie said they need to evaluate that with the study because that is an interrelated project, and this is a good point because it is an expensive and right-of-way question, as well.

Councilmember Malkani referred to Table 1; Moraga Way Pathway Project, Phase III.

She asked and confirmed Phase II goes to Altamont. She asked about Phase III.

F.1.a
Packet Pg. 15
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 10 of 15 05.02.23
Mr. Christie stated he did not know off hand how far Phase III goes, but it depends on the grant. Staff is doing is as they see opportunities. The TDA program is a smaller phase and grant amount so if they go bit by bit with TDA it might end up with 10 phases.

However, when getting farther north towards the downtown it becomes more expensive because of right-of-way issues.

Councilmember Malkani said with the storm damage they had the Moraga Way sinkhole and she asked if that is included in this.

Mr. Christie said it is not included for the reason it is already in the CIP under the category of storm drain repair pipes. They were able to address that this summer, have done the interim first part of the repair already, and then the next step is to repair the storm drain with a lining process which should be back to an acceptable state.

Mayor Miller asked if this was FEMA or ARPA funding. Mr. Biggs said this is a high level look, but in the CIP itself, each project would have the description of the various funding sources which staff can walk the Council through with the update. They are hopeful to get some FEMA reimbursement for some of the temporary repairs made, and are meeting with them this week. However, they are not guaranteed to get the money back or get funding for future repairs.

Mr. Christie noted that the Moraga sinkhole was General Fund money out of the Operating Budget of about a $20,000 to $25,000 repair. The next part of the larger project this summer is funded through ARPA funds and a bit of drainage impact fees.

Councilmember Malkani said she assumes the Brookwood Mitigation Fall Planting is budgeted somewhere else, and Mr. Christie confirmed it is budgeted.

Councilmember Malkani asked if the smart signals funding they hopefully will receive will help fund anything or remove projects they otherwise have on their unfunded list, like the downtown new intersection.

Mr. Natarajan stated they did get a good amount of funding for the signals project. The project itself between Lamorinda agencies is just over $5 million, and the City has about 16 signals. Unfortunately, all signals are very old as far as equipment and capabilities of the control units, so they are starting from level 1 to bring them to the top. They have 2 sources of funding; the earmark funding and the other is OBAG 3 which is federal through CCTA. What they are trying to do is try to maximize what they can get towards the signals.

At this point, it is early in the game but they feel they have enough budget to bring all signals to a significant upgraded level.

Mayor Miller said with the Camino Sobrante Slope Stabilization Number 2, she asked if the issue all the way along and up the road of the parts that have not been done already or is it just spots. Mr. Christie said he would have to look into that one and expand on it.

He believes it is an isolated type of issue because of the topography. The one just completed was in the lower section of Camino Sobrante.

F.1.a
Packet Pg. 16
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 11 of 15 05.02.23
Mayor Miller referred to Number 9; Darrell Drive Neighborhood Drainage Improvements and said this was going strong and then it came to an end as a result of 1 or 2 neighbor impacts. She thinks there was an expectation it was going to continue after some neighborhood discussion about how that would go. She asked if the City should contact them or whether it might be possible to get something going again. There was vegetation in the creek and the water has been welling up on Darrell Drive at times.

Mr. Christie said he is familiar with some of the issues around there but it has not been high on the radar due to non-receipt of complaints. With the last storm, there have been many complaints and important issues brought to their attention, but this was not one.

He noted one project did address certain issues at Darrell Drive in a nearby location and there were some challenges with it, but he was not sure what the outcome is and staff can look at this in more detail and describe this better with some edits.

Vice Mayor Gee said she does not think it has gone away and she must stay out of it, but she did not realize the City Manager did not have the entire background of what happened, and she would be happy for Mr. Christie to come and talk to her neighbors who complain to her regularly about the project. Things did hold up better this winter than expected, but this was a project not only fully funded but was under construction when it came to a grinding halt. She cannot be in a voting capacity, but there is a lot there that needs to be at least understood.

Mayor Miller summarized that the situation is still there for a project which stopped and it would be helpful to have an update of where this is going forward.

Mayor Miller referred to the Happy Valley Road Guardrail Embankment Stabilization Number 7. It is very expensive and thinks the Council may want to look at this in the spirit of other things when there are grant opportunities. That area is an important evacuation corridor and the Orinda Downs exit through Lafayette.

Mr. Christie said staff keeps it on the CCTA/CPTL list so it is in the background but on their list too. At some point, hopefully there could be some grants.

Councilmember Malkani said they had public comments regarding Pickleball. She asked if there has been any consideration of that and asked if the 4 courts are being used by tennis players.

Mr. Trimble said Drew was a tennis instructor. He personally has played Pickleball and likes it. It seems to be very popular. The City has free tennis courts plus an adjacent practice court. All courts are lined with Pickleball lines. There are Pickleball lines on each side of the existing tennis net in Court 1 which is enclosed, but they must wheel out a temporary Pickleball net to use those courts. The other 2 courts have Pickleball lines that utilize the tennis net which is 6” higher than a Pickleball net, but it is easy to lower. On the practice court, there are lines and it would require a rolling net as well.

F.1.a
Packet Pg. 17
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 12 of 15 05.02.23
So, all courts are lined for multi-use. He recognized courts are popular, Pickleball is growing in popularity but not as much as in other communities, and tennis remains very popular. So, it is hard to say and it is not an astronomical cost for the enclosed Court 1 to have posts sunken in only for Pickleball use. The cost probably is just for repainting and adding the post so about a $60,000 to $75,000 effort.

Mayor Miller asked and confirmed the tennis courts are booked most of the time. They try not to have more than 2 courts reserved at a time so there is always 1 court open for drop-in. The use and rental for Pickleball use continues to grow. Even though Pickleball is growing, it is nowhere near the number of tennis players, but it is too early for him to make a plan.

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

Councilmember Riley said she wanted to address Pickleball. If the amount is close to $60,000 it would not have to be on the CIP list. She thinks if the City builds it they will come and thinks Drew would draw more people to use the courts.

Mayor Miller said if this is something the Council wants to consider, she asked if staff could add this. Mr. Biggs said if there is interest it could be added as a proposed project in the CIP which is subject to the 2 meetings and review in June. It would need to go on the CIP in that there is no funding budgeted for it. He thinks anything over $50,000 is for the CIP, and they would have to identify the funding source. If the entire Council wants to see it as an option in the CIP, staff can flush out that option. It can be considered and brought back as part of the CIP, but the item has not been advertised for tonight.

Councilmember confirmed they would like it brought back.

Councilmember Riley said her other question was a dog park. Mr. Biggs said the dog park was captured through the strategic planning effort and is returning as a budget referral.

Councilmember Malkani said her interests were Pickleball, dog park, and charging stations which she knows staff is actively working on.

Vice Mayor Gee said she spoke to the City Manager about this, but the one item on the unfunded list is Item 11; removal of the trees from the freeway interchange at Santa Maria opposite the Shell station. She assumes the problem is resources, but she thinks of many creative ways to solve the mess. It is not that big and while it is part of the Caltrans rightof-way she would love to turn that into a community project and something to make it attractive.

Mr. Biggs said this has been on staff’s radar screen and they have been exploring funding opportunities. One of the things is that as they are having to meet new stormwater mandates he has seen facilities that serve an aesthetic purpose and a stormwater pretreatment facility. Staff talked about this with their grant firm, and while Caltrans is not easy, he has seen other projects that serve as an amenity.

F.1.a
Packet Pg. 18
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 13 of 15 05.02.23
Vice Mayor Gee said she would like to try to turn it into a native plant Firewise or environmental example project, and more of a community project, and they might get fundraising from the community. Possibly they could also get State legislators to help and it would be interesting as a community project.

Mayor Miller said she believes there is a PG&E tower, and one idea would be to reach out to PG&E to see if they would be interested in terms of what can be planted around its towers.

Councilmember Riley cited the problem of water. Caltrans has no water at any of its sites.

There is an interested group, but it is a dead end. Vice Mayor Gee suggested thinking about what can be done and re-envision how it could be done.

Councilmember Riley cited Number 25; Camino Pablo Median Landscaping Upgrade, Santa Maria to Camino Encinas. In recent years, the Garden Club helped fund the restoration of the medians from Miner to Santa Maria and they are happy to help support and finish the project to take the medians all the way. There is some thought from the City Manager about creating new ways to cut through the medians for an evacuation. If this is the case, the project could be done after the new evacuation exits are made.

Mr. Biggs said the Safety Element has identified improvements to facilitate evacuation and this stems from that. They would cut a turn lane so people in North Orinda would not go under the freeway. People approaching the BART Station would be able to turn left and take the loop around towards Oakland. On the other side, people would turn left onto eastbound Hwy 24.

Vice Mayor Gee said relative to the CIP she asked what happened to the Local Roads Hazards Mitigation Plan, and Mr. Bigg said this is close to being finalized. Mr. Natarajan confirmed staff just received the plan but there are also other elements in the works, and staff is working with CCTA staff to take this plan and make it into an upgraded version or a Comprehensive Safety Action Plan which will allow staff to go after future federal funding. This is why they did not bring it to the Council for adoption. As far as CIP, they have recommended a few projects, but it is not something they look at it for the CIP.

Mayor Miller referred to the Art & Garden Center parking lot in the unfunded list. It is an underused facility so to the extent staff is able to identify grants to get the rest of the project done, it will be very helpful for utilization of it for rental.

Mayor Miller asked and confirmed staff has direction, and Mr. Biggs stated the Council will receive a more comprehensive report with funding sources that will return in June and staff will flush things out based on comments.

H.3. Inclusionary Housing Ordinance
Recommendation:

Receive Report regarding Inclusionary Housing Ordinances, Discuss Key Parameters, and Direct Staff to Prepare an Ordinance for Review and Consideration.

F.1.a
Packet Pg. 19
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 14 of 15 05.02.23
Mayor Miller questioned how long this item will take, given the 10:00 p.m. stop time.

City Manager Biggs stated there is no deadline for the Council to provide this direction. It was something that came up during discussion of the Housing Element. Staff committed that once approved, it has a Work Program item which is to look at an inclusionary ordinance. Staff has turned its activities toward implementation activities so this is one of the ones to come back. He could provide a high level overview or the Council could refer it to the Downtown and Housing Development Subcommittee, or look to form another subcommittee. Staff is simply looking at starting the process of such an ordinance.

Mayor Miller said the staff report was comprehensive and she asked if Councilmembers feel they have the information here to refer this to the subcommittee or provide direction to staff to bring back an ordinance or postpone it.

Councilmember Riley said she thinks the Council will talk about this for a long time and suggested postponing the item.

Mayor Miller opened the Public Forum, and there were no speakers. She confirmed with Mr. Biggs staff could bring the item back for the next meeting which will be held next week on Tuesday. Councilmembers agreed.

MOTION by Councilmember Riley moved and seconded by Councilmember Malkani to move the item to the May 9, 2023 City Council Meeting. Said motion carried by unanimous (4-0) roll call vote.

I. COUNCILMEMBERS’ REPORTS – Mayor Miller commented on the Wildfire Safety Fair which was great. The Gold Awards for the Girl Scouts was held which was a lovely event.

Councilmember Malkani reminded everybody that the William Penn Mott, Jr.

Environmental Awards ceremony will be held June 4th at 1:00 p.m. at the Wilder Art and Garden Center. The Orinda Association will honor recipients from the Friends of Orinda Creeks (2019); The Eagle Scouts and Girl Scouts (2022); and Friends of Nature Area (2023).

J. CITY MANAGER’S REPORT – Mr. Biggs stated he thinks the Wildfire Safety Fair went very well and staff is looking forward to continuing that as an annual event.

He acknowledged staff and community groups for their participation.

K. MATTERS INITIATED – None.

L. CLOSED SESSION
The City Council adjourned to Closed Session at 9:51 p.m. to discuss the following matters:

1. OPEN SESSION IDENTIFICATION of Closed Session Matters F.1.a
Packet Pg. 20
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 15 of 15 05.02.23

2. PUBLIC COMMENTS of Closed Session Matters – None.

3. CLOSED SESSION
A. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL --
ANTICIPATED LITIGATION. Pursuant to Government Code Section 54956.9(d)(4), conference with Legal Counsel regarding initiation of litigation (1 potential case)
B. CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to
Government Code Section 54957.6 - Conference with the City's designated labor negotiators, David Biggs (City Manager), Doug Alessio, (Administrative Services Director), Ginger Staton (Human Resources Manager), to review the City's position and instruct the City's designated representatives regarding negotiations all bargaining units.

4. OPEN SESSION REPORT REGARDING CLOSED SESSION
City Manager Biggs announced there was no reportable action taken in Closed Session.

M. ADJOURNMENT
M.1. Close in Memory of Port Chicago Sailor and Activist Harry Belafonte The Regular Meeting was adjourned at approximately 10:45p.m. in memory of Port Chicago Sailor and Activist Harry Belafonte to the next Regular Council Meeting on Tuesday, May 09, 2023, at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
F.1.a
Packet Pg. 21
Attachment: City Council Minutes of May 2, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 1 of 19 05.09.23
May 9, 2023

CITY OF ORINDA

CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: https://tinyurl.com/Orinda-Public-Comments.They are also kept in the City Clerk’s Office as part of the public record and available upon request. 7:00 P.M. –REGULAR MEETING
A. CALL TO ORDER / ROLL CALL:

Mayor Miller called the Regular Meeting to order at approximately 7:00 p.m.

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

B. PLEDGE OF ALLEGIANCE – Led by Mayor Miller
C. ADOPTION OF AGENDA
Mayor Miller opened the Public Forum, and there were no speakers or changes made to the agenda.

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

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Orinda-Miramonte Photography Challenge Presentations James Duff, Community Outreach Coordinator, gave a presentation and overview of the Orinda-Miramonte Photography Challenge. The City selected photographs for each month which will be used for the City’s social media campaign, and he recognized Miramonte High School students for their participation in the challenge.

Mr. Duff then announced the winners of each month’s photography winner and Mayor Miller gave each winner a token for their submittals. A round of applause followed.

Mayor Miller and Councilmembers thanked Miramonte students and the Environmental Commission.

D.2. Proclamation Declaring The First Friday in June, 2023 as National Gun Violence Awareness Day in Orinda
F.1.b
Packet Pg. 22
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 2 of 19 05.09.23
Mayor Miller read the Proclamation into the record declaring the first Friday in June, 2023 as National Gun Violence Awareness Day in Orinda. She presented the Proclamation to a representative speaking on behalf of Moms Demand Action.

A speaker from Moms Demand Action thanked Mayor Miller and Councilmembers for recognizing the need for gun violence awareness as a primary step to reduce gun violence in communities.

D.3. Proclamation Recognizing May, 2023 as Jewish American Heritage Month
Mayor Miller read the Proclamation into the record recognizing May, 2023 as Jewish American Heritage Month.

Mayor Miller opened the Public Forum.

Diana Honig thanked the Council for the Proclamation and said it is disturbing to see the worldwide increase in antisemitism but also an increase in the United States. The AntiDefamation League estimates a rise by 35%, said she and her family have experienced such incidents, and she thanked the Council for striving to ensure everybody is welcome in the community.

D.4. Proclamation Recognizing May, 2023 as Asian Pacific Islander Heritage Month
Mayor Miller read the Proclamation into the record recognizing May, 2023 as Asian Pacific Islander Heritage Month.

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

D.5. Proclamation Recognizing EBMUD Centennial Anniversary - May 22, 2023
Mayor Miller opened the Public Forum and recognized Marguerite Young, Director, EBMUD to comment on EBMUD’s centennial Anniversary.

Marguerite Young, Director, EBMUD, voiced appreciation for the Council to recognize their upcoming centennial anniversary. EBMUD’s birthday is May 22, 2023 and they are having a community celebration at Lake Temescal in Oakland on Sunday, May 21st from 11 AM to 4 PM. The event is free and family-friendly with food trucks, local music, construction equipment, a separate kids area for them to learn where their water comes from, wines from their watershed, and an EBMUD beer being unveiled by Drake’s Brewery called Water Wings. Proceeds from the sales will go to their Water Lifeline program which supports low income customers. They also have events every month called Water Wednesdays, Water Walks and more can be found on their website.

Mayor Miller recognized EBMUD and presented the Proclamation to Director Young recognizing EBMUD Centennial Anniversary on May 22, 2023.

F.1.b
Packet Pg. 23
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 3 of 19 05.09.23
D.6. Orinda Teen Advisory Committee Annual Report
Parks and Recreation Director Todd Trimble introduced Sheena Wellman-Miner, Recreation Supervisor and Matt Delmartini, Recreation Coordinator who oversee OTAC, and Ivan Smith, OTAC’s Chairperson.

Ivan Smith, Chairperson, gave a PowerPoint presentation on OTAC’s annual report, stated OTAC Officers include Hayley Takeshima, Vice Chairperson, Olivia Shin, Isabella Pier, and Ava Dhaliwal; OTAC Council Members Phoebe Hughes, Matthew Chan, Abby Raphael, Zoe Petty, Stephen Klein, Cole Sasson, Claire Sien, William Anderson, Zuri Ye, Steven Staelin, Ava Pier, George Balan, Charley Matthews, Vivienne Hill, and Ethan Au.

Projects this year include: 1) Coat Drive (Nov-Jan); 2) Three Kids Night Out events (Dec 15, Feb 24, and April 14); 3) Inaugural Christmas Tree Lighting (December 3); 4) Orinda Action Day (April 22); and 5) Red Cross Blood Drive (Cancelled).

He then presented OTAC Wall of Fame which brings recognition to each school year’s OTAC group, with a picture and short bio for each member. The Wall of Fame highlights students, and provides an opportunity for students to learn more about OTAC and hopefully join.

Mayor Miller and Councilmembers thanked Chairperson Smith for his presentation and recognized OTAC members for the valuable projects completed this year.

D.7. Orinda Association Annual Report
Sally Hogarty, President, Orinda Association, introduced members Cindy Powell, Treasurer, and Kate Wiley, Boardmember and founder of the Seniors Around Town program.

She said the OA submitted their Annual Report and could not operate any of their programs without the support of the City and hundreds of volunteers who make the many events possible. They will be having their William Penn Mott, Jr. Environmental Award which was delayed due to COVID on June 4th at 1PM at Wilder Art and Garden Center, honoring their 2022 awardee, Friends of the Nature Area, as well as their 2019 Barbara Leitner and Creeks, the Eagle Scouts and Gold Scouts, and the Classic Car Show is September 9th. She thanked Todd Trimble for working with them for the 4th of July event and said he has been instrumental in coordinating food trucks for the event.

Kate Wiley, Boardmember, Seniors Around Town, said this is their 18th year and thanked the Council for their support and leadership, also thanked former and current Mayors and Councilmembers for serving as volunteer drivers in the program, and recognized Micki Cronin for helping them get the word out on the City’s social media which has resulted in the recruitment of many volunteers. Notably, Bobbie Landers registered as a rider for Seniors Around Town, and she recognized the value of their program.

F.1.b
Packet Pg. 24
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 4 of 19 05.09.23
Mayor Miller and Councilmembers thanked Orinda Association Boardmembers and volunteers for all they do.

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

E. PUBLIC FORUM
Laura Abrams referred to an item on the Parks and Recreation Commission agenda tomorrow night regarding Pickleball. All courts are very busy. The reservation system does not always reflect use, and she questioned the wisdom of the City dedicating a space which has previously been shared and which works. She asked to consider where else Pickleball courts could be located and suggested funds be raised for another location for a different court.

Erica Doherty said she is the mother of a 2 and 5 year old and a full-time working parent.

She submitted public comments on behalf of several families concerning the lack of fulltime and part-time childcare options for working families with young children in Orinda.

The recent closure of Fountainhead Montessori has exacerbated this problem leaving families with short notice to find alternative solutions for their children’s care. She cited the many spaces in Orinda that could be used to fill needs and she asked the Council to address the matter.

F. CONSENT CALENDAR
Mayor Miller asked and confirmed there were no items the public or Councilmembers wished to remove, and there were no public comments.

F.1. Quarterly Investment Report For Period Ending March 31, 2023 Recommendation:

Staff recommends that the City Council accept the Quarterly Investment Report for the period ending March 31, 2023.

F.2. Approve Engineer's Report for the Levy of Annual Assessments; Providing Notice of Intention to Levy Annual Assessments; and Set June 6, 2023 as the date for the Hearing on the Levy of Assessments for Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2024.

Recommendation:

Adopt Resolution No. 34-23, Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year Ending June 30, 2024, Orinda Street Lighting and Landscaping Assessment District No. 1986-1, Zones L-42, M9 and M-11 and Resolution No. 35-23, Intention to Levy and Collect Assessments for Fiscal Year Ending 2024 within the Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11.

F.1.b
Packet Pg. 25
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 5 of 19 05.09.23
F.3. Contract Acceptance of the City Hall North Parking Lot Slope Stabilization Project No. 4108 with NBC Construction, Inc.

Recommendation:

Staff recommends that the City Council adopt Resolution No.33-23 Acceptance of Work for the City Hall North Parking Lot Slope Stabilization Project No. 4108 with NBC Construction, Inc. and authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.

F.4. New 3-year lease agreement with the Orinda Association for space at the Orinda Library
Recommendation:

Authorize the City Manager to execute on behalf of the City a new 3-year lease agreement with the Orinda Association.

F.5. New 3-year lease agreement with the Orinda Historical Society for space at the Orinda Library
Recommendation:

Authorize the City Manager to execute on behalf of the City a new 3-year lease agreement with the Orinda Historical Society.

F.6. New Retail Lease Agreement with So Jin Kim (dba Caffe Teatro) for space at the Orinda Library
Recommendation:

Authorize the City Manager to execute on behalf of the City a new 3-year Retail Lease agreement with So Jin Kim (dba Caffe Teatro) for space at the Orinda Library.

F.7. Partial Release of Retention to Bay Cities Paving & Grading, Inc. for the 2022 Annual Pavement Rehabilitation Project (Project No.4166 & Project No. 4165) and Moraga Way Pedestrian Pathway Project (Project No. 4168) and Approve Project Budget Changes/Corrections.

Recommendation:

Staff recommends that the City Council approve the release of $140,000 in retention for the subject Bay Cities Paving and Grading Inc. Contract, and approve Budget Change Form #011-23 for Project No.4166.

MOTION by Councilmember Riley, and seconded by Councilmember Malkani, to approve Consent Calendar Items F.1, F.2, F.3, F.4, F.5, F.6, and F.7. Said motion carried by unanimous (5-0) roll call vote.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1. Roads and Storm Drain Needs Update
Recommendation:

F.1.b
Packet Pg. 26
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 6 of 19 05.09.23
Receive PowerPoint presentation from Staff.

City Manager Biggs introduced the item.

Public Works Director Scott Christie stated the City Engineer will provide a PowerPoint presentation and noted that staff gave a presentation to the SSTOC at their April meeting to go through the Pavement Management Program (PMP) and how staff funds various projects over the year. Tomorrow night, staff will give another presentation to the SSTOC to indicate what some of the roads and drainage funding needs will be moving forward which will also be presented to the Council in June.

City Engineer Sivakumar Natarajan gave a PowerPoint presentation and described the Department’s use of the StreetSaver program developed by MTC which evaluates and monitors condition of roads in the City’s public rights-of-way and acts as a database, makes quick analysis and calculations, and provides cost-effective maintenance strategies. Staff previously provided a street list for automated funding and a GIS tool generated by the program which is further refined based upon the City’s needs.

He reviewed key benefits of PMP, spoke about pavement life cycle, conditions, and timing of recommended treatments before streets get to a decline, a chart of conditions, PCI ranges, and typical maintenance treatment based on these.

He then displayed a list of types and photo examples of cracking, distortions, patching, rutting and depressions, raveling, and weathering, and examples of various conditions, Orinda’s network information of road functional classifications, centerline miles, lane miles, pavement area, percent of system, and average PCI, and PCI categorized by condition. The program allows City staff to run calculations to have a better understanding of budgeting needs. He presented a summary of each of the scenario 1-5 projections in the area, budget scenario projections, network needs for the next 5 years, and needs for the next 15 years.

Mr. Natarajan then presented the City’s Storm Drain Repair Plan. He provided a background of the plan, described the public storm drain repair plan, the 2016 storm drain master plan by Schaaf and Wheeler, an electronic inventory via GIS, the Citizen Infrastructure Oversight Commission (CIOC), key factors in determining work according to scores, priorities, and categories.

City Manager Biggs stated the City does not have dedicated funds such as gas tax for storm drain repairs. There was a small amount of impact fees from new construction which was used to design projects, but it is not adequate to build anything. In the current CIP, when the Council approved the first 5-year CIP for Measure R there was just under $7 million budgeted. The City has also dedicated $3 million of ARPA funds, so those have been the priority use of Measure R, together with wildfire prevent ion in the first 5 years.

F.1.b
Packet Pg. 27
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 7 of 19 05.09.23
Conceptually, the thought was $10 million of Measure R revenue would go into storm drains, and they are getting close to budgeting that gross number early on. Measure R is also generating about $3.7 million a year or about $700,000 more than initially projected.

At the Council’s last meeting, $350,000 annual investment in storm drains is recommended for these Tier B projects because of addressing highest priorities to avoid larger costs.

Councilmember Iverson said she does not understand why the cost per linear foot is so high, and she asked if there are alternatives to this. Mr. Christie said staff always looks for better ways in the design process. For Category A projects, the construction costs initially estimated was $1.5 million and their construction cost is now estimated at about half of that or about $600,000. They are looking for ways of lining the pipes which is more cost-effective than a more significant trench repair. It is also the upfront costs of permitting which causes added time to have regulatory required studies done. Bid prices for smaller diameter pipes are also high and consistent due to inflation factors.

Councilmember Iverson asked for comment regarding the public correspondence received where the theme is for a public storm drain where water knows no boundaries and fairness.

City Manager Biggs agreed the system is a mix of public and private storm drains. He would not say the case is that the public system is concentrating the water. What happens is water starts above. It may cross the road, but the City is carrying the water from up above. Unless the City has done something to increase the flow it is a shared burden, which he further described.

Councilmember Iverson asked to explain the concept of deferred maintenance.

Mr. Natarajan explained said the City cannot get away with doing a slurry seal for 10 times or 20 times because eventually the baseline structure of the pavement will start getting affected. Although they can extend the life of the pavement, they cannot continue doing this for many years. On the overall network, they are not starting from scratch so they have many streets that required a full reconstruction because of their condition, and many got a heavy rehabilitation. Then, there are newer streets that get preventive treatment.

Councilmember discussion ensued regarding differences between the scenarios, program specifics for identifying where work is needed, whether the Council wants to retain its high PCI, the balance in tackling deferred maintenance, staff’s work to resurvey road conditions, funding sources and whether they are stable, and the amount of maintenance the City can achieve every year.

Mr. Biggs then spoke of gas tax and ebbs and flows based on sales prices, as well as electric vehicles, Measure J return to source funds which has an expiration date, SB-1 funding, garbage impact fees and changing franchise fee law, Measure R, and new mandates from the Water Quality Control Board for pre-treatment of water which could affect 30% to 50% of dollars that would otherwise go into physical improvements to roads.

F.1.b
Packet Pg. 28
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 8 of 19 05.09.23
He said the 2023 Annual Paving Program is in design right now and the first projects may trigger some of those requirements, but the more they get into major street reconstruction, the more they will spend.

Councilmember Malkani asked if the StreetSaver program account for climate change at all. Mr. Natarajan said currently the primary data source are field inspections and data entry from that. If there are improvements made separate from that, staff includes the value. He knows MTC is working on various other programs and are developing more asset management-focused programs but was unsure as to if it has climate-related information in it.

Councilmember Malkani asked how much money the City has been spending annually for storm drain repairs over the last 3-5 years and asked what the source of funding is for these repairs. Mr. Natarajan said not so much has been spent in the recent years. The first 2 Category A projects are just now going out to construction. There are the next few Category A projects in the CIP and staff will be working on those next, and the goal was to introduce the Category B projects.

Mr. Christie added that the City spent a considerable amount to replace the storm drains with the annual paving project identified within the paved area either by trench or lining, whatever is most efficient. The funding source is mixed between drainage impact fees and other sources as part of the roadway project.

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

Vice Mayor Gee commented that StreetSaver is a pavement management computerized software that most communities in the Bay Area use and it is a very good tool. However, it works if staff inputs data and conducts visual inspections. What it is not meant for and what it does not do is replace City staff. The City uses the good judgment of the Public Works staff and consultants.

Mr. Biggs cited the City’s major accomplishments and recognized the voters for their trust in approving tax measures and the bond. They are at that point where they need to turn their attention and take a longer term look because of some of the other changes in the environment. The CIOC also developed a policy on road maintenance and how to pick which road segments to do which they still use to guide them. When staff presents the CIP every 2 years plus the mid-cycle updates this is when they refine and identify specific street segments and particular projects based on the other touchstones.

Mayor Miller concluded the item and she and Councilmembers thanked staff for their informative presentation.

H.2. Inclusionary Housing Ordinance - Continued From May 2, 2023 Recommendation:

Receive Report regarding Inclusionary Housing Ordinances, Discuss Key Parameters, and Direct Staff to Prepare an Ordinance for Review and Consideration.

F.1.b
Packet Pg. 29
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 9 of 19 05.09.23
City Manager Biggs said staff would like to know if the Council would like to go down the path of developing an inclusionary ordinance for review and consideration. It is a work program element called for in the Housing Element. He recognized the interest in it and said inclusionary housing has been around for quite a while. There are more and more of late and this would serve as a tool to facilitate affordable housing.

Background information has been included in the staff report and given State law evolving, if developers propose a certain level of affordable housing, they get to develop by right additional units. Many developers will take advantage of the State density bonus program but also if there were any fully market rate projects they should be contributing towards addressing affordable housing issues.

Staff is starting to work on its work program to implement a variety of Housing Element, Safety Element, and Downtown Precise Plan programs and staff wishes to get a sense of Council’s interest in it. Alternatively, this could be referred to the Downtown and Housing Committee or consider a separate ad-hoc committee.

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

Mr. Biggs noted that at the last meeting a written public comment was received from Nick Waranoff.

