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CITY COUNCIL
AGENDA
Tuesday, October 17, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 10.17.23
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 10.17.23
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
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. September 19, 2023 Closed Session
2. September 19, 2023 Regular Meeting
3. October 3, 2023 Closed Session
4. October 3, 2023 Regular Meeting
F.2. Approval of a Side Letter of Agreement between the City of Orinda and Teamsters Local Union No. 856
Recommendation:
Staff recommends that the City Council adopt Resolution No. 57-23 authorizing the City Manager to execute the Side Letter of Agreement between the City of Orinda employees represented by Teamsters Local Union No. 856 effective October 21, 2023.
F.3. Amendments to Unrepresented Employee Manual to Address Recruitment and Retention
Recommendation:
City Council
Agenda Page 3 10.17.23
Staff recommends City Council approval of Resolution No. 61-23, amending the Unrepresented Employee Manual Articles 1 and 2 with regard to the following updates: 1) Establish a 5-Step Salary Range for new employees 2) Add Article 1.9 Longevity Pay, and 3) Adjust Article 2.5 Performance Based Salary Increases and 4) Delete Article 2.6 F.4. Approval of Salary Range Adjustment for City Clerk Classification and Amendment of Consolidated Salary Schedule
Recommendation:
Staff recommends City Council approval of Resolution No. 56-23 approving a salary range adjustment for the City Clerk classification and amending the Consolidated Salary Schedule to reflect same effective October 7, 2023
F.5. Adopt Orinda Local Road Safety Plan (LRSP)
Recommendation:
Staff Recommends the City Council Approve Resolution 58-23 Adopting the Orinda Local Roadway Safety Plan.
F.6. Approve the Design of the Moraga Way and Valley View Drive Rectangular Rapid Flashing Beacon Crossing (City Project #4188) and Award Construction Contract to Columbia Electric.
Recommendation:
Staff recommends that the City Council: 1) Approve the design of the subject project; 2) Award the construction contract to Columbia Electric, Inc. of San Leandro, California for an amount of $156,420; 3) Authorize the City Manager to administratively approve contract change orders up to $23,480 (approximately 15% contingency); 4) Approve attached Budget Change Form increasing budget by $100,000; and 5) Authorize City Manager to execute a contract on behalf of the City, subject to approval as to form by the City Attorney.
F.7. Approving As-Built Plans and Acceptance of Group 1 Stormdrain lining Project (CIP Project Nos. 4167 & 3100)
Recommendation:
Staff recommends that the City Council adopt Resolution No.59-23 Acceptance of Work for Group 1 Stormdrain lining Project (CIP Project Nos. 4167 & 3100 with National Plant Services, Inc., and Approve the AsBuilt Plans for this Project. Authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Resolution 60-23 establishing a Fee Holiday in support of Downtown Revitalization
Recommendation:
City Council
Agenda Page 4 10.17.23
Staff recommends that the City Council adopt Resolution 60-23, Establishing a Parking Variance In-Lieu Fee Holiday for Use Changes From General Retail to Personal Service and/or Restaurant Uses in Existing Buildings.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. CLOSED SESSION
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters
3. CLOSED SESSION
4. REPORT OUT OF CLOSED SESSION
A. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Manager David Biggs
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.
M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, November 07, 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
City Council
Agenda Page 5 10.17.23
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.
AGENDA TITLE: City Council Minutes
RECOMMENDATION:
Approve City Council Minutes:
1. September 19, 2023 Closed Session
2. September 19, 2023 Regular Meeting
3. October 3, 2023 Closed Session
4. October 3, 2023 Regular Meeting
ATTACHMENTS:
A. City Council Closed Session Minutes of September 19, 2023 B. City Council Minutes of September 19, 2023
C. City Council Closed Session Minutes of October 3, 2023 D. City Council Minutes of October 3, 2023
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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September 19, 2023
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
6:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Miller called the meeting to order at 6:00 p.m. and City Manager Biggs called the roll. All Councilmembers were present except Councilmember Malkani who had an excused absence.
OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.
C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There was one from the public who spoke.
D. CLOSED SESSION
A. 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.
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 7:00 P.M.
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 1 of 32 09.19.23
SEPTEMBER 19, 2023
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 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: Brandyn Iverson, Latika Malkani, Janet Riley Mayor Inga Miller
COUNCILMEMBERS ABSENT: Vice Mayor Darlene Gee
B. PLEDGE OF ALLEGIANCE – Led by Mayor Miller.
C. ADOPTION OF AGENDA
Mayor Miller stated she did not believe the Council will need to meet in Closed Session and suggested they move the third item to the next City Council meeting, given the length of tonight’s meeting.
MOTION by Councilmember Malkani, and seconded by Councilmember Riley, to adopt the agenda, as amended. Said motion carried by unanimous (4-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of New Assistant Engineer, Jihawna Johnson Public Works Director Scott Christie introduced the City’s new Assistant Engineer, Jihawna Johnson, and provided an overview of her background, experience with city government, education, and qualifications.
Assistant Engineer Jihawna Johnson thanked the City Council and staff and she looks forward to working with the City of Orinda.
Mayor Miller and Councilmembers welcomed Ms. Johnson and gave her a City of Orinda pin.
E. PUBLIC FORUM
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John Stewart, Wilder resident, called attention to the fact that the master developer is misrepresenting the state of the EVA gates. He checked before this meeting and neither of the locks to the security gates at the top or bottom are securing the gates closed. He asked the City needs to hold the master developer to the terms of the agreement that they entered into, citing potential consequences to residents and the obligation of the City and Fire District to ensure the gates are secure.
City Manager Biggs stated the developer is planning to look at the gates this week and it is the developer’s responsibility to maintain the gates. He has engaged with the Fire Chief to see if there are any other alternatives, but nothing has been identified. Eventually, the City’s GHAD will have responsibility for maintenance of the gates but this will not occur for a while, so an interim solution should be identified.
F. CONSENT CALENDAR
Mayor Miller asked if there were requests for removal of items or public comments, and there were no requests for removal or public comments.
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. September 5, 2023 Special Meeting
F.2. City Council Meeting Schedule for 2024
Recommendation:
Adopt City Council Meeting Schedule for 2024
F.3. Quarterly Report of Cash Disbursements for the Period April 1, 2023 through June 30, 2023 and Summary of Revenue, Expenditures, and Preliminary Fund Balances for July 1, 2022 through June 30, 2023 Recommendation:
Staff recommends that the City Council receive and file this report of cash disbursements, and preliminary fund balances for the period of April-June 2023.
F.4. Authorize Contract Amendment No. 3 with Schaaf & Wheeler Consulting Civil Engineers for On-call Civil Engineering Services for the San Pablo Creek Culvert Repair Project (#4187)
Recommendation:
Staff recommends that the City Council approve Contract Amendment No. 3 with Schaaf & Wheeler Consulting Civil Engineers to increase the contract value by $174,000 and extend the term of the agreement to June 30, 2026.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 3 of 32 09.19.23
MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to approve Consent Calendar Items F.1.1, F.2, F.3, and F.4. Said motion carried by unanimous (4- 0) roll call vote.
G. PUBLIC HEARING
G.1. (a) Discussion of a proposed dedication of a portion of the parcel at 11 Orinda Way (Chevron Station) that was part of a convenience market project approved by the Planning Commission, contingent upon City Council adoption of Ordinance 23-04; and (b) Public Hearing regarding Ordinance 23-04 which would Amend Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district—Use restrictions) of the City’s Zoning Code to Update Rules Applicable to Convenience Markets and Other Ancillary Retail Uses at Service Stations (applicant: Chevron).
Recommendation:
Staff recommends that the City Council 1) consider the question of the dedication of the creek portion of 11 Orinda Way as fee or through an easement; 2) waive the full reading of the text and introduce Ordinance 23- 04, amending Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district-Use restrictions) to update the City’s rules regarding convenience markets and other ancillary retail uses at service stations; 3) find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change in the environment, directly or indirectly.
Planning Director Drummond Buckley stated Assistant Planner Darren Hughes was planning on presenting this item, but he is delayed. He then asked and the City provided, an overview of the hearing process for the item.
Mayor Miller disclosed that she met with the applicant and had a brief conversation also with Councilmember Iverson about alternatives for an assessment district if they found accepting fee ownership of the parcel or easement was not acceptable. Mayor Miller said she sat next to Juliette Don, the applicant, at the SSTOC meeting last week who told her if she had any questions to contact her.
Councilmember Iverson disclosed she toured the site, was on the Planning Commission when this came through and she participated in the public hearings then. She has spoken with the applicant, Juliette Don, a few times during the intervening year while she has been on the Council not in the context of any active hearings. They held a conversation over the weekend about some of the procedural aspects of tonight’s choice set.
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Councilmember Malkani said she has had interactions with Ms. Don about the Orinda Chamber of Commerce but never discussed the public hearing item at all. She received statements and positions in support of the project from a couple of residents, the Waterman’s and Amelia Wilson.
Planning Director Drummond Buckley gave the staff report and overview of the proposed dedication of the creek portion of 11 Orinda Way as fee or through an easement, consider waiving the full reading of the text and introduce Ordinance 23-04, amending Section
17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district-Use restrictions) to update the City’s rules regarding convenience markets and other ancillary retail uses at service stations.
Staff would prefer an easement than the fee dedication. Since they had this legislative action coming up, he asked for feedback from the Council because even if the project were approved as is in the future, acceptance of the dedication would have to return as a stand-alone decision. Separately, there would have to be a lot line adjustment or subdivision of the property in order to allow for the conveyance, which is also not before the Council.
Mayor Miller said she would assume both parts of this must be approved at the same time, and Mr. Biggs stated the CUP already exists with no language about the dedication either being an easement or a fee dedication.
City Attorney Osa Wolff stated Chevron has offered, as part of their application, the fee option. That was approved at the PC meeting which is subject to this legislative change.
Councilmember Iverson said she thought that was removed based on the minutes she read from the meeting. Ms. Wolff said staff recommended a condition that would have required it only to be an easement, but that condition was removed by the PC. That leaves Chevron’s proposal which is to grant fee.
Councilmember Iverson asked if the City has a binding offer to grant the fee from them in what is currently approved. Ms. Wolff said it is shown on the approved plans.
Mr. Buckley said the City would either need to do a lot line adjustment or a subdivision on a different parcel in order for the offer of dedication to become formalized.
Mr. Biggs added that this is not unusual that a map or an approval would include an offer of dedication or an easement, but that would be documented in later steps. Regarding whether their offer is binding, if the legislation is not passed the entitlements fail because the zoning change will not have been made.
Councilmember Iverson said if it was passed, she asked if the City gets any of the land or she asked if it is a theoretical handshake for the future. Ms. Wolff said as a condition of getting their building permits, staff goes through all conditions and consistencies with the application. At that stage, if the Council decided it wanted fee, they would work together to draw up fee title transfer documents.
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Mayor Miller asked and confirmed there is one decision before the Council which is the decision on the legislative change, but staff would like input on the fee versus easement issue.
Councilmember Iverson said she does not want to be put in the position of being asked to give a “yes” or “no” to the legislative piece without great clarity on what exactly the land portion of the deal is and its terms. She still does not quite understand how they get clarity on the land portion if they were to proceed tonight on the legislative change.
Mr. Biggs explained that he discussed this and it is the nature of the fact that the CUP was not appealed. The condition would state that specifically Chevron provide the property either as an easement or dedication. This would be language to state they would provide an offer of dedication and an offer of a non-revocable easement. It still would not necessarily spell out all of the terms. If the Council is not comfortable with lack of clarity on this first question, they could defer the decision on the legislative change and ask staff to bring back that clarity where staff would work with Chevron to develop and present to the Council an offer of dedication, either a fee or easement. The actual decision to accept that would not occur until after the project were complete.
Councilmember Riley said that question is open now and it will remain open even after the Council decides the legislative matter.
Mr. Biggs said he thinks the intent was to share this and let Chevron hear the Council’s perspective on the matter because of the discretionary decision before them in regard to the zoning change. Even if the Council had agreed to a dedication of the property, the final acceptance comes back as a separate decision with the appropriate instruments.
He thinks the idea here is to proceed in good faith, recognize this is a legitimate policy question, and the Council has an opportunity to weigh in on that. If the Council is concerned and wants to accept the dedication offer, this would still return as a separate item where they would have to have indemnification language, etc. So, it is a bifurcated decision in any instance.
Councilmember Riley said tonight is their opportunity to negotiate or talk about all the possibilities, and Mr. Biggs confirmed. After the Council hears the presentation, hear public comments, and thereafter, staff recommends first taking the question of whether the Council has a preference for fee or easement, how to address concerns that this is binding, and then turn to the merits of the legislative case.
Mr. Buckley then described the legislative change. Currently, convenience markets are limited to no more than 40 square feet at service stations and this ordinance would remove that limitation. It also would remove a limitation regarding the minimum distance of a convenience market to schools, playgrounds, and youth facilities as well as a provision regarding the vicinity between the convenience market and churches and hospitals.
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It would also create some new standards. It would continue to require a commercial use permit for a convenience market and service station. It would require the pedestrian entrance to the market be within 35 feet of the public right-of-way, require at least 25 feet of frontage to the right-of-way along where the pedestrian entrance was located, require that the market offer fresh food, continue to enforce the definition of take-out restaurant if there was such a use, and would clarify between a liquor store and a convenience market so there was not confusion in the code as to whether a convenience market was a liquor store.
He presented the 4 existing service stations in Orinda where this could potentially apply to in the future: Chevron, the Shell station, 76 Station, and Mash Gas and Food. He cannot say whether all stations would be able to meet all development standards contained in the ordinance so it is possible that the size or configuration of the other parcels would make it difficult or easier to meet some of the standards. The project is categorically exempt from CEQA.
Staff has received public interest in the project and received 26 written comments before the last PC hearing. Some comments relate to the project and some relate to the proposed legislative change, which he described as support for the project because of the creek component, support due to economic revitalization issues, opposition relating to convenience stores attracting crime, alcohol sales, not enough parking specific to the Chevron proposal, increased traffic, and tonight, staff received 5 written comments in opposition with concerns regarding attracting crime, not amending the code to benefit a single project, no need for more liquor in town, concern about minors having access to liquor, concerns with traffic congestion, and the idea that there are other places where people could get the same items they would get from convenience markets.
Staff recommends the Council consider the dedication issue and are recommending the Council adopt the ordinance with the legislative changes outlined in the presentation.
Councilmember Iverson asked Mr. Buckley to provide the major liability as to the fee versus the easement and the mitigation for either party as to the risk they would keep or take on.
Mr. Biggs said this is outlined in the staff report under the bullet points. There are pros and cons. His experience is that cities are not generally offered the most prime portion of the property. From staff’s perspective, the goals relating to the creek will mostly be accomplished on private property. This was the reason for their preference for an easement. It has to do with issues to providing public access to the area. The easement is alongside the property which is how people would get down to the creek, and staff would recommend the easement. There can always be potential liability for the property owner or using an easement, but this keeps Chevron in the equation.
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Also, the maintenance of the property like fire fuels reduction would still be the obligation of the property owner. If the City had the easement they would have to indemnify and defend the developer based on the public use, but if there were things like a storm washing away the slope that supports the retaining wall, the City would be obligated for that because the City would be the property owner. It would stay on the tax rolls. The regulatory agencies would look to Chevron for compliance. Staff also has concerns this is a gas station site and there is the potential for hydrocarbon related contamination issues. Chevron has said they could develop language that addresses this, and in his discussions, there would be language in the easement that would have the City obligated to defend and indemnify and certain provisions, and this parcel would result in a smaller parcel being assessed for tax purposes.
Councilmember Riley asked if staff brainstormed other ways to solve this. She asked if the assessment was discussed. She has been thinking of whether or not they could do a land trust so ultimately the City has the entire strip owned by one land trust or assessment and they have a continuous easy way for all the matters being handled and beautiful access to the creek.
Mr. Biggs said they have had discussions about some alternatives but being mindful of Chevron’s particular entitlements, this is one of the few parcels along the creek with the other portion closer to Camino Pablo which was given to the City as surplus Caltrans right-of-way. So, the idea of someone else owning it or another non-profit or land trust, this did not come together in the context of this entitlement application. The property owners further along the creek would have to agree in some form to incorporate their property into that and this raises the question of takings potentially, especially outside of where they might be pursuing an entitlement. Other than this area, the Orinda Way property owners, except for some Contra Costa Sanitation District property, the property owners on the other side of the creek own all the way to Camino Pablo. The City has an easement for flood control purposes along there, but this is in the context of an easement.
So, it did not seem appropriate to explore those.
The City does have a section in its Downtown Precise Plan that looks at accomplishing the goal of restoring trails and access to the creek. That assumes some level of future participation of the private property owners, but this would come forward as properties redevelop.
Councilmember Malkani said other than the land trust, fee or easement, she asked what other options could there be in terms of how this property is decided upon. The assessment district was interesting to her.
Mr. Biggs said the assessment district is a financing mechanism. It does not necessarily result in public ownership of the property. This still requires all property owners to join in, so this might be a possibility if, for example, the property owner’s assessment district agreed to a plan and they were looking at ways to finance creek and trail improvements/installation outside of it being their project development. They would pay the assessments and fund those improvements.
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Mayor Miller said there might be an interim potential step of a Community Facilities District where if Chevron was to do the easement, the City would front the cost or see it as a City benefit the cost of forming a CFD for the purpose of doing everything a land owner must do in a creek area right now prior to the City being in a position of acquiring the creek parcel as one large parcel from the landowners. The City would help form a district before the subdivisions of each of these parcels. In order for Chevron to dedicate the land, there must be a map drawn of that parcel that would be dedicated. So, before that is all done and while there is just an easement, this CFD would allow for a collective funding mechanism by the owners of all the parcels on the creek to pay for their cost, ensuring they are in compliance with fire codes and making sure work is being done as property owners along there. At the point where all of them were ready to map a trail, the City might be willing to accept that dedication of property from all owners on the basis there was a true public benefit in that there could be a creek trail.
Right now, the Council does not know what that benefit would be, if there could ever be a creek trail along there, and what was known as the County owned parcel behind known as the Vintage House property as a part, and the part behind the Post Office, Bank of America, and to the Safeway part. If there could be a CFD, until everyone was ready to dedicate that to the City, that would help those property owners have some mechanism to collectively finance these on-going costs and that Chevron rightly sees an opportunity to dispense with by dedicating their property to the City.
Mr. Biggs said these types of mechanisms might be discussed in the Downtown Precise Plan as tools that might be available in the future. But, forming a single property CFD could be done and then properties could annex in as it becomes available, but the property owners are paying the assessments.
Mayor Miller asked if creating a CFD requires 100% or a majority of property owners. Mr.
Biggs said he believes it requires 50% of those who would be paying assessments. A CFD could be formed with one property owner voting yes with the potential to annex others in.
Mayor Miller said her idea is that the CFD would have to be all of the creek parcels, and Mr. Biggs said this would be difficult to achieve that anytime soon.
Mayor Miller called on the applicant for a presentation.
Juliette Don, Corporate Affairs Representative, Chevron, said she grew up in Orinda and is also a homeowner and resident, and cares about the community. They appreciate the PC’s approval of their proposed renovation project at their company-owned and operated station located at 11 Orinda Way and the recommended revisions to the City’s Municipal Code that are required for their project. They welcome the opportunity for the Council to review these changes and urge the Council to approve the revisions to the OMC to help bring this project and its many benefits to the community.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 9 of 32 09.19.23
She would like to see a more vibrant downtown and their project would transform the station’s unused auto service bays which have resulted in a vacant building for many years into a station with enhanced food, beverage offerings, and fresh aesthetics, along with the potential for pedestrian access to San Pablo Creek. They have worked closely with City staff and the PC on this latest iteration of this project for more than 4 years and have worked to ensure the project includes features like an overlook deck showcasing the creek, pedestrian-oriented design, access points, and seating. Those are all unique and will help advance the City’s intent and vision for downtown Orinda and the City’s guiding principles such as ConnectOrinda. She introduced Katie Cabler, Chevron’s District Sales Manager responsible for their Northern California, Oregon, and Washington stations.
Katie Cabler, District Sales Manager, said she wanted to remind everyone of the project benefits listed in the slide. In addition, they are offering to dedicate the property adjacent to the creek to the City in fee so the City can enhance the vision for accessibility to the creek. They will also provide an easement along the north property line along with the fee dedication to create pedestrian access from Orinda Way to the creek. They can be flexible on the timing of when the land transfers and easement occurs to help accommodate the City’s desired timing. Chevron will need an access easement for maintenance of the land adjacent to their building, including the retaining wall located on the west side of the property which they will maintain.
In the documentation associated with the fee transfer they will need appropriate liability protection, will provide their standard environmental indemnity to the City as part of the documentation for the fee transfer of the creek land; however, if the City does not want ownership of the land, Chevron is prepared to proceed with the project without the land donation and easement on the north side of the property. They are not trying to dispense of the land. The City would still receive many other benefits of the project, including the creek observation deck, bike parking, the first EV charging station in town, a remodeled convenience store with pedestrian-friendly access and pathways, multiple seating areas, increased availability of food and drinks and convenience items after other businesses in town have closed for the day.
She is confident they are offering the City a great project but the point she emphasized is that regardless of staff’s position, Chevron will not undertake the project with an easement grant to the City for the Creekside land. She has a responsibility to steward Chevron’s business at the site and the best interests of the business and will not authorize an easement over their creek area land. If Chevron donates the creek area land to the City it will be in fee, with ownership passing to the City at the time of the donation. The PC carefully reviewed the issue and supported Chevron’s proposal to donate the land despite staff’s objections.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 10 of 32 09.19.23
Regarding a few points of misalignment they have with the staff report regarding the creek area land transfer, contrary to staff’s report, a parcel split for the fee transfer is a simple over the counter approval. Chevron will pay for the application fee and staff time and prepare a land survey to generate the legal description of the new lot. The parcel split process is not burdensome for the City. Chevron has deep experience transferring current and previous station land. Parties that acquire land routinely accept standard environmental indemnity giving assurance that if in the future Chevron will handle hydrocarbon remediation that resulted in Chevron station’s operations.
She stated Chevron has no desire to remain on title for the land used by the public for recreation behind their retail station. They do not want any possible distractions from their core retail business whether in the form of any public complaints or any regulatory agency questions or approvals that are needed in the future with the City’s development of the parcel of land such as for a trail or park. Chevron will continue performing maintenance in the fire fuel reduction on the creek parcel until the transfer date. After dedication, it would be in the City’s interest to take over the work so it can operate and maintain the creek parcel as it sees fit.
She also stated the staff report did not reveal that Orinda already owns the land on the other side of the creek across from the Chevron creek area land so taking ownership of Chevron’s creek area land is not a major departure from the City’s current land profile.
Finally, any loss of property tax from the creek parcel sliver of land will be small and far offset by the additional sales tax revenue generated by the new convenience store for the City. In conclusion, she asked that the Council approve the ordinance text amendment and not defer the decision to progress the updating of their site and the offerings in their store. She said she was available for questions.
Councilmember Iverson referred to page 5 of the slide presentation, stating when she was on the PC when they heard the story about fresh food, when she read the minutes of the PC meeting, it felt like a significant retraction. She understands defining fresh food and making the Planning Department enforce it was almost impossible and she understands why it was taken out, but what Chevron offered in the minutes of the final approval was a few cartons of milk and butter and dairy in a back cabinet. The pictures where Chevron shows grab n’ go towards the front of the store feels deceptive if that is not what they are doing. If this is what Chevron is doing, that feels to her like a different and complementary offering to what there is at Safeway and Rite Aid because it is less grocery and more grab-n-go food. She therefore asks what will be there because they have heard various versions, with the public corresponding also on the question.
Ms. Cabler stated as the picture shows, they typically offer the same convenience items, food, and beverages, so this would be pretty representative of what one would see in a medium to large-sized store. When they met with the PC, they approved some language around providing fresh food “such as” and then listed some typical fresh food carried in their stores which can be seen in some of the pictures. For example, in the recharge station, there are fresh sandwiches, yogurt, milk, and eggs in the deli cooler, string cheese, and snack packs.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 11 of 32 09.19.23
Councilmember Iverson said every interstate gas station mart does not have a deli style take out with fresh sandwiches. The Council has received so many letters from people, and she wants to understand if this format at a “typical medium to large company store” is what Chevron is doing here or she asked if it is not what is proposed here.
Ms. Cabler stated they would rely on their standard merchandizing format for this store as they have in their other stores because they get a lot of synergies and cost reductions that come from a standard offering at their stores. To answer the question, the deli styled cooler which has the “recharge” sign above it, this is where the grab n’ go items will be offered. This would have sandwiches, string cheese, yogurt, and many people buy these often times.
Councilmember Iverson asked if they would have one of these recharge stations or not.
Ms. Cabler said yes, they would. She could not tell where the placement of it would be but it would be fairly close to the front of the door. The only caveat would be if the cooler is having temperature problems which would cause a food safety issue. While waiting for maintenance to fix it, they would move items out of that recharge station that are temperature sensitive, get it fixed, and then restock the station.
Mayor Miller stated there are also pictures of fruit, fruit juice, and other similar things, and asked if these were also in the recharge station for this store. Ms. Cabler said they will have 3 baskets of fresh fruit such as bananas, apples, and oranges they offer in every store. Sometimes they spoil and get thrown out, but this is an offering they put in the store, but they are not refrigerated and typically in a stand-alone basket close to the front of the store.
Mayor Miller asked if they have an Extra Mile for the Alamo store, and asked if this would be of the same format as this store. Ms. Don confirmed and said the Alamo companyowned station is off the exit of Stone Valley Road near the Safeway.
Mayor Miller asked if the Alamo store would be similar to what would be provided in the way of offerings at this Orinda store. Ms. Cabler said there are different layouts so things would be located in different areas because the Orinda station is longer and narrower than the Alamo station they have.
Councilmember Malkani said some of the public comments have focused on concerns about crime and whether or not other Extra Mile stores have seen crime including violent crimes. She asked if there is any data or information to be shared one way or the other.
Ms. Don said she has actually had conversations with their Police Chief regarding the convenience store in terms of a crime perspective. As police reiterated, crime could happen anywhere. It could happen in the store the way it is now and that they should not look to discriminate against businesses just because of crime. She also reiterated that Chevron has a global security team that works closely with stations to do everything they can to keep customers and employees safe at these stations. Many of them are former law enforcement. They also have relationships with the local law enforcement, as well.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 12 of 32 09.19.23
Mayor Miller referred to the standard indemnity language, and asked if this has been provided to the City. Ms. Cabler said they have not provided it to the City that she is aware of but should be able to provide it.
Councilmember Riley asked to go over what would happen if the Council did not want to agree to the fee dedication. She asked if this would mean Chevron goes on owning that parcel.
Ms. Cabler said one option would be that they would need to request an amendment to the zoning text amendment so they can move forward with their project, and then they could discuss the land when the Council is ready to discuss it.
Mayor Miller opened the public comment period.
Sandy Roadcap said she would like to speak in support of this project because it has had extensive PC and staff and public input and this is an optimal design that will enhance the gateway to the library, tree-lined civic center, and plaza. The second reason is they have talked for years about revitalizing Orinda’s downtown and a project like this with a minor change in the code and the Council’s approval sets an example for other businesses to upgrade. She understands some of the concerns around an easement.
There was talk of the risk of contamination, but at this level with legal and environmental experience on the Council and elsewhere, environmental liability is comprehensive. If Chevron or any business has contaminated, they are liable for it regardless of who owns the property in the future. What is above ground, that liability is like any park Orinda has responsibility for, so she urged the Council to listen to the applicant on that matter. Her third reason of support is that it will provide the first EV charging station in Orinda and access to the creeks. When her kids were little she would bring them to the library and afterwards she would bring them somewhere for a snack which would build fond memories. So, parents will be able to do this and read their books in the outdoors by the creek.
Maria Brandle said she recently joined the Board of the Friends of Orinda Creek. Her first point is about acquisition of the land that Chevron wants to give to Orinda as part of this proposal. She is passionate about the creek in Orinda, asked who would be crazy to dismiss the creek in town as a second thought and not make it a beautiful resource for the community. She urged the Council to accept the donation because if this stalls and Chevron keeps the land, this will fall back as a complicated idea and the City will miss the opportunity to take the whole part of the creek and make it a beautiful recreational and natural area for the community. When traveling the world, there are huge recreational areas that run along rivers, large and small, and it is the role of cities to make common open space available for residents.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 13 of 32 09.19.23
Marc Evans said he lives in North Orinda and is Chair of the Moraga-Orinda Firewise Network but is not representing them on this subject tonight. He is a strong supporter of this project for one reason—it will increase the sales tax revenue of the City which is needed for roads, infrastructure, and wildfire prevention. It is a convenience store and many people use them. He has used them for years when he does not want to go to Safeway, BevMo or other places. He spends his dollars here in Orinda and this will give people more opportunities to spend their money in town whether they live here or not to increase the City’s sales tax revenues.
Roy Hutchinson said he is speaking in support of the project in business environment terms because as noted, everything is getting more expensive. It is expensive to develop, expensive to remodel, and just to lease the space. Businesses cannot afford that. The solution for that kind of problem with the housing issue was to relax and expedite the process for approving auxiliary dwelling units. In the business space, the impetus is to reduce environmental impact and reduce costs by recycling, reusing, and enhancing the utility of existing infrastructure. This is exactly what Chevron is offering. The City no longer has Starbucks, Subway, a toy store in Theater Square. The City has approved developments at Vintage House and for the memory care center which cannot proceed because of it being cost prohibitive to construct. So, he asked to take advantage of a resource available and funding coming from a corporation that wants to provide retail services to the community, and do the right thing and make something happen for the citizens of Orinda.
Secondly, in the context of the property transfer issue, Chevron is a gigantic commercial property owner and is extremely experienced in how to develop properties, work with cities, and to provide best practices through their corporate governance measures for things that set precedent, such as how to handle the creek bank issue behind the station.
He would suggest independent of this project, there is wisdom in working closely with Chevron’s experts to understand how to set a best business practice precedent for the development of the creek properties within the town.
Brad McCullough said he is in favor of Chevron building a convenience store and encouraged the Council to approve the changes to make that happen. He likes the idea of having a full convenience store at this location where there are no other choices. The access to the south end of the creek will be a huge long-term benefit for the people of Orinda and linking these makes a lot of sense. In general, businesses within certain constraints ought to be able to run their business as it best suits them. He believes the ordinance that limits only the 4 gas stations to a small convenience area is wrong and should be nullified. If the cleaners next door wanted to convert to a convenience store, there is nothing in the ordinance that would stop them from doing that. So, he questioned why a gas station cannot.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 14 of 32 09.19.23
The ordinance reads there can be no variances given by the PC. He read through the ordinance and did not see that wording anywhere else. The whole wording around that section looks like it was done specific to the Chevron gas station and it does not make sense to have that kind of restriction in the ordinance. Therefore, he encouraged its repeal or alteration. As for the dedication to the City, he asked why not take control over it. Postponing it sounds like a good idea because he was not sure the Council will be able to get through all issues around that tonight. But, he is looking forward to having that southern access to the creek available and asked to move forward with the project, vote for approval of the ordinance and have the City take ownership of the property which Chevron is willing to give.
Michael Bowen said for the first time, perhaps ever, a private business owner is “all in” on downtown revitalization and creek restoration. Supporters have provided an extensive list of tangible municipal benefits that this project offers as has the applicant and opponents have offered a rather short list of abstract fears about possible future things that might happen sometime in the future mostly having to do with crime. Some of the commentary does not bear repeating and he thinks the City can do better than that. It is hard to improve upon the many comments in support of the project including extensive written submittals, but he would like to turn to staff’s role in this discussion.
The Friends of Orinda Creeks has spent quite a bit of time to communicate and educate the City Manager about a variety of things and they are struck by the repeated omission of a number of very important principles in this discussion and are concerned the Council has not been fully informed. For some reason, it is never mentioned that the City already has an existing easement in the creek; that the City is the existing flood plain manager in the creek and has an assortment of liabilities associated with that role; that California Government Code 831 provides recreational immunity for liability for public parks, trails, etc. and as to the tax roll, they will have to conduct some research about how much taking the slice of the parcel will really impact the City’s budget. In conclusion, he echoed earlier comments that this creates an incredibly important precedent for the City for a private property owner to gift a portion of their land in fee for municipal benefit, for creek restoration, for public access and enjoyment, and all the things that cities exist to do.
Sandy Pearson said she is new to this issue, but it reminds her something that happened in her neighborhood in 1993 when there was a large subdivision going in of 20 homes on 60 acres in a very winding portion of Miner Road that is a bit dangerous for pedestrians.
They requested the developer allow a trail up on the dirt bank next to Miner Road so there would be a safe place for people walking their dogs. To their surprise, the developers were fine with the concept but they do not want the HOA to bear the burden of the maintenance and liability forever. So, the developers donated the strip of land for a rural sidewalk for the neighborhood to use if the City will accept the donation. The City approved it and neighbors are eternally grateful. They have used it for 30 years and people love it. They do the maintenance themselves and it has not cost the City a penny and there has never been a problem. It was all thanks to Bobbie Landers and other Councilmembers in 1993. They took a chance and it paid off handsomely for all neighbors.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 15 of 32 09.19.23
Mayor Miller commented that former Mayor Eve Phillips found that trail about 6 months ago and took her for a walk on it.
Jennifer Edminster said she is a mother and retired attorney and now works for a charity.
She has attended these proceedings from the start and it seems the issue before the Council is whether or not to make changes to the code. For all the reasons set forth by most of the speakers, she encouraged the Council to make those changes to the code and to effectively “greenlight” this project.
The Council does not need to tackle the easement issue tonight to make those changes and move forward, but she thinks it is worth saying on the issue of the easement that she strongly encourages the Council to accept the parcel in fee simple. She knows from her experience as an attorney, there are laws in place to protect the City regarding liability.
Chain of title is what it is and there are protections in place. She does not want to let this issue of the easement allow the City to forego a golden opportunity to own one of the brightest assets in the community. She asked not to condition this incredible piece of good fortune for Orinda on an unnecessary easement, asked to make the code changes and not worry about the easement issue, and asked to accept it in fee simple.
Alex Evans voiced support of the project, said he spoke before the PC and at that meeting, he reminded the PC that a similar proposal had been floated over 25 years ago for this site. At that time, there was a strong push against it in the sense that maybe if Chevron was told “no” those service bays would be put back in use as service bays. This has clearly not happened. Today, he is again reminding the Council that if they do not allow Chevron to move forward with this project, the service bays will remain empty. He echoed the good reasons put forward to approve this and urged the Council to approve something that the proponent will do.
Rebuttal - Applicant
Ms. Don said she thinks the Council has heard many compelling reasons in support of the project as well as in terms of also accepting the property, as well. In terms of the answer to Councilmember Riley’s question, they are prepared to proceed with the project and leave the land off the table if that is what is decided and cannot reach agreement, although their position is that they think it would be a benefit from a community perspective. There is a lot of passion around the creeks as well as the vibrancy of downtown and the opportunity to revitalize and see a building that is essentially vacant turned to a beneficial use.
In addressing a couple of points, in terms of the matter of public comment it was stated in staff’s presentation that there were only 5 comments and they were all against. There were actually a total of 4 comments that were made and 2 were submitted and included as an attachment to the staff report. Also, Bill and Marie Waterman had submitted a lengthy letter that she believes was part of that and she spoke with City Clerk Smith about this, and they will have that updated as well. There was also 1 more email from a supporter as well, so she wanted that reflected.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 16 of 32 09.19.23
In terms of the concerns that had been raised in the written comments have been addressed regarding crime, issues around some of the access and indemnity, and she thinks Ms. Cabler explained well the reasons why Chevron is not prepared to offer an easement and why the dedication and fee is what they have set forth from that perspective. Again, she encouraged the Council to approve the changes to the OMC.
Lastly, where they had actually decided to resubmit their application because some of the state laws applicable to their project had changed, the impact there would have been on the parking in-lieu fee, yet Chevron has decided even though they are no longer required to pay the parking in-lieu fee, they will donate those funds to the City for pedestrianfriendly projects. She would close with the request of the Council to take the recommendation of the PC and make the revisions to the OMC so this project can proceed and accept Chevron’s position on the land.
Mayor Miller referred to the wording that the proposed use will enhance the pedestrian environment in the vicinity of the service station, and asked Ms. Don to explain this more.
Ms. Don said when looking at the design, they worked closely with City staff and the PC.
When thinking of the walkability of the downtown there are 2 entrances so the idea is that people who are at the station, 1 will be facing the dispensers and there is also the access on the side facing Orinda Way. As people are walking down Orinda Way as it relates to ConnectOrinda and the walkability, there would be that pedestrian access. She then displayed a graphic showing the double entrances and described those at the gas station and the additional entrance on Orinda Way for pedestrians to connect.
Mayor Miller said there is no access to the neighboring parcel, and she asked and confirmed access would be from the sidewalk. She asked if Ms. Don to display the deck.
Ms. Don displayed the graphic and pointed to the deck in the back area. The idea is when looking from a pedestrian-friendly perspective, pedestrians could safely walk to the seating and bike parking as well as the deck.