Councilmember Iverson thanked the City Manager and Planning Director because it came up a lot in planning discussions. Prior to getting as educated on this topic she liked the idea and supported it, but she has changed her mind. At this point in time, she thinks there is potentially more harm than good for Orinda where they are by passing an inclusionary housing mandate than to give this a chance for the Downtown Precise Plan to get out in the real world and see some implementation before adding new restrictive zoning.

She explained that since the City was incorporated there have been 6 projects; 3 were multi-family and entirely affordable, Orinda Oaks was for-sale housing and it had an inclusionary housing element because the developer used the density bonus incentive.

Wilder was all market rate housing and clearly not dense, and they have the memory care project which is starting construction which is all market rate and using specific zoning.

She does not see a problem the City needs to fix but rather a healthy mix of projects that were all affordable because of what the land owner wanted to do. She sees market rate projects that had other specific things they brought the City or that they were accomplishing, and she saw 2 that use the density bonus incentive and did provide affordable housing.

When they listened to all public hearings she heard a lot of fear of the density bonus incentives and what that would do for the population. She would expect they would see half or more projects that get built will use that density bonus incentive. She would like to see actual projects come forward before the City imposing a requirement on the small handful that would not that do not want all the incentives and waivers.

F.1.b
Packet Pg. 30
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 10 of 19 05.09.23
Mayor Miller referred to Orinda Grove and said she believes they included some inclusionary units. Director of Planning Drummond Buckley stated this development includes 8 affordable units and this was to get the density bonus. He also pointed out that Wilder paid a very substantial amount of money through the development agreement which was used to help make the Monte Verde Senior Project happen.

Vice Mayor Gee said if the City has an inclusionary ordinance but someone is using the density bonus law she asked if these are additive. Mr. Buckley said no, they are not additive.

City Attorney Osa Wolff said if you are obligated to comply with an inclusionary requirement you can count those units towards getting the density bonus. So, you think about the City’s mandate first and whether there will be an inclusionary requirement or not. If there is, the developer can use those units to qualify for the State density bonus.

Mr. Biggs said in getting to Councilmember Iverson’s points, possibly a few market rate projects that do not have any inclusionary or density bonus projects might be beneficial in the revitalization of the downtown. Staff understood one of Mr. Waranoff’s suggestions was that maybe you would have an inclusionary ordinance plus the density bonus requirement, and staff does not believe this could be required so it would be one or the other. And, if you do not have an inclusionary housing ordinance and a developer does not use the density bonus program it would be a market rate project not contributing to affordable housing.

Councilmember Iverson said there are some sites where she thinks inclusionary as a project requirement would be great which would be the BART and Caltrans site. She asked if there will be some sort of specific plan for those projects.

Mr. Biggs said the Caltrans Gateway site is targeted for 100% affordable and the City will either get that site through the de-certification process or through the Governor’s Executive Order for affordable housing, in which case it would only be used for affordable housing. Staff will be embarking on a planning effort for the BART site for transit-oriented development. He would imagine that would be mixed income.

Mr. Buckley said he believes BART has a high proportion of affordability they require for their TOD projects.

Vice Mayor Gee said if people end up paying in-lieu fees through such an ordinance she wondered what would the City expend that money on.

Mr. Buckley said this is essentially what the Wilder developer did. The City could accumulate in-lieu fees and work with a non-profit or a church that wanted to develop affordable housing. The City could help fund a project.

Mr. Biggs said Moraga just adopted their in-lieu fee and they talk about using it for administration, monitoring, and compliance. It might be one of the funding sources would have to go into making an affordable project viable.

F.1.b
Packet Pg. 31
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 11 of 19 05.09.23
Councilmember Malkani referred to Lafayette and Moraga and said the City has a mandate to zone for or encourage a certain number of affordable housing units. She is somewhat uncomfortable with the notion that a developer could come in at this point now that the City has that mandate with an all market rate project. To her, if feels like the developers a pass a bit.

On the other hand, the City does need development here so she has mixed feelings.

What tips in favor of having an inclusionary ordinance is when they look at their neighbors who have them. She does not feel the City is at a competitive disadvantage of having one in terms of attracting that development. To the extent in-lieu fees can be collected she would like Orinda to be able to collect them.

In terms of neighbors, Walnut Creek has had an inclusionary ordinance for a long time, and she asked what other cities have one. Mr. Buckley stated he could prepare a table that answers that, but he was unsure but there is a link with this information in the report.

Councilmember Malkani said she would be interested in looking at this more. She does not feel comfortable with writing it off at this point, so she would favor an ad-hoc committee and would like to talk through the points recognizing the Council is considering it. She appreciates Councilmember Iverson’s comments, but she would like to know more.

Councilmember Iverson said the retail is what scares her the most. These are private landowners other than Caltrans which she feels differently about. She really would like retail to go in the downtown core and they have heard many times from people that retail is not the money maker and the housing is the subsidy, as well as parking. She is afraid that if the City requires everything to take 10% or 15% of its inventory and make that a subsidized product, the City will get cheaper, smaller buildings or units in the buildings and they will not have enough parking or bring retail.

If they say their highest priority is affordable housing, they might be saying that is a higher priority to get feasible projects brought to them than retail or parking, and it scares here and feels unprepared this year to start crafting an ordinance when they do not have a great track record of getting mixed use projects by anybody. So, she fundamentally looks at the economics.

Vice Mayor Gee said she appreciates Councilmember Iverson’s comments. It is something to think through, but she tends to agree with Councilmember Malkani that she would like to explore it more. Some of her reasons may not match at all with particulars of on-the-ground development in Orinda, but she thinks being realistic, Orinda is historically a community that did not like or want development, and they could easily be accused of already being an expensive community that is not affordable without much diversity. She thinks they have done very well with senior housing project which are nice and needed additions. She just wants to be careful that they do not appear they are shutting down the idea of trying to encourage the mixture of housing.

F.1.b
Packet Pg. 32
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 12 of 19 05.09.23
Councilmember Riley said originally her gut was that they do not want to do this and it runs afoul of their goal to revitalize and get new businesses. But then she spoke with a couple of people in the field and one developer who deals with this everyday said this will not hurt the City. They have their ways to get around it and this is how they do business.

The other point she heard was the main problem is getting property owners be willing to sell to make their goals. She also thought about delaying it and seeing how things go, but if this is the way they do business, it does not cause concern and she suggested adopting an inclusionary ordinance and then figure out how to retain as much discretion as they can and not box themselves in.

Mayor Miller said one of the City’s downtown owners reached out to her this week and said they were very interested in their property so she thinks the energy is loud and clear.

She fully acknowledges she does not know what the right direction is. The City is largely left to forge through the affordable housing the State wants the City to develop and some cities are not models for success. She thinks it would be helpful to go through the list and decide next steps.

1. Size of development to which the inclusionary housing ordinance would apply.

Mayor Miller asked if an in-lieu fee is required where you have an inclusionary housing ordinance.

Mr. Buckley said it still varies. Mr. Biggs said he uses the Moraga example because often if the threshold is set at 10 units you do not even collect a fractional fee for anything less than 10, but it does vary.

Mr. Buckley said in terms of Councilmember Iverson’s concerns, one way they could split the baby is to have a higher unit count where it becomes effective. Over time, the Council could change that more to be at the 10 level.

Councilmember Iverson said when they get to Matters Initiated she was hoping to initiate discussion of a retail development incentive program to put retail in a mixed use project in the downtown zone. However, she has never heard of anything where they are tied to the inclusionary ordinance. She emphasized her previous comments and said everything in San Francisco has below market rate housing at a certain percent and this is how they got built, but those are 250-300 unit projects and she is not sure this will be the same economy of scale for here. So, they almost must charge an in-lieu fee to meet the list of what HCD needs, and she would hope to include it for larger projects such as 30 units or more rather than 10 units.

Councilmember Malkani said she thinks the recommendation of 10 units seemed reasonable and she wondered what Lafayette’s was. Mr. Buckley said he believes theirs is 10.

F.1.b
Packet Pg. 33
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 13 of 19 05.09.23
Councilmember Malkani thinks 10% to 15% seemed like a good range because it is in sync with other cities. Regarding number 3, she thinks this it is important to send a message of equity, but on a smaller project they might want to have more flexibility.

Regarding number 4, she did not have strong feelings on in-lieu fees or development incentives at this time. For smaller projects you would want an in-lieu fee.

Mayor Miller asked if this is allowed to go down to 3 units, or asked if there is a minimum.

Mr. Biggs said at a certain point mathematically it is not generating much of a fee, but anything is feasible. At this time, ultimately staff will develop a conceptual ordinance. It will have to go to the Planning Commission and Council for public hearing, so anything they do will be subject to additional refinement. Staff can research other ordinances and programs in more detail.

EXTEND MEETING
MOTION by Councilmember Malkani, and seconded by Vice Mayor Gee, to continue the meeting to 10:30 p.m. Said motion carried by unanimous (5-0) roll call vote.

Councilmember Malkani deferred number 5, stating she did not know enough to provide comments.

Councilmember Riley referred to number 5 and said she supports any decisions that can be made that are pro development. She would go with 10% because she would think it is helpful to development. Regarding number of units, she was not sure about whether 10, 20 or 30 is reasonable.

Vice Mayor Gee said she would also agree with the idea of about 10% because she knows so little about this and was stunned of learning how suspicious HCD is because they feel it prevents rather than creates, affordable housing. This problem is so thorny and every community has been charged with accomplishing so much that it is beyond the scope of anything that has ever been done. She thinks everybody must have a little bit in the game and contribute something because trying to achieve these things is so hard.

She was not sure where number 5 belongs but the two items she would care about are retail and whether there is a way to encourage a developer to not just build all studios and one bedroom units, but instead a mix of 3, 2 and 1 bedroom units. By doing so it provides a range of housing rather than creating as many small apartments as possible.

Mr. Buckley said he does not know how HCD would feel about such an ordinance but it is something he could run past the City’s consultants to test that part of it.

F.1.b
Packet Pg. 34
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 14 of 19 05.09.23
Councilmember Iverson said when she asked about it in the Planning Commission context the objective design standards are where unit mix might be more applicable because there is where people can develop as a matter of right of what the mix must be.

She thinks this was meant to be additional waivers and concessions in addition to what they get with the automatic density bonus. Moraga gets more density and more incentives because of the City mandate, and she was not prepared to go further than density bonus law but she thinks the unit size is unrelated.

Councilmember Malkani asked for an explanation of number 5. Mr. Biggs said to Councilmember Iverson’s point and the State density bonus program, a developer does an additional 10% density. The City could offer the same thing for a market rate project that does not choose to use the State density bonus program and they would decide to go that path for in-lieu fees. But with a 10% density bonus on just only a City inclusionary project that otherwise would be market rate be enough of an incentive for the developer to be able to build those units.

He has also seen on occasion, and the State is pre-empting cities in some areas, an inclusionary program that would reduce the parking requirements for the inclusionary units. As they look at other cities, staff could pull those out and provide other examples.

Councilmember Iverson gave her quantified comments. She will suggest it would be 35 units in the case of multi-family and 10 units in the case of for-sale product. She likes the 10%, agree the mix should be proportionate and have it be equitable, yes on in-lieu fees and she would not go beyond the State incentives for development incentives and she would like to create incentives for other things that might be compromised if the Council does this.

Mayor Miller said she feels the Council is thinking critical about this, said on the size of development she does not know, does not know about the amount to be set-aside, agrees with Councilmember Iverson that the mix should be proportionate as set by Fair Housing, thinks an in-lieu fee makes sense, and for number 5, she thinks they should try to look for incentives that do not run afoul of fair housing. On the other hand, if they somehow offset the developer’s other fees in another way, it would be a useful way of encouraging the affordability element while helping not discourage the project, in general. So, she thinks it is something worth looking at.

Mr. Biggs said this was a helpful discussion and he summarized that he is hearing the Council is to continue to work on an inclusionary ordinance. They heard high level consensus on a couple of points. Regarding how to advance this, staff could take the input and while not addressing everyone’s concerns, return in the summer with follow-up information. The Council could work with an ad-hoc or the Downtown and Housing Committee, refine or narrow the options, and he thinks there is enough range of options available that they must refine a bit more.

Councilmember Malkani said she feels there is enough big picture thoughts being developed on this and it should return to the full Council from staff.

F.1.b
Packet Pg. 35
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 15 of 19 05.09.23
Mayor Miller agreed and ultimately her suggestion would be this go to the Downtown and Housing Committee after the Council has given enough direction and refinement.

Councilmembers concurred, and Mr. Biggs stated later this summer staff will bring this back, will begin to examine these issues, try to narrow some of the options, and provide other illustrations and examples.

H.3. Strategic Priorities for Fiscal Years 2023-24 and 2024-25 Recommendation:

Review and Confirm Strategic Priorities for the City as Revised City Manager Biggs stated the Council discussed this on April 11th and referred the strategic priorities, tasks, and goals component to an ad-hoc that was Councilmember Malkani and Councilmember Riley. Behind the staff report on pages 326 and 327 are their recommendations.

Councilmember Riley stated the changes are consistent with what she suggested at the last meeting on this, putting it more in the active voice, and she asked if Councilmembers wanted her to go through all changes or not.

Councilmember Iverson suggested not going through the entire document and thanked Councilmembers for their great work. She felt inappropriate for the ad-hoc committee to draft de novo ideas that were not discussed.

Councilmember Riley said the concept of diversity was a preamble. It is not in the 5 priorities but a preamble before the 5 priorities. She thinks they should have a separate priority because the preamble is lost so she would spell it out again and create Strategic Priority #6 that says exactly what they want it to say.

Councilmember Malkani agreed and said they put the footnote in because it was not in what they were re-drafting, and it seemed wrong to have a strategic priority that did not include the diversity piece. The second addition was based on what was communicated at a Council meeting, so this was a newer piece. She thinks if they are confirming these are strategic priorities for the City as of the time they are confirming them, it would seem to make sense to add in, but she wanted to highlight that language that this was flagged as something different and they need to agree or not agree on it. She said the overall lens of equity and diversity was an overall lens but it is not mentioned in strategic priorities anywhere.

Councilmember Riley referred to the bottom of 363, the last sentence; “The Council also discussed approaching this work through a lens of diversity, equity, and inclusion (DEI) and support for Orinda schools. She thinks this should be the 6th priority.

Councilmember Iverson said she supports the footnote over re-writing it again.

F.1.b
Packet Pg. 36
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 16 of 19 05.09.23
Mayor Miller said they had the word smithing going on which is in here that made the language clearer. Then, there are items in the footnotes on page 327. She asked if the Council supported making number 6 that footnote at this meeting.

Councilmember Malkani said they could adopt it without the footnotes or just strike the language.

Mr. Biggs said the footnotes highlight some additional language that was added to a couple of the notes and tactics. The ad-hoc committee was just calling this to the Council’s attention. Under Draft Goal Statement about staffing, the first bullet point added a reference to a diverse workforce. On the next page there was the addition of including green infrastructure called out in the 2nd bullet point under Strategic Priority #6: City Facilities and Infrastructure. As pointed out in the summary of the report there are the 5 bullet points and a statement about a lens of diversity, equity, inclusion, and support for Orinda schools. So, the ad-hoc committee was trying to capture those there. Another opportunity could be to take that same statement out of the strategic plan and add it as an introduction to the existing priorities.

Mayor Miller agreed that makes sense because the way she was reading this was the adhoc committee was calling out this language because it was not precisely on the topic and that it had done this. This was good to add the language as it has been added.

Mr. Biggs said what staff does is constantly refer to the Strategic Priorities and other documents. They do not go back to the entirety of the summary from the session. So, he thinks if they were to entitle this 2023/24 Strategic Priorities, you could take a sentence that states, “Listed below are the 6 strategic priorities and related tasks and the City will approach these strategic priorities through a lens of diversity, equity, and inclusion and support of Orinda schools.”
Councilmember Riley said if it is not written under the goal as a tactic and remind the reader this is very important, she would recommend adding Footnote 1 which is in the appropriate place as a tactic to building staff.

Councilmember Iverson suggested leaving the new bullet points as drafted and delete the footnotes which were internal notes and saying they were unilaterally added.

Councilmembers agreed.

Mayor Miller asked if the City Manager’s comment was to add the other item in addition to what the ad-hoc committee added. Councilmember Riley agreed, and Mr. Biggs said adding it as an introductory as a stand-alone component indicating the lens would apply to everything the City does. The lens is captured in the summary report staff will finalize from the Institute of Local Government and that will be available as a resource document, but it closes the loop and makes sure the do not lose those lenses when focusing on the strategic priorities.

F.1.b
Packet Pg. 37
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 17 of 19 05.09.23
Vice Mayor Gee said she missed the meeting when this was discussed but she asked if these strategic priorities intended to all be equal or are they intended to be in this numerical order. This will matter greatly based on feedback they get from the community.

Mr. Biggs said he does not believe it is intended to be priority order and Councilmembers agreed. Vice Mayor Gee suggested including an explanation on this.

Her other question is there were several other items that got discussed in the workshop and floating around from years of strategic conversations. She thought this is not intended to eliminate being able to budget or pursue any of those other things.

Mr. Biggs confirmed, and said there was a parking lot of ideas they also captured that will be coming back as budget referrals. Staff uses these as broad goals, but it does not preclude other initiatives or implementation items. Regarding the idea of how they renumber, they could eliminate the numbers.

Vice Mayor Gee agreed with this and Councilmember Riley suggested they be listed in alphabetical order and include a statement in the preamble.

Councilmember Malkani said the Footnote 2 on the second added line; the City Facilities and Infrastructure Strategic Priority on page 327 reads, “Actively assess and seek funding to pursue public amenities and infrastructure projects, including green infrastructure” came from the Council’s CID discussion. She asked if this bullet should be included and eliminate the footnote or she asked if the Council does not want to include that bullet.

Councilmember Iverson said when she read the title of it was Facilities and Infrastructure and you had the same language of Facilities and Infrastructure, a notetaker should have phrased it that was from the beginning, so the editorial input was right.

Councilmember Riley said one idea that was not captured on the retreat day and brought up later, so this reflects what they said at the retreat. Councilmember Iverson said she believes Vice Mayor Gee brought up over and over seeking funding for infrastructure projects, so she thought the Council heard it loud and clear, and this is why she thinks it was an improvement.

EXTEND MEETING
MOTION by Councilmember Malkani, and seconded by Vice Mayor Gee, to extend the meeting for 10 minutes. Said motion carried by unanimous (5-0) roll call vote.

Mr. Biggs summarized the Council’s direction is to add a brief introductory sentence that will reflect “The City will approach these strategic priorities through a lens of diversity, equity, and inclusion and support of Orinda schools” and a sentence to refer to the full summary of the workshop for other items that relate to implemented strategic priorities.

Staff will list the strategic priorities without a numerical designation alphabetically, and delete the footnotes. All other language from the ad-hoc committee will remain.

F.1.b
Packet Pg. 38
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 18 of 19 05.09.23
Vice Mayor Gee asked for an explicit statement that says “these are not listed in any priority order.” Councilmembers agreed.

Mayor Miller opened the Public Forum.

City Clerk Smith announced that 2 communications were received prior to the meeting from Steve Cohn and Joel Libove, and there were no public speakers.

MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to confirm Strategic Priorities for the City, as revised. Said motion carried by unanimous (5-0) roll call vote.

I. COUNCILMEMBERS’ REPORTS – Vice Mayor Gee stated she and Councilmember Malkani attended a 2x2 Subcommittee meeting held with MOFD on May 4th. They had some in-person attendance and moving forward, Councilmember Malkani will chair the subcommittee. They had an interesting discussion on the community possibly creating a new Fire Safe Council.

Councilmember Malkani said the model is the Diablo Fire Safe Council and they will be looking at the creation, structure, with Moraga and Orinda acting jointly and a separate non-profit entity that could collect donations and seek grants in a different way and potentially award grants to a group of neighbors.

J. CITY MANAGER’S REPORT – Mr. Biggs stated the Fire District recently sent out reminders of the Fire Code requirements for fire fuel abatement. Next week, people can look for a tri-fold brochure that will share tools for residents to come into compliance with the Fire Code.

K. MATTERS INITIATED – Councilmember Iverson said she feels the State has provided very powerful incentives to developers to put affordable units in their buildings. She did not know how the City’s inclusionary housing mandate was going to go because that changes it from being an incentive versus every project needing to be 10% affordable. She would like to find incentives they can do for retail priority sites in the Downtown Precise Plan where they want to see mixed use either horizontal or ground floor retail and offer density or other waivers of the objective design standards that would incentivize developers to include retail who otherwise might not.

MOTION by Councilmember Iverson, and seconded by Councilmember Malkani, to agendize a Matters Initiated to return at the second meeting in July regarding discussion of incentives for retail priority sites in the downtown. Said motion carried by unanimous (5-0) roll call vote.

Mayor Miller said Councilmembers have been receiving emails from the Animal Control group regarding dogs being euthanized at the County Animal Shelter and how to get the word out about this to people, and she suggested a Matters Initiated item for discussion on this topic.

F.1.b
Packet Pg. 39
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) Orinda City Council Minutes Page 19 of 19 05.09.23
Mr. Biggs said Animal Control has offered to come and present, and then the topic could be broader, as well.

EXTEND MEETING
MOTION by Councilmember Iverson, and seconded by Councilmember Malkani, to extend the meeting until 11:00 p.m. Said motion carried by unanimous (5-0) roll call vote.

L. CLOSED SESSION
The City Council adjourned to Closed Session at 10:40 p.m. to discuss the following matters:

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. PUBLIC COMMENTS of Closed Session Matters – None.

3. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code Section 54957.6 - Conference with the City's designated labor negotiators, David Biggs (City Manager), Doug Alessio, (Administrative Services Director), to review the City's position and instruct the City's designated representatives regarding negotiations all bargaining units.

B. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.

Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.

4. OPEN SESSION REPORT REGARDING CLOSED SESSION
City Attorney Wolff announced there was no reportable action taken in Closed Session.

M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 11:30 p.m. to the next Regular Council Meeting on Tuesday, June 06, 2023, at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
F.1.b
Packet Pg. 40
Attachment: City Council Minutes of May 9, 2023 (3119 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: June 20, 2023
Department: Finance
AGENDA TITLE: Adoption of Appropriation Limit For Fiscal Year 2023-2024 RECOMMENDATION:

Adopt Resolutions #37-23 establishing the Annual Appropriations Limit for Fiscal Year 2023-2024.

BACKGROUND:

California voters approved propositions, amending the State Constitution, which require that the annual City budget include a calculation of the Appropriations Limit, sometimes referred to as the Gann Limit. This requirement was imposed by Proposition 4 (1979) and later amended by Proposition 111 (1990). The legislation imposes a restriction on the amount of government revenue which may be appropriated in any fiscal year.

Since the City of Orinda was formed after the adoption of a requirement for an Appropriations Limit, the City’s initial appropriations limit was established by the Contra Costa County Board of Supervisors. This was included on the ballot for the incorporation vote. Under State law the limit can be increased each year based on a specific formula and specified growth factors. The Appropriations Limit does not apply to all funds. It only applies to “proceeds of taxes” as will be explained below.

Each year as part of the Budget process an adjustment factor is calculated and applied to the prior year’s limit. The City Council adopts the adjusted limit by Resolution, at a public meeting. The law also requires that the calculation must be included in the Budget document and made available for review 15 days prior to adoption. The City Council may also adopt adjustments and / or corrections to previously adopted limits.

DISCUSSION:

Each year the Appropriations Limit (Limit) is adjusted as the Annual Budget is reviewed and estimates are made for the Appropriation of funds. The adjustment to the Limit is calculated by multiplying the adopted Limit from the previous year, by factors reflecting economic changes. The laws regulating the application of the Limit forbid an agency from appropriating specific funds that would exceed the Limit. The restriction applies to appropriating monies categorized as "Proceeds of Taxes" (such as property taxes, sales taxes, etc.). The adjusted Limit then carries forward to the next year.

In order to maximize the limit, the factor that provides the greatest amount of growth is selected each year. The two sets of optional factors are:
1) The change in population – selecting between the annual change for the City of Orinda; or for Contra Costa County; and
F.2
Packet Pg. 41
2) The change in the State per capita Personal Income; or the percentage change in the assessed valuation caused by Orinda Non-Residential Building Construction.

For the second factor the City has used the change in the State per capita income, which is published on an annual basis. Since the City’s assessed valuation is mostly residential it is unlikely that the non-residential growth would exceed the income factor.

In the event there is significant non-residential development in any year, this factor can be researched further.

Fiscal Year 2023-2024 Adjustment
The factors selected and incorporated into Attachment A (Resolution 37-23 Establishing the 2023-2024 Appropriations Limit), are:
a) The growth in population for Contra Costa County
Factor (a) Population
1/1/2022
Population
1/1/2023
%
Increase
b. Contra Costa County 1,151,714 1,147,569 -0.36%
b) The change in State Per Capita Personal Income.

Factor (b) % Increase
a. Change in State Per Capita Personal Income 4.44%
Calculation:

Appropriation Limit Calculation FY 2023-2024
Factors Calculation
Population Change Contra Costa Co. -0.36% 0.9964
State Per Capita Personal Income 4.44% 1.0444
Calculation of Factor for FY 2023-24 1.040640 0.9964 * 1.0444 Prior Year Appropriation Limit (2022-23) $24,941,095
Appropriation Limit FY 2023-24 $25,954,701 =24,941,095*1.040640 On June 21, 2022, the City Council adopted an Appropriations Limit of $24,941,095 (Resolution No. 27-22). The adjustment calculation for Fiscal Year 2023-2024 will increase the Appropriations Limit by $1,013,606. The new Limit is $25,954,701 (FY 2023-2024 Limit). Based on the proposed Budget for FY 2024, the amount deemed to be Proceeds of Taxes totaled $19,065,956, which is $6.9 million below the Limit.

NEXT STEPS:

As part of the annual Financial Audit the independent Auditors prepare “Agreed upon Procedures” reports to validate the computation of the Limit.

FISCAL IMPACT:

F.2
Packet Pg. 42
Adoption of the Limit will ensure the City appropriations are in compliance with State requirements and that the Limit adjusts by the allowed amount. In Fiscal Year 2023- 2024 the City remains 27% below the limit which restricts appropriations of taxes.

ATTACHMENTS:

A. Resolution 37-23 Adoption of FY 2023-2024 Appropriations Limit Respectfully Submitted by:

Nancy Zhang
Prepared By: Nancy Zhang,
Approved by:

F.2
Packet Pg. 43

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

Establishing the Annual )
Appropriations Limit for ) Resolution No. 37-23
Fiscal Year 2023-2024 )
WHEREAS, the establishment of an Appropriations Limit was imposed in 1979 by adoption of Proposition 4 by the voters Statewide, and amended in 1990 by the adoption by the voters of Proposition 111; and
WHEREAS, Article XIIIB of the State Constitution requires that appropriations from the proceeds of taxes cannot exceed an annual appropriations limitation; and WHEREAS, the initial base appropriations limit for the City of Orinda was established in Fiscal Year 1985-1986 as incorporated into the ballot measure approving incorporation for the City; and
WHEREAS, Article XIIIB establishes the methodology for annually adjusting this appropriations limitation; and
WHEREAS, the methodology provides that the prior year’s appropriation limitation may be adjusted by the greater of either the annual change in the local non-residential new construction or in the California per capita personal income multiplied by the greater of the annual change in County population or in the City population; and WHEREAS, for Fiscal Year 2023-24 the City has selected the “Growth in the Contra Costa County Population” and “Growth in State Per Capita Income” as outlined in the schedule attached hereto and made part hereof; and
WHEREAS, the Fiscal Year 2023-24 base limit to which the adjustment is applied shall be use the 2022-23 (Prior Year) Appropriations Limit of $24,941,095, as adopted by the City Council on June 21, 2022 (Resolution No. 27-22).

NOW, THEREFORE, BE IT RESOLVED, that the appropriations limitation for the City of Orinda for Fiscal Year 2023-24 is established at $25,954,701, as attached.

Adopted by the City Council of the City of Orinda on June 20, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
Sheri Marie Smith, City Clerk
F.2.a
Packet Pg. 44
Attachment: Resolution 37-23 Adoption of FY 2023-2024 Appropriations Limit (3135 : Adoption of Appropriation Limit 2023-2024 (Gann Limit))

SCHEDULE OF ANNUAL APPROPRIATIONS LIMIT
CALCULATION FOR FISCAL YEAR 2023-2024
FACTORS: 1) Change in the cost of living, and 2) Change in population

SELECTION OF OPTIONAL FACTORS

1. Change in Population (City of Orinda vs. Contra Costa County) as estimated by the California Department of Finance. The City selects the change in Contra Costa County population.

2. Change in State per capita Personal Income vs. Orinda Non-Residential Building Construction. The City selects the change in per capita personal income. * Change in non-residential assessed valuation was not available and given that the majority of the assessed valuation in Orinda is designated as residential this factor would be expected to be lower than the Change in Per Capita Income.

Appropriation Limit Calculation FY 2023-2024
The 2023-24 Appropriations subject to the limit (“Proceeds of Taxes”) total $19,065,956.

This total is based on the requirements of the Appropriations Limit which requires the assignment of all appropriated revenue to either a Proceeds from Taxes (i.e. Property Tax, Sales tax, etc.) or assigns the appropriation to a Non Proceeds of Taxes (i.e. Fees and charges, grants, etc.). Based on the analysis the City remains $6,888,745 or 27% below the authorized limit.

Options Population
1/1/2022
Population
1/1/2023
%
Increase
a. City of Orinda 19,326 19,225 -0.52%
b. Contra Costa County 1,151,714 1,147,569 -0.36%
Options % Increase
a. Change in State Per Capita Personal Income 4.44%
b. Change in Orinda Non-Residential Assessed Valuation N/A* Factors Calculation
Population Change Contra Costa Co. -0.36% 0.9964
State Per Capita Personal Income 4.44% 1.0444
Calculation of Factor for FY 2023-24 1.040640 0.9964 * 1.0444 Prior Year Appropriation Limit (2022-23) $24,941,095
Appropriation Limit FY 2023-24 $25,954,701 =24,941,095*1.040640 F.2.a
Packet Pg. 45
Attachment: Resolution 37-23 Adoption of FY 2023-2024 Appropriations Limit (3135 : Adoption of Appropriation Limit 2023-2024 (Gann Limit)) City Council
Staff Report
Agenda Item: F.3
Date: June 20, 2023
Department: Human Resources
AGENDA TITLE: Adopt Updated Consolidated Salary Schedule for Regular City Positions
RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 40-23 updating the Consolidated Salary Schedule for regular city positions.