Mr. Biggs asked to highlight the second door facing Orinda Way and Ms. Don pointed to the second door and the main door, as well.
Councilmember Malkani asked, and Ms. Don pointed out the location of the EV charging station. Councilmember Riley confirmed restrooms were inside the building.
Councilmember Riley asked if there will be an easement or access down the driveway next to the cleaners. She asked who owns the driveway right now.
Ms. Don said Chevron owns 5-6 feet of the driveway and that is where the easement would be where people could walk down the path and access the creek property. Right now, it is a driveway and people drive and walk down there to see the back of the property and creek. It would be a dual path for vehicles and people as a way to get behind the station to the creek, with striping for a 5-foot wide path down. Chevron also owns the wall.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 17 of 32 09.19.23
Mayor Miller closed the public comment period, and returned discussion to the Council.
She is having a lot of trouble separating the issue of the dedication of the property, whether easement or the fee dedication from the policy changes the Council would be making, namely it is tied to the criteria under H-2-A on packet page 150. To her, the dedication of the property is quintessential to that, including that “the proposed use will enhance the pedestrian environment in the vicinity of the service station” and in some of the other ones with adverse impacts. She does not see the ability to simply approve a legislative change here without wrapping up what that dedication is and whether the City is accepting something. She would not feel comfortable accepting land without seeing the agreement.
Councilmember Iverson said in building on Mayor Miller’s premise, everything the Council heard tonight was in support of the project, but there were voices heard throughout the process and in writing that were concerned about getting rid of the original legislation about the 40 foot limit. There were 2 real concerns that drove that. First, drinking and driving. It was the emphasis of liquor sales in gas station convenient stores is very correlated with drinking and driving. They heard from many former City Councilmembers and former Mayors justifying how meaningful that law was when they made it and defending it.
The other thing they heard in the downtown planning process is the City is long on banks and gas stations in the downtown and they do not need more gas stations, but the justification was that they do like the service aspect and the fact you can get your car serviced in Orinda which is something they really wanted to encourage. By making it too easy to have convenience marts relative to service stations, service bays, EV chargers, there was an economic incentive to just do the easy thing of having convenience marts.
So, those are the reasons justifying a “no” answer. She supports the project, but she only was able to overcome those very good arguments against because it was a good quality project and design. She likes everything being proposed, and she really wants the creek land. To her, it was the first presentation which was the offer and when she heard Chevron was threatening that if the City did not give the land, they would not offer the easement and they wanted the convenience store and the City gets an observation deck.
To her, this is a hard “no”. She only supports the change in the zoning ordinance if they get the creek easement or fee. She can support fee and she can talk more about that later, but she feels as strongly that the Council and Chevron can figure out the terms of the land, but she is not supportive of the zoning ordinance without certainty on the other portion.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 18 of 32 09.19.23
Councilmember Malkani said she is getting to the same result as Councilmember Iverson but with different reasoning. She supports the project for various reasons including that they are looking at the transformation of vacant space. One commenter said the vacant service bays have been so for a while so she is excited about the project. She likes the design, aesthetics, thinks it is an advanced Orinda-friendly design, is very excited about finally having one EV charging station available to residents, and she thinks it will offer convenience to residents. Overall, while it is not the market type style with produce, etc. the City has wanted for a while, it is filling a vacant space by something that will get used.
It will also increase tax base revenue, and she likes it independently for all those other reasons. She is also excited about the possibility of taking the creek land and having access to the creek. One resident said, “The job of cities is to make beautiful spaces for their residents.” She agrees with this and everyone is excited about the possibility of the creek land becoming one of those beautiful spaces.
She supports a fee over an easement with the information she has available now, but she would like to see more discussions played out while that is finalized and this would be her feedback. She is very interested in whether they can explore something like a land trust with an assessment district. There were many great ideas, but more work and research is needed on all those issues to figure out how that is accepted, but she is willing to move forward on the ordinance with the notion that accepting this land in fee is a result they want to get to in some format and, if not immediately, in the short term.
Councilmember Riley said she is concerned about the unknown of what would happen if the City owned this in fee. She would like to know more about how the City is protected.
She thinks the Council should not agree to fee until they know more about the protections that may be there for the City. Otherwise, she supports the concept.
Mayor Miller said she agrees with everything that has been said. She knows the Friends of the Creek have been working on the creek trail for so long, wonders how a land trust would work and John Muir Land Trust very much wanted to be involved but made clear that in order to do so, they needed to have the financial resources or an environmental protection indemnity from the City because it was there to ensure the environment was protected but it was not there to pay for it. So, the City would have to be the paying arm.
This might add a layer of bureaucracy and so the City would have to determine whether it wants to take on that liability.
Chevron has been a wonderful partner in this community and is active. Regarding the legislative change, she wants to be sure that for the benefit of everyone that they make the change intended here. She wants to be sure that the legislative change carries forward to the other properties, as well, so the Council is not making a decision for something to be applied in other ways they do not intend, which she described, and emphasized the creek portion is important as well as the EV charging stations. She thinks more needs to return regarding the environmental liabilities involved and the indemnities against those.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 19 of 32 09.19.23
Councilmember Iverson said in the spirit of clarifying what the Council is doing tonight, she supports taking the fee title of the land. She has asked a number of different ways what that liability is and she has gotten comfortable it is absolutely appropriate for the City to own the land as one of several building blocks. They already own the land next to it and across the creek, and she wants to get started on the creek implementation. So, personally she would be comfortable with taking the offer of dedication of the land and passing the ordinance if, between now and when it comes back, it could have the indemnify figured out in some sort of MOU.
She does not know if Chevron’s standard indemnity is going to work and she did not want to agree to their standard because large companies tend to not be the most favorable.
So, she would want the actual form of indemnity to be agreed to as an exhibit, and it is fine if it takes years for the City to accept the land. She would agree with Chevron it is not as hard as it is being made out to be, but she did not think there was any urgency as long as they have a binding offer of dedication, the indemnity figured out, and she likes that Chevron is responsible for the retaining wall. So, she thinks the Council can proceed with adopting the zoning ordinance. She did not feel the need for any changes to it, but was open to suggestions and that they take the offer of dedication of the land.
Mayor Miller said there was a parking in lieu dedication to pedestrian access as well. Ms.
Wolff stated she has heard that Chevron is offering that as a charitable donation to the City as part of its proposed project, but it is not currently a condition of approval. She suggested having Chevron confirm this and reopen the public comment period.
Mayor Miller re-opened the public comment period.
Ms. Don stated Chevron can confirm the donation she mentioned. What they are taking are the funds they would have had to pay in parking-in lieu fees and providing a donation of these funds to the City for pedestrian-friendly projects when they reach agreement in terms of the project and land. It is approximately $26,000.
Mayor Miller said what she is concerned about is circulation, as there have been concerns raised in the past about some of these other site where it would be concerning to add more infrastructure without parking and traffic controls.
Mr. Buckley stated there are other standards that apply regarding circulation. There are minimum driveway widths and minimum parking space dimensions, etc. This will be handled through other means.
Mayor Miller said there have been some circulation issues at the Mash Gas Station with Casa Orinda relating to on-coming traffic as people are coming onto Hwy 24 and voiced concerns with harming pedestrians and children. Mr. Buckley said he believes Mash Gas Station circulation issues has to do with how much business they do and not with the internal design of the gas station itself. He thinks this is a function of their success. He did not know there is a way to create a regulation that would prevent that or somehow mitigate it if there was a convenience market at that location.
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Attachment: City Council Minutes of September 19, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 20 of 32 09.19.23
Mayor Miller said she is worried about removing parking spaces and the requirement to have parking.
Councilmember Iverson said Mayor Miller may recall that the reason they revoked their application, took away the parking and came back was because of a State law where cities cannot require parking one-half mile from a BART station. It has nothing to do with the convenience store 40 foot requirement, and a different project application would be evaluated by Planning.
Councilmember Riley asked if Mash has enough space to add a convenience store, and Mr. Buckley said they have a very small convenience store already, two service bays one of which is used as a smog check.
Councilmember Malkani said if another gas station wanted to convert to a convenience store if the revised ordinance passed, it would still have to go through a conditional use permit where staff would be looking at parking and all conditions.
Mr. Buckley said the planning review is the typical use permit process which is discretionary and required for convenience markets for gas stations currently and with the ordinance.
Mayor Miller referred to Section D on page 147 and asked if this is the commercial use permit requirement. Mr. Biggs clarified that is the ordinance revision that sets forward the goals. The conditional use permit process addresses many additional factors so this is saying that this ordinance change in the code is criteria staff would look at with regard to convenience stores.
Ms. Wolff stated on page 147, she is seeing the Orinda downtown district intent. She asked if Mayor Miller was looking at the attachment to the ordinance. She is seeing the criteria on packet page 158. The attachment contains the language. The first criteria is, “The existence of the proposed use will not significantly and adversely….” Mayor Miller said she is told by staff that those are not the criteria for a CUP and that is a separate process. She had assumed these were the conditions an applicant for a convenience store needed to meet.
Mr. Biggs confirmed and said there are other factors that go into the CUP analysis beyond these and additional standards in the use permit section, as well. Mr. Buckley said it is part of the OMC called commercial use permit. They went through that process for the Chevron project, so those standards were found to be met for that project by the PC.
Mayor Miller said if they remove the parking requirement or not requiring parking and the Council approves these changes that there will be no undoing of these conditions that are meant to provide a project that has good pedestrian access and safety. Mr. Buckley said the use permit is discretionary and is made by the PC or the Council on appeal. It is based upon discretionary standards, so these standards will be reviewed and determine if it can meet those standards.
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Mr. Biggs said though not directly related to Chevron, if another applicant came in like the 76 station wanted to add a convenience space, they would have to meet these criteria.
Staff would also look at traffic, pedestrian circulation, and all other items the City looks at with every CUP for every commercial use. This section of the ordinance only outlines the special conditions that relate to a convenience store.
Mayor Miller said therefore, expansion of the convenience store would not only have to go through this code but also the CUP. Mr. Biggs said arguable, even the Chevron project is replacement of an existing convenience store on site with a larger one in the standalone building.
Mr. Buckley added that there are also objective standards that apply. The code has minimum aisle widths and the Public Works Department also reviews these projects early on and provides feedback regarding circulation and whether it is safe.
Mayor Miller said she is very supportive of Councilmember Iverson’s proposal. She does not think working out indemnity language would take long, but hours or days and she would want that irrevocable offer of dedication that the City could exercise at any point when it was ready to proceed. She thinks that would have to go with the rest of the application to make sense from the pedestrian aspects proposed.
Councilmember Iverson asked if there was anything else to be added before she proposes a motion. Councilmember Riley said she was not comfortable in her understanding of the liability issues. Mayor Miller suggested adding that when the proposal comes back that it include the analysis from staff.
Ms. Wolff stated because this is an ordinance, 2 readings are required. The Council could introduce the ordinance tonight and then direct staff to work with Chevron to develop all documents described, which include an irrevocable offer to dedicate fee title to the City at the time of its choosing, there is a retaining wall easement that must be retained by Chevron, indemnity language to work out, the timing flexibility language. Staff would take whatever time is needed to work with Chevron and bring it back to the Council with adoption of the ordinance. Mr. Biggs said this timing does not have to be set tonight, but staff would have that direction.
Mayor Miller suggested a confidential memo developed on this topic that Councilmember Riley raises in analyzing the liability. Councilmember Iverson proposed saving legal dollars before a memo is done and proposed it being part of the presentation when it is brought back for adoption.
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MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to waive the full reading of the text and introduce Ordinance 23-04, amending Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district-Use restrictions) to update the City’s rules regarding convenience markets and other ancillary retail uses at service stations; 3) find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change in the environment, directly or indirectly; and provide direction to staff that the ordinance return with a binding legal agreement, for staff to determine the form that takes for a fee dedication of the land with the timing at the City’s discretion; that the specific indemnity terms are worked out so the Council knows and is comfortable relative to Chevron’s standard form so they have the indemnity for environmental hazards and for any specific items such as the retaining wall to be detailed out at the time the Council adopts the ordinance. Said motion carried by unanimous (4-0) roll call vote.
G.2. Annual Development Agreement Compliance Review for the Wilder Project
Recommendation:
Conduct a public hearing to determine whether OG Property Owners, LLC (“OGLLC”) is in compliance with the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) and related approvals. Although OGLLC has made progress recently towards curing the Events of Default identified in 2022, Staff recommends that the City Council adopt Resolution No. 54- 23, which (1) finds that OGLLC remains out of compliance with certain requirements of the DA and related approvals; and (2) directs OGLLC to appear at a continued public hearing. To address noncompliance with certain DA requirements, Staff recommends the City Council direct City Staff to negotiate with OGLLC regarding potential DA amendments, including changes related to: the Red-Tailed Hawk Staging Area; a BART/downtown shuttle (8th DA Amendment); and the liability insurance OGLLC is required to maintain (DA § 5.2).
City Attorney Wolff provided the item’s hearing protocols.
Councilmember Iverson commented that the Wilder Subcommittee held a meeting within the last 2 weeks in which a number of these items were discussed. Mayor Miller echoed these comments and her participation.
City Manager Biggs gave an introduction of the item and overview of the staff report. He spoke about default items of the developer, the need to complete City related subdivision improvements and other matters before the end of the year. Recently, the GHAD accepted conveyance of the central detention basin parcels. Staff will bring a F.1.b
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development agreement amendment to the Council to address a couple of open items which will complete obligations under the development agreement, which is also articulated in the staff report. At the Wilder Subcommittee meeting, many neighborhood questions were answered and the staff report had been shared.
Councilmember Riley asked if both gates were listed on the list of City improvements, noting only one was listed. Mr. Biggs said staff will have to update this. Those are on future open space parcels that will go to the GHAD. Until the property is conveyed to the GHAD, it is the obligation of the developer to maintain those in operating order.
Michael Muller, Brook Street and agent for OGLLC, thanked the City Manager for summarizing the item and thanked the subcommittee members of the Council.
Tomorrow, he will be on site and tackling the Fiddleneck problem. There is a swale which has been a long negotiated item. The contractors and engineers will be on site and will have that finished in several weeks. The refinishing of the staging area and ADA will be done in 1 ½ weeks, subject to City inspection and recommendation for acceptance of the parcels. He knows there was some conversation about insurance. They have no employees at OGLLC and they expect to have all contractors off the site within 2 weeks.
The last item he wanted to petition the City for some consideration is there are 6 sidewalks that are not built on site. The reason is because the homes have not been built on site, and he wondered if a development agreement amendment could shift the onus for that onto those building the homes. It would require the developer of those homes to install the sidewalks as part of the building permit and site plan process.
Lastly, regarding the gates, they installed new mechanisms on those gates in July and the neighbors broke them within one week. So, every time they install the gates they get broken by the neighbors. The last time, they did not activate after they were installed so they are open for any solution the City or Fire Department can come up with, but absent the GHAD taking the property, they are installing and throwing $5,000 to $10,000 every time they install the gates. So, he would ask the City help them with a solution that would be acceptable to all parties until such time the City or GHAD takes over.
He thanked the City for their patience this last year. He started with concern of issuing the letter through their attorney, but he thinks the process has been productive and it is his intention to be done with all physical work within the next 2 weeks.
Mayor Miller opened the public comment period.
Sandy Roadcap said it was nice to meet the subcommittee and said she has lived at the edge of Wilder for 30 years and has been to many Council meetings. Regarding gates, she realizes the problems at Brookside’s end, but next to the Red Tailed Hawk Staging Area, this is on the agenda as part of fixing the swale. People think putting some rock out will prevent teenagers and jeeps from bypassing the gate. She asked to include that as part of the swale repair. It should be very large rocks that 2 men cannot roll out of the way. It is a simple solution and hopefully inexpensive.
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Mary Jo Ashby, Wilder resident, referred to the EV access gates on Brookside and Wilder and said in the developer’s annual review report dated August 18th, page 3 under City List – Improvements #3, Brookside EVA gates, OGG comments “Complete”. New gates were installed in July 2023. Also, the City representative comments “EVA-E to Brookside on parcel JJ, swing gates installed on both ends secure. Did not check if they work electronically.
She believes this report to be inaccurate. OGG did some minor repairs to the manual locking arms on the lower Brookside gate in July. The electronics to both gates are not and have not been operational for over 2 years. The upper gate currently has a broken right arm as the result of being hit by a drunk driver on April 22, 2023 and has not been repaired since. New gates were not installed in July. The 2 EVA gates are not operational and not secured. OGG’s non-compliance is putting the Wilder community at risk in the event of a wildfire as well as increased criminal activity and commuter short-cuts between Hwy 24 and Moraga. She asked the Council to address this issue with the developer and get these 2 gates repaired and electronically operational. MOFD will not accept any manual locking of these gates.
Mayor Miller closed the public comment period.
Rebuttal – Applicant
Mr. Muller said he understands the frustration on the EVA, but he could bring the receipts tomorrow for the gates they did install. While he understands the problem, someone broken one of the arms and there are reasons why everyone is frustrated. He is hoping they can solve the situation in some way where they do not have to go out every week and spend thousands of dollars by arms broken off by neighbors. He appreciates the residents’ concerns. Otherwise, he thinks the report is well-written, hopes they did a better job this year with communicating on the City on the DA report and he stands ready to be on site tomorrow walking through the punch list, holding a tour with CDFG and some of the resource areas regarding the larger open space issues, and continuing to completing and getting off the bonds on the City’s subdivision work and moving immediately into solutions for the open space.
Councilmember Iverson said she thinks they should let the record stand that the gate is completed given it is not. She asked what they can do about this. They all understand the problem, but she asked if the Fire Department can give direction on what can be acceptable.
Mr. Biggs said he will be speaking with the Fire Chief tomorrow, but the condition of approval for the gates is the Fire Department’s and they want them to be working electronic gates. At this point, the Fire Department will not even accept an interim locking of the gates using a key.
They will be keeping the developer in default and this can continue to be an item of default, but again, other than this, they cannot force the developer to go out every week to address it.
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Councilmember Malkani asked and confirmed the reason the gates are not operational is because someone in the neighborhood breaks them as fast as they are repaired. The Fire Department states a bollard or a padlock cannot be used because they want it electronic and not manual, so they appear to be stuck on a solution.
Councilmember Riley suggested the use of surveillance cameras. Mr. Biggs said separately they are looking at those things, and he and the Chief have discussed this. It may not always be the same people, but they are talking about what can be done.
Councilmember Malkani said this has been going on for more than 2 years, and Mr. Biggs said ultimately when the property goes to the GHAD they have a resource where they can repair the gates that will still meet the Fire District’s condition of approval, but this cannot be done until the property is conveyed to the GHAD which is about one year away.