BACKGROUND:

To efficiently administer the salaries and wages, it is beneficial to have a consolidated salary schedule which displays all authorized salaries for regular positions in a single document. The City has a total of 35.5 regular employee positions funded in the adopted Fiscal Year 2022-2023 Budget. For salary and benefit purposes, these are divided into three groups. The General Employee Group is represented by Teamsters Local No. 856 and the salary and benefits for that group are subject to a Memorandum of Understanding (MOU) and subject to formal bargaining procedures. The second group is the Unrepresented Employees group which consists of manager and midmanager positions. The third group is the City Manager who is subject to a contract, in which salary and benefit adjustments are made in accordance with the City Manager Employment Agreement.

On July 5, 2022, the City Council adopted Resolution No. 33-22, which provided for changes in salary and benefits negotiated with Teamsters Local Union No. 856 and authorized the City Manager to execute a three-year Memorandum of Understanding (MOU) between the City of Orinda and the City of Orinda represented employees for the period July 1, 2022 through June 30, 2025. The Memorandum of Understanding (MOU) included three salary adjustments. The first was a five percent (5%) cost-of-living wage increase which went into effect on July 3, 2022 and two subsequent salary adjustments:
a four percent (4%) cost-of-living wage increase effective July 1, 2023, and a three percent (3%) cost-of-living wage increase of effective July 13, 2024. `
On July 5, 2022, the Council also adopted Resolution No. 34-22 which amended the terms and conductions of employment for the Unrepresented Employees and adopted an updated Consolidated Salary Schedule via Resolution No. 35-22 which incorporated the five percent (5%) cost-of-living wage increase to both the represented and unrepresented employees into one document with an effective date of July 2, 2022.

The salary schedule also includes the current contract salary of the City Manager, which is not changed with this action. The most recent salary increase for the City Manager was adopted by the Council per Resolution No. 55-22 and was three percent (3%) increase effective November 7, 2022.

F.3
Packet Pg. 46
DISCUSSION:

Staff has prepared an updated consolidated salary schedule which contains a four percent (4%) cost-of-living wage increase with an effective date of July 1, 2023.

The updated Consolidated Salary Schedule includes the following updates and clarifications to better reflect organizational updates and procedures. • The Director of Finance position title has been removed from the position list.

The Administrative Services Director classification, which better reflects the duties of the position which include risk management, information technology and provides direction to the Human Resources Manager, has been in use since October 1, 2020 (adopted by Resolution 54-20 on September 1, 2020). • On October 2, 2018, the City Council adopted a new classification of Assistant City Manager/Department Head via Resolution 71-18. Any Department Head may be appointed to the Assistant City Manager/Department Head position. The updated salary schedule includes an asterisk by the Department Head classifications which are eligible for appointment to the Assistant City Manager position and footnote has been added to the schedule regarding Article 1.8. Per Article 1.8, any Department Head who is appointed to the Assistant City Manager position will receive a 5% premium pay above the salary for the job classification which the appointed incumbent is employed.

NEXT STEPS:

Staff will work to implement the wage adjustments for represented and unrepresented employees effective July 1, 2023.

FISCAL IMPACT:

On an annualized basis, the total FY 2023-24 salary changes will result in a net increase of approximately $207,000 (approximately $169,000 attributable to wages and $38,000 attributable to net change in benefit costs). There is adequate funding in the proposed fiscal year 2023-24 budget to cover items that result in an additional cost.

ATTACHMENTS:

A. Resolution 40-23 Amending Consolidated Salary Schedule B. Consolidated Salary Schedule 7-1-2023
C. Resolution 40-23 Amending Consolidated Salary Schedule Respectfully Submitted by:

Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
F.3
Packet Pg. 47
Approved by:

F.3
Packet Pg. 48
In the Matter of:

Amending the Consolidated Salary )
Schedule Effective July 1, 2023 for
General Employee and Unrepresented
Positions
)
)
)
Resolution No. 40-23
WHEREAS, on July 5, 2022, the City Council adopted Resolution No. 33-22, which provided for changes in salary and benefits negotiated with Teamsters Local Union No. 856 and applicable to the represented employees; and
WHEREAS, on July 5, 2022, the City Council adopted Resolution No 34-22, which amended the terms and conditions of employment for Unrepresented Employees; and WHEREAS, on July 5, 2022, the City Council adopted Resolution No. 35-22, which amended salaries for General Employees and Unrepresented Employees in accordance with the above actions; and
WHEREAS, in order to efficiently administer the salaries and wages it is beneficial to have a consolidated salary schedule which displays all authorized salaries for regular positions in a single document; and
WHEREAS, included in the Memorandum of Understanding revisions is a salary increase of five percent (4%) applied to the monthly salary of represented positions effective July 1, 2023; and
WHEREAS, the Unrepresented Employees will receive a salary increase of four percent (4%) applied to the monthly salary of unrepresented positions effective July 1, 2023; and
WHEREAS, the revised salaries effective for the Fiscal Year 2023-2024 have been calculated and are included in a Consolidated Salary Schedule attached hereto; and WHEREAS, the Memorandum of Understanding includes one subsequent salary adjustments on July 13, 2024, which will be presented for City Council as part of a Consolidated Salary Schedule prior to the effective date; and WHEREAS, the Fiscal Year 2023-2024 Draft Budget includes sufficient funding to implement the proposed salary adjustments presented in the attached schedule.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby amend the current Consolidated Salary Schedule for General Employee and Unrepresented positions effective July 1, 2023 attached hereto and by reference made a part hereof.

F.3.a
Packet Pg. 49
Attachment: Resolution 40-23 Amending Consolidated Salary Schedule (3141 : Adopt Updated Consolidated Salary Schedule for Regular City Approved and adopted by the City Council of the City of Orinda at a regular meeting on June 20, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
F.3.a
Packet Pg. 50
Attachment: Resolution 40-23 Amending Consolidated Salary Schedule (3141 : Adopt Updated Consolidated Salary Schedule for Regular City City of Orinda
Consolidated Salary Schedule Update
Effective July 1, 2023 (except City Manager)
Resolution No. 40-23
Prepared June 8, 2023
Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Accountant 7/1/2023 General 7,281.87 8,885.28 7,281.87 42.01 7,354.69 42.43 7,428.24 42.86 Accounting Technician I 7/1/2023 General 4,990.67 6,089.56 4,990.67 28.79 5,040.58 29.08 5,090.97 29.37 Accounting Technician II 7/1/2023 General 5,338.52 6,514.00 5,338.52 30.80 5,391.90 31.11 5,445.80 31.42 Accounting Technician III 7/1/2023 General 5,873.06 7,166.22 5,873.06 33.88 5,931.76 34.22 5,991.09 34.56 Administrative Assistant I 7/1/2023 General 4,701.92 5,737.24 4,701.92 27.13 4,748.94 27.40 4,796.44 27.67 Administrative Assistant II 7/1/2023 General 5,030.96 6,138.72 5,030.96 29.02 5,081.26 29.31 5,132.09 29.61 Administrative Services Director * 7/1/2023 Unrep 14,690.18 17,924.80 14,690.18 84.75 14,837.08 85.60 14,985.45 86.45 Assistant Engineer 7/1/2023 General 9,191.63 11,215.55 9,191.63 53.03 9,283.55 53.56 9,376.39 54.09 Assistant Planner 7/1/2023 General 8,062.16 9,837.37 8,062.16 46.51 8,142.78 46.98 8,224.22 47.45 Associate Engineer 7/1/2023 General 9,833.14 11,998.28 9,833.14 56.73 9,931.47 57.30 10,030.77 57.87 Associate Planner 7/1/2023 General 8,627.59 10,527.29 8,627.59 49.77 8,713.86 50.27 8,801.00 50.78 City Clerk * 7/1/2023 Unrep 9,980.08 12,177.61 9,980.08 57.58 10,079.88 58.15 10,180.68 58.73 City Engineer 7/1/2023 Unrep 11,356.48 13,857.05 11,356.48 65.52 11,470.02 66.17 11,584.75 66.84 Community Services Officer 7/1/2023 General 5,688.20 6,940.68 5,688.20 32.82 5,745.06 33.14 5,802.52 33.48 Director of Parks & Recreation * 7/1/2023 Unrep 11,676.48 14,247.51 11,676.48 67.36 11,793.23 68.04 11,911.17 68.72 Director of Planning * 7/1/2023 Unrep 13,026.85 15,895.25 13,026.85 75.15 13,157.11 75.91 13,288.69 76.67 Director of Public Works * 7/1/2023 Unrep 13,907.45 16,969.73 13,907.45 80.24 14,046.53 81.04 14,186.99 81.85 Education & Outreach Coordinator 7/1/2023 Unrep 7,928.65 9,674.44 7,928.65 45.74 8,007.93 46.20 8,088.01 46.66 Facility & Parks Supervisor 7/1/2023 Unrep 8,090.87 9,872.40 8,090.87 46.68 8,171.78 47.14 8,253.50 47.62 Facility Maintenance Worker I 7/1/2023 General 5,427.17 6,622.16 5,427.17 31.31 5,481.41 31.62 5,536.23 31.94 Facility Maintenance Worker II 7/1/2023 General 5,808.57 7,087.56 5,808.57 33.51 5,866.66 33.85 5,925.32 34.18 Human Resources Manager 7/1/2023 Unrep 9,332.21 11,387.08 9,332.21 53.84 9,425.54 54.38 9,519.81 54.92 Maintenance Worker I 7/1/2023 General 5,427.17 6,622.16 5,427.17 31.31 5,481.41 31.62 5,536.23 31.94 Maintenance Worker II 7/1/2023 General 5,808.57 7,087.56 5,808.57 33.51 5,866.66 33.85 5,925.32 34.18 Maintenance Worker III 7/1/2023 General 6,388.75 7,795.50 6,388.75 36.86 6,452.64 37.23 6,517.18 37.60 Management Analyst I 7/1/2023 Unrep 7,928.65 9,674.44 7,928.65 45.74 8,007.93 46.20 8,088.01 46.66 Management Analyst II 7/1/2023 Unrep 8,485.40 10,353.81 8,485.40 48.95 8,570.26 49.44 8,655.94 49.94 Office Assistant 7/1/2023 General 4,098.91 5,001.45 4,098.91 23.65 4,139.90 23.88 4,181.31 24.12 Planning Technician 7/1/2023 General 5,772.31 7,043.32 5,772.31 33.30 5,830.02 33.63 5,888.33 33.97 Public Works Inspector 7/1/2023 General 7,657.92 9,344.10 7,657.92 44.18 7,734.49 44.62 7,811.85 45.07 Public Works Supervisor 7/1/2023 Unrep 8,090.87 9,872.40 8,090.87 46.68 8,171.78 47.14 8,253.50 47.62 Recreation Coordinator 7/1/2023 General 5,740.07 7,003.99 5,740.07 33.12 5,797.48 33.45 5,855.46 33.78 Recreation Manager 7/1/2023 Unrep 9,610.00 11,726.02 9,610.00 55.44 9,706.08 56.00 9,803.14 56.56 Recreation Supervisor I 7/1/2023 General 6,356.53 7,756.18 6,356.53 36.67 6,420.10 37.04 6,484.29 37.41 Recreation Supervisor II 7/1/2023 Unrep 6,992.10 8,531.69 6,992.10 40.34 7,062.02 40.74 7,132.63 41.15 Senior Accountant 7/1/2023 Unrep 9,382.62 11,448.57 9,382.62 54.13 9,476.44 54.67 9,571.20 55.22 Senior Administrative Assistant 7/1/2023 General 5,534.60 6,753.27 5,534.60 31.93 5,589.95 32.25 5,645.84 32.57 Senior Engineer 7/1/2023 Unrep 10,815.69 13,197.19 10,815.69 62.40 10,923.85 63.02 11,033.10 63.65 Senior Management Analyst 7/1/2023 Unrep 9,332.21 11,387.08 9,332.21 53.84 9,425.54 54.38 9,519.81 54.92 Senior Planner 7/1/2023 Unrep 9,488.32 11,577.54 9,488.32 54.74 9,583.19 55.29 9,679.02 55.84 City Manager 11/7/2022 Contract 21,482.93 21,482.93 21,482.93 123.94

Step B Step C Position Title Effective Unit Monthly Position Step A * Eligible to be designated as Assistant City Manager per Article 1.8 of the Unrepresented Employee Manual with a 5% premium pay above the salary for the job classification in which the appointed incumbent is employed.

F.3.b
Packet Pg. 51
Attachment: Consolidated Salary Schedule 7-1-2023 (3141 : Adopt Updated Consolidated Salary Schedule for Regular City Positions) City of Orinda
Consolidated Salary Schedule Update
Effective July 1, 2023 (except City Manager)
Resolution No. 40-23
Prepared June 8, 2023
Accountant
Accounting Technician I
Accounting Technician II
Accounting Technician III
Administrative Assistant I
Administrative Assistant II
Administrative Services Director *
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
City Clerk *
City Engineer
Community Services Officer
Director of Parks & Recreation *
Director of Planning *
Director of Public Works *
Education & Outreach Coordinator
Facility & Parks Supervisor
Facility Maintenance Worker I
Facility Maintenance Worker II
Human Resources Manager
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Management Analyst I
Management Analyst II
Office Assistant
Planning Technician
Public Works Inspector
Public Works Supervisor
Recreation Coordinator
Recreation Manager
Recreation Supervisor I
Recreation Supervisor II
Senior Accountant
Senior Administrative Assistant
Senior Engineer
Senior Management Analyst
Senior Planner
City Manager

Position Title
Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly 7,502.52 43.28 7,577.54 43.72 7,653.32 44.15 7,729.85 44.60 7,807.16 45.04 5,141.88 29.66 5,193.31 29.96 5,245.24 30.26 5,297.70 30.56 5,350.68 30.87 5,500.27 31.73 5,555.28 32.05 5,610.83 32.37 5,666.94 32.69 5,723.61 33.02 6,050.99 34.91 6,111.51 35.26 6,172.63 35.61 6,234.35 35.97 6,296.70 36.33 4,844.39 27.95 4,892.84 28.23 4,941.77 28.51 4,991.18 28.80 5,041.10 29.08 5,183.40 29.90 5,235.24 30.20 5,287.59 30.51 5,340.46 30.81 5,393.87 31.12 15,135.30 87.32 15,286.65 88.19 15,439.52 89.07 15,593.92 89.96 15,749.85 90.86 9,470.16 54.64 9,564.86 55.18 9,660.51 55.73 9,757.13 56.29 9,854.69 56.85 8,306.45 47.92 8,389.52 48.40 8,473.41 48.89 8,558.16 49.37 8,643.73 49.87 10,131.09 58.45 10,232.40 59.03 10,334.72 59.62 10,438.07 60.22 10,542.44 60.82 8,888.99 51.28 8,977.90 51.80 9,067.68 52.31 9,158.34 52.84 9,249.93 53.36 10,282.49 59.32 10,385.33 59.92 10,489.17 60.51 10,594.07 61.12 10,700.00 61.73 11,700.58 67.50 11,817.59 68.18 11,935.76 68.86 12,055.12 69.55 12,175.68 70.24 5,860.55 33.81 5,919.16 34.15 5,978.35 34.49 6,038.14 34.84 6,098.51 35.18 12,030.29 69.41 12,150.59 70.10 12,272.09 70.80 12,394.81 71.51 12,518.75 72.22 13,421.58 77.43 13,555.81 78.21 13,691.35 78.99 13,828.27 79.78 13,966.54 80.58 14,328.86 82.67 14,472.15 83.49 14,616.88 84.33 14,763.05 85.17 14,910.67 86.02 8,168.89 47.13 8,250.56 47.60 8,333.07 48.08 8,416.42 48.56 8,500.59 49.04 8,336.05 48.09 8,419.39 48.57 8,503.58 49.06 8,588.63 49.55 8,674.50 50.05 5,591.61 32.26 5,647.53 32.58 5,703.99 32.91 5,761.03 33.24 5,818.65 33.57 5,984.57 34.53 6,044.41 34.87 6,104.86 35.22 6,165.91 35.57 6,227.57 35.93 9,615.00 55.47 9,711.16 56.03 9,808.26 56.59 9,906.35 57.15 10,005.41 57.72 5,591.61 32.26 5,647.53 32.58 5,703.99 32.91 5,761.03 33.24 5,818.65 33.57 5,984.57 34.53 6,044.41 34.87 6,104.86 35.22 6,165.91 35.57 6,227.57 35.93 6,582.35 37.98 6,648.16 38.35 6,714.65 38.74 6,781.79 39.13 6,849.62 39.52 8,168.89 47.13 8,250.56 47.60 8,333.07 48.08 8,416.42 48.56 8,500.59 49.04 8,742.51 50.44 8,829.95 50.94 8,918.24 51.45 9,007.43 51.97 9,097.48 52.49 4,223.12 24.36 4,265.35 24.61 4,307.99 24.85 4,351.08 25.10 4,394.59 25.35 5,947.23 34.31 6,006.70 34.65 6,066.75 35.00 6,127.42 35.35 6,188.71 35.70 7,889.94 45.52 7,968.85 45.97 8,048.54 46.43 8,129.04 46.90 8,210.32 47.37 8,336.05 48.09 8,419.39 48.57 8,503.58 49.06 8,588.63 49.55 8,674.50 50.05 5,914.02 34.12 5,973.16 34.46 6,032.87 34.81 6,093.21 35.15 6,154.14 35.50 9,901.18 57.12 10,000.19 57.69 10,100.19 58.27 10,201.20 58.85 10,303.22 59.44 6,549.13 37.78 6,614.64 38.16 6,680.77 38.54 6,747.58 38.93 6,815.05 39.32 7,203.97 41.56 7,276.02 41.98 7,348.76 42.40 7,422.25 42.82 7,496.48 43.25 9,666.91 55.77 9,763.58 56.33 9,861.21 56.89 9,959.82 57.46 10,059.43 58.04 5,702.29 32.90 5,759.32 33.23 5,816.91 33.56 5,875.10 33.89 5,933.83 34.23 11,143.41 64.29 11,254.84 64.93 11,367.41 65.58 11,481.08 66.24 11,595.88 66.90 9,615.00 55.47 9,711.16 56.03 9,808.26 56.59 9,906.35 57.15 10,005.41 57.72 9,775.81 56.40 9,873.57 56.96 9,972.32 57.53 10,072.02 58.11 10,172.76 58.69 Step D Step E Step F Step G Step H
* Eligible to be designated as Assistant City Manager per Article 1.8 of the Unrepresented Employee Manual with a 5% premium pay above the salary for the job classification in which the appointed incumbent is employed.

F.3.b
Packet Pg. 52
Attachment: Consolidated Salary Schedule 7-1-2023 (3141 : Adopt Updated Consolidated Salary Schedule for Regular City Positions) City of Orinda
Consolidated Salary Schedule Update
Effective July 1, 2023 (except City Manager)
Resolution No. 40-23
Prepared June 8, 2023
Accountant
Accounting Technician I
Accounting Technician II
Accounting Technician III
Administrative Assistant I
Administrative Assistant II
Administrative Services Director *
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
City Clerk *
City Engineer
Community Services Officer
Director of Parks & Recreation *
Director of Planning *
Director of Public Works *
Education & Outreach Coordinator
Facility & Parks Supervisor
Facility Maintenance Worker I
Facility Maintenance Worker II
Human Resources Manager
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Management Analyst I
Management Analyst II
Office Assistant
Planning Technician
Public Works Inspector
Public Works Supervisor
Recreation Coordinator
Recreation Manager
Recreation Supervisor I
Recreation Supervisor II
Senior Accountant
Senior Administrative Assistant
Senior Engineer
Senior Management Analyst
Senior Planner
City Manager

Position Title
Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly 7,885.23 45.49 7,964.08 45.95 8,043.72 46.41 8,124.12 46.87 8,205.38 47.34 5,404.17 31.18 5,458.22 31.49 5,512.81 31.80 5,567.92 32.12 5,623.60 32.44 5,780.85 33.35 5,838.65 33.68 5,897.05 34.02 5,956.01 34.36 6,015.58 34.71 6,359.66 36.69 6,423.26 37.06 6,487.50 37.43 6,552.37 37.80 6,617.88 38.18 5,091.52 29.37 5,142.44 29.67 5,193.84 29.96 5,245.79 30.26 5,298.24 30.57 5,447.80 31.43 5,502.28 31.74 5,557.31 32.06 5,612.88 32.38 5,669.01 32.71 15,907.35 91.77 16,066.42 92.69 16,227.08 93.62 16,389.35 94.55 16,553.23 95.50 9,953.23 57.42 10,052.75 58.00 10,153.28 58.58 10,254.82 59.16 10,357.38 59.75 8,730.16 50.37 8,817.46 50.87 8,905.64 51.38 8,994.70 51.89 9,084.64 52.41 10,647.86 61.43 10,754.36 62.04 10,861.88 62.66 10,970.51 63.29 11,080.23 63.92 9,342.43 53.90 9,435.87 54.44 9,530.22 54.98 9,625.52 55.53 9,721.77 56.09 10,807.01 62.35 10,915.07 62.97 11,024.23 63.60 11,134.46 64.24 11,245.81 64.88 12,297.43 70.95 12,420.40 71.66 12,544.62 72.37 12,670.06 73.10 12,796.76 73.83 6,159.50 35.54 6,221.10 35.89 6,283.31 36.25 6,346.14 36.61 6,409.60 36.98 12,643.92 72.95 12,770.40 73.68 12,898.08 74.41 13,027.07 75.16 13,157.34 75.91 14,106.22 81.38 14,247.28 82.20 14,389.75 83.02 14,533.66 83.85 14,679.00 84.69 15,059.77 86.88 15,210.38 87.75 15,362.47 88.63 15,516.09 89.52 15,671.28 90.41 8,585.57 49.53 8,671.43 50.03 8,758.14 50.53 8,845.72 51.03 8,934.20 51.54 8,761.26 50.55 8,848.87 51.05 8,937.36 51.56 9,026.72 52.08 9,117.00 52.60 5,876.83 33.90 5,935.61 34.24 5,994.94 34.59 6,054.90 34.93 6,115.44 35.28 6,289.84 36.29 6,352.75 36.65 6,416.27 37.02 6,480.43 37.39 6,545.24 37.76 10,105.45 58.30 10,206.50 58.88 10,308.57 59.47 10,411.66 60.07 10,515.77 60.67 5,876.83 33.90 5,935.61 34.24 5,994.94 34.59 6,054.90 34.93 6,115.44 35.28 6,289.84 36.29 6,352.75 36.65 6,416.27 37.02 6,480.43 37.39 6,545.24 37.76 6,918.10 39.91 6,987.29 40.31 7,057.16 40.71 7,127.73 41.12 7,198.99 41.53 8,585.57 49.53 8,671.43 50.03 8,758.14 50.53 8,845.72 51.03 8,934.20 51.54 9,188.47 53.01 9,280.37 53.54 9,373.15 54.08 9,466.89 54.62 9,561.56 55.16 4,438.54 25.61 4,482.92 25.86 4,527.74 26.12 4,573.03 26.38 4,618.74 26.65 6,250.59 36.06 6,313.08 36.42 6,376.23 36.79 6,439.98 37.15 6,504.38 37.53 8,292.43 47.84 8,375.35 48.32 8,459.09 48.80 8,543.68 49.29 8,629.14 49.78 8,761.26 50.55 8,848.87 51.05 8,937.36 51.56 9,026.72 52.08 9,117.00 52.60 6,215.70 35.86 6,277.86 36.22 6,340.62 36.58 6,404.04 36.95 6,468.07 37.32 10,406.24 60.04 10,510.29 60.64 10,615.39 61.24 10,721.55 61.86 10,828.77 62.47 6,883.21 39.71 6,952.05 40.11 7,021.56 40.51 7,091.79 40.91 7,162.70 41.32 7,571.45 43.68 7,647.15 44.12 7,723.63 44.56 7,800.86 45.00 7,878.86 45.45 10,160.02 58.62 10,261.62 59.20 10,364.24 59.79 10,467.88 60.39 10,572.57 61.00 5,993.18 34.58 6,053.11 34.92 6,113.64 35.27 6,174.78 35.62 6,236.53 35.98 11,711.84 67.57 11,828.96 68.24 11,947.25 68.93 12,066.72 69.62 12,187.40 70.31 10,105.45 58.30 10,206.50 58.88 10,308.57 59.47 10,411.66 60.07 10,515.77 60.67 10,274.46 59.28 10,377.23 59.87 10,481.00 60.47 10,585.81 61.07 10,691.67 61.68 Step I Step J Step K Step L Step M
* Eligible to be designated as Assistant City Manager per Article 1.8 of the Unrepresented Employee Manual with a 5% premium pay above the salary for the job classification in which the appointed incumbent is employed.

F.3.b
Packet Pg. 53
Attachment: Consolidated Salary Schedule 7-1-2023 (3141 : Adopt Updated Consolidated Salary Schedule for Regular City Positions) City of Orinda
Consolidated Salary Schedule Update
Effective July 1, 2023 (except City Manager)
Resolution No. 40-23
Prepared June 8, 2023
Accountant
Accounting Technician I
Accounting Technician II
Accounting Technician III
Administrative Assistant I
Administrative Assistant II
Administrative Services Director *
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
City Clerk *
City Engineer
Community Services Officer
Director of Parks & Recreation *
Director of Planning *
Director of Public Works *
Education & Outreach Coordinator
Facility & Parks Supervisor
Facility Maintenance Worker I
Facility Maintenance Worker II
Human Resources Manager
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Management Analyst I
Management Analyst II
Office Assistant
Planning Technician
Public Works Inspector
Public Works Supervisor
Recreation Coordinator
Recreation Manager
Recreation Supervisor I
Recreation Supervisor II
Senior Accountant
Senior Administrative Assistant
Senior Engineer
Senior Management Analyst
Senior Planner
City Manager

Position Title
Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly 8,287.46 47.81 8,370.33 48.29 8,454.02 48.77 8,538.57 49.26 8,623.95 49.75 5,679.85 32.77 5,736.65 33.10 5,794.01 33.43 5,851.97 33.76 5,910.48 34.10 6,075.71 35.05 6,136.48 35.40 6,197.85 35.76 6,259.82 36.11 6,322.42 36.48 6,684.08 38.56 6,750.92 38.95 6,818.42 39.34 6,886.60 39.73 6,955.47 40.13 5,351.23 30.87 5,404.74 31.18 5,458.78 31.49 5,513.36 31.81 5,568.51 32.13 5,725.70 33.03 5,782.96 33.36 5,840.79 33.70 5,899.19 34.03 5,958.19 34.37 16,718.77 96.45 16,885.96 97.42 17,054.81 98.39 17,225.36 99.38 17,397.62 100.37 10,460.94 60.35 10,565.56 60.96 10,671.22 61.56 10,777.92 62.18 10,885.70 62.80 9,175.48 52.94 9,267.24 53.46 9,359.92 54.00 9,453.51 54.54 9,548.05 55.08 11,191.03 64.56 11,302.94 65.21 11,415.96 65.86 11,530.13 66.52 11,645.42 67.19 9,818.99 56.65 9,917.17 57.21 10,016.34 57.79 10,116.51 58.36 10,217.68 58.95 11,358.28 65.53 11,471.87 66.18 11,586.58 66.85 11,702.44 67.51 11,819.46 68.19 12,924.71 74.57 13,053.98 75.31 13,184.52 76.06 13,316.36 76.83 13,449.52 77.59 6,473.71 37.35 6,538.44 37.72 6,603.81 38.10 6,669.86 38.48 6,736.56 38.86 13,288.91 76.67 13,421.79 77.43 13,556.03 78.21 13,691.58 78.99 13,828.51 79.78 14,825.79 85.53 14,974.03 86.39 15,123.78 87.25 15,275.02 88.13 15,427.78 89.01 15,827.98 91.32 15,986.25 92.23 16,146.10 93.15 16,307.57 94.08 16,470.66 95.02 9,023.53 52.06 9,113.78 52.58 9,204.90 53.11 9,296.94 53.64 9,389.92 54.17 9,208.16 53.12 9,300.25 53.66 9,393.25 54.19 9,487.20 54.73 9,582.05 55.28 6,176.60 35.63 6,238.38 35.99 6,300.77 36.35 6,363.76 36.71 6,427.39 37.08 6,610.69 38.14 6,676.79 38.52 6,743.57 38.91 6,811.00 39.29 6,879.11 39.69 10,620.94 61.27 10,727.14 61.89 10,834.41 62.51 10,942.76 63.13 11,052.19 63.76 6,176.60 35.63 6,238.38 35.99 6,300.77 36.35 6,363.76 36.71 6,427.39 37.08 6,610.69 38.14 6,676.79 38.52 6,743.57 38.91 6,811.00 39.29 6,879.11 39.69 7,270.99 41.95 7,343.70 42.37 7,417.14 42.79 7,491.32 43.22 7,566.23 43.65 9,023.53 52.06 9,113.78 52.58 9,204.90 53.11 9,296.94 53.64 9,389.92 54.17 9,657.18 55.71 9,753.75 56.27 9,851.29 56.83 9,949.80 57.40 10,049.29 57.98 4,664.95 26.91 4,711.60 27.18 4,758.72 27.45 4,806.31 27.73 4,854.37 28.01 6,569.42 37.90 6,635.13 38.28 6,701.46 38.66 6,768.48 39.05 6,836.18 39.44 8,715.43 50.28 8,802.59 50.78 8,890.60 51.29 8,979.51 51.80 9,069.29 52.32 9,208.16 53.12 9,300.25 53.66 9,393.25 54.19 9,487.20 54.73 9,582.05 55.28 6,532.75 37.69 6,598.07 38.07 6,664.06 38.45 6,730.69 38.83 6,798.00 39.22 10,937.06 63.10 11,046.42 63.73 11,156.89 64.37 11,268.46 65.01 11,381.16 65.66 7,234.32 41.74 7,306.67 42.15 7,379.73 42.58 7,453.52 43.00 7,528.05 43.43 7,957.66 45.91 8,037.24 46.37 8,117.62 46.83 8,198.78 47.30 8,280.77 47.77 10,678.29 61.61 10,785.06 62.22 10,892.92 62.84 11,001.86 63.47 11,111.88 64.11 6,298.88 36.34 6,361.89 36.70 6,425.48 37.07 6,489.76 37.44 6,554.65 37.82 12,309.26 71.01 12,432.39 71.73 12,556.68 72.44 12,682.25 73.17 12,809.09 73.90 10,620.94 61.27 10,727.14 61.89 10,834.41 62.51 10,942.76 63.13 11,052.19 63.76 10,798.57 62.30 10,906.55 62.92 11,015.64 63.55 11,125.80 64.19 11,237.05 64.83 Step N Step O Step P Step Q Step R
* Eligible to be designated as Assistant City Manager per Article 1.8 of the Unrepresented Employee Manual with a 5% premium pay above the salary for the job classification in which the appointed incumbent is employed.

F.3.b
Packet Pg. 54
Attachment: Consolidated Salary Schedule 7-1-2023 (3141 : Adopt Updated Consolidated Salary Schedule for Regular City Positions) City of Orinda
Consolidated Salary Schedule Update
Effective July 1, 2023 (except City Manager)
Resolution No. 40-23
Prepared June 8, 2023
Accountant
Accounting Technician I
Accounting Technician II
Accounting Technician III
Administrative Assistant I
Administrative Assistant II
Administrative Services Director *
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
City Clerk *
City Engineer
Community Services Officer
Director of Parks & Recreation *
Director of Planning *
Director of Public Works *
Education & Outreach Coordinator
Facility & Parks Supervisor
Facility Maintenance Worker I
Facility Maintenance Worker II
Human Resources Manager
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Management Analyst I
Management Analyst II
Office Assistant
Planning Technician
Public Works Inspector
Public Works Supervisor
Recreation Coordinator
Recreation Manager
Recreation Supervisor I
Recreation Supervisor II
Senior Accountant
Senior Administrative Assistant
Senior Engineer
Senior Management Analyst
Senior Planner
City Manager

Position Title
Monthly Hourly Monthly Hourly Monthly Hourly
8,710.21 50.25 8,797.30 50.75 8,885.28 51.26
5,969.56 34.44 6,029.26 34.78 6,089.56 35.13
6,385.64 36.84 6,449.51 37.21 6,514.00 37.58
7,025.02 40.53 7,095.29 40.93 7,166.22 41.34
5,624.20 32.45 5,680.43 32.77 5,737.24 33.10
6,017.76 34.72 6,077.94 35.07 6,138.72 35.42
17,571.60 101.37 17,747.32 102.39 17,924.80 103.41
10,994.56 63.43 11,104.51 64.06 11,215.55 64.71
9,643.54 55.64 9,739.97 56.19 9,837.37 56.75
11,761.89 67.86 11,879.49 68.54 11,998.28 69.22
10,319.85 59.54 10,423.06 60.13 10,527.29 60.73
11,937.67 68.87 12,057.03 69.56 12,177.61 70.26
13,584.01 78.37 13,719.85 79.15 13,857.05 79.94
6,803.93 39.25 6,871.96 39.65 6,940.68 40.04
13,966.79 80.58 14,106.44 81.38 14,247.51 82.20
15,582.05 89.90 15,737.88 90.80 15,895.25 91.70
16,635.35 95.97 16,801.72 96.93 16,969.73 97.90
9,483.83 54.71 9,578.66 55.26 9,674.44 55.81
9,677.88 55.83 9,774.66 56.39 9,872.40 56.96
6,491.69 37.45 6,556.60 37.83 6,622.16 38.20
6,947.91 40.08 7,017.39 40.48 7,087.56 40.89
11,162.70 64.40 11,274.33 65.04 11,387.08 65.69
6,491.69 37.45 6,556.60 37.83 6,622.16 38.20
6,947.91 40.08 7,017.39 40.48 7,087.56 40.89
7,641.90 44.09 7,718.32 44.53 7,795.50 44.97
9,483.83 54.71 9,578.66 55.26 9,674.44 55.81
10,149.79 58.56 10,251.29 59.14 10,353.81 59.73
4,902.90 28.29 4,951.94 28.57 5,001.45 28.85
6,904.54 39.83 6,973.56 40.23 7,043.32 40.63
9,159.99 52.85 9,251.59 53.37 9,344.10 53.91
9,677.88 55.83 9,774.66 56.39 9,872.40 56.96
6,865.99 39.61 6,934.65 40.01 7,003.99 40.41
11,494.97 66.32 11,609.90 66.98 11,726.02 67.65
7,603.35 43.87 7,679.38 44.30 7,756.18 44.75
8,363.59 48.25 8,447.21 48.73 8,531.69 49.22
11,222.97 64.75 11,335.21 65.40 11,448.57 66.05
6,620.19 38.19 6,686.39 38.58 6,753.27 38.96
12,937.15 74.64 13,066.53 75.38 13,197.19 76.14
11,162.70 64.40 11,274.33 65.04 11,387.08 65.69
11,349.43 65.48 11,462.91 66.13 11,577.54 66.79
Step S Step T Step U
* Eligible to be designated as Assistant City Manager per Article 1.8 of the Unrepresented Employee Manual with a 5% premium pay above the salary for the job classification in which the appointed incumbent is employed.

F.3.b
Packet Pg. 55
Attachment: Consolidated Salary Schedule 7-1-2023 (3141 : Adopt Updated Consolidated Salary Schedule for Regular City Positions) In the Matter of:

Amending the Consolidated Salary )
Schedule Effective July 1, 2023 for
General Employee and Unrepresented
Positions
)
)
)
Resolution No. 40-23
WHEREAS, on July 5, 2022, the City Council adopted Resolution No. 33-22, which provided for changes in salary and benefits negotiated with Teamsters Local Union No. 856 and applicable to the represented employees; and
WHEREAS, on July 5, 2022, the City Council adopted Resolution No 34-22, which amended the terms and conditions of employment for Unrepresented Employees; and WHEREAS, on July 5, 2022, the City Council adopted Resolution No. 35-22, which amended salaries for General Employees and Unrepresented Employees in accordance with the above actions; and
WHEREAS, in order to efficiently administer the salaries and wages it is beneficial to have a consolidated salary schedule which displays all authorized salaries for regular positions in a single document; and
WHEREAS, included in the Memorandum of Understanding revisions is a salary increase of five percent (4%) applied to the monthly salary of represented positions effective July 1, 2023; and
WHEREAS, the Unrepresented Employees will receive a salary increase of four percent (4%) applied to the monthly salary of unrepresented positions effective July 1, 2023; and
WHEREAS, the revised salaries effective for the Fiscal Year 2023-2024 have been calculated and are included in a Consolidated Salary Schedule attached hereto; and WHEREAS, the Memorandum of Understanding includes one subsequent salary adjustments on July 13, 2024, which will be presented for City Council as part of a Consolidated Salary Schedule prior to the effective date; and WHEREAS, the Fiscal Year 2023-2024 Draft Budget includes sufficient funding to implement the proposed salary adjustments presented in the attached schedule.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby amend the current Consolidated Salary Schedule for General Employee and Unrepresented positions effective July 1, 2023 attached hereto and by reference made a part hereof.

F.3.c
Packet Pg. 56
Attachment: Resolution 40-23 Amending Consolidated Salary Schedule (3141 : Adopt Updated Consolidated Salary Schedule for Regular City Approved and adopted by the City Council of the City of Orinda at a regular meeting on June 20, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
F.3.c
Packet Pg. 57
Attachment: Resolution 40-23 Amending Consolidated Salary Schedule (3141 : Adopt Updated Consolidated Salary Schedule for Regular City City Council
Staff Report
Agenda Item: F.4
Date: June 20, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award Construction Contract for the Red Flag Parking Sign Project #4197 to McGuire-Pacific Constructors
RECOMMENDATION:

Staff recommends that the City Council Award the contract for construction of the Red Flag Parking Sign Project #4197 to McGuire-Pacific Constructors for an amount of $197,596.00; authorize program expenditure up to $227,235 (includes a 15% contingency); and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney BACKGROUND:

Due to the increasing risk of seasonal fires in the Orinda area and the positive results of the No On-Street Stopping or Parking During Red Flag Days parking program along El Toyonal, the City Council directed staff to expand the Red Flag parking restrictions to keep the roadways clear for potential evacuation and fire vehicle access. These restrictions will improve emergency vehicle access and assist resident evacuation during the red flag critical days (about 20-30 days per year) in the Very High Fire Hazard Severity zones in Orinda.

On July 19, 2022, City Council adopted Resolution 36-22 Traffic Order No. 216 expanding the existing Red Flag Parking Restrictions from El Toyonal to the following locations:
• Monte Vista Road from Camino Pablo to Monte Vista Ridge Road • Claremont Ave from Camino Pablo to the second western Holly Lane intersection
• Manzanita Drive from Camino Pablo to Bobolink Road
• The entire length Vista Del Mar
• The eastern portion of Camino Don Miguel from Miner Road to Vista del Mar
• The western leg of Sleepy Hollow Lane from Lombardy Lane to the Normandy Lane and Washington Lane intersection
• Lombardy Lane from Miner Road to Tarry Lane
• Dalewood Drive from Lombardy Lane to Sundown Terrace
• Honey Hill Road from Miner Road to Charles Hill Road
• Charles Hill Road from Honey Hill Road to El Nido Ranch Road • Sundown Terrace from Happy Valley Toad to Silver Oak Terrace F.4
Packet Pg. 58
The Red Flag Parking Project #4197 (Project) will install the “No Parking” during Red Flag Days signage.

The work to be performed generally consists of the installation of informational flip signs notifying residents that the parking restrictions are in effect and No Parking During Red Flag Day signs.

The Red Flag Parking Project #4197 (Project) was advertised for bids in May 2023. Bids for the construction contract were received and opened on Tuesday June 6, 2023.

There were three contractors that provided bids for the sign installation project.

DISCUSSION:

Construction Bids
In accordance with the adopted UPCCA (Uniform Public Construction Cost Accounting) and municipal code section 2.55, the project was advertised for bids on May 9, 2023.

The Engineer’s Estimate for the work was approximately $236,500. On June 6, 2023, three bids were received, with the following results:

Bidder Total Bid
McGuire-Pacific Constructors $197,596.00
Mars Construction $244,000.00
McNabb Construction, Inc. $309,309.00
The apparent low bidder, McGuire-Pacific Constructors, submitted a total bid of $197,596.00. On June 8, 2023 Mars Construction submitted a bid protest; staff has determined it is without merit and has advised bidders in accordance with the project specifications. Staff has determined that McGuire-Pacific Constructors to be the responsive and responsible low bidder.

Project Funding
Staff is recommending that a contingency of 15% be authorized for the subject contract.

If change orders are necessary that require an increase in the contract amount, they could be approved administratively by the City Manager, provided that the cumulative cost of all changes does not exceed $64,000. The total combined base agreement and contingency is $227,235. The contingency will only be expended to the extent that demonstrated contract changes are required.

City Staff recommends that the City Council award the construction contract for the Red Flag Sign Project #4197 to McGuire-Pacific Constructors, for an amount of $197,596.

FISCAL IMPACT:

As noted, the award of the construction contract will not exceed $227,235. including the contingency. There is $275,000 budgeted for the construction costs in Fund #106 AddOn Sales Tax Measure R included as part of the proposed CIP that is on the agenda for the subject City Council meeting. If the proposed CIP is approved then no additional appropriation is necessary for this project.

F.4
Packet Pg. 59
NEXT STEPS:

Upon approval of the award of construction contract, it will be forwarded to the contractor for the signature. Project construction is estimated to begin July 2023.

Respectfully Submitted by:

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

F.4
Packet Pg. 60
City Council
Staff Report
Agenda Item: F.5
Date: June 20, 2023
Department: City Council
AGENDA TITLE: Acceptance of the Library Parcel Tax Independent Review Annual Report For The Period Ending (June 30, 2022)
RECOMMENDATION:

Receive and accept the Report for the period ending June 30, 2022.

BACKGROUND:

The Library Parcel Tax measure approved by Orinda voters on June 5, 2018, provided for an annual review of parcel tax revenue and expenditures by an Independent Library Parcel Tax Review Committee. The Committee reviewed a Draft of the report for the fiscal year ending June 30, 2022, at their meeting conducted on May 31, 2023 and June 13, 2023. Their feedback was incorporated into the report being presented this evening (Attachment A).

DISCUSSION:

The Library Parcel Tax Review Committee consists of eight members. The Friends of the Orinda Library selects three members and all five members of the Finance Advisory Committee serve on this separate Committee. Ms. Linda Landau of the Friends of the Orinda Library serves as the Chair of the Committee.

Attachment 1 is the Annual Report prepared outlining the revenue and expenditures in Fiscal Year 2021-22 for the voter approved Library Parcel Tax. The report includes excerpts from the Annual City Audited Financial Statements and additional detail and discussion of line-item expenses. The report also provides an overview of the General Fund contributions towards the joint operation of the facility, given that utilities and services are provided to the entire facility including the Auditorium and areas not used exclusively for Library Services.

The report is typically presented for City Council acceptance by February each year.

FISCAL IMPACT:

In Fiscal Year 2021-22 the Library Parcel Tax collected was $523,917 and Expenditures for the year totaled $419,788. This allowed a contribution of $106,448 to reserves. The reserves as of June 30, 2022 were $408,571 and they will be used in the future to fund both annual operating costs as well as facility improvements.

ATTACHMENTS:

A. 2022 Library Annual Report Final
F.5
Packet Pg. 61
Respectfully Submitted by:

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

F.5
Packet Pg. 62
2022
Parcel Tax Review Committee
June 13, 2023
Linda Landau, Chair
Fran Strykowski, Vice Chair
Jon Conner, Member
James Keefe, Member
Joan Kiekhaefer, Member
Nancy Ross-Madnick, Member
Wendy Wee, Member

Library Parcel Tax Independent
Review Financial Report
F.5.a
Packet Pg. 63
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
Purpose
On June 5, 2018, the voters in Orinda approved Measure J which authorized an increase of $30 to an existing parcel tax to create a total tax of $69 per residential equivalent parcel. This is a special tax and the passage required two-thirds voter approval. The tax is levied to support the provision of library services and the operation of the facility. The collection of the tax at the higher rate began July 1, 2018. Chapter 3.32 Special Library Services Parcel Tax was added to the Orinda Municipal Code establishing the requirements for administering the funds.

Section 3.32.050 establishes an independent review committee to review the collection and expenditure of the tax revenues. All revenue is to be used for the library purposes identified in the measure. The fiscal year ending June 30, 2019, was the first full year of the increased tax.

Background
On September 4, 2018, the City Council adopted Resolution 62-18 establishing the bylaws for the Library Parcel Tax Review Committee. The Committee is comprised of 8 members (the 5 members of the Finance Advisory Committee and 3 Members selected by the Friends of the Orinda Library).

The Library operates as a partnership between the Friends of the Orinda Library, City of Orinda, and the Contra Costa County Library System. The Orinda Library building is owned by the Friends of the Orinda Library and leased to the City of Orinda under the terms of a 50-year lease which terminates October 6, 2051. The lease does not require the payment of rent by the City, but rather requires the City to perform specific items and maintain conditions to allow for the operation of the library. The lease provides the option for the City to purchase the building for $1.00 in 2051. The land on which the facility was constructed is owned by the City of Orinda.

The Contra Costa County Library system is comprised of 26 libraries countywide staffed and managed by the County. In Fiscal Year 2021-2022, the Orinda Branch was scheduled to operate 56 hours per week. The County funds a base service level of 40 hours per week with the City parcel tax funding the remaining 16 hours. This includes the professional library staff, materials (including books and other media); information technology support services for the circulation and loaning of materials; etc. In May of 2020, the County Library announced that Sunday hours would be eliminated system-wide beginning in the 2020-2021 fiscal year. The additional 16 hours is the maximum extra hours the County will allow the City to purchase and there was no option to operate Sundays.

In addition to funding the additional 16 hours of Library operations the City parcel tax pays for much of the base operating costs, including utilities, janitorial service, and most maintenance activities. With the building surpassing 20 years in age, there is a need to begin addressing major building components.

The partnership and particularly the funding from the Parcel Tax allows the City to make available to the entire community enhanced library services, which are widely used by Orinda residents.
1 F.5.a
Packet Pg. 64
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
Annual Audit
The City obtains an independent annual audit of its financial statements and completes an Annual Comprehensive Financial Report (ACFR). The City Council has selected Maze & Associates as its independent auditors. The complete June 30, 2022 ACFR is available on the City website at https://www.cityoforinda.org/436/Most-Recent-Audited-Financial-Statements.

Excerpts relevant to the Library Parcel Tax are attached to this report.

For the fiscal year ending June 30, 2022, Maze and Associates has issued a “clean” opinion.

This states that based on their independent review and testing, the financial statements are fairly presented in all material respects. The auditors’ opinion covers the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information presented in the ACFR. This is the highest opinion an agency can receive. The auditor’s opinion is included on page one of the ACFR.

Parcel Tax Reporting - Governmental Special Revenue Fund The ACFR is comprised of financial statements and schedules for the various funds used to account for the City’s revenue and expenditures. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Orinda, like other federal, state, and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements.

The Library Parcel Tax Revenue and Expenditures are reported in a separate fund as required by the measure and as described below.

Annual Report Schedules / Excerpts Related to Library Parcel Tax (Attachments A- C) Information related to the Library Parcel Tax Fund (Fund #520) is shown on the attached excerpts from the City’s ACFR.
• Attachment A – Balance Sheet (Page 96 of ACFR)
• Attachment B – Statement of Changes in Fund Balance (Page 102 of ACFR) • Attachment C – Schedule of Budget to Actual (Page 110 of ACFR) The report provided with the Audit illustrates a high-level summary of the activity within the fund. For Fiscal Year 2021-2022 the fund had total revenue of approximately $526,236 and expenditures of $419,788. Additional discussion of the detail is provided later in this report. As noted, the balance remaining in the fund as of June 30, 2022, is $408,571. 2 F.5.a
Packet Pg. 65
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
Detailed Revenue and Expenditure Analysis (Attachment D) The audited ACFR schedules that are produced provide summary financial information. In order to fully understand the uses of the parcel tax revenue, City Finance Staff have prepared a separate schedule that includes line-item detail. It also compares the budget to actual and includes the prior fiscal year data for historical comparison. The format of the report is very similar to reports discussed in the past with the City Council / Friends of the Orinda Library Facility Steering Committee. This schedule is attached as Attachment D.

The following narrative explains key components of the detailed report which relates to revenue and expenses of the Library Parcel Tax Fund:

Revenue – The total taxes collected were $523,917 and the City also allocated $2,319 in interest to the fund. The tax revenue was $759 more than the adopted budget. For budget purposes the City estimated a small addition of units assumed to be completed in the Wilder development. The tax rate does not change as there is no inflation adjustment and the only opportunity for growth is from additional units constructed. The increase in tax revenue over the previous year was less than 0.3% ($1,449).

Library Services Expense – The largest component of the annual expenses was for Contra Costa County Library Services representing the additional 16 hours per week that the Library is open due to the availability of this funding. The cost in Fiscal Year 2021-2022 was $122,697 and this represented 30% of the parcel tax operating expenditures. This is a decrease of $72,705 or 37% under Library Services Expense in the prior fiscal year, which is representative of the decreased services levels as the 20 additional hours available in 2020-2021 were reduced to 16 additional hours in 2021- 2022. This reduction in additional hours was due to limitations in the number of additional hours the County was willing to offer. Orinda opted for the maximum additional hours (16 hours) the County was willing to provide.

Facilities Maintenance – The total of these expenditures was $133,712 which was 32% of the operating expenditures. The largest component was for Building Maintenance which includes regular preventative maintenance for the heating & ventilation system, fire sprinklers, elevator, etc. as well as special repairs. The $35,547 in Building Maintenance costs was for regular preventative maintenance. Repairs costs of $58,332 were significantly higher than the previous year includes storm damage repairs costing $27,087, HVAC repairs of $11,284, $6,034 for exterior lighting panel repairs, and the installation of modernized drinking fountains (water bottler filling stations).

Utilities – The total cost for utilities was $135,578 which accounted for 32% of the total operating expense. Among the higher costs was electric utilities, which accounted for 67% of total Utilities costs and the natural gas accounted for 21%. Telephone, sewer and water charges have been fairly consistent year over year and make up the remaining 12% of costs captured in the Utilities category. 3 F.5.a
Packet Pg. 66
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
Other Services – The total cost represents approximately 3% of the operating expenses. In order to collect the special tax, the City engages a firm to prepare and submit the tax roll and respond to taxpayer inquiries. The cost of this work was $5,674.

The second component is the cost incurred from the County Tax Collector to collect and remit the tax. The cost charged by the County Tax Collector was $6,228.

Earthquake Insurance Expense – The cost of earthquake insurance was $14,385 and accounted for 3.5% of the total operating expenditures. The provision of this coverage is a specific requirement of the lease with the Friends of the Orinda Library. The coverage renews each May 1st. In 2020, the Friends reviewed the lease terms and indicated that at that time they wished to have the coverage continue without an amendment to the lease.

Capital Expense – There were minimal Capital Expenses incurred during Fiscal Year 2021-22 with $1,500 being spent assessing the Accent Tile Replacement project. There are five Projects scheduled to occur in the coming budget cycle as detailed in the table on the next page. These projects have been scheduled for a number of years now, but due to staffing limitations, little progress has occurred.

Shared Cost of Facility Operations
A portion of the Library facility operating costs are paid for by the City General Fund, in order to acknowledge the shared use of the facility. Prior to FY 2017-18 the Library costs shown in the City Financial Statements were only identified in the Library Fund. The City now accounts for General Fund Library expenses as a separate Department in order to more closely track the allocation of costs. This includes shared expenses for utilities, maintenance, and repairs.

In Fiscal Year 2021-22 the following non-parcel tax expenditures were made by the City, which contributed towards the operation of the facility. This General Fund summary expenditure is illustrated on page 90 of the ACFR.

General Fund Maintenance expenses $ 15,155
General Fund Repairs & Improvements 10,216
General Fund Utilities 27,157
General Fund – Property Insurance 2,539
Total Non-Parcel Tax Contributions $ 55,067
Looking Forward
Annually, as part of the Budget process, the City examines the shared costs for the facility. The current Orinda Library was completed and opened to the community on October 7, 2001. The City Council obtained a building assessment report in 2018 which estimated that there will be $2.7 million worth of required maintenance expenses over the next 20 years. The Capital 4 F.5.a
Packet Pg. 67
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
Improvement Plan (CIP) is used to identify and schedule improvements over a multi-year period. The CIP is updated annually and funded projects schedule to occur during the biennial budget period are included in the Budgeted Appropriations authorized by the City Council.

Since the CIP covers a six-year planning period, the future year projections are shown for planning purposes only and are subject to change over time. The table below details the projects which are currently programed in the CIP.

CURRENTLY FUNDED LIBRARY CIP PROJECTS
5 F.5.a
Packet Pg. 68
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
ATTACHMENT A – EXCERPT CITY JUNE 30, 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT BALANCE SHEET (Page 96)
6 F.5.a
Packet Pg. 69
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
ATTACHMENT B – EXCERPT CITY JUNE 30, 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT CHANGES IN FUND BALANCE (Page 102)
7 F.5.a
Packet Pg. 70
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
ATTACHMENT C – EXCERPT CITY JUNE 30, 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT BUDGET TO ACTUAL (Page 110)
8 F.5.a
Packet Pg. 71
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2022
Audited Results
ATTACHMENT D – Detailed Revenue and Expenditure Analysis 9 F.5.a
Packet Pg. 72
Attachment: 2022 Library Annual Report Final (3152 : Library Parcel Tax Independent Review (June 30, 2022)) City Council
Staff Report
Agenda Item: G.1
Date: June 20, 2023
Department: Finance
AGENDA TITLE: Public Hearing for Development Impact Fees and Fees for Services Provided by the Planning, Public Works and Engineering Services, Parks and Recreation, Police and Administrative Services Departments (Master Fee Schedule) RECOMMENDATION:

Staff recommends that the Council hold a public hearing to consider the proposed revised Fee Schedule and approve it by the adoption of Resolution 36-23.

BACKGROUND:

From time to time, at least annually, as circumstances and the costs of providing services and the costs to mitigate development impacts change, fees are adjusted accordingly. A Resolution embodying such changes is attached for the Council's review and consideration.

By State law, the City Council must conduct a noticed public hearing prior to any action to change fees for planning and development activities. The public hearing was duly noticed to be held in conjunction with the regular meeting of the Council on Tuesday, June 20, 2023. Most of the fees included in the schedule were last adjusted June 21, 2022. The exception being the Transportation Impact Fees, which were adopted with a January 1st adjustment date based on an index published in September. The City Council incorporated the 2023 Transportation Impact Fee increase in an updated schedule adopted February 21, 2023.

DISCUSSION:

In order to comply with the Council's policy that charges be set to recover the actual cost of providing certain services, and to ensure that these charges are modified as costs increase or decrease, staff is proposing that development impact fees and fees for services be adjusted as indicated in the Comparison of Current and Proposed Fees (Attachment A).

The comparison shows both the “Current Fee” and the “Proposed Fee”. There is also a column that provides a notation as to how the adjustment was made (e.g., CPI2022/2023; No Change; New Fee, etc.). Consistent with prior years the change in the Consumer Price Index was the increase in the February 2023 CPI compared to the February 2022 CPI (San Francisco/Oakland Bay Area All Urban Consumers = 4.9%).

To prevent from adjusting the fees by more than the actual cost, the amount of the proposed adjustment was rounded down to the nearest dollar. Fees that are based on Staff actual hourly rates are automatically adjusted as a result of changes in hourly rates.

G.1
Packet Pg. 73
The focus of this Staff report will be on “new fees”; and items that were adjusted by something other than the CPI. The key changes are discussed based on each section of the Master Fee Schedule.

Section I Administration
No special changes are proposed to this section of the Master Fee Schedule. All fees were either adjusted by CPI or have no change as they are set by statute.

Section II Planning & Engineering
A. Landscape Plan/MWELO (Model Water Efficiency Landscape Ordinance) Compliance Review Fee – New Fee
Ordinance 23-02 was adopted by the City Council on May 2, 2023 to be consistent with the California Model Water Efficient Landscape Ordinance (MWELO). Two new forms have been created to ensure all applicable projects are in compliance with the adopted MWELO ordinance. The new fee will cover staff time to review the submitted forms and ensure compliance with MWELO. The proposed fees are $75 for ministerial project and $125 for discretionary project.

B. Heavy Equipment Use for Residential Construction on Saturday/Sunday – New Fee
Orinda Municipal Code Section 17.39.9 prohibits the use of heavy construction equipment for residential construction on Saturdays and Sundays. Section 17.39.9 (E) states that the Zoning Administrator may grant an exception from the limitations on the use of heavy construction equipment on Saturdays and Sundays. A new fee of $200 is proposed to cover the staff time to process a heavy construction equipment exception request.

C. Subdivision Parcel Map and Parcel Map Checking Fee – Change from Flat Fee to Deposit Based
The current Subdivision Parcel Map and Parcel Map Checking Fee is $530. A depositbased fee is proposed to reflect the actual costs, which vary depending on project size.

D. Revocable Encroachment Agreement when Associated with a Project subject to Design Review – Increase More than CPI
The current Revocable Encroachment Agreement associated with a Project subject to Design Review is $296 and is proposed to be increased to $1,500. The increase is based on an assessment by the Department of the costs incurred.

E. Watercourse Alteration Additional Inspections (B2): Drainage Work within Waterway – New Fee
The current Additional Inspections for Drainage work within Waterway is grouped with Standard Routine project without a fee clearly indicated and is proposed to be specified at $526.

F. Watercourse Alteration Additional Inspections: Drainage Work Within a Waterway – Nonstandard Projects Including Improvements Discharging to a G.1
Packet Pg. 74
Public Facility for Review and Inspection– Change from Flat Fee to Deposit Based
The current fee for Watercourse Alteration Additional Inspections for Nonstandard Projects is $120. A deposit-based fee is proposed with a required deposit of $5,000 to reflect the actual costs, which vary depending on project size.

Section IIa. – Non-Standard Projects
This section addresses the billing for activities that are not a flat fee and would be collected on a reimbursement basis. No special changes are proposed to this section of the Master Fee Schedule.

Section III. - Appeals
No special changes are proposed to this section of the Master Fee Schedule.

Section IV – Parks & Recreation
The majority of the fees are unchanged or with minor increase compared to 2022. A comparison of Facility Fees is shown in the Schedule with the following additions. • New fees are proposed for Art & Garden Center (AGC) Supplemental Power Source, AGC Cocktail Tables, Sports Program Late Registration Fee, Wilder Park Parking Space Permit Fee, and Media Production in Park Facilities and Open Space.

Section V. – Public Safety
No special changes are proposed to this section of the Master Fee Schedule.

Section VI. Development Impact Fees
G. Park Dedication Fees – Increase based on real property costs The City Municipal Code contains a provision for the adjustment of these fees. The calculation that has been used in the past examines real property sales and adjusts the fee paid based on the type of housing. Specifically, Orinda Municipal Code Section

3.28.080 (B) (2) states that the fee shall be “… adjusted annually by reference to the average increase or decrease in the price of residential real property…” There is no change in the methodology used in prior years.

Based on data for residential sales in calendar 2022 and used for the Fiscal Year 2023- 24 Fee Update, the proposed Fee will increase. The year-to-year change is significant, (Single Family Rate in 2023 Proposed $22,683 compared to $22,040 in Fiscal Year 2022). As discussed, the rate can go up or down depending on the sales data.

Therefore, it is appropriate to consider the changes over a longer period of time. The average annual change over the past five-year period for this fee was 6% per year.

H. Regional Transportation Impact Fee – Increase based on index.

Adjustments and the timing of this fee are based on the Lamorinda Fee and Finance Authority Joint Powers Agreement (JPA), established in 1998. The agreement identifies that fees are to be adjusted each January 1st by the amount of the increase in the G.1
Packet Pg. 75
Engineering News-Record Construction Cost Index for the San Francisco Bay Area, for the period ending September 30 of the preceding year. This fee will be brought back to the City Council prior to January 1, 2024, and the rate adjustment shall be based on the September 2023 Index.