Mayor Miller suggested the best thing they can do is work with the Fire Chief and developer to work out a solution.
Councilmember Malkani requested a separate meeting be called with the individuals involved to focus on brainstorming solutions for this gate because it has gone on for a long time.
Councilmember Iverson stated the Wilder Subcommittee is meeting more frequently, and the City Manager is also working on solutions, so she suggested asking that he keep the Council apprised. The subcommittee can then communicate to the community when he is ready.
Mr. Biggs said he has a standing Fire Chief meeting, and he needs to speak with Mr.
Muller regarding information addressing concerns the Chief had and he will circle back.
His hope is he can get the Fire District agree to an interim measure where they can go to a traditional lock. This does not mean people will still not cut the locks and access the area, but he will be working on this.
Ms. Wolff said staff’s recommendation is that the Council adopt Resolution 54-23 which finds that OGLLC remains out of compliance with the development agreement and related approvals. They are not recommending continuance of this hearing and thinks it can be resolved this evening. She did not hear any disagreement with staff’s recommendation from Mr. Muller. She also asked that Council direct staff to negotiate with OGLLC regarding the various development agreement amendments described in the staff report and to address non-compliance with certain DA requirements.
MOTION by Councilmember Iverson, and seconded by Councilmember Malkani, to adopt Resolution 54-23 which finds that OGLLC remains out of compliance with the development agreement and related approvals, and to direct staff to negotiate with OGLLC regarding the various development agreement amendments described in the staff report and to address non-compliance with certain DA requirements.
Said motion carried by unanimous (4-0) roll call vote.
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H. POLICY MATTERS
H.1. Moraga Orinda Fire District Ordinance 23-08
Recommendation:
Receive Report, Discuss, and Provide Direction, if any.
Mayor Miller stated this is an item agendized in case there were any further developments MOFD has on its calendar for tomorrow evening to make the second reading on this ordinance. The Council received materials from the Chief today from the Diablo Fire Safe Council, the comments of EBMUD on the ordinance, and she asked for any other updates.
City Manager Biggs said staff drafted and sent a letter based upon the Council’s direction from the last meeting that expressed a variety of concerns to the Fire District Board. They met on September 6th and the Fire Board introduced Ordinance 23-08 with two modifications; one related to immature trees not required to be limbed up 6 feet if they are less than 15 feet, and also an additional provision. The Fire Chief talks about a number of things they were going to do to help people understand the ordinance. Of those items, they are still working on additional local guidance but shared an existing document from the Diablo Fire Safe Council that talks about how to implement fire requirements in the context of environmental considerations.
The Fire Board is scheduled to hold a second reading of the ordinance as introduced, so this is an opportunity for the Council to submit any other comments beyond those in the letter.
Mayor Miller then recapped the EBMUD comment letter, noting EBMUD shares concern about the potential impact of Ordinance 23-08 on respective operations. They have requested an exemption from certain provisions of the ordinance which they endorse and support, and if necessary, they plan to apply for a modification exemption to continue their vital work in protecting their lands, and they remain open to participating in future forums or discussions regarding wildfire protection and land management.
EXTEND MEETING
MOTION by Councilmember Iverson, and seconded by Councilmember Malkani, to extend the City Council meeting until 10:30 p.m. Said motion carried by unanimous (4-0) roll call vote.
Mayor Miller opened the public comment period.
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Mark Evans said he supports the efforts of the Fire District, has read the comments, and said when this issue came up, it came to the Council. He is the Moraga Orinda Firewise Network Chairperson. His predecessor and mentor, Melanie Light and they both represent many people. They also contacts, including Diablo Fire Safe and Marin Fire Safe and others. Their issue is the word still is not out to residents. They are still being surprised that they need to comply with these ordinances. They have less than 20% penetration in the community about understanding wildfire and why it is important to clean up properties by June 1st. The City helped get funding so Firewise has resources now, but people do not pay attention until it affects them personally. So, he and Ms. Light are here to educate residents and help them make properties safer.
Sandy Pearson agreed with the last speaker that education is something Orinda needs more of. While they are waiting to see what the District’s decision is at their meeting tomorrow, she spent time researching what resources are available from the Fire District for residents. She presented a brochure recommended to her by the Fire Chief yesterday and she printed out a copy. This was developed in 2007 in Butte County so it has inappropriate recommendations about what to do when welding, selling wood products, and things that have no relevance to Orindans. She is amazed that the City cannot have a brochure more specific to residents’ situation. She is therefore hopeful the Fire District will take up the City’s offer to work together. She thanked the City Manager for his letter, is disappointed that the Fire District has not followed through with the public meeting they suggested, and said they simply made some videos to post on their website.
Michael Bowen said the last conversation about this was a great dialogue and brainstorming session. The outcome of that was the Mayor’s thoughtful letter urging moderation and proposing a variety of cooperative efforts. He too was disappointed with the response which struck him as “go pound sand” or “you can turn your trees into lollipops”, but basically they will do what they will do. It was not a great communityminded, engaged response and he proposed that whether or not MOFD opts to engage in a constructive dialogue, the Fire Safe Council does and hold a balanced conversation about the things they value and make the community safe. He is hoping some of their Marin partners could also share some of their thoughts.
Councilmember Iverson asked Mr. Duff to repeat what he wrote in his email on what the definition of a fuel break is and how it is different from a fire break.
James Duff, Education and Outreach Coordinator, said the difference between a fuel break and fire break is firefighter jargon. The difference is a fire break is completely cleared ground, a bulldozer trail, a road, or a natural landscape like a stream where fire cannot exist on. A fuel break is landscaping for fire safety. So, it is not removal of everything.
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Councilmember Malkani thanked her fellow Councilmembers and public members for the thoughtful conversation at the last meeting. There was frustration as well as collaborative ideas expressed. She observed that there is clearly a need for more communication with residents about what they need to do and confusion around the existing fire code. She thinks they need to think forward about how to be involved in fire adaptability in way that also looks at climate change and acknowledging the impacts of climate change which lead to lower use of water in irrigation, native plants, mudslides, and also mitigating further effects of climate change.
She questioned if they should have an ad-hoc community-based committee, as there is a desire to discuss these issues with a focus on addressing climate change as well.
Mayor Miller seconded this idea. She thinks there is a need and the ad-hoc committee could work with the MOFD Board, where they could be approached during discussions tomorrow night in appointing 2 of their members.
Mr. Biggs said they did suggest in the letter the idea of a joint meeting with the Fire Board and Fire District. However, there cannot be an ad-hoc committee that consists of members from multiple agencies. It would have to be a noticed Brown Act body.
Councilmember Malkani said her concern is the many people who are frustrated with compliance and noted they have a 2x2 committee meeting soon. Mayor Miller suggested also working with the Firewise and Fire Safe Council and work with public speakers.
Councilmember Iverson said she thinks the better task is to focus on groups of insiders who are making things happen and that they try to reach people who are not involved and uneducated on the matter.
Mayor Miller said EBMUD is asking the 5 agencies get together, and possibly this could happen.
Councilmember Iverson suggested meeting with those who may not be in compliance before they receive a citation. Councilmember Malkani said both are needed and suggested holding public forums and get leaders to talk on communication gaps and how to fill those with revised materials.
Mayor Miller said she thinks there are gaps that need to be fixed to address this ordinance. She is amenable to public forums and bring groups together, but she is not keen on spending Measure R dollars on advertising or telling people how to do this without the Council even not understanding how to do it.
Mr. Biggs said they have self-reported and have been deemed in compliance. He cannot explain why their map does not show that, but they are in compliance with their fire obligations. It may be they are focused on inspections of private versus public parcels.
There is also an underlying dispute between EBMUD and EBRPD. It sounds like the EBRPD has moved on but they have shared this is one of their jurisdictional issues.
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As far as a forum, the Fire Chief told him they were going to hold a forum tonight at 7PM about how to implement the revised ordinance. He thinks starting with discussion by the 2x2 committee, they can use publications the Fire District has signed off on, and they will engage more in a more proactive effort.
EXTEND MEETING
MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to extend the City Council meeting until 10:45 p.m. Said motion carried by unanimous (4-0) roll call vote.
Councilmember Riley said she wondered if they should deliver another letter even if it is revising what was sent last week, based upon this discussion tonight.
Councilmember Malkani said she is glad the last letter was sent, but she did not know it would be effective to send another letter tomorrow. She suggested a collaborative relationship, thinks folks with critiques need to be engaged, the 2x2 committee is meeting in November and it was productive when meeting more frequently.
Mayor Miller suggested bringing up the map that shows parcels that are not in compliance, and she suggested engaging with the Fire District in follow-up as to why they are not in compliance and ask when can they see the templates and get together.
Councilmember Iverson cited map compliance, voicing of frustrations with their conversation last week went nowhere, but the City is not and does not control MOFD and has no power. She cited the hour and the lack of jurisdiction over the ordinance. Mayor Miller said as SSTOC liaison she is having a hard time about spending City money advertising something. She wants to be sure that the City is in compliance, said the creek is in red and Orinda Oaks Park is in red. Councilmember Iverson said EBRPD got a waiver and this is why they are green, but it was a huge process.
Mayor Miller suggested indicating via another letter that the City supports EBMUD’s letter, suggest they all work together, and indicate that if the Board adopts the ordinance despite the City’s concerns, that they will work collaboratively with the group.
Mr. Biggs suggested, and the Council concurred with the direction that the City Manager draft a follow-up letter for the Mayor’s signature that states what the Council identified in their last letter remains, that they think there are additional steps that need to be taken, they would like to see their points ultimately addressed, they are looking forward to seeing how the items are implemented, that they would like to be part of that information that comes out and still believes there are needs for public forums or meetings with the 2 Town Councils, and also cite the additional correspondence received from EBMUD and hope this is also being considered because they would also like to be part of future collaboration to meet requirements of a fire safe community. The Council can direct staff for the Mayor’s signature, and submit it to the Board tomorrow night.
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Mayor Miller suggested adding climate change and adaptability into the letter per comments from Councilmember Malkani, and Councilmembers concurred.
EXTEND MEETING
MOTION by Councilmember Malkani, and seconded by Councilmember Iverson, to extend the City Council meeting until 10:50 p.m. Said motion carried by unanimous (4-0) roll call vote.
H.2. Policy Discussion regarding Downtown Parking Requirements, related State Legislation, and Proposed Adjustments to the Master Fee Schedule to Lower Certain Parking Variance In-Lieu Fees Recommendation:
Staff recommends that the City Council receive the presentation, take public testimony, and provide feedback regarding potential adjustments to the Master Fee Schedule.
Mayor Miller stated this item was a Matters Initiated, and she suggested that if the Council is supportive, they could let any applicant know this is returning to the next Council meeting.
Planning Director Buckley said he has a presentation, and Councilmember Iverson said she had only suggested a limited proposal that the City suspend parking in-lieu fees until the next fee review period which would be 9 to 12 months for use permit changes of vacant spaces downtown and not new developments, not looking at the broader issue of State laws, but just for those vacant or new spaces that come in for a change in use and use permit and where there is an increase in the parking requirement and the property is under parked.
Mayor Miller asked if this would apply to the Chevron project. Mr. Biggs said this would only be certain types of uses of professional services, retail, but it would not apply to gas stations.
Mr. Biggs clarified that the Council would authorize staff to spend some time developing this and bringing back the parameters and then deciding if the Council wished to proceed.
MOTION by Councilmember Malkani, and seconded by Councilmember Riley, to authorize staff to develop this item more thoroughly and bring back the item for Council consideration. Said motion carried by unanimous (4-0) roll call vote.
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I. COUNCILMEMBERS’ REPORTS – Mayor Miller reported the Police Chief did a great presentation at the Gun Safety Forum and school representatives and Councilmembers were present.
J. CITY MANAGER’S REPORT – City Manager Biggs reported Movie Night for Fridays in October and the last concert of the season will be this Thursday night.
K. MATTERS INITIATED – None.
L. CLOSED SESSION
Mayor Miller announced that the Closed Session had been canceled. She also confirmed there were no members of the public present and no public comments.
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters – None.
3. CLOSED SESSION
4. REPORT OUT OF CLOSED SESSION
A. 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.
B. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION.
Pursuant to Government Code Section 54956.9(d)(2) conference with legal counsel regarding significant exposure to litigation related to an urban lot split proposed for 6 Patrick Lane in Orinda pursuant to state law known as SB 9. Ellis Raskin, an attorney representing the existing residents of Patrick Lane, submitted a letter to the City Attorney dated September 7, 2023, threatening litigation if the urban lot split is approved. Linda Klein, an attorney representing the applicant, submitted an email to the City Attorney dated September 13, 2023, threatening litigation if the urban lot split is not approved. This correspondence will be made available for public inspection pursuant to Government Code Section 54957.5.
C. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Manager David Biggs.
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.
M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:50 p.m. to the next Regular Council Meeting on Tuesday, October 03, 2023, at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
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CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
5:30 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Miller called the meeting to order at 5:30 p.m. and Human Resources Manager Staton called the roll. All Councilmembers were present.
OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.
C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
One written communication was received from Nick Waranoff. There were no other public comments.
D. CLOSED SESSION
1. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Manager David Biggs
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 7:00 P.M.
_______________________
Sheri Marie Smith, City Clerk
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OCTOBER 3, 2023
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 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: 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
City Manager Biggs said staff would like to remove Item F.1 which are the minutes and these will be brought bac at the next meeting. There is one additional supplemental communication from staff before the Council on the item regarding Inclusionary Housing.
It was a late communication from the prior meeting that might be helpful.
MOTION by Vice Mayor Gee, and seconded by Councilmember Malkani, to adopt the agenda, as amended. Said motion carried by unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation in Honor of Dr. Carol Weyland Conner who founded White Pony Express
Mayor Miller stated Dr. Conner passed away this Spring who had founded White Pony Express, which has been incredible in preserving edible food in the community, mobilizing volunteers, and providing food to the County. She introduced Eve Birge to accept the proclamation.
Eve Birge, Executive Director, White Pony Express, provided an overview of White Pony Express, and stated the model Dr. Conner created focused on feeding people, addressed the issue of food waste, and eliminate hunger. SB 1383 allows them to work with restaurants, cafeterias, catering companies where volunteers will pick up their surplus and deliver it to 92 non-profit organizations, serving the County’s most vulnerable. She expressed her deep gratitude.
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Mayor Miller and Councilmembers recognized the wonderful model, thanked Ms. Birge for keeping Dr. Conner’s mission going, and presented a Proclamation honoring Dr. Carol Weyland Conner who founded White Pony Express.
D.2. Solid Waste and Recycling Update – RecycleSmart
David Krueger, Executive Director, RecycleSmart, gave background on RecycleSmart, levering to achieve economies of scale and efficiencies by working as a group, their great staff, work to promote services like White Pony Express, public outreach, and managing of their contracts.
He spoke of service problems of Republic Service not being able to collect consistently on the scheduled day, feedback from Republic Service on routes they are having completing open routes, renegotiation of contract with Republic Service which asks for liquid damages for bad service in customer credits, requirements for providing high levels of service, and placing the contract out for competitive bid due to service problems. He then described the current contract with Republic Service and Mt. Diablo Recycling which expires at the end of February 2027. He then spoke about the RFP process, political rules, and communications policies.
Tony Mancini, Republic Service, apologized for the service issues and delays, stating they had struggles during COVID, hardened service areas, spoke about the plan which they have outlined with RecycleSmart which has begun. They have brought in SOS drivers from other states to help them get to a point where they are comfortable with ontime pickups, and while not perfect, they have some challenges ahead with training new drivers. They have requisitioned to get a total of 10 drivers, which is underway, and they are starting recruitment, hiring, and training, which he described.
Mayor Miller asked if issues of cans not being picked up has occurred elsewhere, and Mr.
Mancini explained a lot of this is due to lack of staffing and the need to train new employees.
Councilmember Iverson asked if hard to service area trucks are scaled down, and Mr.
Mancini said they are smaller trucks that can get into difficult service areas and the employees must be trained differently than they do for flatter lands.
Councilmember Riley stated the service has taken a downturn in the last few years. She voiced frustration and did not understand how Republic Service could not get ahead of the problem.
Mr. Mancini said he has been renting trucks for the last 3 years and will continue to do so. They are not satisfied and they know they can and will do better. It will take time, and this is why they have outlined this plan.
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Councilmember Riley cited safety issues with fire risk given the narrow roads in the City.
Also, vehicles are parked along the sides of streets and fire trucks will not be able to get in or out.
Councilmember Malkani said she appreciates the increased composting, education, and flyers. She asked why people cannot put compostable cutlery in the green bins, as some communities are able to. Mr. Krueger said it is all about advertising. Much of this will compost over a very long time, but most of these large compost facilities do not have the space to keep things there for so long, so it will not break down as fast as things like yard trimmings which is unfortunate.
Mayor Miller referred to Starbucks cups and others which have wax in them, said technology is changing, and asked whether this is part of the negotiation process.
Mr. Krueger spoke about the Starbuck cups having wax and a thin coat of plastic, and noted RecycleSmart decided it was best to throw them away than to compost them and have pieces of microscopic plastic in the compost.
Mayor Miller opened the Public Forum.
Sandy Gross, 68 Stanton Avenue, echoed Councilmember Riley’s comments and said Monday is their service day. They had 2 phone calls left on their machine that Republic was not picking up a can. They got a phone call on their cell phone to the same effect, and no one picked up the blue can yesterday. This morning at 6:10 a.m. they picked up the blue can. He said he is not sure about rules on timing but knows they must do their job. His complaint is about the fire hazard. When he leaves the cans out and the road is windy, there are cans on both sides of the road. If there is a fire, Chief Winnacker will question how to get up and down their road so this is a safety and fire issue.
Sora O’Doherty, Lamorinda Weekly, questioned the Big Belly receptacles and said she remembers hearing they had a positive impact on the recycling stream. She asked if this continues to be the case.
Kimberly Lam, Republic Service, said when they first rolled out the Big Belly cans it included both garbage and recycling. They have found it has been very effective because there are pictures on the containers to show what can go into each one. Also, because it takes an extra step to open the receptacle it causes people to think more about what they are putting into it. They work closely with the City to ensure all Big Bellies are serviced.
Mayor Miller closed the Public Forum. She knows the City puts the phone number in the Orinda Outlook if there is a missed pickup. She thought that at the Board meeting on Thursday they also heard of a way for people to email in their feedback or complaint.
Mr. Krueger said it is on the app and not email.
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Councilmember Malkani echoed and thanked Councilmember Riley for her comments, recognized RecycleSmart is trying, but there are many complaints from residents and hoped for better service. Councilmembers concurred.