Proposed Resolution
Attachment A is Resolution #36-23 adopting the Proposed Fees. Staff will attach to the adopted Resolution a clean version of Attachment B, without the comparison to the previous year and notes related to adjustments.

Upon adoption of the resolution the general fees are proposed to take effect in 30 days, except for the Business Registration Fee which will be effective for all registrations due after December 31, 2023. In accordance with State law the revision to the Development Impact Fees (Parks & Recreation and Drainage Impact Fees) will take effect in 60 days.

FISCAL IMPACT:

The anticipated increase in revenue as a result of the above changes in fees will be offset by the additional cost of providing the services. The exact impact will also depend on the level of activity for any specific fee.

ATTACHMENTS:

A. Resolution 36-23 Master Fee Schedule for FY 2023-24
B. Proposed FY2024 Master Fee Schedule Showing Changes
Respectfully Submitted by:

Nancy Zhang
Prepared By: Nancy Zhang,
Approved by:

G.1
Packet Pg. 76
Resolution No. 36-23

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

Modifying Development Impact )
Fees and Other Fees for Services )
Rendered by the City for Planning )
And Community Development, ) Resolution 36-23
Public Works and Engineering )
Parks and Recreation, Public Safety )
And Administration )
WHEREAS, a municipality is authorized to establish reasonable fees for services rendered, provided that those fees do not exceed the estimated reasonable cost of providing the service for which the fee is charged (Government Code Sections 66000-66018.5); and
WHEREAS, on June 21, 2022, the City Council of the City of Orinda adopted Resolution No. 28-22 modifying fees for services rendered by the City for administrative, planning, public works, parks and recreation, public safety services and development impact fees; and
WHEREAS, on February 21, 2023, the City Council adopted Resolution 12- 23 establishing an adjustment to the Traffic Impact Fees effective January 1, 2023; and
WHEREAS, it is desirable to have subsequent fees adopted contained in a consolidated Master Fee Schedule; and
WHEREAS, it is necessary for the City to modify the previously adopted fee schedule in order to insure that fees charged are reasonably related to the estimated cost of providing the service; and
WHEREAS, based on the costs the updated Master Fee Schedule also contains new fees and charges for services as presented at the public hearing conducted on June 20, 2023.

NOW, THEREFORE, the City Council of the City of Orinda finds and declares that:

1. Fee Schedule. The fees for administrative, planning, public works, parks and recreation, public safety services, and development impact are those set forth in the City of Orinda schedule attached as Attachment 1 herein.

G.1.a
Packet Pg. 77
Attachment: Resolution 36-23 Master Fee Schedule for FY 2023-24 (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) Resolution No. 36-23

2. Upon Effective Date Prior Fee Schedules Superceded. The fees established by this resolution supersede previously existing City fees authorized by Resolutions No. 28-22 and Resolution 12-23 and other fee authorizations adopted by the City Council.

3. Authority of City Manager to Prescribe Additional Regulations. The City Manager may adopt such regulations, and prescribe such forms as are necessary to implement and collect the fees provided for by this resolution.

4. Effective Date(s). The fees for services are effective July 1, 2023, with the following exceptions: Development impact fees take effect on August 15, 2023; and Business Registration and Business Registration Renewal Fees; which are effective for registrations and renewals due after December 31, 2023.

Adopted by the City Council of the City of Orinda on June 20, 2023, by the following vote:

AYES: COUNCILMEMBERS: Miller, Gee, Iverson, Malkani, Riley NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
______________________
Inga Miller, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
G.1.a
Packet Pg. 78
Attachment: Resolution 36-23 Master Fee Schedule for FY 2023-24 (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges))

CITY OF ORINDA, CALIFORNIA

MASTER FEE SCHEDULE
(Fiscal Year 2023-2024)
Attachment #1
Proposed June 20, 2023 Resolution #36-23

G.1.b
Packet Pg. 79
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 2 | Page 2023 ‐ 2024 City of Orinda Fees
I. ADMINISTRATION Current Fee Proposed Note(s) Adjustment Document Copies
Photocopies
Black & White 8.5" x 11" - First Page Free Free No change Black & White 8.5" x 11" - Each additional page $0.10 Per page $0.10 No change Color, 8.5" x 11" $0.25 Per Page $0.25 No change
Large format copies & plotting $1.80 per sq. ft. $1.80 No change Radius Map and Mailing Label Preparation $193.00 per request $202.00 CPI 2022-2023 Returned Check
First returned check for non-sufficient funds $25.00 Per returned item $25.00 No change by code Second and each additional returned check $35.00 Per returned item $35.00 No change by code Intent to circulate Initiative (Filing Fee) $200.00 per filing notice $200.00 No change by code Notary Services / Proof of Signature $15.00 per signature $15.00 No change by code TRANSIENT OCCUPANCY TAX (3.12 OMC) 8.5% Rent per OMC 8.5% Rent No change would require Voter approval

G.1.b
Packet Pg. 80
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 3 | Page 2023 ‐ 2024 City of Orinda Fees
For City Staff Time only see Section IIa for additional fees that may apply.

II. PLANNING & ENGINEERING Current Fee Proposed Note(s) Adjustment + General Plan Update Fee
Surcharge applied to all Fixed Fee Planning Permits marked by + 10% surcharge + No change For Planning Permits established as billed costs - Fixed General Plan Update Fee @ Initial Application $161 $168.00 CPI 2022-2023 + Permit Technology Fee
Technology Fee applied to permits marked by + 3% surcharge + No change For Permits established as billed costs - Fixed Permit Technology Fee @ Initial Application $47.00 $49.00 CPI 2022-2023
Building Inspection Surcharge 50% of fee charged by Contra Costa County No change
State of California Green Building -Building Permit Surcharge As required by California Health & Safety Code section 18931.6(a) $4 / $100,000 in valuation - Minimum $1.00 No change
Building Permit Plan Check  +
No "hold" on final inspection $350.00 Per Building Permit $367.00 CPI 2022-2023 With "hold" on final inspections (involves site visit by City Staff and/or approval of waste management receipts prior to building final) $400.00 Per Building Permit $419.00 CPI 2022-2023 Modification to prior Plan Check $300.00 Per Re-submittal $314.00 CPI 2022-2023 Re-inspection Fee $135.00 Per Re-inspection $141.00 CPI 2022-2023 Accessory Dwelling Unit (ADU) Plan Check $659.00 $691.00 CPI 2022-2023 Renovation Plan Check determination (whether work qualifies as a renovation) $326.00 For complete demolition
projects $341.00 CPI 2022-2023
Plan-check only additional fee(prior to project receiving discretionary entitlements) $165.00 $173.00 CPI 2022-2023
Public Works Plan Check No change
Scanning Fee - per page for large format plans $2.50 per page $2.50 No change Certificate of Compliance Staff hourly rate charges. A cash deposit of $1,500 is required before work commences No change
Conceptual Development Review (CDR) +
Residential Additions $152.00 per application $159.00 CPI 2022-2023 New Single Family (not located in Wilder) $463.00 per application $485.00 CPI 2022-2023 New Single Family (located in Wilder) $928.00 per application $973.00 CPI 2022-2023 Commercial $1,237.00 per application $1,297.00 CPI 2022-2023 Planning Commission Study Session Add-On (cost of noticing not included) $516.00 Per Study Session $541.00 CPI 2022-2023 Design Review +
Commercial / Non-Residential:

Review by Zoning Administrator (exterior work only) $680.00 Plus $713.00 CPI 2022-2023 $1.70 sq ft exterior surface $1.80 CPI 2022-2023
Review by Planning Commission (exterior work only) $1,362.00 Plus $1,428.00 CPI 2022-2023 $1.70 sq ft exterior surface $1.80 CPI 2022-2023
Subject to maximum fee of $10,914.00 $11,448.00 CPI 2022-2023 Commercial/Office (construction or addition less than 1,000 sq. ft.) $4,774.00 Per Application $5,007.00 CPI 2022-2023 Commercial/Office (construction or addition of 1,000 or more sq. ft.) $4,774.00 $5,007.00 CPI 2022-2023 $49.00 per sq ft in excess of 1,000 $51.00 CPI 2022-2023 Public Works Review $1,989.00 Per Application $2,086.00 CPI 2022-2023 Engineering consultant costs see section
IIa. A deposit is required before work
commences, the amount shall be $5,000
G.1.b
Packet Pg. 81
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 4 | Page 2023 ‐ 2024 City of Orinda Fees
II. PLANNING & ENGINEERING Current Fee Proposed Note(s) Adjustment Design Review +
Residential
Zoning Administrator Review $680.00 Plus $713.00 CPI 2022-2023 $1.70 *sq ft per Chapter 17.6 OMC $1.80 CPI 2022-2023
Zoning Administrator Review (Wilder new single-family home) $5,889.00 Plus $6,177.00 CPI 2022-2023 Planning Commission Review $1,362.00 Plus $1,428.00 CPI 2022-2023 $1.70 *sq ft per Chapter 17.6 OMC $1.80 CPI 2022-2023
Public Works Review $1,989.00 Per Application $2,086.00 CPI 2022-2023 New single-family homes subject to a maximum of $8,681.00 $9,106.00 CPI 2022-2023 Multi-family Staff hourly rate charges. A cash deposit
will be required before work commences No change
*Residential square footage as calculated in OMC Chapter 17.6 Dwelling unit Part of PUD or subdivision submitted for concurrent design review.

Staff hourly rate charges. A cash deposit
will be required before work commences No change
Special Design Review $495.00 per application $519.00 CPI 2022-2023 (Additions and new residences require special design review standards for: very large homes, severely sloped development footprints, and lots within the R overlay zone and small narrow lots)
Development Pre-application Meeting
Hourly Rate Meeting prior to application submittal (No charge for first meeting) $200.00 Per hour $209.00 CPI 2022-2023
Elevated Deck Permit +
Elevated Deck Permit (only) $617.00 $647.00 CPI 2022-2023 Elevated Deck Permit (combined with another discretionary application) $426.00 $446.00 CPI 2022-2023 Environmental Review +
Environmental Impact Report City contracted cost plus 30% No change Initial Study / Standard or Mitigated Negative Declaration City contracted cost plus 30% and / or Staff
hourly rate charges. A cash deposit will be
required before work commences.

No change
Department of Fish & Wildlife As required by law. No change Exception/Variance +
Exceptions / Variances (only) Staff hourly rate charges. A cash deposit of $1,500 is required before work commences No change
Exceptions/Variances (combined with another discretionary application) $866.00 $908.00 CPI 2022-2023 General Plan
Text Amendment; Map Amendment; and/or Code Amendment Staff hourly rate charges. A cash deposit is required before work commences No change
Landscape Plan/MWELO (Model Water Efficiency Landscape Ordinance) Compliance Review Fee + Ministerial Project $75.00 New Fee
Discretionary Project $125.00 New Fee
Lot Line Adjustment +
Administrative Approval
Actual cost - invoiced amount from
survey/engineering consultant. A cash
deposit of $5,000 is required before work
commences
No change
Major Subdivision +
Tentative Map / Vesting Tentative Map / Time Extension Staff hourly rate charges. A cash deposit is required before work commences No change
G.1.b
Packet Pg. 82
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 5 | Page 2023 ‐ 2024 City of Orinda Fees
II. PLANNING & ENGINEERING Current Fee Proposed Note(s) Adjustment Minor Subdivision +
Tentative Map / Vesting Tentative Map / Time Extension Staff hourly rate charges. A cash deposit is required before work commences No change
Planned Development + (Unit All Categories Below): Staff hourly rate charges. A cash deposit is required before work commences No change
PRELIMINARY PLAN:

Residential - Preliminary Development Plan / Final Development Plan (FDP) "
Non-Residential - Commercial and Office "
FINAL PLAN:

Residential - Final Development Plan (When separate from Preliminary Plan) "
Non-Residential - Commercial and Office "
TIME EXTENSION "
REZONING TO COMMERCIAL / OFFICE +
Zoning Ordinance Text Revision Staff hourly rate charges. A cash deposit is required before work commences No change
Zoning Ordinance Map Revision : Residential; Commercial; Office Staff hourly rate charges. A cash deposit is required before work commences No change
Senate Bill 9 (SB 9) +
SB 9 Unit Application (One SB 9 Unit) $5,000.00 $5,245.00 CPI 2022-2023 SB 9 Unit Application (Two SB 9 Units) $6,500.00 $6,818.00 CPI 2022-2023 SB 9 Lot Split Application
Sign Permit +
Type I - First sign $135.00 $141.00 CPI 2022-2023
Type I - Each Additional Sign $40.00 $41.00 CPI 2022-2023 Type II- First Sign $1,610.00 $1,688.00 CPI 2022-2023
Type II - Each additional sign $84.00 $88.00 CPI 2022-2023 BART Banner $73.00 $76.00 CPI 2022-2023
Temporary Event Permit +
One-Time Event or Initial Approval $495.00 $519.00 CPI 2022-2023 Annual Events after the first year $271.00 $284.00 CPI 2022-2023 Tree Removal Permit +
First Tree (including Heritage Tree) $176.00 $184.00 CPI 2022-2023 Each Additional Tree (Including Heritage Tree) $56.00 $58.00 CPI 2022-2023 Replacement with tree removal permit, as per OMC 17.21.5.F.2 $125.00 per tree $125.00 $125 flat fee per OMC Restitution for trees removed in violation of OMC 17.21 $1,047.00 per tree $1,098.00 CPI 2022-2023 Use Permit +
Large (greater than 6) Residential Care, Child Care Facilities & Pre-Schools $2,602.00 Per Application $2,729.00 CPI 2022-2023 Commercial Use Permit $680.00 Plus $713.00 CPI 2022-2023 Establishment of Commercial, Retail or Office Use in DC Zoning District when the new business requires use permit approval (such as service stations and “Class “B” retail businesses in “Type “1”spaces)
$1.30 per square foot
$1.30 CPI 2022-2023
Subject to maximum fee of $9,673.00 Per application $10,147.00 CPI 2022-2023 Modification or expansion of existing business, when the requested change requires use permit approval (such as addition of outdoor seating) $866.00 Per permit $908.00 CPI 2022-2023 Temporary Use $773.00 Per Permit $810.00 CPI 2022-2023
Other Use Permits $1,787.00 Per Permit $1,874.00 CPI 2022-2023 Staff hourly rate charges. A cash deposit of
$15,000 is required before work
commences
G.1.b
Packet Pg. 83
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 6 | Page 2023 ‐ 2024 City of Orinda Fees
II. PLANNING & ENGINEERING Current Fee Proposed Note(s) Adjustment Wireless Communication Facility Permit +
Wireless Communication Facility Permit $6,323.00 Per Permit Plus $6,632.00 CPI 2022-2023 Plus cost of contracted peer review Actual cost Peer Review Annual RF Report Review $382.00 Per Review $400.00 CPI 2022-2023 (waived in years Compliance Review is required per OMC Section

17.34.9.A (1) or (2)
Permit Compliance $1,921.00 Per Report $2,015.00 CPI 2022-2023 (Review per OMC Section 17.34.9.A (1) or (2))
Small Cell Wireless Facilities
Small Cell Wireless Facility Permit No change
Zoning Administrator
Request for public hearing, includes costs of noticing $229.00 Per hearing $240.00 CPI 2022-2023 Other Permits & Services +
Heritage Tree Nomination $928.00 $973.00 CPI 2022-2023
Hillside grading (Review under OMC section 17.7.7) $866.00 $908.00 CPI 2022-2023 1st Time Extension (Planning Director) $300.00 per extention $314.00 CPI 2022-2023 Subsequent Extension (Planning Commission) $750.00 $786.00 CPI 2022-2023 Outdoor Dining or Take-Out Restaurant Permit $594.00 $623.00 CPI 2022-2023 Relocation Permit (relocation of non-conforming office uses in DC zone $1,921.00 $2,015.00 CPI 2022-2023 Neighborhood Analysis "Vicinity" Map and Data Table $866.00 $908.00 CPI 2022-2023 Preliminary Housing Development Application (SB 330) $542.00 Per Application $568.00 CPI 2022-2023 Additional Hourly Rate after 39 hours of staff time (any discretionary application) $120.00 $125.00 CPI 2022-2023
Heavy Equipment Use for Residential Construction on Saturday/Sunday $200.00 New Fee Reasonable Accommodation Request (OMC Section 17.46) Free New Fee Subdivision Agreement +
Original Deposit required (See §IIa) No change
Each Extension - IF Granted $1,331.00 $1,396.00 CPI 2022-2023 Subdivision Fees +
Parcel Map and Parcel Map Checking Fee $530.00 Deposit required Changed from Flat Fee to Deposit-Based
Final Map Checking Fee See section IIa (Non-Standard Projects) No change Final Map Recordation of Map Actual cost fee Contra Costa County Final Map Base Mapping Maintenance Actual cost fee Contra Costa County Improvement Plan Checking
Staff or consultant hourly rate charges. A
cash deposit is required before work
commences
No change
The cash deposit will be based on 2.5% of the City Engineer’s estimate of the value of street, drainage & other public or private improvements proposed to be installed.

Inspection of Improvements
Staff or consultant hourly rate charges. A
cash deposit is required before work
commences
No change
The cash deposit will be based on 8% of the first $30,000 of City Engineer’s estimate of the value, or any fraction thereof, +5% of that value which exceeds $30,000.

Staff hourly rate charges. A cash deposit is
required before work commences
G.1.b
Packet Pg. 84
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 7 | Page 2023 ‐ 2024 City of Orinda Fees
II. PLANNING & ENGINEERING Current Fee Proposed Note(s) Adjustment

ENCROACHMENT PERMITS
Standard routine Projects (Driveways, utility hook-ups, sidewalk repairs, main break / repair, raise man hole to grade, etc.) $451.00 Per Application $473.00 CPI 2022-2023 Non-Routine Projects - Processing Fee (2 hrs minimum inspection time per visit; construction or replacement of utility line/conduits; series of pole replacement, installation of frontage improvements, etc.) $229.00
Plus costs per section IIa (NonStandard Projects) if scope exceeds base permit
$240.00 CPI 2022-2023
Debris Box (up to 7 days) $90.00 Initial week (7 days) $94.00 CPI 2022-2023 Debris Box after 7 days per day fee up to a maximum of 30 days $297.00 Per Day $311.00 CPI 2022-2023 Road Closure / Block Party $297.00 $311.00 CPI 2022-2023 Cash Bond
Transportation of Oversized and/or Overweight Loads
House Moving Permit
Revocable Encroachment Agreement when not associated with a project subject to Design Review $1,787.00 $1,874.00 CPI 2022-2023 Revocable Encroachment Agreement when associated with a project subject to Design Review $296.00 $1,500.00 Increased above CPI to cover actual staff time Watercourse Alteration Permit
A. Watercourse Setback Determination Fee $526.00 $551.00 CPI 2022-2023 B. Drainage Work Within A Waterway:

B1. Standard routine projects (drainage around residence on private property; repair of existing drainage) Covers processing fee and up to 3 inspections
$415.00 $435.00 CPI 2022-2023
B2. Additional Inspections - Drainage work within Waterway $526.00 New Fee C. Drainage Work Within A Waterway: Nonstandard projects including improvements discharging to a public facility for review and inspection Changed from flat fee to
deposit-based
D. Cash Bond, if required for repairs/improvements As determined by the City Engineer No change

STORMWATER TREATMENT AND FLOW CONTROL FACILITY CERTIFICATION FEE Annual Certification Fee Developments with 4 or less stormwater facilities $342.00 Annual $358.00 CPI 2022-2023
Annual Certification Fee Developments with 5 or more stormwater facilities $412.00 $432.00 CPI 2022-2023

BUSINESS PERMIT FEES
Business Registration**
Initial Annual Business Registration - Effective Renewal Dates beginning 2023 $55.00 Initial License $57.00 CPI 2022-2023
Annual Renewal Business Registration $38.00 Per Renewal $39.00 CPI 2022-2023 Initial Late Penalty (1st of month following due date) $26.00 1st of month following due date $27.00 CPI 2022-2023 Late Penalty (if unpaid on 1st of month following initial Penalty) $54.00 Two months delinquent $56.00 CPI 2022-2023 Compliance Inspection Fee $112.00 Per Inspection $117.00 CPI 2022-2023 State Surcharge - Disability Access Fee $4.00 Per Application or Renewal $4.00 Set By State Law Short-Term Rental Registration
Initial Registration $270.00 $283.00 CPI 2022-2023
Annual Renewal Short-Term Rental Registration $161.00 $168.00 CPI 2022-2023 Residential Parking Permits
Annual Permit $90.00 $94.00 CPI 2022-2023
Employee Parking Permits
Semi Annual Permit July 1st - December 31st $90.00 $94.00 CPI 2022-2023 Semi Annual Permit January 1st - June 30th $90.00 $94.00 CPI 2022-2023 Commuter Parking Permits
Semi Annual Permit: January 1st – June 30th $324.00 $339.00 CPI 2022-2023 Semi Annual Permit: July 1st – December 31st $324.00 $339.00 CPI 2022-2023 A cash deposit of $5,000 is required for
consultant or staff hourly rate charges.

G.1.b
Packet Pg. 85
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 8 | Page 2023 ‐ 2024 City of Orinda Fees
IIa. NON-STANDARD PROJECTS
Fees listed in the preceding sections of this Schedule are intended to cover City staff time for standard processing. For any work not included in the schedule, including but not limited to: street closures, abandonments; Quit Claims; legal costs including defense of an application undertaken in accordance with an indemnification agreement between the City and the Applicant, the fee(s) will be charged equivalent to the hourly cost of the employee(s) involved, plus the City cost of materials, equipment, contracted professional services including legal services and City overhead as described below.

Additional fees and deposits may be required for the following:

SPECIAL/COMPLEX PROJECTS
For special projects requiring extensive staff work due to duration, complexity, required preparation of non-standard forms and agreements, etc., the City reserves the right to charge for materials and labor, plus overhead in addition to, or in lieu of the fees cited in this schedule.

The City Manager is authorized to establish guidelines for when a deposit may be required for such projects. This may include executing reimbursement and indemnification agreements.

When the balance in the deposit account submitted by an applicant is 50% or less of the original deposit, an additional deposit may be required to continue processing. Upon completion of the project, and payment by the City for all services provided under this provision, any unused portion will be refunded to the applicant.

CONSULTANT FEES
For Consultant Services contracted by the City of Orinda, such as soils peer review, environmental consultant, etc.; the fees (which may be deducted from the deposit account, or paid directly) shall include:

Consultant's cost paid by the City
Plus 30% of the first $10,000 of the contract; and
10% of the contract amounts in excess of $10,000.

CITY ATTORNEY FEES
If the assistance of the City Attorney is required in connection with any non-standard project services,
Fees collected from the Applicant shall include:

The City’s contract City Attorney costs
Plus a 17.5% overhead fee.

CONTRACT SERVICES
Services may include, but are not limited to, photocopying, delivery, etc.

For Contract Services entered by the City of Orinda, the fees (which may be deducted from the deposit account, or paid directly) shall include:

Contractor’s costs paid by the City
Plus a surcharge of 17.5% as an overhead fee.

G.1.b
Packet Pg. 86
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 9 | Page 2023 ‐ 2024 City of Orinda Fees
III. APPEALS Current Fee Proposed Note(s) Adjustment
All appeals or reconsiderations -
Appeal reconsideration costs are based on 25% of the original application fee subject to the Minimum / Maximum, plus the estimated cost of preparing detailed meeting minutes for decision(s) being appealed.

Minimum $661.00 $693.00 CPI 2022-2023
Maximum $1,858.00 $1,949.00 CPI 2022-2023

G.1.b
Packet Pg. 87
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 10 | Page 2023 ‐ 2024 City of Orinda Fees
IV. Parks & Recreation *
Hourly Rates Facility Use - RESIDENT & NON RESIDENT
INDOOR

FACILITIES
Orinda Community Center Current Proposed Current Proposed Current Proposed Current Proposed Meeting Room $ 49.00 $ 49.00 $ 54.00 $ 54.00 $ 60.00 $ 60.00 $ 74.00 $ 74.00 Founders Auditorium $ 88.00 $ 88.00 $ 95.00 $ 96.00 $ 122.00 $ 122.00 $ 133.00 $ 133.00 Kitchen $ 42.00 $ 42.00 $ 51.00 $ 51.00 $ 59.00 $ 59.00 $ 74.00 $ 74.00 Library
Auditorium $ 102.00 $ 102.00 $ 109.00 $ 109.00 $ 122.00 $ 122.00 $ 148.00 $ 148.00 Garden Room $ 64.00 $ 64.00 $ 67.00 $ 67.00 $ 73.00 $ 73.00 $ 91.00 $ 91.00 May or Gallery Rooms $ 36.00 $ 36.00 $ 37.00 $ 37.00 $ 40.00 $ 40.00 $ 49.00 $ 49.00 Wilder Park
Ranch House $ 67.00 $ 67.00 $ 72.00 $ 72.00 $ 78.00 $ 78.00 $ 94.00 $ 94.00 Art & Garden Studio $ 67.00 $ 67.00 $ 72.00 $ 72.00 $ 78.00 $ 78.00 $ 94.00 $ 94.00 Art & Garden Center 1-3 $ 185.00 $ 185.00 $ 193.00 $ 193.00 $ 214.00 $ 214.00 $ 256.00 $ 256.00 City Hall
Sarge Room $ 36.00 $ 36.00 $ 37.00 $ 37.00 $ 40.00 $ 40.00 $ 49.00 $ 49.00

OUTDOOR

FACILITIES
Library Current Proposed Current Proposed Current Proposed Current Proposed Library Plaza $ 56.00 $ 56.00 $ 62.00 $ 62.00 $ 64.00 $ 64.00 $ 81.00 $ 81.00 Orinda Community Park
Amphitheater $ 40.00 $ 40.00 $ 41.00 $ 41.00 $ 46.00 $ 46.00 $ 55.00 $ 55.00 Gazebo (up to 3 hrs) $ 57.00 $ 57.00 $ 64.00 $ 64.00 $ 69.00 $ 69.00 $ 85.00 $ 85.00 Meadow $ 25.00 $ 25.00 $ 28.00 $ 28.00 $ 52.00 $ 52.00 $ 94.00 $ 94.00 Tennis Courts $ 8.00 $ 8.00 $ 10.00 $ 10.00 $ 12.00 $ 12.00 $ 16.00 $ 16.00 Community Center Plaza OR Parking Lot $ 56.00 $ 56.00 $ 62.00 $ 62.00 $ 64.00 $ 64.00 $ 81.00 $ 81.00 Orinda Oaks Park (up to 3 hours) - Price per Use
Picnic Area $ 57.00 $ 57.00 $ 64.00 $ 64.00 $ 69.00 $ 69.00 $ 85.00 $ 85.00 Wilder Park (up to 3 hours) - Price per Use
Picnic Area up to 20 $ 36.00 $ 36.00 $ 37.00 $ 37.00 $ 40.00 $ 40.00 $ 50.00 $ 50.00 Picnic Area up to 50 $ 57.00 $ 57.00 $ 62.00 $ 62.00 $ 68.00 $ 68.00 $ 85.00 $ 85.00 Picnic Area 51–100 $ 91.00 $ 91.00 $ 95.00 $ 95.00 $ 108.00 $ 108.00 $ 133.00 $ 133.00 Art & Garden Center Plaza $ 56.00 $ 56.00 $ 62.00 $ 62.00 $ 64.00 $ 64.00 $ 81.00 $ 81.00 SPORTS

FACILITIES
Orinda Sports Field / Pine Grove Current Proposed Current Proposed Current Proposed Current Proposed Natural Turf Field $ 27.00 $ 27.00 $ 33.00 $ 33.00 $ 66.00 $ 66.00 $ 94.00 $ 94.00 Infield Use (OSF) $ 13.00 $ 13.00 $ 17.00 $ 17.00 $ 33.00 $ 33.00 $ 47.00 $ 47.00 Wilder Park
Natural Turf Field $ 27.00 $ 27.00 $ 33.00 $ 33.00 $ 66.00 $ 66.00 $ 95.00 $ 95.00 Artificial Turf Field $ 54.00 $ 54.00 $ 66.00 $ 66.00 $ 130.00 $ 130.00 $ 188.00 $ 188.00 Field Lights $ 25.00 $ 25.00 $ 29.00 $ 29.00 $ 32.00 $ 32.00 $ 37.00 $ 37.00 Wagner Ranch Gymnasium
Gymnasium $ 68.00 $ 68.00 $ 80.00 $ 80.00 $ 157.00 $ 157.00 $ 190.00 $ 190.00 Pine Grove Field
Soccer Field $ 27.00 $ 27.00 $ 33.00 $ 33.00 $ 66.00 $ 66.00 $ 94.00 $ 94.00 Baseball Field $ 13.00 $ 13.00 $ 17.00 $ 17.00 $ 33.00 $ 33.00 $ 47.00 $ 47.00 Orinda Union School District
Del Rey Mustang $ 19.00 $ 20.00 $ 20.00 $ 21.00 $ 34.00 $ 35.00 $ 56.00 $ 60.00 Del Rey Pinto $ 19.00 $ 20.00 $ 20.00 $ 21.00 $ 34.00 $ 35.00 $ 56.00 $ 60.00 Del Rey Keith Burnham $ 22.00 $ 23.00 $ 23.00 $ 24.00 $ 38.00 $ 40.00 $ 61.00 $ 65.00 Glorietta Field $ 19.00 $ 20.00 $ 20.00 $ 21.00 $ 34.00 $ 35.00 $ 56.00 $ 60.00 Orinda Inter. Lower $ 25.00 $ 27.00 $ 28.00 $ 30.00 $ 45.00 $ 50.00 $ 82.00 $ 85.00 Orinda Inter. Upper $ 19.00 $ 20.00 $ 20.00 $ 21.00 $ 34.00 $ 35.00 $ 56.00 $ 60.00 Sleepy Hollow Field $ 19.00 $ 20.00 $ 20.00 $ 21.00 $ 34.00 $ 35.00 $ 56.00 $ 60.00 Wagner Bronco $ 19.00 $ 20.00 $ 20.00 $ 21.00 $ 34.00 $ 35.00 $ 56.00 $ 60.00 Wagner Curtis $ 19.00 $ 20.00 $ 20.00 $ 21.00 $ 34.00 $ 35.00 $ 56.00 $ 60.00 Group V
Commercial
Group II
Resident 50% or >
Group III
<50% Resident
Group IV
Private
Group V
Commercial
Group III
Nonprofit
Group IV
Private
Group V
Commercial
Group II

OUSD/MHS
Group II

OUSD/MHS
Group III
Nonprofit
Group IV
Private

G.1.b
Packet Pg. 88
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 11 | Page 2023 ‐ 2024 City of Orinda Fees
IV. Parks & Recreation * (Continued)
OTHER FEES Notes
A) Security Deposits (Refundable) Current Proposed
Meeting Rooms, Art & Garden Center Studio (one studio) $ $150/rental 150.00 No change Founders, Library Auditorium, Sports Field, Art & Garden Center- all studios $ $300/rental 300.00 No change Gymnasium 200.00 $ $200/rental No change
Picnic 50+ 100.00 $ $100/rental No change
B) Facility Equipment Rental & Program-related Fees
Art & Garden Center Supplemental Power Sourse $100/day New Fee Cocktail Tables (AGC) $10/table/day New Fee
Late Registration Fee (sports programs) $25 New Fee
Parking Space Rental Fee (Wilder Park) $10/space/day New Fee Media Production in Park Facilities and Open Space $200/hour, $2000/day New Fee Easel $ $10/day 10.00 No change
Facility Attendant 45.00 $ $45/hour No change
Lapel Microphone 60.00 $ $60/day No change
LCD Projector (Portable; for classrooms) 60.00 $ $60/day No change LED Projector (Built-in; Founders and Library Auditorium) $ 85.00 $85/day No change Microphone (Wired) 35.00 $ $35/day No change
Microphone (Wireless) $ 70.00 $70/day No change
Bluetooth Speaker $ 60.00 $60/day No change
TV Monitor (DVD player included if needed) 50.00 $ $50/day No change Portable Sound System (includes microphone) 100.00 $ $100/day No change Sound System/Sound Booth (Founders and Library Auditorium) 125.00 $ $125/day No change Tennis Court Light Cards - 3 months 60.00 $ $60/3 months or $120/ 6 months No change Rental Change Fee/Re-Booking Fee $ $25 25.00 No change
C) Sports Field Rental Fees
Tournament Fee (in addition to field use fee) $ 172.00 $175/day CPI 2022-23 (Adjusted Down)
Wilder Scoreboard Use Fee $ 51.00 $51/day No change
Wilder Storage Container Use Fee (Container not provided) $ 51.00 $51/season No change D) Miscellaneous Parks & Recreation Fees
Fitness Class Permit 210.00 $ $210/6 mos. No change
Non-Resident Fee 15% 15% No change
E) Facility Preservation Fees
Per Player Fee for Sports League (Maintenance and Capital Replacement Fund) $ 12.00 $12/player/schedluing session (6 months) No change Facility Preservation (Maintenance and Capital Replacement of non-sports facilities) 3% 3% charge added to each non-sports league transaction No change

RESIDENT FEES
* The Director of Parks and Recreation or his/her designee will set specific fees. The City's goal is to charge user fees that are comparable with neighboring agencies, fair and reasonable for the facility or service provided, and that offset operating costs as much as possible. The Director is authorized to establish discounted fees or promotional packages as incentives where applicable.

G.1.b
Packet Pg. 89
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 12 | Page 2023 ‐ 2024 City of Orinda Fees
V. PUBLIC SAFETY SERVICES Current Fee Proposed Note(s) Adjustment

FINGERPRINTING
Ink Card - Taking of Prints Only Fee is per card $42.00 $44.00 CPI 2022-2023 Live Scan - City service fee $45.00 $47.00 CPI 2022-2023 Department of Justice Reporting* $32.00 * $33.00 CPI 2022-2023 Child Abuse Central Index Reporting* $25.00 * $26.00 CPI 2022-2023 Federal Bureau of Investigation Reporting* $25.00 * $26.00 CPI 2022-2023 CITATION PROOF OF CORRECTION - SIGN-OFF No Charge (Courtesy) No Charge (Courtesy) (California Vehicle Code Section 40610)
COPY OF TRAFFIC COLLISION REPORT** $11.00 **
COPY OF PHOTOGRAPHS**
Processing Handling Fee** $72.00 **
Per Photo Reproduced** $2.00 **
POLICE CLEARANCE LETTER (Background Check)** $49.00 **
VEHICLE RELEASE (Stored / Impounded Vehicle) $165.00 $173.00 CPI 2022-2023 FALSE ALARM RESPONSE FEE (8.12.070 OMC)
For each false alarm in excess of two during any 90 day period. $334.00 $350.00 CPI 2022-2023

REDEMPTION OF SIGNS RECOVERED FROM RIGHT OF WAY
Storage and redenption fee for advertising signs removed from the public right-of-way by the City $56.00 $58.00 CPI 2022-2023

VEHICLE ABATEMENT
For every incident where the City abates avehicles or
vehicle parts determined to be a public nuisance. $243.00 $254.00 CPI 2022-2023

MASSAGE BUSINESS APPLICATION FEES
Application Fees
New Application for operating a massage parlor $270.00 $283.00 CPI 2022-2023 Renewal - Application for operating a massage parlor $135.00 $141.00 CPI 2022-2023 New Application for acting as a masseur $152.00 $159.00 CPI 2022-2023 Renewal of application for acting as a masseur $82.00 $86.00 CPI 2022-2023 Permit Fees
Annual permit for operating a massage parlor $56.00 $58.00 CPI 2022-2023 Annual permit for acting as a masseur $56.00 $58.00 CPI 2022-2023 TOBACCO RETAILERS LICENSE (9.28.080 OMC) $342.00 $358.00 CPI 2022-2023 SOLICITOR REGISTRATION $138.00 $144.00 CPI 2022-2023
** As established by Contra Costa County Office of Sheriff - Records Division * In addition to the Orinda Service Fee, the City collects external fees "Live Scan" fees established by reporting agencies and are subject to change

G.1.b
Packet Pg. 90
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City of Orinda Master Fee Schedule Resolution #36-23
Proposed 6/20/2023 Effective: 7/1/2023 (Unless Noted Otherwise) 13 | Page 2023 ‐ 2024 City of Orinda Fees
*Transportation Impact Fee Amended 2/17/2023 - Effective 1/1/2023 VI. DEVELOPMENT IMPACT FEES Current Fee Proposed Note(s) Adjustment PARK DEDICATION FEE - (Effective August 15, 2023) Adjustment formula 3.28.070 and

3.28.080 OMC
Single-family detached $22,040.00 $22,683 Based on OMC formula Single-family attached or townhouse $14,975.00 $15,412 Based on OMC formula Multiple-family duplex, condominium $15,380.00 Per Unit $15,829 Based on OMC formula *TRANSPORTATION IMPACT FEE (As amended
effective 1/1/2023 - Resolution #12-23 to incorporate
the change in the September 2022 Construction Cost
Index)
Adjustments and timing for
Regional fee is based on
direction from Lamorinda Fee
and Finance Authority.
*Per JPA uses September 2017 Change
in construction costs. JPA identifies
desired adjustment date January 1st.
*Single Family
Regional Fee $4,912.73 $4,912.73 See Above*
Local Fee $4,912.73 $4,912.73 See Above*
*Multi-family or second unit
Regional Fee $3,438.71 $3,438.71 See Above*
Local Fee $3,438.71 $3,438.71 See Above*
*Multiple Family - Transit Orineted Development
Regional Fee $1,822.75 $1,822.75 See Above*
Local Fee $1,822.75 $1,822.75 See Above*
*Non-Residential
Regional Fee $5.25 Per Square Ft $5.25 See Above*
Local Fee $5.25 Per Square Ft $5.25 See Above*
*Other Uses
Regional Fee $540.68 Per Daily Trip $540.68 See Above*
Local Fee $540.68 Per Daily Trip $540.68 See Above*
DRAINAGE IMPACT FEE (Effective August 15, 2022)
Impervious surface added by new development $1.60 per square foot ** $1.60 No change ** Fee applied to square feet in excess of 100sf
VII. ZONING IN-LIEU FEE

PARKING IN-LIEU VARIANCE FEE
Existing Building - 1st Space $1,381.00 $1,381.00 No change Existing Building - 2nd Space $2,763.00 $2,763.00 No change Existing Building - 3rd Space $4,146.00 $4,146.00 No change Existing Building - Each Additional Space after 3 $5,528.00 $5,528.00 No change New Building - 1st Space $2,210.00 $2,210.00 No change
New Building - 2nd Space $4,975.00 $4,975.00 No change
New Building - 3rd Space $7,740.00 $7,740.00 No change
New Building - Each Additional Space after 3 $10,505.00 $10,505.00 No change G.1.b
Packet Pg. 91
Attachment: Proposed FY2024 Master Fee Schedule Showing Changes (3136 : Master Fee Schedule FY 2024 (City-wide Fees & Charges)) City Council
Staff Report
Agenda Item: H.1
Date: June 20, 2023
Department: City Council
AGENDA TITLE: Adoption of Biennial Budget For Fiscal Years 2023-24 and 2024-2025 and Capital Improvement Plan (CIP) Update for Fiscal Years 2022-23-2027-28 or Adoption of a Continuing Budget Resolution
RECOMMENDATION:
1) Receive the Staff presentation and input from the public; 2) Incorporate any changes to the appropriations in accordance with CIP and Budget discussion; 3) Adopt Resolution No. 42-23 which authorizes spending Budgets for two Fiscal Years (FY 2023-24 and FY 2024-25) and Approves Certain Annual and On-Call Contracts; 4) Adopt Resolution 41-23 Approving the Capital Improvement Plan Update (Fiscal Years 2022-23- 2027-28), OR Adopt Continuing Budget Resolution 43-23.

DISCUSSION:

At the City Council meeting on June 6, 2023, Staff introduced the proposed two-year budget covering Fiscal Year 2023-24 and Fiscal Year 2024-25 as well as the Capital Improvement Plan Update (Fiscal Years 2022/2023-2027/2028). Following the receipt of input at the June 6th Council meeting and additional presentations to Commissions and Committees, Staff prepared the final Proposed Biennial Budget and Capital Improvement Plan.

Biennial Budget for Fiscal Years 2023-24 and 2024-25
Because of the large size of the document, any areas of adjustment are described in this report rather than reproducing another Draft. The Biennial Budget as introduced can be reviewed on the City website at:
https://www.cityoforinda.org/ArchiveCenter/ViewFile/Item/123 The funding schedules incorporated in Resolution 42-23 summarize, at the fund level, the authorized expenditures. If adopted, the Resolution will allow for the appropriation of funds for the next two Fiscal Years, including setting staffing levels. The City’s Fiscal Year begins on July 1st. As is past practice, there will be scheduled opportunities to review the adopted budget over the course of the two-year budget cycle and incorporate any necessary changes based on the most current information available at that time. A revised version of the City Manager’s Budget Message and updated Decision Package Summary are included as attachments 4 and 5 to this staff report.

The Proposed Final Biennial (Two Year) Budget document is formatted with the following components:

City Manager’s Budget Message
H.1
Packet Pg. 92
Description of Budget Schedule and Process
High-Level Overview and Schedules Including Fund Balances Revenue Overview
Staffing Levels
Operating Budget Overview
Department / Program Summaries and Narratives
Internal Service Funds
Debt Service Funds
Consolidated Measure R Expenditures
Capital Improvement Project Appropriations
Appropriations Limit
The Budget as presented is balanced and the City is able to meet its emergency reserve needs as described under the policy adopted by the City Council on June 1, 2021, which requires General Fund Reserve Balances of at least 50%. As noted in the City Manager’s message, the budget has been prepared as a financial plan that will continue core City services and provide increased focus on key Strategic Priorities.

The total staffing level is proposed to be increased by 1 full-time equivalent (FTE) position; however total City Staffing remains below the pre-pandemic level in FY 2018.

The additional position is a Recreation Coordinator position which had previously been approved as part of the mid-year budget review which occurred on March 7, 2023, and is being funded 100% by the General Fund.

Capital Improvement Plan Update (Fiscal Years 2022/2023-2027/2028) The subject Capital Improvement Plan (CIP) covers the estimated activity during the current Fiscal Year 2022-2023 (July 1, 2022-June 30, 2023) and the subsequent five years (July 1, 2023-June 30, 2028). The CIP is updated annually, using the following process for this year’s update:
• Staff presented potential project lists to City Council for discussion and comments on May 2, 2023.
• Staff provided a preview of proposed CIP projects utilizing Measure R funding to the SSTOC at their May 10, 2023 meeting
• Staff incorporated comments received at the above City Council meeting about new projects and significant changes (if any) in current projects and presented them as a draft CIP at the June 6, 2023 meeting.
• Staff presented the updated CIP projects to the Planning Commission for review for conformance with the General Plan (as required by State government codes), on June 13, 2023
• Staff will review the CIP projects that utilize Fund 106 at the monthly SSTOC meeting on June 14, 2023
• Staff presents the final CIP Update to City Council for adoption, on June 20, 2023 (the subject meeting) See Attachment 6 for the weblink to the updated proposed CIP.

H.1
Packet Pg. 93
At the June 6, 2023, meeting, City staff received direction on certain projects, including the unfunded CIP project list, and has made proposed revisions which are reflected in the attached final draft CIP documents. While financial data was reconciled between Finance Dept. and Plan-It data, no significant changes were made. It should be noted that the Unfunded CIP Project List (Attachment 7) was reformatted based on discussions at the June 6, 2023, City Council meeting; proposed new projects and proposed projects to be deleted from the List are denoted by colored highlighting.

City Commission / Committee Review
The Proposed Budget and CIP have been available for review by the general public on the City’s website since the June 6, 2023, City Council Agenda was posted. Consistent with the roles and duties of certain Advisory Committees and Commissions established by the City Council, and in an effort to receive an abundance of input from the community, Staff also made budget presentations to:

Supplemental Sales Tax Oversight Commission
Independent Library Parcel Tax Oversight Committee
Finance Advisory Committee
Input and feedback received is summarized below:

Supplemental Sales Tax Oversight Commission (SSTOC) – The Commission met on June 14, 2023, and reviewed the Measure R components of the Budget.

This also included the review of proposed Capital Project funding in years beyond the two-year operating Budget. The funding from Measure R in each Fiscal Year through June 30, 2028, is projected to have an adequate remaining, unappropriated fund balance. The analysis looked at both capital projects as well as forecasted operating budget expenses. Listed below are the estimated ending fund balances for each of the following fiscal years:
2023-24 $ 3,856,341
2024-25 $ 3,913,323
2025-26 $ 2,609,034
2026-27 $ 4,913,567
2027-28 $ 7,220,986
Several factors will potentially impact the later year forecasts including ongoing need for unfunded drainage projects; annual road maintenance, and wildfire mitigation programs/projects and adjustments to other operating costs; amount of revenue collected etc.

As discussed above, the multi-year analysis identifies that funds are available.

These numbers will be updated as part of several regular financial reviews including the Annual Update to the 5-Year Capital Improvement Plan (CIP); the Mid-Year Operating Budget Review; and the Mid-Cycle Budget Review – which occurs prior to the beginning of the second Fiscal Year.

H.1
Packet Pg. 94
Action Taken: The Commission expressed support for the components of the Budget funded by Measure R as presented, particularly that the funds were programmed in such a way that sufficient resources remain available to provide flexibility in addressing future adjustments which could accommodate new or expanded wildfire prevention and preparedness programs and services into the future.

Independent Library Parcel Tax Oversight Committee – This Committee met on June 13, 2023, and Staff presented information on both the operating budget as well as planned capital projects funded by the Parcel Tax. As part of the discussion, the Committee noted that 7-day service continues to no longer be offered by the County Library, which was one of the benefits previously funded by the Parcel Tax. The County Library system has standardized the offerings to cities served. The County will now pay for 40 hours at each branch. Cities may pay additional local funds to increase the total hours. Options available for hours above the base 40 per week is limited to three options: Option #1) 46 hours per week; Option #2) 52 hours per week; or Option #3) 56 hours per week. None of these options include Sunday hours and the City of Orinda has budgeted for a maximum of 56 hours per week.

Action Taken: Following the presentation and discussion the consensus of the Committee was to support the components of the Budget funded by the Library Parcel Tax as presented. The Committee also recommended: 1) Staffing resources be made available to ensure timely completion of the Capital portion of the budget 2) a Library Facility Steering Committee meeting be scheduled for some time in the near future to discuss Facility needs and future funding.

Finance Advisory Committee – This Committee met on June 13, 2023, and Staff presented an overview of the Two-Year Budget and provided an opportunity for discussion and questions. The Committee would typically be asked to review and provide recommendations on any one-time use of projected surplus general fund reserves, so their focus was appropriately on the Fund Balance Decision Packages.

Action Taken: Following the presentation and discussion the consensus of the Committee was to support the Two-Year Budget as presented including the five operating Decision Packages recommended by the City Manager. The Committee also recommended: 1) Council approval of all eight Fund Balance Decision Packages, and 2) Consider potentially changing the City Council adopted Fund Balance Policy by increasing the 50% reserve requirement.

The Planning Commission – At the Planning Commission Meeting held on June 13, 2023, the Commission reviewed the CIP and found it to be consistent with the City’s General Plan.

Funding Adjustments
H.1
Packet Pg. 95
Operating Budget - As a result of the initial review and public discussion at the June 6, 2023, City Council Meeting, there are currently not any proposed adjustments to the Operating Budget. Any adjustment to the Proposed Biennial Budget for Fiscal Years 2023-24 and 2024-25 will occur as part of a “Decision Package” during the June 20th meeting. As a reminder, there are currently five (5) Decision Packages and eight (8) Fund Balance Decision Packages being recommended by the City Manager, as well as one Alternate Decision Package and now 14 Budget Referrals that could potentially result in funding adjustments to the operating budget.

During the Council’s initial discussion of Decision Packages and Budget Referrals on June 6, 2023, there was one additional item raised where staff indicated we would provide an additional Budget Referral, and that is set forth below and has been added to at attached updated Decision Package and Budget Referrals document:

Budget Referral # 14: Police Camera System – The City has a network of Vigilant Automatic License Plate Reader (ALPR) Cameras with most being stationary and two being vehicle mounted. In addition, the City owns several Flock Cameras.

Other Flock Cameras in the City are owned by Homeowners Associations.

Homeowners Associations and Flock can grant permission to the Police Department to access these cameras, and many have, and this network will be enlarged as new Flock Cameras come on-line. Are there locations where additional ALPR cameras are desirable?
Response: The Police Department has identified an additional location where an ALPR camera would be of assistance and has been working to address the lack of power at that location. Once that issue has been resolved, there are sufficient funds available in the Police Department Budget to purchase, install, and maintain that additional camera.

In addition, clarifying or supplemental information on a select number of Decision Packages were identified as perhaps being of assistance based on the Council’s initial discussion and are as follow:

Decision Package # 2: Restructure Maintenance Operations – Perhaps the title of this item does not adequately describe the scope of the issue we are endeavoring to resolve. While we are seeking to enhance the City’s base maintenance operations, one of the main concerns is the lack of progress on capital projects and more major repairs of City facilities. These lagging efforts include repair and replacement of the tile on the Library Building; City Hall leaks and drainage issues; Library HVAC systems upgrades, among others. The funding identified here is a placeholder which would allow us to implement an already funded and currently underway analysis by a third party of how to best structure these operational areas to address deferred maintenance and much needed repairs and enhancements to City facilities.

Decision Package # 3: Information Technology Services & Fund Balance Decision Package #1: Information Technology Systems Upgrades [One-Time] – H.1
Packet Pg. 96
These two items need to be viewed in conjunction with each other. The Decision Package is designed to get additional services on the ground for the 2023-24 fiscal Year and to allow for capacity to assess the best path forward long-term from an operational and systems perspective. The Fund Balance Decision Package is a set-aside to allow for the purchase of to be identified systems and equipment some of which we are already aware of and can move forward with and others which would be identified as part of the proposed review and analysis.

Decision Package # 5: Plan Orinda Implementation Resources – During the final stages of the consideration and adoption of the Plan Orinda elements, rather than relying on contract services for certain components, a temporary Planning position was added which proved to be a cost-effective way to complete the Plan Orinda effort. That position will be eliminated unless funding is appropriated.

Hence, in order to advance the implementation of Plan Orinda, it is proposed that this position and some additional funding for professional services be allocated.

Without this position, there will be no dedicated resources available to implement Plan Orinda. A portion of this position’s time can also be allocated to efforts dedicated to retail attraction and economic development, which are also work program elements in the Downtown Precise Plan.

Budget Referral # 2: Encouraging Retail – Efforts underway in Lafayette were mentioned and staff has learned that the City of Lafayette used ARPA funds to hire a temporary Economic Development Manager position, which is being eliminated soon, and they also have retained a firm to develop a website as a one-time cost using ARPA funding to promote available retail space and that is in development and will be launched soon. They have not retained any type of retail broker or leasing agent to assist in these efforts. As noted under Decision Package 3 above, the Planning position funded under this Decision Package would also undertake economic development related duties.

Budget Referral # 5: Establish an Off-leash Dog Park – As discussed by the City Council, Fund Balance Decision Package # 7: Capital Project Fund, if approved, could be the funding source for a possible dog park, together with perhaps some community fundraising. Should the Council wish to explore this idea further, it is recommended that it be referred to the Parks & Recreation Commission for discussion towards the fourth quarter of the calendar year as they are currently engaged in a discussion and review of pickleball courts.

Capital Improvement Projects – As part of the discussion of the CIP on this same agenda, to the extent that the City Council reaches consensus on additional appropriation of funds for any project included in the current Biennial Budget timeframe, Staff will be prepared to report on any changes required to the resolution, prior to action by the City Council. Any revisions resulting from additional appropriations of funds will also need to be updated by Staff in the Final Adopted Budget prior to its publication.

Approval of Certain On-Call Contracts
H.1
Packet Pg. 97
With the 2022-23 Mid-Cycle Budget review in March of 2023, staff introduced a concept on a trial basis by which we asked the City Council to approve certain annual or on-call services as part of the budget approval. This change was intended to streamline the contracting process by having certain regular annual or on-call contracts approved as part of the budget process. This is a more efficient and cost-effective basis to handle these approvals, especially given our limited staffing resources. As proposed, the contracts or agreements for services would be approved by the City Council as part of the budget adoption process and the City Manager would be authorized to execute the following agreements. For this year, three Public Works on-call contracts are being recommended for approval using this process as noted below:

1. CSG: Civil Engineering Services on call thru 6/30/2024, for $150,000. This is the contract we utilize for development plan review, and we are in the process of issuing an RFP. We intend to complete the RFP process and award a new contract before 6/30/2024.

2. CSW/Stuber-Stroeh: Civil Engineering services on call thru 6/30/2024 for $100,000 We utilize this consultant for a few projects, including the red flag noparking sign program expansion.

3. Avila Project Management- Project Management/Construction Management services on call thru 6/30/2024 for $100,000. They have been a useful on call PM/CM firm and are helping us with the San Pablo Creek Culvert repair project and other winter storm repair projects.

4. Tripepi Smith – Communications and social media assistance through June 30, 2024, primarily funded by and related to Measure R activities for $80,000 of which is $5,220 is for a reduced monthly retainer or an annual amount of $62,640 and the balance for project-based work outside the retainer.

NEXT STEPS:

Upon adoption of the Resolutions, the budgets will be entered into the City accounting system to be used in managing resources and presenting financial reports. The Resolution authorizes certain adjustments for the carry-over of funds, new grants, etc.

As has been past practice the City Council will consider any Mid-Year Update to the FY 2023-2024 Budget after January 2024; and a Mid-Cycle Update for Fiscal Year 2024- 2025 will be presented for City Council consideration in May/June 2024. As discussed in this report other Budget Adjustments may be presented as warranted. A final Biennial Budget document will be produced and posted the City’s website which will include nonsubstantive changes, such minor punctuation and wording corrections to the accompanying narratives, or the inclusion of informational sections new to this year’s document, such as the demographics page. The Funding Schedules and Staffing Levels cannot be changed without prior approval from the City Council. Staff anticipates that the final document will be published to the website by mid-July.

In the event that City Council does not approve the Biennial Budget for Fiscal Years 2023-24 and 2024-25, a Continuing Budget Resolution is provided. Continuing H.1
Packet Pg. 98
resolutions are temporary spending bills that allow government operations to continue when final appropriations have not been approved by the governing body before the start of the fiscal year. Staff has determined that there will be sufficient unspent appropriations from Fiscal Year 2022-23 to cover operating costs until the next City Council Meeting on July 11, 2023, is necessary.

FISCAL IMPACT:

Subject to the revisions discussed in this report, detailed financial information is contained in the Proposed Biennial Budget Fiscal Year 2023-24 and Fiscal Year 2024- 25, which is available on the City website:
https://www.cityoforinda.org/ArchiveCenter/ViewFile/Item/123 Expenditures are funded by current year revenue as well as prior year accumulated balances as presented in the Budget. The Budget is balanced, and the City is expected to attain target General Fund emergency reserve funding levels. In addition to annual operating costs the Budget includes appropriations for significant capital projects to be funded over the next two years.

ATTACHMENTS:

A. Resolution 41-23 Adopt CIP Update 6-20-2023
B. Resolution 42-23 Adopt Biennial Budget FY2024 and FY 2025 DCB C. Resolution 43-23 Adopt Budget Continuation Resolution D. Updated 2023-25 Budget Message 6.15.23 DCB
E. 23-24 & 24-25 Decision Packages and Budget Referrals 06152023 Update F. Revised Capital Improvement Plan Document
G. Master Unfunded CIP Project List
Respectfully Submitted by:

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

H.1
Packet Pg. 99

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

Adoption of Capital Improvement )
Plan (CIP) Update for Fiscal Years) Resolution No. 41-23 2022/2023-2027/2028 )
WHEREAS, the Orinda City Council conducted public meetings on May 2, 2023 and June 6, 2023 for the purpose of receiving citizen comments and review of projects in the Capital Improvement Plan Update for Fiscal Years 2022/2023-2027/2028; and WHEREAS, the Capital Improvement Plan was prepared in accordance with the guidelines established by the City Council; and
WHEREAS, the Planning Commission determined that the Proposed Capital Improvement Plan Update is consistent with the General Plan at its meeting on June 13, 2023 and thereby adopted Planning Commission Resolution #23-03; and WHEREAS, presentations regarding the Proposed CIP Update were made at public meetings of the Supplemental Sales Tax Oversight Commission on May 10, 2023 and June 13, 2023.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby adopt said Capital Improvement Plan.

BE IT FURTHER RESOLVED, that the final published updated CIP document shall incorporate revisions, if any, as directed by the City Council on June 20, 2023.

Adopted by the City Council of the City of Orinda on June 20, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
Sheri Marie Smith, City Clerk
H.1.a
Packet Pg. 100 Attachment: Resolution 41-23 Adopt CIP Update 6-20-2023 (3150 : Adopt Budget FY 2024 and FY 2025)

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

Approving the Fiscal Year 2023-24 And )
Fiscal Year 2024-25 Biennial Budget ) Resolution No. 42-23 WHEREAS, pursuant to Title II, Section 2.08.070 F of the Orinda Municipal Code, the City Manager duties include presenting a proposed Budget and WHEREAS, the City Manager has prepared and submitted a two-year budget describing estimated income and expenses for the fiscal years beginning July 1, 2023, and continuing through June 30, 2025; and
WHEREAS, on June 6, 2023, the City Council reviewed and took public input on the Proposed Biennial Budget for Fiscal Year 2023-24 & Fiscal Year 2024-25; and WHEREAS, the Supplemental Sales Tax Oversight Commission; The Independent Library Parcel Tax Oversight Commission; and the Finance Advisory Committee reviewed elements of the proposed Budget at public meetings and the input was presented to the City Council prior to the City Council taking action on the adoption of the budget; and Whereas at the City Council meeting on June 20, 2023, was considered a final hearing on the budget and the City Council action was to be inclusive of any adjustments to Operating Budget and/or Capital Projects as directed by action of the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt the Biennial Budget For: Fiscal Year 2023-24 and Fiscal Year 2024-25.

BE IT FURTHER RESOLVED that the City Council of the City of Orinda does hereby:

1. Adopt the Summary of Appropriations & Estimated Fund Balances for Fiscal Year 2023-24 – Year 1, inclusive of any adjustments directed at the final Budget Hearing and attached hereto;

2. Adopt the Summary of Appropriations & Estimated Fund Balances for Fiscal Year 2024-25 – Year 2, inclusive of any adjustments directed at the final Budget Hearing and attached hereto;

3. Appropriate funds necessary for any Decision Packages selected for approval in addition to the Summary of Appropriations listed above;

4. Authorize the City Manager to make expenditures within the budget as necessary to implement the services and policies of the City Council; H.1.b
Packet Pg. 101 Attachment: Resolution 42-23 Adopt Biennial Budget FY2024 and FY 2025 DCB (3150 : Adopt Budget FY 2024 and FY 2025)

5. Authorize the City Manager to administratively approve the following without additional action by the City Council;
i. Transfer budgeted amounts between line items, provided that the transfer is within the same fund, and within the same Department; ii. Increase grant funded revenue and expenditure budgets, when revenue estimates exceed the amount approved in the Budget due to an increase in grant revenues as verified in the financial records. The adjustment may also account for increased expenditures in an amount not to exceed the amount of increased grant revenue. These changes shall be disclosed as part of quarterly financial reports or other reporting presented to the City Council.
iii. Administratively process Fiscal Year 2023-24 Operating Budget Adjustments, as deemed by the City Manager to be appropriate, to account for the carryover of unspent operating- budget appropriations from Fiscal Year 2022-23. The changes shall only be for purchases assumed in the Budget to be completed by June 30, 2023, but were not completed and shall rely on carry-over funding. These changes shall be disclosed as part of quarterly financial reports or other reporting presented to the City Council.
iv. Make adjustments to the Fiscal Year 2023-24 Capital Project Appropriations to account for the carryover of unspent appropriations from Fiscal Year 2022-23 to the extent that:

1. the carryover shall be only for active projects that remain incomplete but are underway as of June 30, 2023; and

2. the carry-over does not increase the total project cost as shown in the Adopted 2023-2028 CIP.