E. PUBLIC FORUM
Courtley Stevens, said she and her husband, Christopher Roberts live at 6 Cedar Lane, and the third week in January this year, Cedar Lane experienced a slide. 14 Cedar Lane slid into the bottom of the ravine, its neighboring property at 10 Cedar Lane, and within 72 hours was given a red notice. Between January and September, while they received some gracious emails, resources, FEMA, and staff who they could reach out to in the City, no further communication was received as to the future status of Cedar Lane road or specifically the 2 properties--the one that slid and 10 Cedar. Her concern is not about individual property but about the stability of Cedar Lane itself. The week of September 18th some neighbors that lived across the street from 14 Cedar Lane began to see trucks, construction crews, and willingly asked what was happening. People came together on their street and realized they had no understanding of what was occurring pre-, during, or post.
She said Doug Alessio reached out and all residents on Cedar Lane and residents on Cedar Terrace were still left with 4 questions that they have not been able to gather information for. Respectfully, they understand they are not pursuing 14, 10, 2 or 6 Cedar Lane, but it is about the integrity and safety of the road. She pointed out that a geotechnical engineer made a determination that the roadway was safe as of last week, but they were not given information as to how the City came to that conclusion. She asked what data was used to come to that conclusion, stating residents do not have any understanding as to the integrity of the road. They also were to be given updates during demolition, but they are more than a week into demolition and have no updates. They also know that as a result of the slide there were 3 residents affected with sewage, her home being one of them. They have temporary sewer lines and plugs and borrowed power that are running their sewer above ground all the way up to the street. They were given a contact named Chris Carpenter with Contra Costa Sanitary District and have worked with someone who is the head of Risk Operations who are heavily dependent on the clearance for Cedar Lane, the ravine, and the stability of 14 Cedar Lane. So, their home is powering the pumps for another home and they are eager to get an understanding what will result in safety, stability for 14 Cedar Lane, and sanitary district decisions to resolve the issues. Lastly, she asked what will be the determining factors to ensure Cedar Lane is safe and what is being done in the future to measure the integrity, and who will own 14 Cedar Lane when demolition is complete.
Mayor Miller recognized the difficulties relating to the matter and knows staff will follow up after this meeting.
City Manager Biggs said Mr. Alessio could not be here today, but the geotechnical engineer is out on site regularly, and he will discuss this with Public Works staff.
F. CONSENT CALENDAR
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Mayor Miller noted that Item F.1 was requested to be removed earlier, and she asked if there were requests for removal of the remaining item or public comments, and there were no requests for removal or public comments.
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. September 19, 2023 Regular Meeting
F.2. Approve Parcel Map for Subdivision MS 2023-003 Urban Lot Split at 2 Stanton Court
Recommendation:
Staff recommends adoption of Resolution No. 55-23, approving Parcel Map for 2 Stanton Court (MS 2023-003 Urban Lot Split) owned by Orinda Properties LLC.
MOTION by Councilmember Riley, and seconded by Councilmember Malkani, to approve Consent Calendar F.2. Said motion carried by unanimous (5-0) roll call vote.
G. PUBLIC HEARING – None.
H. POLICY MATTERS
H.1. Discussion Regarding Temporary Signs in Downtown Orinda Recommendation:
Receive report, take public testimony, and provide feedback to staff.
Mayor Miller stated this is a Matters Initiated, and staff will present a brief report.
Planning Director Drummond Buckley gave the PowerPoint presentation, staff report and overview of temporary signs in downtown Orinda, particularly relating to sandwich board signs as a result of a request for a Matters Initiated by Vice Mayor Gee. After conducting a survey, staff found about two-thirds of sandwich boards and other signs are in the rightof-way, which he described.
Mr. Buckley then provided a background of the legislative history on signs, temporary sign regulations, criteria for temporary signs, complaints, follow-up through correspondence and enforcement to remove signs, and time-based requirements relating to enforcement.
Vice Mayor Gee thanked Mr. Buckley and said she still thinks there are more of these types of signs in Orinda than in neighboring communities and was unsure as to their proliferation. She assumes there is nothing in the code or no way for the City to prevent signs that have nothing to do with the City’s local businesses. She can understand where restaurants and local businesses want to use these for advertising but what she finds aggravating is when there are those all over town when they advertise things like “We are hiring “x”.”
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City Attorney Osa Wolff said the City has options for regulating those and this seems like off-site advertising. If it is on private property, it is impermissible. If in the public right-ofway, the City’s rule is it can stay there for 12 hours and then must be removed and can reappear the next day, but it can only be there for that 12-hour period.
The City has the option to prohibit all off-site advertising including in the public right-ofway, but as a policy matter in 2011/12 the Council decided to allow it for all examples provided by Mr. Buckley, including real estate agents, lemonade stands, charity car washes, garage sales, etc.
Vice Mayor Gee said she thinks the City has the resources to enforce the ones that should not be chained to things and she thinks this should continue. This is not an over-burden given the size of the downtown. She also suggested partnering with the Chamber of Commerce. The reality is that signs are all over the sidewalks and she is surprised the Council does not get more commentary about it. She does not have a problem with the real estate signs, thinks the City has the resources to enforce sandwich board signs that are chained to trees and other things, and suggested making this a priority to continue to enforce.
Councilmembers discussed the matter, commented on aesthetics, agreed there is a proliferation of illegal signs, encouraged a discussion with the Chamber of Commerce, spoke about different classes of sign boards, potential harm to a business that adheres to the 12-hour sign limitation if the Council changes the regulations, or potentially modifying this to provide more enforcement tools such as a 3-day maximum period.
Mr. Buckley said he believes the City could have a rule where the sign needs to be made with natural materials such as wood or a chalkboard, and not to allow plastic signs. This would need to apply to the garage sale signs and to the realtor signs, so whatever standard is set, it will apply across the board.
Councilmember Iverson noted number 5 already states this, “It must be made of materials not resistant to moisture.” Mr. Buckley said this means plastic is okay. Councilmember Riley suggested looking at other towns and their regulations.
Mayor Miller hoped they could work actively with the Chamber of Commerce to have this return cohesively with realtors and business owners so they can identify what could enhance the environment.
Councilmember Iverson said she looks for good summer intern projects and this is a perfect example for a high schooler to work on. She does not want the Planning Department to get distracted by a regional survey of signs but agrees it would be nice to find examples of cities that have come up with a higher standard, given the challenge to do more good than harm.
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Councilmember Malkani suggested working with Chamber partners, civic education class at schools, and see if more education and feedback could make its way back. Mayor Miller suggested having something return by March 2024.
Councilmember Riley suggested enforcing the rule of cutting off the chains to signs, and Mr. Buckley agreed this could occur.
Mayor Miller opened the Public Forum, and there were no speakers.
Mayor Miller confirmed there was direction to staff to enforce illegal signs and for the City Manager and Chamber of Commerce liaison to informally work together with businesses on illegal signage.
H.2. Discussion of Accessible Parking in Theater District Recommendation:
Receive report, Discuss, and Provide Direction, if any
City Manager Biggs introduced the item, stating this matter came from a Matters Initiated by the Council, and staff is bringing back information. No cost estimates have been done but staff can provide historical information on the number of accessible spaces in downtown.
Public Works Director Scott Christie presented the staff report and map of the accessible parking spaces in the Theater District. At the September 5th Council meeting, a resident brought up his concern there were not enough accessible spaces in the on-street parking arrangements, and staff conducted a review. Staff did not do an exhaustive search or measurements but identified spaces showing the main theater area with the exception of Northwood Drive and Bryant Way because they had to cut it off at some point. The green color denotes the accessible spaces where placards or license plates are required to park. For on-street City streets, there are 3 shown right in front of the theater on Moraga Way. The second one is at the corner of Moraga Way and Brookwood by CVS. The third is down at the end of Moraga Way where it turns at Camino Pablo.
The majority of the spaces are on private property for parking lots and for businesses.
There are quite a few of those, and he listed the quantities in the staff report. The bulk of accessible and regular parking spaces are in the underground Theater Square parking and in smaller parking lots, one accessible space is usually required. Once getting above a certain number, it goes to a percentage required. There are 584 off-street parking spaces in the area of study and 20 accessible spaces. The requirement for the table is 3% which comes out to 12 spaces, so they exceed the number on that basis so they are easily in compliance with off-street parking.
For on-street parking there is not a specific code that says you need a certain number of spaces; however, many cities use the same table as a guideline. He then described measurements, van accessible spaces, a couple of accessible spaces removed in 2016 near Peet’s Coffee and Nation’s which involved a claim due because of not having an aisle of 5 feet continuous or access to a ramp.
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Lastly, he displayed a space on Bryant Way near the stairs that go to the BART access.
It is a parallel on-street parking space which does not have a ramp dedicated to the space.
A person in a wheelchair could use the driveway ramp, but this could present bad circumstances.
Mayor Miller asked staff if there were any areas where more accessible parking spaces could be placed. Mr. Christie said one could be put near Peet’s Coffee like the old one.
Generally, if they put in an accessible space, they need the aisle, so they would take up 2 regular spaces.
Mr. Biggs said the City would also have to modify the sidewalk, install the ramps, and Mr.
Christie noted estimated costs could be anywhere from $15,000 to $25,000 for the renovation.
Councilmember Malkani asked and confirmed with Mr. Christie that the Bryant Way accessible space which is a parallel space is still present but does not have a ramp.
These spaces get well-used and have the appropriate placard. They could increase the length of the space enough so a ramp could be placed behind the vehicle, so in effect this would take up 2 total spaces to create the one compliant space.
Mayor Miller opened the public comment period, and there were no speakers.
Councilmember Riley said Mike Kirby brought this to her attention. It seems like they used to have 5 in the designated area minus the Bryant Way space. Orinda has an older community and could use another space and suggested investigating which one it should be and spend the $15,000 to $25,000. She is okay to just add one space, but it seems people were pretty happy with 5 spaces in the past.
Mayor Miller asked and confirmed with the City Attorney that the City has a plan in place to bring all of its facilities up to current ADA standards. Every year, the Public Works Department adds new curb ramps throughout the City and this would be an example.
The City does this as it can and it is a continual process to make the City more compliant.
The standards also evolve over time so a facility can be installed as compliant and then 5 years later, more upgrades may be needed.
Mr. Biggs noted that when they are doing major CIP work, they build in compliance at the time such as repaving streets, and Mr. Christie said these are reoccurring projects in the CIP. The current number is between $50,000 and $75,000 so they could put this kind of a project in the CIP. Further, when they do road projects there is a separate federal rule for upgrade of all curb ramps to the current standard.
Mr. Biggs said if they were to prioritize this project, something else would not be done and staff could share that information with the Council at a future meeting.
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Councilmembers spoke about compliance, the City’s aging population, accessibility advocates, under-parked conditions in this part of town, impacts on retailers, requirements to reduce parking per State law, over-compliant conditions in some areas, resources to reallocate funds and look at the total picture, additions and deletions of parking spaces, the sale of Theater Park spaces for BART parking, pre- and post-COVID parking conditions, and parking conditions from Nation’s to Casa Orinda.
Councilmembers Riley and Malkani suggested adding or converting 2 spaces to 1 space along Moraga Way and convert the Bryant space to a regular parking space because of its non-compliance as is.
Mr. Biggs stated staff will bring back a specific proposal, and suggested a motion. Mayor Miller stated the motion would be to change the space on Bryant Way to an nonaccessible parking space because it is not currently compliant, and to investigate adding one handicapped space which results in the loss of one non-accessible parking space.
Then, with the reduction of the Bryant Way is a no net gain/no net loss. It is just a handicapped parking space somewhere in an area of need on Moraga Way vicinity.
MOTION by Mayor Miller, and seconded by Councilmember Riley, to direct staff to change the parking space on Bryant Way to an non-accessible parking space and to investigate adding one handicapped space which results in the loss of one nonaccessible parking space. With the reduction of the Bryant Way it is a no net gain/no net loss and a handicapped parking space somewhere in an area of need on Moraga Way vicinity. Said motion carried by unanimous (5-0) roll call vote.
H.3. Follow-Up Report on Inclusionary Housing Ordinance Options Recommendation:
Receive Report regarding Inclusionary Housing Ordinances, Discuss Key Parameters, and Direct Staff to Prepare an Ordinance for Review and Consideration.
City Manager Biggs gave the staff report and overview of the Council’s previous discussion to pursue an inclusionary housing ordinance which is called for in the City’s Housing Element. Staff identified 5 key parameters they seek direction on based on recent State law changes and on May 9th, the Council asked staff to look at what other jurisdictions are doing and to return the item.
The considerations staff is asking the Council to weigh in on to start a more formal process include:
1. The size of the development it might apply to and staff suggests 10 units or more;
2. What the percentage would be? He noted 10% to 15% is not uncommon;
3. What should be the mix of housing;?
4. Should there be an in-lieu fee; and
5. Should the City consider any development incentives for people who do inclusionary housing to avoid them from defaulting to the density bonus program.
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After feedback from the Council, staff will work to prepare and present an ordinance after the first of the year.
Councilmember Iverson asked to explain the 5th point.
Mr. Biggs stated under the State’s density bonus program a developer could ask for a concession such as providing less parking. The idea is that if people are proposing affordable housing on their site, are there some concessions they could be given to help offset that cost, as it might distract from the economic viability.
Councilmember Iverson said if they are 10% affordable, they automatically qualify for additional density and waivers and concessions. She asked if Mr. Biggs was suggesting the City should provide additional waivers and concessions.
Mr. Biggs said no, it is unrelated to the density bonus projects. Not everyone pursues or uses the density bonus program.
Councilmember Iverson said they get it and have it. They may or may not build those extra units, but they have entitlement to build those extra units.
Mr. Biggs explained that someone can come in and say they want to build a market rate 20-unit project and does not want to use the density bonus program and not build affordable units.
Councilmember Iverson said the City requires them by law to build 2 affordable units.
They qualify for the density bonus and automatically receive waivers and concessions if they build those 2 affordable units. The City requires it and they have those, so the question seems to apply should the City add more on top of those.
Mr. Biggs said this was not their intent. They were surveying what existing ordinances include and the density bonus program is not that well tested. In looking at the array of inclusionary housing programs, in the past they sometimes included incentives so Councilmember Iverson’s point is well-taken.
Councilmember Iverson said she believes the City must give them waivers and concessions if they build 10% affordable, and the City Attorney confirmed.
Mayor Miller asked if the 10% affordable for the density bonus was not moderate and had to be low income.
Councilmember Iverson said it cannot be 2 units as moderate. She believes they are low income units.
Mr. Buckley said the higher the level of affordability the fewer units you need to qualify.
As far as when density bonus and waiver comes into play, he thinks it often comes into play when you have provided as little as 1 unit.
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Councilmember Iverson said the sliding scale is very important because the if you were 15% very affordable, you get quite a few waivers and concessions and things like unlimited height.
Mr. Buckley said there is not really a formula for all of that either. With waivers in particular it seems to be a developer can make the case that they need the waiver in order for the project to pencil out, but staff does not have much ability to prove or ask for the background data for that any longer.
City Attorney Wolff said she believes it has to do with physically being able to build the project which is the qualifier for the waivers. Concessions are different in that it is a sliding scale and you get more the more affordable you make the project. So, this evening staff was prepared mostly to talk about inclusionary housing and so she has not reminded herself of all details and rules.
Councilmember Iverson said when she saw number 5, she was not sure it was clear for her fellow decision-makers that the density bonus law is there to be a powerful incentive for people to build affordable. The inclusionary housing trend has happened subsequently but that law exists so that anybody who builds affordable on different levels gets more and more concessions and waivers, and those concessions can include no parking. It can include height waivers, additional density, waiver of some objective design standards, flat roofs, etc. and all of those things cities normally regulate.
She asked to keep in mind that the City used to be able to require parking and retail for mixed use, and both of those requirements have been taken away so they no longer need to ask for those as waivers and concessions. Those are not “require able” to begin with.
And, they get the density automatically plus waivers and concessions.
So, the only question is, in addition to that very powerful incentive that exists right now, the City also wants to require that maybe one or two projects that do not want to use that tool we will require them to build 10% affordable as part of their project at which point they will qualify for all those incentives. That is the question for number 5. They will qualify if the City requires every new project to have 10% affordable, they will qualify. The only question is, how many.
Mr. Buckley said Councilmember Iverson said it as “they will qualify for everything.” The “everything” is maybe the quibble. They will qualify for what they qualify with 10% but they will qualify for more if they had 20% for instance.
Councilmember Iverson agreed and said they will qualify for 10% depending on whether they go moderate, affordable, or very affordable, but they will get the density bonus for that 10%. They will get additional units, additional height, and she is only emphasizing this because she sat through so many hearings in the Downtown Precise Plan and Housing Element where people were really concerned about height and density.
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The City worked so hard to create a Housing Element that they felt was a good balance knowing the density bonus law is there and anybody who comes in and builds affordable will be able to add density and height, and the City is completely prepared for that. To meet their RHNA numbers, they actually hope some numbers do come in and they hope they get several all affordable projects as they need all of those elements to come together. Number 5 just struck her as misconstruing the density bonus law relative to the fact that there is “do you want it” or “do you not want it.” It is just a matter of whether they are going to force people to build a certain percentage of affordable. Therefore, she cannot think of any reason to add incentives on top of what the State has already given.
Ms. Wolff said when she read number 5 in the staff report, she recognized it from the May staff report. She emailed the City Manager to ask if he provided the Council with a correction back in May about paragraph number 5. He did and he resent it to the Council today.
Mr. Biggs apologized and said when he attached the staff report from the last meeting, this was a supplemental communication that modified that staff report. Unfortunately, he had missed the email on Friday and Ms. Wolff reminded him about it today. Under State law, any units required by an inclusionary ordinance that meet the State density bonus criteria would also count towards the density bonus provision such as concessions, waivers, and per the State formula an increase in allowable density. So, in thinking about it, while someone may be eligible for additional density, he has had experience where they do not want to use State density bonus. While they may be eligible for the State density program with waivers and concessions, someone might say they are going to build 15 units per acre, doing a small single family subdivision and they do not want to go to the higher density. If inclusionary will make them eligible for that, they will not do the density, so if they do not use the additional density, do they still get the waivers and concessions. So, the thinking is they would.
Ms. Wolff said this is precisely what happened at Vista Verde. They were eligible for more density than they ended up building, but they used the waivers and concessions.
Councilmember Iverson stated the incentives are there for the affordable housing and the additional density is there for building affordable housing so there is no reason that the State would not have given them the concessions in exchange for building affordable.
Mayor Miller agreed and it is a question of whether the City is requiring they build affordable.