6. Approve certain contracts for On-Call Services in a form acceptable to the City Attorney on listing attached hereto.

BE IT FURTHER RESOLVED THAT any other modifications to the 2023-24 and 2024-25 Appropriations or the approved number of full-time equivalent regular staff positions shall be submitted to the City Council for approval.

Adopted by the City Council of the City of Orinda on June 20, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

H.1.b
Packet Pg. 102 Attachment: Resolution 42-23 Adopt Biennial Budget FY2024 and FY 2025 DCB (3150 : Adopt Budget FY 2024 and FY 2025) Inga Miller, Mayor
Sheri Marie Smith, City Clerk
H.1.b
Packet Pg. 103 Attachment: Resolution 42-23 Adopt Biennial Budget FY2024 and FY 2025 DCB (3150 : Adopt Budget FY 2024 and FY 2025) YEAR 1 FY 2023-2024 APPROPRIATIONS SUMMARY
H.1.b
Packet Pg. 104 Attachment: Resolution 42-23 Adopt Biennial Budget FY2024 and FY 2025 DCB (3150 : Adopt Budget FY 2024 and FY 2025) YEAR 2 FY 2022-2023 APPROPRIATIONS SUMMARY
H.1.b
Packet Pg. 105 Attachment: Resolution 42-23 Adopt Biennial Budget FY2024 and FY 2025 DCB (3150 : Adopt Budget FY 2024 and FY 2025) Listing of Certain Annual and On-Call Contracts for Approval:

1. CSG: Civil Engineering Services on call thru 6/30/2024, for $150,000. This is the contract we utilize for development plan review, and we are in the process of issuing an RFP. We intend to complete the RFP process and award a new contract before 6/30/2024.

2. CSW/Stuber-Stroeh: Civil Engineering services on call thru 6/30/2024 for $100,000 We utilize this consultant for a few projects, including the red flag noparking sign program expansion.

3. Avila Project Management- Project Management/Construction Management services on call thru 6/30/2024 for $100,000. They have been a useful on call PM/CM firm and are helping us with the San Pablo Creek Culvert repair project and other winter storm repair projects.

4. Tripepi Smith – Communications and social media assistance through June 30, 2024, primarily funded by and related to Measure R activities for $80,000 of which is $5,220 is for a reduced monthly retainer or an annual amount of $62,640 and the balance for project based work outside the retainer.

H.1.b
Packet Pg. 106 Attachment: Resolution 42-23 Adopt Biennial Budget FY2024 and FY 2025 DCB (3150 : Adopt Budget FY 2024 and FY 2025)

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

Approving Continuing Budget )
Resolution Until July 11, 2023, )
to provide for necessary spending ) Resolution No. 43-23 in Fiscal Year 2023-24 until a budget is adopted )
WHEREAS, pursuant to Title II, Section 2.08.070 F of the Orinda Municipal Code, the City Manager duties include presenting a proposed Budget and WHEREAS, the City Manager has prepared and submitted a two-year budget describing estimated income and expenses for the fiscal years beginning July 1, 2023, and continuing through June 30, 2025; and
WHEREAS, on June 6, 2023, the City Council reviewed and took public input on the Proposed Biennial Budget for Fiscal Year 2023-24 & Fiscal Year 2024-25; and WHEREAS, the City Council meeting on June 20, 2023 was considered a final hearing on the budget and the City Council action was to be inclusive of any adjustments to Operating Budget and/or Capital Projects as directed by action of the City Council; and.

WHEREAS, City Council did not adopt the Proposed Biennial Budget for Fiscal Years 2023-24 and 2024-25; and
WHEREAS, sufficient unspent budget appropriation for Fiscal Year 2022-23 exists to cover any necessary spending through July 11, 2023;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt the Continuing Budget Resolution allowing for necessary spending to occur through July 11, 2023, when City Council will have their next opportunity to adopt the Biennial Budget.

Adopted by the City Council of the City of Orinda on June 20, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Inga Miller, Mayor
Sheri Marie Smith, City Clerk
H.1.c
Packet Pg. 107 Attachment: Resolution 43-23 Adopt Budget Continuation Resolution (3150 : Adopt Budget FY 2024 and FY 2025) June 20, 2023
Mayor Miller, Vice Mayor Gee, and Councilmembers Malkani, Iverson, and Riley:

It is my privilege to submit my second two-year budget as the City Manager of Orinda for the Mayor and City Council’s consideration. The first two-year budget was presented early in my tenure as your City Manager, and was mostly formulated following past practice. Now just over two-years into my time in Orinda and working with our new Director of Administrate Services Director Doug Alessio, I am happy to present the budget on a basis designed to enhance transparency and to better facilitate City Council decision making.

As with all prior budgets, we have developed the recommended two-year spending plan with the City’s fiscal policies in the forefront of our minds and in a manner designed to support the City Council’s adopted Strategic Priorities. In February, 2023, the City Council met for a day to update their strategic goals. The outcomes of that work session were presented to the City Council for public review and final adoption on May 9, 2023. The updated priorities are as follows:
• City Facilities/Infrastructure
• Economic Development
• Housing & Downtown Development
• Staffing & Technology
• Wildfire Resilience and Emergency Preparedness
General Fund Operating Budget
This proposed budget is being considered in an uncertain economic climate with seemingly on-going structural adjustments as we emerge from the COVID Pandemic, navigate a changing workforce, and some levels of national and State uncertainties. The City has been through some very challenging times including having navigated the nearly 3-year long COVID Pandemic, managed through recent impactful winter storms, and, grappled with increasing State mandates in numerous areas including housing and water quality. Orinda has been fortunate to have seen some revenues increasing and with some development projects moving forward such as the One Wilder Assisted Living community, the adaptive reuse of the former Bank of America Building, and, the soon to commence Vista Verde Senior Housing Project. In addition, the Council has set the stage for further revitalization of the Downtown through the adoption of the Plan Orinda components in January 2023.

As your City Manager, a key goal of this recommended budget is to ensure we live within our means and to match on-going expenses with on-going revenues to the best degree possible in order to maintain essential services to preserve and enhance the quality of life in Orinda. In addition one-time or regularly reoccurring expenses have been matched to one-time revenues or available fund balance. This will help to ensure that we budget at a level which is sustainable on a year-to-year basis and will smooth out any big swings from an operational perspective. Many communities have found themselves in financial difficulty at times because they did not maintain this level of fiscal discipline.

In developing the budget proposed for the 2023-24 and 2024-25 fiscal years, we are utilizing a new approach for Orinda. As noted above, the process reflects the Council’s key financial principles. The base upon which the proposed budget has been developed starts with the FY 2022-23 budget including any modifications to date. Anticipated revenues for the next two fiscal years are then estimated using current H.1.d
Packet Pg. 108 Attachment: Updated 2023-25 Budget Message 6.15.23 DCB (3150 : Adopt Budget FY 2024 and FY 2025) year to date figures as the starting point and information from a variety of sources to provide realistic and as accurate figures as possible. We also endeavor to identify those portions of our revenue stream which may be of a one-time nature or should be considered one-time until a better track-record is established.

The proposed budget assumes the same level of staffing as provided for in the current year after we added one position back in Parks & Recreation at mid-year, and that all positions are filled for the entire year with the same level of service provided. Departments submit a well scrutinized level of operations and maintenance line items which are incorporated in the proposed budget. Finally unavoidable cost increases are added to the prior year budget expenditures so that projected revenues can be compared to projected expenditures in order to determine if an operating surplus or deficit exists.

The good news is that the base General Fund Budget for the first year of the next two fiscal years shows a projected operating surplus. In addition, the City’s available fund balance has increased so these essentially one-time monies can also be allocated, preferably to one-time expenses, or used strategically to perhaps bridge a short-term gap on an operating or on-going basis. So the question is how do we make the best use of the operating surplus, especially ensuring that on-going expenses do not exceed on-going revenues, and the available one-time funds, to begin to address our highest priority needs.

This is proposed to be done through the consideration of a series of “Decision Packages” which have been developed for the City Council’s consideration. Each City Manager proposed Decision Package will propose to increase expenditures, decrease expenditures, enhance revenue, or make use of reserves or fund balance as appropriate to ensure a balanced budget. Decision Packages can also establish policy direction on a forward going basis. As City Manager, I have recommended sufficient Decision packages to provide for a balanced budget for FY 2023-24 and 2024-25 and to address what I believe are the highest priority needs of the community.

There is an Alternate Decision Package identified should the City Council wish to consider choose this inlieu of or in addition to the ones which I have recommended as City Manager. If we had more resources, this Alternate Decision Package would have been recommended for funding. In addition, as the City Council considers the proposed two-year budget and receives comments, suggestions, and other alternatives from the Mayor and City Council, community, and other stakeholders including our employees, we will prepare Budget Referrals as requested by the City Council to flesh out other options.

The City Council will then be able to make its final budget balancing decisions based on selecting some combination of Decision Packages and Budget Referrals to ensure a balance budget and make other budget policy determinations.

A new tool we are introducing with this two-year budget is a Budget Balancing Spreadsheet for the General Fund. This shows resources and uses of funds in two categories, on-going and one-time. It summarizes the recommended operating budget, and Fund Balance available less existing designations and reserves, and shows available funding in both categories. My recommendations regarding the General Fund Decision Packages and Fund Balance Decision Packages discussed below are laid out in the Budget Balancing Spreadsheet which is attached. During the City Council budget adoption public hearings, the Budget Balancing Spreadsheet will be used in real-time to illustrate the how much of available ongoing and/or one-time funds are remaining as various options and combinations of Decision Packages and Budget Referrals are incorporated.

H.1.d
Packet Pg. 109 Attachment: Updated 2023-25 Budget Message 6.15.23 DCB (3150 : Adopt Budget FY 2024 and FY 2025) Fund Balance Recommendations
The City of Orinda operates in a fiscally conservative basis when it comes to budgeting, including having a relatively high General Fund Reserve Goal equal to 50% of the annual budget and also having designated other specified reserves. Having a Fund Balance at this level ensures there are no cash flow issues, interest earnings are generated, and there would be positive impacts from a credit and ratings perspective. In addition, reserves provide for maneuvering room and an ability to respond in systematic and strategic ways to significant impacts like newly imposed State mandates or a natural disaster. The 2021-22 fiscal year ended with a positive contribution to fund balance as revenues were higher than anticipated and budgeted expenses were less than planned. These year-end positive results from FY 2021-22 will mostly be treated as one-time funds and can be allocated to some high priority needs of a one-time nature. We seem to be on track for the same to occur as we look to close out the 2022-23 fiscal year.

To that end, there are a number of Decision Packages which make use of current and anticipated Fund Balance in order to make investments in key areas including certain designated reserves being topped up.

Beyond these Decision Package recommended uses of Fund Balance, it would be timely to designate and appropriate a fixed dollar amount of available Fund Balance to certain other reserves and purposes as part of the FY 2023-24 and 2024-25 Two-year Budget. In future years, these designations would be proposed at the close-out of each fiscal year based on adopted policies or by specific action of the City Council at that time.

Based on the audited General Fund Balance as of June 30, 2022, together with anticipated positive results for FY 2022-23 as projected in the mid-year update, it is anticipated that as of June 30, 2023, the General Fund Working Cash Balance will be just slightly in excess of $4,250,000. A portion of this amount is recommended to be used in a variety of ways to address strategic operational needs through Decision Packages #1-#5 totaling $758,000. In addition, there are eight other proposed uses of Fund Balance described as “Fund Balance Decision Packages” which are articulated in “Summary of Decision Packages” document which is an attachment to the June 6th staff report, and which will be formally incorporated into the final budget document for the June 20th Council meeting These items are more strategic designations to ensure the City continues on its path to long-term financial sustainability. Insert brief description of Fund Balance Decision packages.

American Rescue Plan Act Funds
The City of Orinda has been allocated funding from the Federal American Rescue Plan ACT (ARPA) in a total amount of $4.767 million. The City Council allocated these funds to a variety of purposes in August 2021 in a manner consistent with the Federal requirements as follow:

1. Local Roads Safety Plan Implementation - $150,000

2. Facility Maintenance Major Components - $560,955

3. Assessment of Technology Deployment and Enhancements - $500,000

4. Underfunded/Unfunded Capital Projects - $556,767

5. Storm Water Infrastructure - $3,000,000
City staff have made some progress on utilizing the funding as initially allocated. However, there has been discussion at the Federal level about clawing back the unexpended funds earlier than the original 2026 H.1.d
Packet Pg. 110 Attachment: Updated 2023-25 Budget Message 6.15.23 DCB (3150 : Adopt Budget FY 2024 and FY 2025) expenditure deadline. As such, some modifications to the allocations have been and may be proposed to ensure the City benefits from the funds to the fullest extent possible.

Measure R and Related Funds
FY 2022-23 was the first full year of Measure R revenues which is the 1% sales tax targeted on key areas including fire prevention and preparedness, emergency operations and planning, and important investments in infrastructure including storm drains and roads. The initial Five-Year Capital Improvement Program for Measure R set aside funding for wildfire prevention investment and storm drains with the Priority A storm drain projects being funded. In order to award the 2022 Annual Paving Project, which required additional funding to be fully awarded as bid, an allocation of just over $2 million was made at that time from Measure R funds, though this was shortly after $3 million in Measure R funds were freed up when a number of storm drain projects budgeted from Measure R were instead shifted to American Rescue Plan Act funding which had unexpectedly become available.

The Supplemental Sales Tax Oversight Commission has recently finalized updated goals for use of Measure R as they related to wildfire prevention and emergency preparedness. These updated goals will be presented to the City Council on June 6, 2023, for review, and will inform the Council’s two-year budget review and adoption.

Staff recommended additions to the Five-Year CIP using Measure R are to establish an annual allocation starting in the 24-25 fiscal year of $350,000 in Measure R funds for a yearly storm drain project which will begin to address the Priority B projects. Staff has also begun a high-level review of what funding will be required to maintain the City’s roads and streets network now that we have attained an on-going maintenance level of need. Measure R funds will be needed to meet these needs starting in 2028 or perhaps sooner.

The base Measure R operating budget of roughly $1,000,000 provided for in each of the proposed twoyear budgets as it relates to wildfire prevention and emergency preparedness, which consists of the ongoing chipper program, fire fuel reduction of City owned properties, the on-going education and outreach program, and a level of fire fuel reduction incentives, is at a level necessary to sustain this effort and should be considered the on-going level of funding needed. Future allocations to fund incentives once the current allocation is exhausted, or any new initiatives, when and if identified, could be considered in subsequent budget cycles.

Internal Service Funds and Other Designated Funds
Internal Service Funds are established to ensure appropriate funding for certain centralized tasks and may receive contributions from a variety of other funds including the General Fund. These include the Vehicle Replacement Fund, the Risk Management Fund, the Facilities Fund, and the Information Technology Fund.

The City has other funds which have been established to ensure funding is available for certain designated purposes. These funds are often funded by allocations from the City’s General Fund. They include the Road Stabilization Fund and the Long-Term Planning Fund. Fund Balance Decision Packages have been prepared which recommend additional allocations to the Road Stabilization and Long-Term Planning Fund.

H.1.d
Packet Pg. 111 Attachment: Updated 2023-25 Budget Message 6.15.23 DCB (3150 : Adopt Budget FY 2024 and FY 2025) Special Revenue Fund Budgets
Special Revenue Funds are used for revenues and expenditures which are restricted. Examples of the main Special Revenue Funds are the Landscape & Lighting Assessment District Funds and Capital Improvement type funds like Gas Tax. These, and other specialized funds such as a Development Impact Fees, have their own budgets as presented in this document.

Capital Improvement Program Budget
The City’s proposed Six-Year Capital Improvement Program, recently changed from a five year basis to better match the City’s two-year annual budget process, has been updated as part of the process of developing the FY 2023/24 and 2024/25 budgets. The first two years of the Six Year CIP is incorporated into the budget as the spending plan on capital or those two years. Funding for capital projects comes from a variety of sources, including the City actively seeking grants. The City’s voter approved local sales tax override Measure R is a key source of funding for road and storm drain improvements. When looking to the future years of the CIP, there is some uncertainty surrounding revenue sources the City relies on to maintain critical infrastructure and streets. Other revenues trends impacting the ability to fund the CIP, include potential reduction in gas tax due to increased EV usage, fixed (in effect) stormwater utility assessments (SUA), potential reductions in road maintenance fee from solid waste (garbage truck) fee (which in the future will be based on lower road spending), inflation, and depletion of Wilder Community Maintenance Endowment.

Costs associated with streets are expected to rise as there has been a general inflationary impact on these costs, plus the implementation of Green Infrastructure requirements related to road repairs as imposed by the Regional Water Quality Control Board will be kicking in starting with the 2023-24 fiscal year.

Accomplishments During the 2022-23 Fiscal Year
There are discussions of accomplishments in each departmental and/or fund section of the budget.

Highlights for the City overall include:
• In January, after a nearly two-year of more process, the City Council approved all of the Plan Orinda components – the Downtown Precise Plan, an updated Housing Element, and Updated Safety Element and Evaluation Analysis, and the supporting Environmental Impact Report. The State Department of Housing and Community Development subsequently certified the City’s Housing Element.
• The Miner Road Contraflow signs were installed to assist with evacuations when necessary and the City Council approved Red Flag Day Parking Restrictions for the Miner Road Area as well with signage installation pending.
• The City’s Pavement Condition Index (PCI) as of 2022 is the second highest in the Bay Area at 84 as a result of the decade long investment in streets funded by Measure L, Bond Proceeds, and now Measure R.
• A wildfire prevention and emergency preparedness education and outreach program has been established with additional dedicated staffing in place to ensure Orinda is becoming a more fire safe community including a first Wildfire Prevention & Safety Fair having been held in May 2023. • The City returned to in-person public meetings as COVID Pandemic restrictions were eased and is piloting a hybrid public participation option for the City Council and Planning Commission.

H.1.d
Packet Pg. 112 Attachment: Updated 2023-25 Budget Message 6.15.23 DCB (3150 : Adopt Budget FY 2024 and FY 2025) • The City Council updated its strategic priorities within a workshop setting in February 2023, with the final updates approved in May 2023.
• Beginning in late December 2022, unusually heavy rainfall and high winds created emergency conditions in the city and neighboring areas, prompting the City to declare a state of emergency and requiring an extraordinary winter storm response. Public works maintenance crews responded to numerous call outs to alleviate damage to public roads and storm drain facilities.

The storms persisted into March 2023, resulting in an estimated $1.7 million of damage to public facilities. City Staff also responded to a private property landslide (Cedar Lane) and took measures to ensure public safety. The City is working with FEMA and CalOES to obtain emergency assistance funding for public infrastructure. Public Works has performed certain emergency repairs and is working with engineering consultants on permanent repairs, which in most cases have resulted in new CIP projects.
• The following key Capital Improvement Projects were successfully completed or reached milestones this year:
o Lavenida Culvert Repair (CIP #4148) – This 120-inch diameter storm drain pipe was repaired and associated headwalls were upgraded (this pipe was identified prior to establishing “Category A” prioritization). Received an American Public Works Assocaition Project Award;
o 2022 annual paving project (CIP # 4166), including portions of El Toyonal – base contract work completed ;
o Camino Sobrante Slide Stabilization (CIP Project #4152); o Pedestrian Pathway on Moraga Way, Phase 2, El Camino Moraga to Altamount (CIP #4168);
o San Pablo Creek Culvert Repair (CIP #4187) – design and contract documents to be completed in June 2023; regulatory permits pending;
o City Hall Slope/slide Stabilization (CIP #4108);
o Community Center roof replacement, solar panels & battery backup (CIP # 4141 & 4164).

Goals for the 2023-24 Fiscal Year and 2024-25 Fiscal Year The Council’s updated Strategic Priorities and related tasks will serve as the primary emphasis areas for the next two fiscal years.
• Commence implementation of the Plan Orinda key tasks including the initial rezoning of the housing opportunity sites outside the Downtown area followed by the Downtown rezonings. • Enhance the demand for Chipper services and the City’s fire fuel abatement incentives through the City’s on-going education and outreach efforts.
• Implement and refine key components of the City’s evacuation efforts including expanded Red Flag Day Parking restrictions in the Miner Road area.
• Secure the pending ABAG/MTC grant and commence the advance planning for Transit Oriented Development on the BART Station site and continue to pursue the possible development of the CalTrans Gateway site.
• Complete design and initiate construction of the first Priority A storm drain repair projects and launch the annual Priority B storm drain repair project and complete the first annual project.

H.1.d
Packet Pg. 113 Attachment: Updated 2023-25 Budget Message 6.15.23 DCB (3150 : Adopt Budget FY 2024 and FY 2025) • Complete an updated analysis of street maintenance needs and future funding and identify target Pavement Condition Index (PCI) goal and strategy to ensure it is met.

What the Future Holds
Orinda can look forward to a brighter future, based on working to address key strategic priorities, and doing so in an on-going financially sustainable manner. With a local tax base built upon a low share of property taxes, and limited sales tax revenues, the City of Orinda has always had to focus its resources on the most important local services. We have also been fortunate that community has supported local revenues measures like Measure R which provides funding for key investments in areas like wildfire prevention and infrastructure. These funds have resulted over time in Orinda having the second highest Pavement Condition Index of any city in the Bay Area, and we are making progress in making Orinda a more fire safe community.

The City Council’s January, 2023, approval of the Plan Orinda components – a Downtown Precise Plan, Housing Element, Safety Element, provide a vision for moving the community forward. These plans will help to ensure that Orinda develops in a manner which will see a revitalized downtown with an expanded retail and business base, while also meeting State housing mandates, and with a focus on ensuring a safer community. All in a uniquely and customized Orindian way.

The proposed 2023/24 and 2024/25 Budget is designed to support this pursuit of a brighter and more sustainable future in Orinda. It concentrates on core services will also making key investments. The introduction of the General Fund Budget Balancing Worksheet, Decision Packages, and Budget Referrals are all designed to do this in a more transparent and inclusive way. My team and I are pleased to recommend a budget which reflects community priorities and supports what makes Orinda unique. I look forward to the Council and community’s review and deliberation of the spending plan for FY 2023/24 and 2024/25 and continuously improving how we operate and to enhancing our service delivery and programs.

David Biggs
City Manager
H.1.d
Packet Pg. 114 Attachment: Updated 2023-25 Budget Message 6.15.23 DCB (3150 : Adopt Budget FY 2024 and FY 2025)

DECISIONS PACKAGES
General Fund Operating Budget Decision Packages
Decision Package # 1: Employee Retention and Recruitment Package– The City of Orinda recently conducted a series of “stay” interviews with employees as part of an effort to ensure we retain our employees in a difficult labor market. In addition, we sometimes have difficulty recruiting employees for vacancies or securing candidates identified commitments to join us if they apply and are selected. A package of modifications to the City pay and evaluation system have been identified which should mitigate some of these concerns. Implementation of many of the elements may require conferring with and /or consulting with the represented employees labor group. Expense Increase: $40,000 - $50,000
Decision Package # 2: Restructure Maintenance Operations – Various elements of the City’s maintenance operations are currently split between the Parks & Recreation and Public Works Departments. The City recently commissioned an organization review and analysis of these functions by an outside firm. A series of recommended actions from that review is expected to result in a better approach upon implementation. Expense Increase: $250,000 Decision Package # 3: Information Technology Services – Currently, the City relies exclusively on contract Information Technology services. That approach has proven to be less than effective, and a modified hybrid is recommended for implementation. A full-time in-house position is recommended to be added and supplemented by a lower level of contract services. That will result in an on-site presence and an ability to quickly respond and resolve issues complimented by access to array of services through a contract. Expense Increase: $xx,000 Decision Package # 4: Police Community Services Officer– Prior to the onset of the COVID Pandemic, the City has an additional position funded and filled in the Police Department under the contract with the Sheriff. The restoration of a Community Services Officer position is recommended to free-up officer time for more proactive patrol, to support expanded efforts related to crime prevention, Community Watch, youth services, and to assist with emergency operations and evacuation planning. Expense Increase: $183,000 Decision Package # 5: Plan Orinda Implementation Resources – In January, 2023, the City Council approved the three components of the Plan Orinda initiative – the Downtown Precise Plan, the Housing Element, and the Safety Element. Each of these has multiple programs and actions which are required for implementation. This cannot be accomplished on a timely basis without additional resources. The addition of a Planning staff member and some contract resources is recommended to allow the City to move forward with implementation. Expense Increase: $200,000
Decision Package # X: Title – narrative. Expense Increase: $xx,000 H.1.e
Packet Pg. 115 Attachment: 23-24 & 24-25 Decision Packages and Budget Referrals 06152023 Update (3150 : Adopt Budget FY 2024 and FY 2025) General Fund Operating Budget Alternate Decision Packages Alternate Decision Package # 23-1: Additional Police Patrol Staffing– Orinda is a very safe community and has made effective use of the contract model for providing police services.

Additional sworn staffing through the contract with the Sheriff’s Department may be desirable.

In order to provide for an additional sworn position on every shift, it would require four additional officers. Expense Increase: $1,241,000 on-going and $31,000 one-time.

Alternate Decision Package # 2: Title [One-Time] – narrative. Expense Increase: $xx,000 Alternate Decision Package # 3: Title [One-Time] – narrative. Expense Increase: $xx,000 Alternate Decision Package # 4: Title [One-Time] – narrative. Expense Increase: $xx,000 Alternate Decision Package # 5: Title [One-Time] – narrative. Expense Increase: $xx,000 General Fund Balance Decision Packages
Fund Balance Decision Package # 1: Information Technology Systems Upgrades [One-Time] – The City has numerous gaps in its technology tool kit including software and hardware needs, and these have been identified for some time through a variety of assessments. In addition, the “stay” interviews with employees identified the lack of appropriate technology and tools as a major source of employee concern and dissatisfaction. A prioritized list of IT investments can begin to be addressed through the addition of on-site staff as identified in Decision Package #3 together with this allocation for key components and equipment. Expense Increase: $xx,000 Fund Balance Decision Package # 2: Contribution to Road Stabilization Fund [One-Time] – The Road Stabilization Fund was established as a funding source for required road repairs where slope stability is an underlying factor and which addressing would exceed the restrictions or availability of other funding sources. The Fund has been depleted and an additional allocation is recommended given available one-time funding. Expense Increase: $750,000 Fund Balance Decision Package # 3: Long Term Planning Fund [One-Time] – The Long-Term Planning Fund was established as a funding source for high-priority long-term planning efforts like General Plan updates which do not have an independent funding source. The Fund has been depleted by the recent Plan Orinda effort which resulted in a Downtown Precise Plan, Housing Element update, and Safety Element update. An additional allocation is recommended given available one-time funding. Expense Increase: $500,000
Fund Balance Decision Package # 4: Community Park Master Plan 10% Design [One-Time] – The City has been working to secure funding to implement the adopted Community Park Master Plan which would result in an upgraded amenity for the entire community. While grant funding has H.1.e
Packet Pg. 116 Attachment: 23-24 & 24-25 Decision Packages and Budget Referrals 06152023 Update (3150 : Adopt Budget FY 2024 and FY 2025) been secured for a first phase to start soon, including renovation and accessibility improvements of the existing restroom building, grant applications for additional phases have not yet been successful. Recently, a group of residents approached City staff to discuss a possible private funding effort. In order to make grant applications more competitive, and to perhaps also facilitate a private fundraising effort, it is believed that taking the design from the current conceptual level to a 10% design level would allow for better cost estimating and identification of logical phases, if phasing is required, with the costs of phasing identified. The closer a project is to shovel-ready, the better chance of success in securing funding. The requested funding would allow for a firm to be retained to start the detailed design and take that to the 10% level.

Expense Increase: $50,000
Fund Balance Decision Package # 5: Downtown/Wilder Pedestrian/Bike Trail Preliminary Design [One-Time] – Provide multi-use path between Wilder Road and Downtown, overall a distance of approximately one mile, from Wilder Rd./Orinda Fields Ln. to Moraga Way (via Brookwood Dr.). This project was included as a “Vision Project” in the 2011 Bikes Trails and Walkways master plan. Agreements, Permits and coordination with Catrans required. A key benefit would be a safe bike connection when compared to the current highway bike use that Caltrans currently allows between Wilder Road eastbound Hwy. 24 on ramp and the Brookside/Moraga Way off ramp. Private property easements may also be required.

Coordination with the Brookwood Walkway project is required. This is a long-term project, and as a first step, performing preliminary planning and engineering work and developing cost estimates, etc. to allow application for potential grants, should be undertaken. Expense Increase:
$100,000
Fund Balance Decision Package # 6: Multi-Year Staffing to Support Expanded Capital Projects Implementation [One-Time] – If a number of Decision Packages as proposed this year get included in the Budget, and the City continues to seek to implement additional capital projects, there is a need for additional staffing in Public Works to manage the design and implementation of the projects. It is recommended that an additional limited term Assistant or Associate Engineer be retained for up to three years, depending upon which projects are pursued. An annual allocation for three years from available General Fund reserves in the amount of $200,000 would total $600,000. Expense Increase: $600,000

BUDGET REFERRALS
June 15,2023
Budget Referral # 1: EV Charging Stations – Explore the possibility of adding EV charging stations on private and/or public properties.

H.1.e
Packet Pg. 117 Attachment: 23-24 & 24-25 Decision Packages and Budget Referrals 06152023 Update (3150 : Adopt Budget FY 2024 and FY 2025) Response: The City has offered its facilities to both Tesla and Electrify America as possible charger sites. They continue to aware of the City’s interest. In addition, a new provider EVCS has been contacted, and has expressed interest in Orinda. The pending remodel of the Chevron Station proposes to include an EV Charger. If the City were to consider installing chargers the cost of a Level 3 DC fast charger typically ranges from $25,000 to $50,000 for the equipment itself. Installation costs can range from $10,000 to $30,000 or more, depending on site-specific factors like trenching, electrical upgrades, and local permitting requirements. There may also be grants available.

Parking used for chargers would also not be available for general use.

Budget Referral # 2: Encouraging Retail – Examine ways to encourage more retail businesses to fill vacancies and provide more opportunities for residents to shop locally. This could include some type of development incentive to encourage retail in new development or the use of staff or consultant services to undertake retail attraction in cooperation with commercial property owners.

Response: Policy options can be considered as part of the implementation of the recently adopted Downtown Precise Plan implementation. Additional resources are recommended under Decision package # 5 to assist in doing so. Additional staffing to focus on economic development or contract resources would require that funding be identified which would range for $50,000 to $120,000 per year depending upon which option were preferred.

Budget Referral # 3: Legislative Advocacy – The City of Orinda relies primarily on the League of California Cities for advocacy efforts. Other communities often supplement these efforts with direct contract services with a firm to do advocacy directly on the city’s behalf.

Response: A firm could be retained to undertake direct advocacy on an annual basis.

The estimated annual cost would be $60,000 to $75,000 per year.

Budget Referral # 4: Coworking Space – A coworking space in the Library or Community Center has been suggested as a way to generate more activity Downtown and to provide a means to facilitate less travel by residents to work sites out of the City.

Response: Opportunities could be examined to establish a coworking space in the Library or the Community Center. If a space could be identified, there would be costs associated with the establishment and outfitting of a space, and on-going operating expenses.

Budget Referral # 5: Establish an Off-Leash Dog Park - Title – City parks require dogs to be leashed at all times. There is some demand for a dedicated off-leash dog park.

Response: Possible sites would need to be identified and evaluated. Capital costs would then need to be determined through a level of preliminary design and capital funding H.1.e
Packet Pg. 118 Attachment: 23-24 & 24-25 Decision Packages and Budget Referrals 06152023 Update (3150 : Adopt Budget FY 2024 and FY 2025) identified and dedicated. Once open, a dog park would require additional on-going operational support and annual maintenance funding.

Budget Referral # 6: Formal Ambassador System for Community Partners – An Ambassador System for Community Partners is a structured program that establishes and maintains relationships between an organization, the City, and its community partners. The purpose of this system is to create a network of ambassadors who act as representatives and advocates for the organization within the community. The formal Ambassador System for Community Partners serves as a bridge between the organization and its community, promoting positive engagement, trust, and collaboration. By leveraging the expertise and passion of community partners, the organization can enhance its outreach efforts, expand its influence, and achieve its mission more effectively.

Response: City Council members and staff already serve as formal Ambassadors for the City. If that network were to be expanded, an initial starting point could be members of the City’s Commissions and other advisory Boards. A level of staff resources would be required to support such an initiative.

Budget Referral # 7: Provide Better Pedestrian and Bicycle Connections to Wilder – The City’s Bikeways, Trails, and Walkways Master plan identifies the need for a Wilder/Downtown Class 1 Multi-Use Path. This path would better connect the Wilder area with Downtown and the BART station, it would also eliminate the need for bicycles to use the shoulder of Highway 24.

Response: The City has been looking at possible grants to fund this and other trail/path projects. In order to make such a project more competitive for grants, an initial level of funding to undertake preliminary engineering and a right-of-way assessment would be desirable. The estimated amount of funding to undertake this effort is $100,000 (OneTime Funding). See Fund Balance Decision Package # 5.

Budget Referral # 8: Quarterly Community Locales Council Meetings – Hosting one City Council meeting a quarter in an off-site location in the community has been suggested as way to better engage the community in City issues. For example, hosting them at elementary schools on a rotating basis.

Response: Off-site meetings are a possibility though some technical and logistical hurdles are in place, especially now that the City has transitioned to a hybrid format for Council meetings.

Budget Referral # 9: Implicit Bias Training – The City currently requires staff to participate in a web-based Implicit Bias Training. It has been suggested that an annual training in person for Council Members and staff would be a more engaging way to accomplish the training.

Response: A single annual training is certainly possible, and the estimated cost to have a firm conduct such training would be $10,000 to $15,000 each year.

H.1.e
Packet Pg. 119 Attachment: 23-24 & 24-25 Decision Packages and Budget Referrals 06152023 Update (3150 : Adopt Budget FY 2024 and FY 2025) Budget Referral # 10: Equity Based Analysis of Personnel and Customer Service – The City Council’s recent strategic planning session identified the desirability of utilizing an Equity lens for all City decision making processes. Undertaking a specific initial analysis has been suggested to jump-start the consideration of Equity in certain key areas of City operations.

Response: The City could retain a firm to assist in an initial evaluation. The estimated cost range for such an effort would be $15,000 to $25,000.

Budget Referral # 11: Enhance Engagement with the Orinda Union School District – The importance of the quality of schools in Orinda and what the City can do support education and the schools was identified as another key lens. Currently the City Council and School Board have a 2 X 2 Committee with two School Board members and two City Council members, which meets regularly. It was suggested that other means to enhance co-interaction would be desirable such as through occasional joint meetings of the full bodies.

Response: A review of ways to enhance co-interaction can be assessed initially by the existing 2 X 2 with specific recommendations to be considered by both full bodies.

Budget Referral # 12: Public Safety Engagement – The City Council has an existing twomember Public Safety Committee that meets on as needed basis, but typically at least twice a year for an annual and mid-year update from the Police Department. With this being one engagement opportunity with the community regarding policing, are there others which may be desirable?
Response: Orinda has been named the 5th safest city in California by MovingWaldo recently and is one of two cities in Contra Costa County on that list. The website based its rankings on FBI crime statistics and data from Neighborhood Scouts. Each Spring the Police Chief provides the community an annual report which looks back at the prior calendar year, and then there is an update in the fall that looks the mid-year.

Opportunities exist to perhaps expand how these annual and mid-year updates are shared with the community.

Budget Referral # 13: Private Drainage Facilities Assistance – The storm drain system in Orinda is a mix of private and public facilities, with much of the system being private with maintenance of the private elements the responsibility of the private property owner. Is there an opportunity for the City to facilitate or help to ensure property owners are meeting their obligations to prevent downstream flooding risk such as assessment districts or other tools?.

Response: The City works to communicate to property their obligations and remind them of such prior to the start of each rainy season. However, experience shows that many do not actively meet their obligations in advance of the wet weather season.

Exploration of options to perhaps offer some type of assessment district or other tools for neighborhoods to consider would require additional staff resources.

H.1.e
Packet Pg. 120 Attachment: 23-24 & 24-25 Decision Packages and Budget Referrals 06152023 Update (3150 : Adopt Budget FY 2024 and FY 2025) Budget Referral # 14: Police Camera System – The City has a network of Vigilant Automatic License Plate Reader (ALPR) Cameras with most being stationary and two being vehicle mounted. In addition, the City owns several Flock Cameras. Other Flock Cameras in the City are owned by Homeowners Associations. Homeowners Associations and Flock can grant permission to the Police Department to access these cameras, and many have, and this network will be enlarged as new Flock Cameras come on-line. Are there locations where additional ALPR cameras are desirable?
Response: The Police Department has identified an additional location where an ALPR camera would be of assistance and has been working to address the lack of power at that location. Once that issue has been resolved, there are sufficient funds available in the Police Department Budget to purchase, install, and maintain that additional camera.

H.1.e
Packet Pg. 121 Attachment: 23-24 & 24-25 Decision Packages and Budget Referrals 06152023 Update (3150 : Adopt Budget FY 2024 and FY 2025)

CITY OF ORINDA - CAPITAL IMPROVEMENT PLAN

UNFUNDED CIP PROJECTS LIST
Updated for: FY 22/23 to FY 27/28 CIP (6-20-2023)
DRAFT New Projects are highlighted green; Projects recommended for Removal are yellow In lieu of individual project sheets for projects that do not have funding, this list represent projects that of significance but do not have funding sources identified. These projects will not move forward unless funding sources can be identified. The order of the projects listed below do not represent priority.

Public Works Dept. /Transportation Projects

1. Downtown Intersection Operational Improvements
Description/Notes: Consider reconfiguration of the intersection of Camino Pablo/EB Hwy 24 Offramp/Brookwood Rd, including a traffic circle/roundabout or removal of some traffic movements. Due to the five legs to this intersection, signal operations are protracted and can be somewhat difficult to discern. Due to the high volumes of vehicles along Camino Pablo and the Hwy 24 off-ramp, multi-lanes within the circle must be considered to operate with reasonable level of service. Special consideration must be evaluated for pedestrian and bicycle traffic safety due to the lack of right of way control afforded by standard traffic signals.

Cost: $$$$ TBD

2. Camino Sobrante Slope Stabilization
Description/Notes: This project contemplates a reconstruction and rehabilitation of Camino Sobrante from Orinda Way east to El Ribero. No funds have been secured for this major reconstruction project, which will include a geotechnical study for slope stabilization and repair.

Cost: TBD

3. Moraga Way at Stein Way Improvements
Description/Notes: The project is identified in the Lamorinda Fee and Financing Authority Expenditure Plan and dates back to 2014 or before. It would address the increased traffic accessing Moraga Way at this intersection. The scope of the project is still to be determined but would likely be a traffic signal.

Cost: $750,000+
Date submitted: Prior to 2014

4. Rheem Blvd. & Glorietta Blvd. Intersection Improvements (#3038) Description/Notes: The need for installation of a traffic signal at this intersection was identified in the Lamorinda Transportation Improvement Program (1994) based on the proposed Rancho Palos Colorados project in Moraga, a 123 unit development, which has not yet occurred (as of May 2023). The need/justification for improvements to this intersection continues to be monitored and will likely not be implemented until Moraga completes their Rancho Palos Colorados project.

Cost: $$TBD
Date submitted: Prior to 2014
H.1.g
Packet Pg. 122 Attachment: Master Unfunded CIP Project List (3150 : Adopt Budget FY 2024 and FY 2025)

5. Sign Inventory and Replacement
Description/Notes: Inventory of Existing Roadway Signage including condition and retroreflectivity; add to GIS database. Establish a protocol of sign replacement by type or age Cost: $TBD
Note: although this may not meet our current thresholds to be included in the CIP, it may be useful to have it here in the event of grant opportunities. We do replace signs as needed, and such replacements are made with signs meeting current MUTCD standards

6. Full trash capture/Triton Drop Inlet to capture oil & grease runoff from Chevron Description/Notes: Install full trash capture device at inlet near Chevron gas station. Chevron may have a future improvement project. Depending on the future improvement project, the City may place a requirement for Chevron to construct this project.

Cost: $TBD
Remove: As of May 2023, Chevron’s convenience market project is under Planning review and certain storm drain and creek access provisions will be imposed. Note this is not a capital project

7. Happy Valley Road Guardrail/Embankment Stabilization Description/Notes: Repair the slide on the northerly side of Happy Valley Road south of Sundown Terrance (near the border of Lafayette), consider soldier pile retaining walls along the west side of Happy Valley Road just north of the Sundown Terrance, and provide additional pavement width to install metal beam guardrails. Ref. CCTA CTPL potential project list.

Cost: $1,250,000+
Date submitted: Prior to 2014

8. Ichabod Ln. Drainage (Project #4154)
Description/Notes: Per request from resident to reduce surface drainage in gutter along the frontage of the beginning of Ichabod Lane (89 Sleepy Hollow Lane) by installing new storm drain system 200’ uphill to open space ditch.

Cost: $425,000

9. Daryl Drive Neighborhood Drainage Improvements
Description/Notes: Perform drainage studies on the Daryl Drive culvert and drain channel between Overhill Rd. and Marth Rd. to allow design and construction of capacity improvements to the system. This will require permitting from regulatory agencies and the associated environmental studies. Easements to allow improvements on portions of private property will likely be required.

Update, 2023: The 2019 annual paving project intended to add more capacity to the existing 3 ft. x 8 ft. wide box culvert under Daryl Drive by installing a 36” pipe on each side of the culvert.

The 36” pipes were not installed since city was unable to obtain easement(s) from affected private property owner(s). The project did clean significant amounts of debris and sediment from the culvert. To allow for future evaluation, this project was submitted in 2021. Since that time, we have not observed significant backups due to this culvert and therefore have not H.1.g
Packet Pg. 123 Attachment: Master Unfunded CIP Project List (3150 : Adopt Budget FY 2024 and FY 2025) proposed this as a priority, funded CIP project. Maintenance crew will annually remove debris from culvert.

Cost: $800,000+
Date submitted: 2021

10. Washington Ln. Widening
Description/Notes: Utilizing Study completed in 2020 (project #4176), acquire easements if necessary to widen street for improved fire dept. access. Up to 10 properties would be impacted due to landscape and hardscaping encroachments; based on neighborhood outreach, the impacts were considered objectionable, so this project has not gained traction.

Cost: $800,000 +
Date submitted: 2021

11. Hwy 24/Camino Pablo Interchange Landscape Improvements Description/Notes: Improve landscaping appearance at this location. If Caltrans, who has control of this location, would entertain a design prepared by the City for their review, they normally require full adherence with their planting and irrigation standards, and would expect city to fully fund all work. Note that new water service meters, if needed, are very expensive and drought surcharges may apply. . Maintenance agreement between city and Caltrans would be required and landscape maintenance costs (by city contractor MCE) would be an ongoing expense.

Cost: Initial landscaping plans and review $30,000. Irrigation and installation: $100,000 plus, depending on extent of improvements.

Date submitted: 2021
Public Works Dept. /Trail, Pedestrian and Bicycle Projects

12. Miner Road Pedestrian Bridge at San Pablo Creek
Description/Notes: Construct a pedestrian bridge over San Pablo Creek. Ref. CCTA CTPL potential project list. Right of way acquisition would likely be required on both sides of the bridge for connection to pathways.

Cost: $300,000 +
Date submitted: Prior to 2014

13. Brookwood Road Walkway
Description/Notes: Provide a pedestrian walkway along Brookwood Road; approximately 2,000 feet in length from the end of Brookwood (at Spring Rd) to Moraga Way. (as of 2021, #7 project on “Top 10” list compiled from BTW Plan). Right of way acquisition would likely be required.

Private property frontage improvements that encroach on city right of way would be impacted.

Note: this project would need to be coordinated with potential future project to connect to Wilder Rd.

Cost: $$$TBD
Date submitted: 2019
H.1.g
Packet Pg. 124 Attachment: Master Unfunded CIP Project List (3150 : Adopt Budget FY 2024 and FY 2025)

14. Aesthetic Enhancement - Sandblast & Paint Pedestrian Overcrossing Hwy. 24 on-ramp (end of Orinda Way)
Description/Notes: This is a Caltrans-owned bridge; the walkway portion is maintained by the City under a Maintenance Agreement with Caltrans. The existing bridge concrete surface of the barrier walls of the walkway allows relatively low maintenance. This project would aesthetically enhance the barrier walls by sandblasting and painting them with an approved color. Work will need to include containment facilities, and. Caltrans permits will be required.

Cost: $125,000+ depending on permit requirements
Remove – this project was included based on only rare complaints of its maintenance and therefor this project has not gained traction. Alternatively, we could gradually paint over portions of the walls (where graffiti is periodically painted over in plain white) in an approved color, if so selected. Such work would not be a capital project.

15. Orinda Oaks/Oak Springs Fire Evacuation & Trail Access to Wilder Description/Notes: Acquire easements to connect to existing easement to provide trail connecting the Wilder development (at the east end of Fiddleneck Way) to Stein Way (west of Oak Rd.

Cost: $300,000, depending on easement costs/negotiations Date submitted: 2021
Remove – there are other EVAs in Wilder. This project was included based on a few properties that would benefit from such trail, and therefore has not gained traction.

16. Wilder/Downtown Class 1 Multi-Use Path
Description/Notes: Provide multi-use path between Wilder Road and Downtown, overall a distance of approximately one mile, from Wilder Rd./Orinda Fields Ln. to Moraga Way (via Brookwood Dr.). This project was included as a “Vision Project” in the 2011 BTW master plan.

Agreements, Permits and coordination with Catrans required. A key benefit would be a safe bike connection when compared to the current highway bike use that Caltrans currently allows between Wilder Road eastbound Hwy. 24 on ramp and the Brookside/Moraga Way off ramp.

Private property easements may also be required. Coordination with the Brookwood Walkway project is required. This is a long term project, and a first step may be to perform preliminary planning and engineering work and develop cost estimates, etc. to allow application for potential grants.

Cost: $3,000,000 + depending on Caltrans requirements, easement costs/negotiations and designs.

Date submitted: 6-6-2023

17. East Altarinda Dr. Sidewalk Gap Closure
Description/Notes: Extend existing sidewalk on south side of Orindawoods Drive, along East Altarinda Dr. to St. Stephens Drive. As of 2022, this project is #3 on “Top 10” list compiled from BTW Plan. This approximate 1,000 foot long connection would close the gap between Orindawoods Dr. sidewalk (where it ends on the south side of the road at East Altarinda Rd.) and allow a safe path along East Altarinda Rd. to connect to existing sidewalk at the corner of St.

Stephens Dr. , and onto the St. Stephens Trail. There appears to be available right of way for such path or sidewalk, however there would be impacts to private property landscaping and H.1.g
Packet Pg. 125 Attachment: Master Unfunded CIP Project List (3150 : Adopt Budget FY 2024 and FY 2025) fencing which encroaches along East Altarinda. Retaining walls may be required in some locations.

Cost: $350,000, depending on path or sidewalk design.

Date submitted: 2022
Parks & Recreation Dept./Parks

18. Park and Recreation Master Plan (#4059)
Description/Notes: Develop a Parks and recreation Master Plan with consideration of the adopted Bicycle, Trails, and Walkways Master Plan. The existing Master Plan was adopted in 1988.

Cost: $100,000

19. Parklands Acquisition (#4060)
Description/Notes: Provide funding for parkland acquisition opportunities as provided in the Orinda General Plan and Parks Master Plan.

Cost: $TBD

20. Park Monument Signage (#4113)
Description/Notes: Develop program to replace aging signs, and implement, subject to design and cost estimates.

Cost: $ TBD
Parks & Recreation Dept./Facilities

21. Art & Garden Center Parking Lot
Description/Notes: Construct a parking lot uphill of the Art & Garden Center with ADA pathway.

Funding has not be identified. Wilder residents have provided initial feedbacks. The scope of this parking lot needs to be further developed.

Cost: $150,000

22. Upgrades to City Hall Pedestrian Paths
Description/Notes: Upgrade City Hall pedestrian paths, including adding lighting and railing.

Cost: $75,000

23. Community Center Kitchen Renovations (#4022)
Description/Notes: Upgrade kitchen to meet current health and safety codes.

Cost: $75,000

24. Replace Theater Lighting in Library Auditorium
Description/Notes: This project would replace the existing theater lighting in the Library auditorium with more effective, efficient LED fixtures to benefit the many presentations and performances held on the auditorium stage.

Cost: $50,000
Date added to this list: June 6, 2023
H.1.g
Packet Pg. 126 Attachment: Master Unfunded CIP Project List (3150 : Adopt Budget FY 2024 and FY 2025)

25. Camino Pablo Median Landscaping Upgrade – Santa Maria to Camino Encinas.

Description/Notes: Landscaping upgrade for remaining areas following 2019 project. Note:
fire evacuation curb cuts need to be considered
Cost: $120,000
Date added to this list: June 7, 2022
Planning Dept.

26. Near-Term Downtown Pedestrian Safety and Beautification Enhancements Description/Notes: The project area for this project is focused on the connections between the Theatre District and BART and the Village District and BART. This includes re-opening the second pedestrian entrance to BART, beautification of the pedestrian undercrossing, pedestrian safety and comfort improvements, and improving the landing of the walkway from the pedestrian bridge from BART to the Village District, including creating a gateway to the existing pedestrian bridge near the southern end of Orinda Way (as detailed on pages 22-27 and 36-38 of the ConnectOrinda Plan). Potential funding could come from Measure RR and CCTA Measure J. Ref.

CCTA CTPL potential project #3043.

Cost: $50,000 - 650,000

27. Construct Living Landscape Berm on Bryant Way
Description/Notes: Enhance Bryant Way through visual screening and freeway noise attenuation by creating an earthen mound with vegetation on top of it along the freeway side of Bryant Way (as detailed on pages 42-44 of the ConnectOrindaPlan). (Note this project is an expansion of the “Visual Screening Enhancements” project which appeared in the 2019-2023 Potential Project List (F). The planting work in that project was completed) Cost: $200,000 - $400,000

28. San Pablo Creek Restoration (CIP Project #4159)
Description/Notes: Perform creek hydrology study work, determine potential creek alignments, determine trail alignments for future pedestrian creek trail, provide a pedestrian connection to the de Laveaga (EBMUD) trail, and perform property acquisition due diligence. Plan for public creek access (as detailed on pages 28-32 of the ConnectOrinda Plan). Future creek restoration phases would include CEQA compliance and project implementation. Note: The State Water Board has allowed mitigation fees (from creek/culvert project regulatory permit conditions) to be paid into this project. Note: A portion of this work (technical/ hydraulic evaluations) was included as part of the Downtown Precise Plan CIP Project #4163. Friends of Orinda Creeks performed section of restoration work (behind Vintage House property) in fall 2022.

Cost: $125,000 (study only)

29. Library Terrace Area Pedestrian Improvements
Description/Notes: This project will include replacing the existing surface material with decomposed granite, installing string lighting (if not already completed through remaining ConnectOrinda funds), permanent games (such as concrete foosball), and outdoor furnishings that transform the area into a well-used area for people of all ages that remains beautiful (as detailed on pages 33-35 of the ConnectOrinda Plan).

H.1.g
Packet Pg. 127 Attachment: Master Unfunded CIP Project List (3150 : Adopt Budget FY 2024 and FY 2025) Cost: $100,000

30. Murals Along Camino Pablo Near State Route 24
Description/Notes: Create murals along Camino Pablo near State Route 24 and Vashell Way. This includes the pedestrian bridges between the two sides of Downtown and BART (as shown on pages 61-62 of the ConnectOrinda Plan). The Vashell Way mural would be located on the south-east wall of the Casa Orinda building (as shown on page 40 of the ConnectOrinda Plan).

This project includes funding for the community process of selecting qualified artists as well as partial funding for the murals. The intent is to use the city funding as seed money to be used as matching funds for community fundraising. Staff will outreach to the community groups for possible partnerships and potential philanthropic giving to fully fund the mural art desired by the community.

Cost: $10,000 (seed money only; private donations needed to implement project)

31. Vashell Way Pedestrian Activation
Description/Notes: Enhance Theatre District activity through transformation of Vashell Way into a part-time pedestrian alley. The project would include special paving, murals, lighting, and bollards (as detailed on pages 39-41 of the ConnectOrinda Plan). Potential funding could come from Measure RR and philanthropic community groups/community members.

Cost: $250,000
H.1.g
Packet Pg. 128 Attachment: Master Unfunded CIP Project List (3150 : Adopt Budget FY 2024 and FY 2025) City Council
Staff Report
Agenda Item: H.2
Date: June 20, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award a Construction Contract to Replace Retaining Wall on Camino Sobrante (adjacent to #56) to Cowan & Thompson Construction, Inc., of Martinez, California (City Project #PW 1.14) and Appropriate Necessary Funding RECOMMENDATION:

Staff recommends that the City Council: (1)
Waive the competitive bid process for the subject work to replace a deteriorated retaining wall impacted by Winter Storms adjacent to #56 Camino Sobrante; (2) Award a construction contract for said work to Cowan & Thompson Construction, Inc. for an amount of $149,175; (3) Approve Budget Change Form (Attachment D).

BACKGROUND:

The retaining wall at the subject location (see map, Attachment A and photo, Attachment B) is in failed condition; damage occurred or was exacerbated on or around January 12, 2023, during the declared Winter Storms emergency. The city engaged an on-call geotechnical engineering firm (Fisher Geotechnical) to evaluate the damage, perform soil borings and analysis, and recommend repair options. Plans were prepared on an expedited basis for an emergency repair and were finalized on June 1, 2023. An on-call contractor the City utilizes (Cowan & Thompson) provided a proposal for the work (Attachment C), for a total price of $149,175. It should be noted that two options for repair are provided in the plans and the proposal: Option 1, the entire 84 lineal feet of retaining wall or Option 2, the absolute minimum work, which would replace only 50 lineal feet and cost approximately $88,000.

DISCUSSION:

The City has applied to the Federal Emergency Management Agency (FEMA) for Winter Storm damage assistance for the declared Disaster # 4683DR, during which the subject wall damage occurred. As such, emergency work (“Category B”) is eligible for reimbursement if it is completed within 6 months of the federal declaration date (January 14, 2023). Therefore, the city must complete the emergency work (replacement of the wall) no later than July 13, 2023. For these reasons, it is recommended that City Council waive the competitive bid process for the subject work and determine this emergency repair qualifies as an exception to the bidding requirements under Muni code section 2.55.100. Staff has compared the bid price to recent comparable work (e.g. City project #4152, slide stabilization work on Camino Sobrante) and believes the pricing is reasonable. Cowan & Thompson is able to procure materials and complete the work by the deadline described above.

H.2
Packet Pg. 129
It is recommended to replace the entire wall at this time rather than only perform Option 2, and leave a section for later. Ultimately the entire wall should be replaced and aesthetically it is better to have one uniform wall on this heavily used roadway.

The subject retaining wall supports the hillside above a narrow section of Camino Sobrante and if not replaced, full failure would partially or completely block this roadway, which is a major collector and a main entrance to the Orinda Country Club.

NEXT STEPS:

Upon award of the subject contract to Cowan & Thompson, the City Manager will be authorized to execute the standard form of construction contract, subject to approval as to form by the City Attorney. Cowan & Thompson is in the process of procuring materials and has reviewed the proposed contract. Construction will be scheduled immediately and performed to meet deadlines described above. The City will include the cost of said work in its reimbursement requests to FEMA for Category B work, however it is possible that only the identified Option 2 work (50 lineal feet/ $88,000) would end up being eligible for reimbursement.

FISCAL IMPACT:

Since this project is not included in the proposed Capital Improvement Program which is also being considered this evening, Staff requests that Project PW1.14 be established with an appropriation of $180,000 being allocated from the General Capital Improvement Fund #700 per the attached Budget Change Form (Attachment D). Fund #700 has sufficient financial resources available during the coming 2-year budget cycle to fund this project. This is consistent with the draft CIP project detail page (Attachment E). We will be seeking FEMA reimbursement for the cost of the project to greatest extent possible and if successful, those funds will be returned to the General Capital Improvement Fund.

ATTACHMENTS:

A. map - Camino Sobrante near #56
B. Photo looking northeast
C. C&T Proposal 3421-City of Orinda-56 Camino Sobrante
D. Budget Change Form- Camino Sobrante Retaining Wall Project PW1.14 E. Project Detail Sheet PW 1.14 Retaining Wall
Respectfully Submitted by:

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

H.2
Packet Pg. 130
H.2
Packet Pg. 131
H.2.a
Packet Pg. 132 Attachment: map - Camino Sobrante near #56 (3153 : award contract Cam Sobrante ret wall) H.2.b
Packet Pg. 133 Attachment: Photo looking northeast (3153 : award contract Cam Sobrante ret wall) PO Box 1514 Martinez, CA. 94553 925.372.9412 office 925.372.0206 fax www.cowanthompson.com Lic#595745 June 8, 2023
City of Orinda Project: 56 Camino Sobrante, Orinda
22 Orinda Way Demolish & replace failed wall
Orinda, CA 94563 Bid #: 3421
Attn: Scott Christie Valid Until: 30 days from bid date [email protected] C&T Contact: Andy Cowan
Scott,
Thank you for the opportunity to bid your project.

Option 1
To demolish and replace the wall according to the plans and specs by Fisher Geotechnical for a price of $149,175.00
Option 2
To demolish and replace a selected section of wall (partial) at a rate of $1,755 per lineal foot.

If you have any questions, please don’t hesitate to call.

Thank you,
Andy Cowan
H.2.c
Packet Pg. 134 Attachment: C&T Proposal 3421-City of Orinda-56 Camino Sobrante (3153 : award contract Cam Sobrante ret wall)

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2023/2024
Funds Appropriated Yr 1 of Biennial Budget
CHANGE FORM # 001-24
New Appropriations (City CouncilApproval Required): Budget Transfers:

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

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

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2023-24:
700-35-0-7127-PW1.14

CAPITAL IMPROVEMENT FUND / PUBLIC WORKS / NO PROGRAM /

CONSTRUCTION / CAMINO SOBRANTE RETAINING WALL
$180,000
As Presented at the City Council Meeting on: June 20 ,2023 #################(Finance Use Only)###################
NOTE: FY 2023 Not In System – NEED TO INCORPORATE WITH MID-CYCLE ADJ Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: Due to timing of project and FEMA grant rules, this project did not get included in the Proposed CIP which was presented to Council on June 20, 2023. In a separate agenda item, Staff recommended PW1.14 be established with an appropriation from Fund #700
H.2.d
Packet Pg. 135 Attachment: Budget Change Form- Camino Sobrante Retaining Wall Project PW1.14 (3153 : award contract Cam Sobrante ret wall) Capital Improvement Plan
City of Orinda, California Contact Public Works (925) 253-4231 '22/'23 '27/'28 thru
Department PUBLIC WORKS
Description
Repair/replace winter storm damaged retaining wall upslope of roadway near 56 Camino Sobrante. Damage occurred or was exacerbated by rain storm and drainage issues on or around January 12, 2023.

Project # PW1.14
Justification
If this retaining wall is not repaired, the retained soil may cause blockage of the road. This roadway is a major collector, and a main entrance to the Orinda Country Club.

Budget Impact/Other
Useful Life
Project Name Camino Sobrante Retaining Wall Repair Category TRANSPORTATION / DRAIN Type DRAINAGE
Total Project Cost: $180,000
Expenditures '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 7180 Planning / Environmental 15,000 15,000
7127 Construction Costs 165,000 165,000
7126 Construction 0 0
Management
Total 15,000 165,000 180,000
Funding Sources '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 700 Capital Improvement 15,000 165,000 180,000
(General)
Total 15,000 165,000 180,000
2022/23-2027/28 CIP Wednesday, June 14, 2023
H.2.e
Packet Pg. 136 Attachment: Project Detail Sheet PW 1.14 Retaining Wall (3153 : award contract Cam Sobrante ret wall)