Mr. Biggs said he thinks Councilmember Iverson’s point is that if someone is going to do a small, 10-unit subdivision they are planning 100% market rate. If the City has an inclusionary ordinance and they have chosen not to use the State density bonus program because they do not want to reconfigure the homes to fit that on site, they would have to make one of those 10 units affordable on site. Even if they are not using the additional density to do 11 units because it does not fit their plan or they just do not want to, they could still ask for concessions or waivers. The main point of this question is probably moot if they are doing that.
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Mayor Miller said she thinks Mr. Biggs is pointing out that the Council needs to be aware that if they are requiring affordable housing be built, they also have the same requirements on the City if a developer chose to build affordable which is that they would not have to comply with some of the design items. But, as far as the city’s objective design criteria, this question all gets very complicated and she does not feel they can ask staff this off the cuff.
Ms. Wolff said they can tell the Council what happened at Vista Verde where they used their concessions to address some objective requirements like a limit on number of stories, limit on amount of height, and also the private open space requirement. Those were all objective standards. They all got concessions.
Mr. Buckley said you are not going to use it to get out of discretionary standards because often cases there are none. There are some standards that do not apply such as color, and maybe there are some not related to the density issue or the height you are trying to build to, but staff does not know for sure.
Vice Mayor Gee said her question is about the in-lieu fee. She asked what would the City be doing with that money that encourages affordable housing. It seems they are such a small City as compared to San Francisco where you would be able to affect something.
Mr. Buckley said they would partner with affordable housing developers to help make affordable housing projects happen. Mr. Biggs said the City is not going to be able to solve the gap themselves but if they accumulated funds over some amount of time, they would have to do a separate study as to what would be the appropriate in-lieu fee. It would still be solving a problem of affordability, but they will not get enough money for the City to be the sole funder of the affordability for a single unit over time.
Councilmember Iverson said on the bigger scale, she asked if it is correct Mr. Biggs wrote number 4 was not an in-lieu fee instead of building the affordable. The way it is before the Council tonight is only if a project has fractional units because they are too small for it to apply. So, she asked if the City would want to deviate from this question and consider in-lieu more broadly.
Mr. Biggs said for some cities, they can only do an in-lieu fee if it is less than a whole unit.
If Orinda set its threshold to apply to 10 units, they could require the in-lieu fee for projects less than that where there would not be an on-site requirement. Or, some cities will let developers pay the in-lieu fee and not do the affordable housing at all. So, those are the array of options out there. The only example is here in Moraga where they have levied a fractional fee, but there is an array of options out there.
Councilmember Malkani said the Moraga ordinance exempts projects of 5 units or less from the on-site requirement. Mr. Biggs said they do require a fractional in-lieu fee.
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Councilmember Malkani asked why they chose that, and Mr. Biggs said likely it becomes hard to do it on-site. Councilmember Malkani said the materials were really helpful and said it appears that most jurisdictions’ number was between 5 and 8 and sometimes there is some fractional. She just was curious as to the insight around this is the norm.
Mr. Buckley said you want to make sure that you do not prevent the smaller projects from happening at all. At some point, it becomes very hard to make a project work economically if it is too small of a project and you are requiring inclusionary as a percentage. That seems to be in the 5 to 10-unit range.
Councilmember Malkani said her other question was, for very small projects does the City know in practice how many of those smaller projects end up building that one affordable unit as opposed to paying an in-lieu fee.
Mr. Biggs said based upon his experience, very small projects are not viable for them so they will generally not produce the affordable unit on site.
Councilmember Iverson pointed out that in addition to construction cost, there is the ongoing maintenance of it. They must screen every renter. They must ensure no one is committing fraud; that everyone is complying because there is risk of landlords cheating or tenants cheating that it is a highly regulated field. This is why you typically see it at a larger project and not for smaller projects. It is whether going through all of that for 1 or 2 units worth it as it can be very burdensome.
Mr. Biggs said the City is also playing a role of monitoring developments. The City does this for some BMR units currently at Orinda Grove and Mr. Buckley said there are 8 BMR units and they are ownership units.
Mayor Miller asked if the BMR units can also be for rental and ownership, and Ms. Wolff said a tremendous amount of staff and attorney time goes into when someone sells one of those BMR units, refinances or defaults on one of those BMR units.
Mr. Buckley said when it defaults, the concern is that it then becomes market rate because it goes back to the bank. The City must step in and either purchase the property or do something to prevent the default.
Mr. Biggs said a tool he has used in other communities where if you do see a good demand for these units, quite often there will be a first right of refusal for the City to buy the unit and then sell it to an eligible buyer. Then you record a new convenance if you want it to be available in perpetuity. The City has not gotten to that level of detail as to how they would administer programs but this will be something to look at as they begin, especially with for-sale affordable units. You have to have something like a revolving fund where you are buying the home for the fixed price and the person goes to sell it. You keep a list of interested parties and select an eligible buyer, so there is some cost associated with the transaction, but you hold it temporarily until you can close on the second half of the transaction. This allows them to record for 55 years as the maximum affordability covenant.
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Attachment: City Council Minutes of October 3, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 15 of 20 10.03.23
Mayor Miller asked if this is something the City will be facing whether they have an inclusionary housing ordinance or in-lieu fee because of the State laws that will spur developers to build affordable units. Mr. Biggs said he would anticipate the City would have the annual monitoring obligations, but in the past it was not as difficult when cities had redevelopment agencies because they were getting 20% of tax increment which was to be used for affordable housing, including monitoring of units.
Mayor Miller opened the Public Forum, and there were no speakers. She confirmed there was a written correspondence from Nick Waranoff.
Mayor Miller said the Council can discuss whether they want an inclusionary ordinance or it can return based on questions to be answered.
Councilmember Malkani said there were 5 specific items raised, and she suggested taking up each one and provide initial thoughts. She asked for comments on Number 1; the size of the development where the inclusionary ordinance would apply.
Mayor Miller said staff had indicated 10 units are often used as a threshold; however, she needs more clarify on this point.
Councilmember Iverson said she does not support an inclusionary housing ordinance at this time because these density bonus laws are fairly new and the City’s facts are different from the facts of the urban environments for which these laws were made. They are not San Francisco, Oakland, or Berkeley. They are a small town that has been given a large RHNA number. They just passed a Downtown Precise Plan and they need for projects to be built where private landowners who have not been open to selling. They need parking, mixed use, retail, and she is so afraid that the message that an inclusionary housing ordinance sends is that any contingency money in a budget will now be spent on providing affordable housing and anything else that could have gone to making a project from infeasible to feasible might get lost and they might not get projects.
She thinks the incentives for doing affordable as part of a bigger project are very good.
There were a few sites in the DPP that they upzoned specifically to attract larger projects and she hopes and believes they will get affordable with density bonus incentives in those projects and believes they will get some affordable projects. She does not think they will need to force every project to do affordable, so she would encourage the Council to wait and see and not jump on the band wagon. Orinda has many challenges to revitalize their downtown in a way that is specific to their opportunities and she is not ready to add this constraint.
She will not answer the questions, but thought number 4 which only states they should discuss in-lieu fees for projects below the minimum felt like it foreclosed the in-lieu conversation for those who support it.
Councilmember Malkani asked for more explanation of number 4.
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Attachment: City Council Minutes of October 3, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 16 of 20 10.03.23
Councilmember Iverson said if you look at the phrasing it states, “Should we consider inlieu fees for projects that are below the on-site minimum.” What they meant is the way Moraga says if you only have a 5 unit project and Orinda requires it for 5 and up but someone is doing a 3 unit project, then you pay a fee for the fractional unit. But, there is no ability to pay an in-lieu fee generally. She thought this was phrased in a way that was overly-limiting for a conversation Vice Mayor Gee was introducing.
Councilmember Riley said she was thinking that the lion’s share of towns nearby have inclusionary housing ordinances. She asked if a builder knows that is how the game is played. If Orinda had it, it would be part of the builder’s business now.
Councilmember Iverson said she thought about that. If they had no where to go to do market rate housing, she is just not seeing projects get built. When you look at California’s housing shortage, they have a huge supply demand and balance and right now, with interest rates where they are, labor and land costs, she is not seeing projects. If she saw many projects going up, she would have more confidence in that premise, but the industry is quiet right now in terms of things getting entitled, built, and open.
Councilmember Riley said perhaps Councilmember Iverson is suggesting that one more ordinance will be discouraging and will not help activity.
Councilmember Iverson said she does not think the City will get good quality projects and will never know what projects they never saw because of this ordinance. So, she does not think it is a competition between them and the other jurisdictions. She thinks projects are more or less feasible if you do not put a false tax on them for 10% of their inventory.
She questioned what would happen if they made every grocery store subsidize 10% of their sales for people who had a wristband showing they were at lower income. You would get fewer grocery stores built or fewer successful grocery stores.
She would like for other jurisdictions to test these laws and see if they are successful.
She does not think the benefits outweigh the potential to have fewer projects come forward, and she thinks feasible projects are more important than everyone having its share of affordable in it, and she knows they do not all agree on that. She is just afraid of not having anything get built.
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Attachment: City Council Minutes of October 3, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 17 of 20 10.03.23
Councilmember Malkani said she was not sure how many projects are out there being built now and how many are not, but it is very logical to her that high inflation rates are a huge factor in things not moving forward. And, she had the exact same reaction as Councilmember Riley, but she still thinks this is how the game is played now. Every other jurisdiction has it and in fact, the parameters proposed here seemed less restrictive than other jurisdictions. She thinks the City does need an inclusionary housing ordinance and thinks it sends a message that they care about affordable housing as a community. There are projects going up and thinks if projects are not coming to Orinda, it has to do more with a culture for years and years where Orinda said no growth. So, they are known for that. They also have some property owners who appear not wanting to sell. She does not personally understand that, so she thinks their problems are unique to Orinda and she does not see an inclusionary housing ordinance getting in the way. It is an important social public policy and she favors it.
In terms of the size of development, she thinks most jurisdictions had 5 to 8 units, and she was landing on 8, but 10 would not be more restrictive than other places. 10% to 15% appears to be common, but in order to make a determination about that, she would need much more information about number 5 which was she wants to understand the waivers and concessions.
Regarding whether the mix of on-site affordable units be proportionate, it seems to be the answer to number 3, and 4 is yes, although she did not understand 4 as saying that there is no in-lieu fee for projects below a certain amount or that you cannot also have an inlieu fee for projects above the minimum. She does not feel she understands it enough, especially how it works with the density bonus and waivers and concessions.
Mayor Miller said she feels the need for the affordability and thinks even though there are incentives, waivers and concessions, this is another way the City can encourage affordability in the community which is important. She does not know it will drive developers away as has been said. The neighboring communities have had them for a long time and have experienced development. In the past, there have been times when the City has been quite extreme on the difficulties they put in front of developers and they still seem to want to develop. Some have nearly gone bankrupt trying because the City has asked so much of them. So, she does not think it will drive away the good developments that would be here anyway. She thinks they will still come. She shares Councilmember Malkani’s comments about incentives, waivers, and concessions. She knows it takes so much staff time to bring this to the Council because it is a changing world, but it is also fascinating to analyze these laws so it would be valuable no matter where they are on these issues and what they can and cannot control.
As far as the size of development, some cities have small requirements and she thinks 8 to 10 was a fair number. Councilmember Malkani said she thinks 5 to 8 was more the norm, but after the discussion she thinks 8 to 10 makes sense.
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Attachment: City Council Minutes of October 3, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 18 of 20 10.03.23
Mayor Miller said she thinks 10 units still encourages something even though the incentives come to play at 10, but is undecided on that. Regarding the percentage of units that should be affordable, 10% makes sense. Regarding the mix of on-site affordable units to the proportion to the unit of the mix for the market rate, yes. They need to make things equal and not make some units affordable by design, but if these are all 3 bedroom houses, she asked if there could be a 2 bedroom that is made affordable by design.
For number 4, should an in-lieu fee be considered for projects below the on-site requirement? She thinks an in-lieu fee should be considered in line with what other communities have done. Orinda is basically going to end up as an in-lieu manager no matter what and it would be great to have funds to contribute to projects.
Vice Mayor Gee said she supports putting in place the inclusionary housing ordinance.
She is not sure how all the fine points of it will turn out in practicality, but she does worry that if they do not do it relative to the broader picture of the region, it is sending the wrong message. All the details of how it will work out can be adjusted over time or they will come out over time. She feels most strongly that in today’s housing environment in California, it is important to do it because it is another step to show good faith for what they are trying to accomplish.
Councilmember Riley said she thinks if they want to reach a middle ground here, they could think about the request that they go slow or think about this a little longer and not decide tonight. She does not think it will hurt them to wait on a social justice policy like this because she feels they will be doing a lot of good social policy through the State density bonus law. She does not know enough about any of this, but her gut tells her to wait a little longer. If they do not want to wait, she was not sure about particulars; however, she would go with 10 units, 10%, and she is not sure about in-lieu fees and questions about how pro-business they are, and the question about proportionality makes sense, and she cannot speak to number 5 because she defers to Councilmember Iverson.
Mayor Miller said she would like to see if there is consensus for staff to bring back some of the information about where they are at with the density bonus laws and incentives, and a review with where they are at with general housing laws and what mandates are on the City. There has been such a pro-housing element within the State legislature and a lot of it is driven by the desire to build market rate housing. The social justice aspect was brought up, but she is concerned that they get backed into a corner by people being able to come in and build a lot of just market rate housing, or that the City makes it too easy on them to build market rate and the City does not end up meeting their RHNA numbers.
Councilmember Riley said she understands this and this is why she is still thinking they can go forward, learn more about this topic, but at the same time not decide yet.
Mayor Miller asked if there was consensus to ask staff to return with more information.
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Attachment: City Council Minutes of October 3, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 19 of 20 10.03.23
Councilmember Iverson said she would prefer more information than going to right into drafting the ordinance because there were great questions raised about how Danville did it, what was getting built, because if they can get any new housing built it creates turnover and opportunities. It does not have to be forced rent control, but she is open-minded. If everybody is doing it and projects get built, it is a great outcome. But, she is not quite ready to have staff start drafting an ordinance.
Mayor Miller asked if Councilmember Iverson was okay with asking staff to bring back information about where the incentives are at, and Councilmember Iverson confirmed.
Councilmember Malkani said she is comfortable with that being the next step, but she feels this is an important thing to accomplish soon for policy reasons. She is very concerned that long delays send the opposite message as what they want to send as a community about bringing affordable housing here which they want to bring here. But, she believes there are many questions and this has been a helpful discussion and all Councilmembers voiced the need for more information.
EXTEND MEETING
MOTION by Councilmember Riley, and seconded by Councilmember Malkani, to extend the meeting until 10:15 p.m. Said motion carried by unanimous (5-0) roll call vote.
Mayor Miller asked when staff could return to the Council. Mr. Biggs suggested perhaps returning in December to strike a balance because there are a number of items that have not moved forward on the agenda. He also noted that staff are still unaware of the new state laws signed into law. He noted churches will be able to do housing by right after January 1st so the City is still proceeding with rezoning, but things are constantly changing.
I. COUNCILMEMBERS’ REPORTS – Councilmember Riley reported on her attendance to Cal Shakes Board meeting as the new liaison and heard strategies on different venues, more stable streams of income beyond just ticketing, staging facilities, and many other ideas.
Councilmember Iverson reported meeting with the Acalanes School District to discuss the parcel of land by Miramonte in the Housing Element. Sadly, they were not motivated, but while they did not say “no” they understand the City is upzoning it, and are prepared for questions from constituents, and that they may be approached for opportunities but were not particularly thinking about initiating a process or doing anything proactive at this time.
Mr. Biggs added that they recognize initiation of the rezoning and then if successful, they would look at opportunities to partner with someone, and the City can assist with this.
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Attachment: City Council Minutes of October 3, 2023 (3226 : City Council Minutes) Orinda City Council Minutes Page 20 of 20 10.03.23
J. CITY MANAGER’S REPORT – City Manager Biggs reported that people should look for the printed newsletter that comes out 2 or 3 times a year called the Orinda Way. This went out with the October edition of the Orinda News. There are interesting articles about evacuation, economic development, and a few other topics. The last Move Night is this Friday and there should be good weather for that.
K. MATTERS INITIATED – None.
M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:05 p.m. to the next Regular Council Meeting on Tuesday, October 17, 2023, at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of October 3, 2023 (3226 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: October 17, 2023
Department: Human Resources
AGENDA TITLE: Approval of a Side Letter of Agreement between the City of Orinda and Teamsters Local Union No. 856
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 57-23 authorizing the City Manager to execute the Side Letter of Agreement between the City of Orinda employees represented by Teamsters Local Union No. 856 effective October 21, 2023.
BACKGROUND:
The City has a Memorandum of Understanding (MOU) with Teamsters Local Union No. 856, the bargaining unit for the General Employees of the City of Orinda. The MOU was adopted by Resolution No. 33-22, for the period July 1, 2022, through June 30, 2025.
The City has been working to address recruiting and retention in a proactive manner. To get the pulse of employee concerns and improve retention and attraction of high-quality staff, the City conducted stay interviews with all regular employees early this year.
Following the stay interview process, staff reviewed the structure of its salary system and how this system compares with other Contra Costa County cities’ pay structures and process. Analysis of the data collected showed that, except for a few exceptions, Orinda employees have less opportunity, as compared to other public entities, to advance within the established salary range so long as they are meeting expectations of their classification. The City of Orinda salary range includes a 21-step salary range of Steps A through Step U with each “step” being a 1% increment in pay. The pay for performance system allows employees to move up either 1% for “Meets Expectations”, 2% for “Exceeds Expectations” or 3% for “Outstanding” based on their overall employee performance rating. Employees with a rating of “Improvement Needed” or “Unacceptable” are not eligible to receive an increase. In addition, long term employees who have attained the top of the salary scale (Step U) for their classification are not eligible to receive a performance increase under the pay for performance system.
The City and the Teamsters Local 856 have met and conferred and reached agreement on a Side Letter of Agreement (SLA) to the MOU regarding salary advancement increases for current employees, a five-step salary schedule for new employees, and a longevity pay structure recognizing our tenured employees.
DISCUSSION:
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The Side Letter of Agreement is subject to City Council approval and would be implemented effective October 21, 2023. The proposed Side Letter includes the following adjustments to the Memorandum of Understanding:
1. Amend Section 16.4.1 of the MOU to provide the opportunity to receive a five percent (5%) salary advancement based on the performance evaluation rating versus the current one percent (1%), two percent (2%) or three percent (3%), so long as the employee achieves a rating of “meets expectations” or above.
2. For all represented new employees hired after October 21, 2023, implementation of a 5-step salary structure with a 5% increment in pay between each step. The new structure is equivalent to the 21-step salary structure and would be equal to the Steps A, Step F, Step K, Step P and Step U for current employees.
3. Provide an increasing longevity pay differential for employees with at least ten (10) years of service with the City.
10 – 15 years of service - $100 Monthly
15 – 20 years of service - $150 Monthly
20 – 25 years of service - $200 Monthly
25+ years of service - $250 Monthly
Resolution No. 57-23 would authorize the City Manager to execute the SLA and implement the revised terms as outlined therein. A copy of the current Salary Schedule (Steps A through U) and the proposed new 5-Step Salary Schedule for new employees hired after October 21, 2023, is attached.
NEXT STEPS:
Staff will work to implement the adjustments for represented employees as described in this report.
FISCAL IMPACT:
There is adequate funding in the current Biennial Operating Budget for both fiscal years 2023-24 and 2024-25 to cover items that result in an additional cost as the Council approved Decision Package #1 – Employee Retention & Recruitment Package as part of the budget process.
On an annualized basis, the first year of the Side Letter Agreement will result in a net increase of approximately $30,775 (approximately $26,201 attributable to wages and $4,574 attributable to net change in benefit and payroll tax costs).
ATTACHMENTS:
A. Resolution 57-23 Adopt Represented Employees Side Letter of Agreement B. Side Letter of Agreement with Teamsters
C. General Employee Salary Schedule Step A through Step U D. General Employee 5-Step Salary Schedule
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Respectfully Submitted by:
Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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In the Matter of:
Approving the Side Letter of )
Agreement between the City of Orinda )
and the City of Orinda represented ) Resolution No. 57-23 Employees )
)
WHEREAS, the City of Orinda and the City of Orinda represented employees have met and conferred in good faith regarding wages, hours and other terms and conditions of employment pursuant to the provisions of Section 3500, et. seq. of the Government Code of the State of California; and
WHEREAS, the parties have reached an agreement on matters relating to the employment conditions and employer-employee relations of such employees; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby authorize the City Manager to execute the Side Letter of Agreement between the City of Orinda and the City of Orinda represented employees effective October 21, 2023; and
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute and implement all changes in terms and conditions of employment as stipulated within the document effective October 21, 2023.
Adopted by the City Council of the City of Orinda at a regular meeting on October 17, 2023.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________
Inga Miller, Mayor
ATTEST:
_______________________
Sheri Marie Smith
City Clerk
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Attachment: Resolution 57-23 Adopt Represented Employees Side Letter of Agreement (3223 : Approval of Side Letter of Agreement with
SIDE LETTER OF AGREEMENT
BETWEEN
THE CITY OF ORINDA
AND
THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 856
Employee Retention Agreement
The City of Orinda and the Interna�onal Brotherhood of Teamsters Local 856 (collec�vely known as “the Par�es”) have agreed to amend specific sec�ons of the current Memorandum of Understanding (“MOU”) as memorialized herein. The Par�es have met and conferred and reached agreement on this Side Leter of Agreement (SLA) to the MOU regarding Salary Advancement Increases for current employees, a FiveStep Salary Schedule for new employees, and a Longevity Pay structure for tenured employees.
This SLA is intended to memorialize the agreement reached between the Par�es and concludes the meet and confer in its en�rety. Moreover, this SLA is not intended to supersede any terms and condi�ons of employment contained in the MOU other than those specifically iden�fied herein.
For purposes of the MOU amendments set forth below, language that is overstruck (e.g., overstruck) will be omited from the MOU. Language that is underlined and boldfaced will be added to the MOU as indicated. The atached Five-Step salary schedule atached hereto and referred to below, will replace the exis�ng salary schedule in its en�rety for new employees hired on or a�er October 21, 2023.
Salary Advancement
16.4 Performance Based Salary Advancement: Effec�ve upon ra�fica�on of this Agreement, rules for salary advancement within an established salary range are listed below:
16.4.1 Based on a performance evalua�on and associated “ra�ng” employees shall advance 03 through 3 5 “steps” within the range. The ra�ng system with corresponding salary step increases is as follows.
Outstanding performance: three steps (3%) five steps (5%) Exceeds expecta�ons: two steps (2%) four steps (4%)
Meets expecta�ons or above: one step (1%) three steps (35%) Improvement needed: 0 step (0%)
Unacceptable: No step advancement, with an admoni�on that job performance must improveimprove, or ac�on may be taken to terminate employment.
Transi�on to Tradi�onal 5-Step Salary and Wage Schedule For new employees, the City will establish a tradi�onal Five Step salary structure (5% increments between each step). There is no change to the minimum and maximum ranges or the general salary increases as stated in the Memorandum of Understanding (MOU). The movement from one step to the next 5% increment step will require the employee (not at the top of scale) to obtain a Meets Expecta�ons ra�ng on their Introductory or Annual Evalua�on.
When the par�es meet to nego�ate a successor Memorandum of Understanding (MOU), the intent will be to incorporate the 5-Step salary structure for all employees.
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Attachment: Side Letter of Agreement with Teamsters (3223 : Approval of Side Letter of Agreement with represented employees) Longevity Pay
Longevity pay is addi�onal compensa�on given to employees based on their length of service. The below differen�als are addi�ve only and will not compound with a previous differen�al the employee may have enjoyed. The City will pay all full-�me employees who have obtained at least a “Meets Expecta�ons” on their most recent performance evalua�on a longevity incen�ve as follows:
Effec�ve the first pay period of __________ 2023, employees between ten (10) and up to fi�een (15) years of con�nuous service with the City of Orinda shall be given a one-hundred-dollar ($100.00) longevity differen�al monthly.
Effec�ve the first pay period of __________ 2023, employees between fi�een (15) and up to twenty (20) years of con�nuous service with the City of Orinda shall be given a one hundredand fi�y-dollar ($150.00) longevity differen�al monthly.
Effec�ve the first pay period of __________ 2023, employees between twenty (20) and up to twenty-five (25) years of con�nuous service with the City of Orinda shall be given a twohundred-dollar ($200.00) longevity differen�al monthly.
Effec�ve the first pay period of __________ 2023, employees with twenty-five (25) years or more years of con�nuousservice with the City of Orinda shall be given a two hundred- and fi�ydollar ($250.00) longevity differen�al monthly.
CITY OF ORINDA
______________________________________ __________________________________ Date
______________________________________ __________________________________ Date
______________________________________ __________________________________ Date
THE INTERNATIONAL BROTHERHOOD OF TEAMSTER, LOCAL 856
______________________________________ __________________________________ Date
______________________________________ __________________________________ Date
______________________________________ __________________________________ Date
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Attachment: Side Letter of Agreement with Teamsters (3223 : Approval of Side Letter of Agreement with represented employees) City of Orinda
General Employee Salary Schedule
Effective July 1, 2023
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 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 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 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 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 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 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 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 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 Step B Position Title Effective Unit Monthly Position Step A Step C F.2.c
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Attachment: General Employee Salary Schedule Step A through Step U (3223 : Approval of Side Letter of Agreement with represented City of Orinda
General Employee Salary Schedule
Effective July 1, 2023
Resolution No. 40‐23
Prepared June 8, 2023
Accountant
Accounting Technician I
Accounting Technician II
Accounting Technician III
Administrative Assistant I
Administrative Assistant II
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Community Services Officer
Facility Maintenance Worker I
Facility Maintenance Worker II
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Office Assistant
Planning Technician
Public Works Inspector
Recreation Coordinator
Recreation Supervisor I
Senior Administrative Assistant
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 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 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 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 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 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 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 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 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 Step D Step E Step F Step G Step H
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Attachment: General Employee Salary Schedule Step A through Step U (3223 : Approval of Side Letter of Agreement with represented City of Orinda
General Employee Salary Schedule
Effective July 1, 2023
Resolution No. 40‐23
Prepared June 8, 2023
Accountant
Accounting Technician I
Accounting Technician II
Accounting Technician III
Administrative Assistant I
Administrative Assistant II
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Community Services Officer
Facility Maintenance Worker I
Facility Maintenance Worker II
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Office Assistant
Planning Technician
Public Works Inspector
Recreation Coordinator
Recreation Supervisor I
Senior Administrative Assistant
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 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 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 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 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 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 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 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 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 Step I Step J Step K Step L Step M
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Attachment: General Employee Salary Schedule Step A through Step U (3223 : Approval of Side Letter of Agreement with represented City of Orinda
General Employee Salary Schedule
Effective July 1, 2023
Resolution No. 40‐23
Prepared June 8, 2023
Accountant
Accounting Technician I
Accounting Technician II
Accounting Technician III
Administrative Assistant I
Administrative Assistant II
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Community Services Officer
Facility Maintenance Worker I
Facility Maintenance Worker II
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Office Assistant
Planning Technician
Public Works Inspector
Recreation Coordinator
Recreation Supervisor I
Senior Administrative Assistant
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 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 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 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 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 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 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 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 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 Step N Step O Step P Step Q Step R
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Attachment: General Employee Salary Schedule Step A through Step U (3223 : Approval of Side Letter of Agreement with represented City of Orinda
General Employee Salary Schedule
Effective July 1, 2023
Resolution No. 40‐23
Prepared June 8, 2023
Accountant
Accounting TechnicianI
Accounting Technician II
Accounting Technician III
Administrative AssistantI
Administrative Assistant II
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Community Services Officer
Facility Maintenance WorkerI
Facility Maintenance Worker II
Maintenance WorkerI
Maintenance Worker II
Maintenance Worker III
Office Assistant
Planning Technician
Public Works Inspector
Recreation Coordinator
Recreation SupervisorI
Senior Administrative Assistant
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
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
6,803.93 39.25 6,871.96 39.65 6,940.68 40.04
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
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
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
6,865.99 39.61 6,934.65 40.01 7,003.99 40.41
7,603.35 43.87 7,679.38 44.30 7,756.18 44.75
6,620.19 38.19 6,686.39 38.58 6,753.27 38.96
Step S StepT StepU
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Attachment: General Employee Salary Schedule Step A through Step U (3223 : Approval of Side Letter of Agreement with represented
CITY OF ORINDA
5-Step Salary Schedule
Applies to NEW employees hired after [DATE]
City of Orinda
General Employee Unit
Effective July 1, 2023
Resolution No. XX-23
Prepared 9/20/2023
Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Accountant 7/1/2023 General 7,281.87 8,885.28 7,281.87 42.01 7,653.32 44.15 8,043.72 46.41 8,454.02 48.77 8,885.28 51.26 Accounting Technician I 7/1/2023 General 4,990.67 6,089.56 4,990.67 28.79 5,245.24 30.26 5,512.81 31.80 5,794.01 33.43 6,089.56 35.13 Accounting Technician II 7/1/2023 General 5,338.52 6,514.00 5,338.52 30.80 5,610.83 32.37 5,897.05 34.02 6,197.85 35.76 6,514.00 37.58 Accounting Technician III 7/1/2023 General 5,873.06 7,166.22 5,873.06 33.88 6,172.63 35.61 6,487.50 37.43 6,818.42 39.34 7,166.22 41.34 Administrative Assistant I 7/1/2023 General 4,701.92 5,737.24 4,701.92 27.13 4,941.77 28.51 5,193.84 29.96 5,458.78 31.49 5,737.24 33.10 Administrative Assistant II 7/1/2023 General 5,030.96 6,138.72 5,030.96 29.02 5,287.59 30.51 5,557.31 32.06 5,840.79 33.70 6,138.72 35.42 Assistant Engineer 7/1/2023 General 9,191.63 11,215.55 9,191.63 53.03 9,660.51 55.73 10,153.28 58.58 10,671.22 61.56 11,215.55 64.71 Assistant Planner 7/1/2023 General 8,062.16 9,837.37 8,062.16 46.51 8,473.41 48.89 8,905.64 51.38 9,359.92 54.00 9,837.37 56.75 Associate Engineer 7/1/2023 General 9,833.14 11,998.28 9,833.14 56.73 10,334.72 59.62 10,861.88 62.66 11,415.96 65.86 11,998.28 69.22 Associate Planner 7/1/2023 General 8,627.59 10,527.29 8,627.59 49.77 9,067.68 52.31 9,530.22 54.98 10,016.34 57.79 10,527.29 60.73 Community Services Officer 7/1/2023 General 5,688.20 6,940.68 5,688.20 32.82 5,978.35 34.49 6,283.31 36.25 6,603.81 38.10 6,940.68 40.04 Facility Maintenance Worker I 7/1/2023 General 5,427.17 6,622.16 5,427.17 31.31 5,703.99 32.91 5,994.94 34.59 6,300.77 36.35 6,622.16 38.20 Facility Maintenance Worker II 7/1/2023 General 5,808.57 7,087.56 5,808.57 33.51 6,104.86 35.22 6,416.27 37.02 6,743.57 38.91 7,087.56 40.89 Maintenance Worker I 7/1/2023 General 5,427.17 6,622.16 5,427.17 31.31 5,703.99 32.91 5,994.94 34.59 6,300.77 36.35 6,622.16 38.20 Maintenance Worker II 7/1/2023 General 5,808.57 7,087.56 5,808.57 33.51 6,104.86 35.22 6,416.27 37.02 6,743.57 38.91 7,087.56 40.89 Maintenance Worker III 7/1/2023 General 6,388.75 7,795.50 6,388.75 36.86 6,714.65 38.74 7,057.16 40.71 7,417.14 42.79 7,795.50 44.97 Office Assistant 7/1/2023 General 4,098.91 5,001.45 4,098.91 23.65 4,307.99 24.85 4,527.74 26.12 4,758.72 27.45 5,001.45 28.85 Planning Technician 7/1/2023 General 5,772.31 7,043.32 5,772.31 33.30 6,066.75 35.00 6,376.23 36.79 6,701.46 38.66 7,043.32 40.63 Public Works Inspector 7/1/2023 General 7,657.92 9,344.10 7,657.92 44.18 8,048.54 46.43 8,459.09 48.80 8,890.60 51.29 9,344.10 53.91 Recreation Coordinator 7/1/2023 General 5,740.07 7,003.99 5,740.07 33.12 6,032.87 34.81 6,340.62 36.58 6,664.06 38.45 7,003.99 40.41 Recreation Supervisor I 7/1/2023 General 6,356.53 7,756.18 6,356.53 36.67 6,680.77 38.54 7,021.56 40.51 7,379.73 42.58 7,756.18 44.75 Senior Administrative Assistant 7/1/2023 General 5,534.60 6,753.27 5,534.60 31.93 5,816.91 33.56 6,113.64 35.27 6,425.48 37.07 6,753.27 38.96 Step 2 Step 3 Step 4 Step 5 Position Title Effective Unit Monthly Position Step 1 F.2.d
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Attachment: General Employee 5-Step Salary Schedule (3223 : Approval of Side Letter of Agreement with City Council
Staff Report
Agenda Item: F.3
Date: October 17, 2023
Department: Human Resources
AGENDA TITLE: Amendments to Unrepresented Employee Manual to Address Recruitment and Retention
RECOMMENDATION:
Staff recommends City Council approval of Resolution No. 61-23, amending the Unrepresented Employee Manual Articles 1 and 2 with regard to the following updates:
1) Establish a 5-Step Salary Range for new employees 2) Add Article 1.9 Longevity Pay, and 3) Adjust Article 2.5 Performance Based Salary Increases and 4) Delete Article 2.6
BACKGROUND:
The City of Orinda has Mid-Managers and Managers who are unrepresented for purposes of negotiating terms and conditions of employment. This includes the Department Heads, Managers, Supervisors and Mid-Managers. Adjustments to the Unrepresented Employee Manual are developed by the City Manager, working with the Human Resources Manager. The proposed adjustments were also shared in advance with all covered employees to obtain input and comments.
The City has been working to address recruiting and retention in a proactive manner.
To get the pulse of employee concerns and improve retention and attraction of highquality staff, the City conducted stay interviews with all regular employees early this year.
Following the stay interview process, staff reviewed the structure of its salary system and how this system compares with other Contra Costa County cities’ pay structures and process. Analysis of the data collected showed that, except for a few exceptions, Orinda employees have less opportunity, as compared to other public entities, to advance within the established salary range so long as they are meeting expectations of their classification. The City of Orinda salary range includes a 21-step salary range of Steps A through Step U with each “step” being 1% increment in pay. The pay for performance system allows employees to move up either 1% for “Meets Expectations”, 2% for “Exceeds Expectations” or 3% for “Outstanding” based on their overall employee performance rating. Employees with a rating of “Improvement Needed” or “Unacceptable” are not eligible to receive an increase. In addition, long term employees who have attained the top of the salary scale (Step U) for their classification are not eligible to receive a performance increase under the pay for performance system.
The City proposes several enhancements to address salary advancement increases for current employees, a five-step salary schedule for new employees, and a longevity pay structure recognizing our tenured employees. The proposed changes are equal to F.3
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those contained in the Side Letter Agreement with the represented employees being considered by the Council.
DISCUSSION:
A redline excerpt showing just the changed sections of the Unrepresented Employee Manual is attached (See Attachment B) is attached. Attachment C contains a new 5- Step salary range for new employees hired after October 21, 2023.
The City Manager recommends that the City Council approve Resolution No. 61-23, amending the terms and conditions of employment for Unrepresented Employees with regard to the following areas proposed:
1.7 Salary Range: For all new unrepresented employees hired after October 21, 2023, implementation of a 5-step salary structure with 5% increment in pay between each step. The new structure is equivalent to the 21-step salary structure and would be equal to the Steps A, Step F, Step K, Step P and Step U for current employees.
1.9 Longevity Pay: Effective October 21, 2023, provide an increasing longevity pay differential for unrepresented employees with at least ten (10) years of continuous service with the City of Orinda.
10 – 15 years of service - $100 Monthly
15 – 20 years of service - $150 Monthly
20 – 25 years of service - $200 Monthly
25+ years of service - $250 Monthly
2.5 Performance-Based Salary Increases: Amend Article 2.5 to provide the opportunity for unrepresented employees to receive a five percent (5%) salary advancement based on the performance evaluation rating versus the current one percent (1%), two percent (2%) or three percent (3%), so long as the employee achieves a rating of “Meets Expectations” or above. The proposed change will take effect October 21, 2023.
2.6 Exceptional/Extra-Ordinary Performance Based Salary Increase: Delete Article 2.6 as it reflects the opportunity of four percent (4%) or five percent (5%) for extra-ordinary performance due to above change to five percent advancement opportunity. This article will no longer be applicable with the new performancebased salary increases.
NEXT STEPS:
Staff will work to implement the adjustments for unrepresented employees as described in this report and make updates to the Unrepresented Employee Manual.
FISCAL IMPACT:
There is adequate funding in the current Biennial Operating Budget for both fiscal years 2023-24 and 2024-25 to cover items that result in an additional cost as the Council F.3
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approved Decision Package #1 – Employee Retention & Recruitment Package as part of the budget process.
On an annualized basis, the first year of these amendments will result in a net increase of approximately $10,271 (approximately $8,741 attributable to wages and $1,530 attributable to net change in benefit and payroll tax costs).
ATTACHMENTS:
A. Resolution 61-23 Amending Unrepresented EE Manual
B. Unrepresented Employee Manual Redline
C. Unrepresented Employee 5-Step Salary Schedule
Respectfully Submitted by:
Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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In the Matter of:
Amending the terms and conditions of )
Employment for regular
Unrepresented Employees
)
)
Resolution No. 61-23
WHEREAS, on July 18, 2006, the City Council adopted Resolution No. 48-06, which established and set forth the terms and conditions of employment governing MidManagement and Management employees who are not represented by a recognized bargaining unit; and
WHEREAS, on July 5, 2022, the City Council adopted Resolution No.34-22; amending the terms and conditions of employment for Unrepresented Employees; and WHEREAS, the City Council, during closed sessions, met and discussed the terms and conditions of employment; and
WHEREAS, the City Manager met with the unrepresented employees to discuss matters covered in the manual, hear concerns and receive input during the process; and WHEREAS, the Fiscal Year 2023-2024 Budget, adopted on June 20, 2023, includes sufficient funding to implement the proposed benefits and other terms and conditions of employment.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the amendments to the Unrepresented Employee Manual for the period beginning October 21, 2023.
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute and implement all changes in terms and conditions of employment as stipulated within the document effective October 21, 2023.
Approved and adopted by the City Council of the City of Orinda at a regular meeting on October 17, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Inga Miller, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
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Attachment: Resolution 61-23 Amending Unrepresented EE Manual (3229 : Unrepresented Employee Manual amendments Article 1 & 2) 1 CITY OF ORINDA
UNREPRESENTED EMPLOYEEMANUAL
This document establishes the rules governing benefits and working conditions, which are in effect for unrepresented employees and have been approved by the City Council of the City of Orinda.
This Unrepresented Employment Manual provides the personnel policies and procedures that affect the working conditions and benefits of unrepresented employees appointed to a regular budgeted position (excludes temporary or seasonal employees), in the City of Orinda. Rules, which describe general policies of the City's personnel system, are found in the City of Orinda Personnel Rules. This manual supersedes the City of Orinda Personnel Rules when language is in conflict with this Manual.
ARTICLE 1
SALARY, OTHER PAY AND OVERTIME
1.1 Intent: This Section is intended only to define the normal hours of work and the time for which salary shall be paid. Nothing in these rules shall be construed as a guarantee of hours of work per day or per week, or of days of work per week. The City's pay records, practices and procedures shall govern the payment of all wages.
1.2 Hours and Days of Work: Full-time employees shall work a predetermined work schedule of 80 hours per two-week pay period with the start and end days and times of such workweek determined by the schedule of the employee.
1.3 Workweek: As soon as administratively possible, no later than September 24, 2022,thestandard work week and payroll period for full-time employees will be based on a 9/80 work schedule pursuant to the City of Orinda Administrative Regulations Flexible and Compressed Work Schedule Policy Guidelines.
1.4 Regular Workweek: Flexible or compressed work schedules are authorized by the City Manager consistent with this Manual and in compliance with the City’s Flexible and Compressed Work Schedule Policy Guidelines.
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Attachment: Unrepresented Employee Manual Redline (3229 : Unrepresented Employee Manual amendments Article 1 & 2) 2 1.5 Payment of Salaries: Employees shall be paid on a bi-weekly basis. Employees will be paid every two (2) weeks, twenty-six (26) times annually. In the event that a payday falls on a holiday that is also a bank holiday, the paydaywill bethe preceding work day.
1.6 Mandatory Professional Fees and Licenses: The City will assume full payment of the mandatory professional fees and licenses required by employees in the following unrepresented classes in order to maintain their continued employment with the City of Orinda:
City Clerk
Director of Public Works and Engineering Services
City Engineer
Senior Civil Engineer
Paving Program Manager (Limited Term)
1.7 Salary Range: The current salary range shall be as adopted by the City Council in a Salary schedule which establishes the pay for all unrepresented positions.
The schedule shall identify a salary for each “step” within the range (steps “A” through “U”). Effective October 21, 2023, nNew employees shall be appointed to a step within thean approved 5-Step salary range.
1.8 Premium Pay: The Classification of Assistant City Manager/Department Head shall be provided 5% premium pay above his/her salary for the job classification for which he/she holds.
1. 9 Longevity Pay: Longevity pay is additional compensation given to employees based on their length of service. The below differentials are additive only and will not compound with a previous differential the employee may have enjoyed.
Starting October 21, 2023, the City will pay all full-time employees who have obtained at least a “meets expectations” on their most recent performance evaluation a longevity incentive as follows:
Effective the pay period starting October 21, 2023, employees between ten (10) and up to fifteen (15) years of continuous service with the City of Orinda shall be given a one-hundred dollar ($100.00) longevity differential monthly.
Effective the pay period starting October 21, 2023, employees between fifteen (15) and up to twenty (20) years of continuous service with the City of Orinda shall be given a one hundred and fifty-dollar ($150.00) longevity differential monthly.
Effective the pay period starting October 21, 2023, employees between fifteen (20) and up to twenty-five (25) years of continuous service with the City of Orinda shall be given a two-hundred-dollar ($200.00) longevity differential monthly.
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Attachment: Unrepresented Employee Manual Redline (3229 : Unrepresented Employee Manual amendments Article 1 & 2) 3 Effective the pay period starting October 21, 2023, employees with twenty-five (25) years or more years of continuous service with the City of Orinda shall be given a two hundred and fifty-dollar ($250.00) longevity differential monthly.
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Attachment: Unrepresented Employee Manual Redline (3229 : Unrepresented Employee Manual amendments Article 1 & 2) 4 ARTICLE 2
INTRODUCTORY PERIOD
2.1 Length of Introductory Period: All original and promotional appointments to positions in the regular service shall be tentative and subject to an introductory period. The length of the introductory period shall be six (6) months of actual service and must be completed withintwelve (12) months of the hire date.
2.2 Objectives of Introductory Period: The introductory period shall be regarded as a part of the selection process and shall be used to closely observe and evaluate the employees work, to secure the most effective adjustment of a new employee to his or her position and to eliminate any introductory employee whose performance does not meet the required standards of work.
2.3 Rejection during Introductory Period: During the introductory period, an employee may be rejected from employment at any time by the City Manager without cause and without the right of appeal.
2.4 Rejection During Introductory Promotion: An employee rejected during the introductory period following a promotional appointment shall be reinstated to the classification from which he or she was promoted unless charges are filed and he or she is discharged in the manner provided in the City of Orinda Personnel Rules.
2.5 Performance-Based Salary Increases: Upon satisfactory completion of the Introductory Period, the employee may qualify for a performance increase.
Advancement within the established range shall be granted by the City Manager based upon performance reviews conducted by the employee's supervisor following the introductory period, and annually thereafter, until such time as the top of the salary range is achieved. Based on a performance evaluation and associated “rating” employees shall advance Salary increases in increments of 1 (1%), 2 (2%), 3 (3%) 4 (4%) or 5 (5%) “steps” within the range so long as they receive a meets expectations or above rating. may be awarded based upon the performance review. (Refer to 2.6 for salary increases in increments of 4% and 5%).
For employees completing an introductory period, the effective date of any step increase is the first (1st) full pay period following the introductory performance evaluation.
For all other employees, the effective date is the first (1st) full pay period following the date of the performance evaluation. The intent is to have a review every twelve (12) months. Performance evaluations should be completed fifteen (15) days prior to the scheduled effective date of the performance based salary advancement. No salary advancement will be granted until a performance evaluation is completed by the supervisor. The performance due date is applicable even if no performance based salary adjustment is provided either (1) due to a performance rated as "needing improvement" or (2) as a result of an employee being at the top of his or her salary range.
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Attachment: Unrepresented Employee Manual Redline (3229 : Unrepresented Employee Manual amendments Article 1 & 2) 5 For new employees, hired after October 21, 2023, the City will establish a traditional Five Step salary structure (5% increments between each step). The 5-Step salary structure will be equal to Step A, Step F, Step K, Step P and Step U. There is no change to the minimum and maximum ranges or the general salary increase agreed upon by Council action. The movement from one step to the next 5% increment step will require the employee (not at the top of scale) to obtain a “meets expectations” or above rating on their introductory or annual evaluation.
The intent is to transition all employees to a 5-step salary structure.
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Attachment: Unrepresented Employee Manual Redline (3229 : Unrepresented Employee Manual amendments Article 1 & 2) 6 2.6 Exceptional/Extra-Ordinary Performance-Based Salary Increases:
Management employees who, during the prior twelve month review period, receive a performance rating of exceptional or extra-ordinary management performance, are eligible to receive a performance increase of four percent (4%) for exceptional performance or five percent (5%) for extra-ordinary performance.
The exceptional performance and extra-ordinary performance must be documented by management practices which are above the Outstanding Rating level on a sustained basis. Specifically, the manager must assume responsibilities which are not normally expected and generally above their current position.
Additionally, the City should have either a demonstrated net fiscal benefit from the manager’s performance or a comparable public image enhancement. A net fiscal benefit would be either increased City revenues, decreased City expenditures, or both, resulting in a positive effect of the City’s budget. A public image enhancement could include items such as notable and positive relationship improvements with the community, improved community service, publicized achievements reflecting well on the City, or City awards. It is anticipated that this will be implemented on rare occasions.
During the City Manager’s annual performance review each year, he/she will report out to Council any mid-manager or director who the City Manager has given an exceptional or extra-ordinary performance review.
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Attachment: Unrepresented Employee Manual Redline (3229 : Unrepresented Employee Manual amendments Article 1 & 2)
CITY OF ORINDA
5-Step Salary Schedule
Applies to NEW employees hired after October 21, 2023
City of Orinda
Unrepresented Employees
Prepared 10/10/2023
Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Administrative Services Director * 7/1/2023 Unrep 14,690.18 17,924.80 14,690.18 84.75 15,439.52 89.07 16,227.08 93.62 17,054.81 98.39 17,924.80 103.41 City Clerk * 7/1/2023 Unrep 9,980.08 12,177.61 9,980.08 57.58 10,489.17 60.51 11,024.23 63.60 11,586.58 66.85 12,177.61 70.26 City Engineer 7/1/2023 Unrep 11,356.48 13,857.05 11,356.48 65.52 11,935.76 68.86 12,544.62 72.37 13,184.52 76.06 13,857.05 79.94 Director of Parks & Recreation * 7/1/2023 Unrep 11,676.48 14,247.51 11,676.48 67.36 12,272.09 70.80 12,898.08 74.41 13,556.03 78.21 14,247.51 82.20 Director of Planning * 7/1/2023 Unrep 13,026.85 15,895.25 13,026.85 75.15 13,691.35 78.99 14,389.75 83.02 15,123.78 87.25 15,895.25 91.70 Director of Public Works * 7/1/2023 Unrep 13,907.45 16,969.73 13,907.45 80.24 14,616.88 84.33 15,362.47 88.63 16,146.10 93.15 16,969.73 97.90 Education & Outreach Coordinator 7/1/2023 Unrep 7,928.65 9,674.44 7,928.65 45.74 8,333.07 48.08 8,758.14 50.53 9,204.90 53.11 9,674.44 55.81 Facility & Parks Supervisor 7/1/2023 Unrep 8,090.87 9,872.40 8,090.87 46.68 8,503.58 49.06 8,937.36 51.56 9,393.25 54.19 9,872.40 56.96 Human Resources Manager 7/1/2023 Unrep 9,332.21 11,387.08 9,332.21 53.84 9,808.26 56.59 10,308.57 59.47 10,834.41 62.51 11,387.08 65.69 Management Analyst I 7/1/2023 Unrep 7,928.65 9,674.44 7,928.65 45.74 8,333.07 48.08 8,758.14 50.53 9,204.90 53.11 9,674.44 55.81 Management Analyst II 7/1/2023 Unrep 8,485.40 10,353.81 8,485.40 48.95 8,918.24 51.45 9,373.15 54.08 9,851.29 56.83 10,353.81 59.73 Public Works Supervisor 7/1/2023 Unrep 8,090.87 9,872.40 8,090.87 46.68 8,503.58 49.06 8,937.36 51.56 9,393.25 54.19 9,872.40 56.96 Recreation Manager 7/1/2023 Unrep 9,610.00 11,726.02 9,610.00 55.44 10,100.19 58.27 10,615.39 61.24 11,156.89 64.37 11,726.02 67.65 Recreation Supervisor II 7/1/2023 Unrep 6,992.10 8,531.69 6,992.10 40.34 7,348.76 42.40 7,723.63 44.56 8,117.62 46.83 8,531.69 49.22 Senior Accountant 7/1/2023 Unrep 9,382.62 11,448.57 9,382.62 54.13 9,861.21 56.89 10,364.24 59.79 10,892.92 62.84 11,448.57 66.05 Senior Engineer 7/1/2023 Unrep 10,815.69 13,197.19 10,815.69 62.40 11,367.41 65.58 11,947.25 68.93 12,556.68 72.44 13,197.19 76.14 Senior Management Analyst 7/1/2023 Unrep 9,332.21 11,387.08 9,332.21 53.84 9,808.26 56.59 10,308.57 59.47 10,834.41 62.51 11,387.08 65.69 Senior Planner 7/1/2023 Unrep 9,488.32 11,577.54 9,488.32 54.74 9,972.32 57.53 10,481.00 60.47 11,015.64 63.55 11,577.54 66.79 * 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.
Position Title Effective Unit Monthly Position Step 1 Step 2 Step 3 Step 4 Step 5 F.3.c
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Attachment: Unrepresented Employee 5-Step Salary Schedule (3229 : Unrepresented Employee Manual City Council
Staff Report
Agenda Item: F.4
Date: October 17, 2023
Department: Administration
AGENDA TITLE: Approval of Salary Range Adjustment for City Clerk Classification and Amendment of Consolidated Salary Schedule
RECOMMENDATION:
Staff recommends City Council approval of Resolution No. 56-23 approving a salary range adjustment for the City Clerk classification and amending the Consolidated Salary Schedule to reflect same effective October 7, 2023
BACKGROUND: The City has been working to ensure we are able to recruit and retain high-quality employees and to minimize employee turnover. As part of that effort, from time to time, in response to specific circumstances where warranted, the City considers the need to adjust the compensation of certain classifications. For example, in 2020, there were equity adjustments made to the Director of Planning and Director of Administrative Services positions. To retain our City Clerk given current market conditions and active recruitment for City Clerk vacancies in nearby communities, there was a need to review the salary range for the City Clerk position.
Analysis of current data by the Human Resources Manager and City Manager indicates that the City Clerk classification is below other cities in the identified labor market by more than 19%. Consequently, staff is recommending an equity adjustment to the salary range of 19%. This will allow the incumbent to be retained with a merit increase based on recent performance evaluations, though below the new top step, and thus provide additional opportunities for future merit increases as additional steps will be available. Future adjustments, if not at the top of the range, are made based on performance evaluations and are not automatic. The new minimum salary will be $11,876.30 with a maximum of $14,491.36 monthly in the range. The proposed change to the City Clerk salary range will bring labor-market parity, assist with retention, and will make the City more competitive in attracting and retaining staff for this position if it becomes open in the future.
NEXT STEPS: The new salary schedule will become effective as of the date noted.
FISCAL IMPACT: None at this time as any costs associated with adjustments made in the current fiscal year are anticipated to be accommodated within the existing departmental budget.
ATTACHMENTS:
A. Resolution 56-23 Amending City Clerk Salary Schedule B. City Clerk Salary Schedule Update 10.2023
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Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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In the Matter of:
Amending the Salary Schedule )
For the City Clerk Classification
Effective October 7, 2023
)
)
)
Resolution No. 56-23
WHERAS, on June 20, 2023, the City Council adopted of Resolution No. 40-23 to amend the Consolidated Salary Schedule effective July 1, 2023 for Unrepresented Employees (Mid-Management and Management employees) who are not represented by a recognized bargaining unit and are collectively referred to as Unrepresented Employees; and
WHEREAS, the City has been working to ensure we are able to recruit and retain high quality employees and to minimize employee turnover; and WHEREAS, to retain our City Clerk given current market conditions and active recruitments for City Clerk vacancies in nearby communities, there was a need to review the salary range for the City Clerk classification; and WHEREAS, upon completion of a study by the Human Resources Manager it is recommended that the City Clerk classification salary range shall be adjusted to bring the salary to labor-market parity; and
WHEREAS, the amendment to the salary schedule for the City Clerk classification will be incorporated into the consolidated salary schedule; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby amend the current Salary Schedule for the City Clerk classification effective October 7, 2023 attached hereto and by reference made a part hereof.
Approved and adopted by the City Council of the City of Orinda at a regular meeting on October 17, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________________
Inga Miller, Mayor
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Attachment: Resolution 56-23 Amending City Clerk Salary Schedule (3221 : Adjust Salary Range for City Clerk Classification) ATTEST:
________________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 56-23 Amending City Clerk Salary Schedule (3221 : Adjust Salary Range for City Clerk Classification) City of Orinda
City Clerk Salary Schedule Update
Effective October 7, 2023
Resolution No. 56‐23
Prepared September 26, 2023
Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly City Clerk * 10/7/2023 Unrep 11,876.30 14,491.36 11,876.30 68.52 11,995.06 69.20 12,115.01 69.89 12,236.16 70.59 Step B Position Title Effective Unit Monthly Position Step A Step Step C D * 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.
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Attachment: City Clerk Salary Schedule Update 10.2023 (3221 : Adjust Salary Range for City Clerk City of Orinda
City Clerk Salary Schedule Update
Effective October 7, 2023
Resolution No. 56‐23
Prepared September 26, 2023
City Clerk *
Position Title Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly 12,358.54 71.30 12,482.11 72.01 12,553.39 72.42 12,733.00 73.46 12,860.34 74.19 12,988.93 74.94 Step E Step F Step G Step H Step I Step J
* 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.
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Attachment: City Clerk Salary Schedule Update 10.2023 (3221 : Adjust Salary Range for City Clerk City of Orinda
City Clerk Salary Schedule Update
Effective October 7, 2023
Resolution No. 56‐23
Prepared September 26, 2023
City Clerk *
Position Title Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly 13,188.83 76.09 13,250.01 76.44 13,382.51 77.21 13,516.35 77.98 13,651.53 78.76 13,788.03 79.55 Step K Step L Step M Step N Step O Step P
* 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.
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Attachment: City Clerk Salary Schedule Update 10.2023 (3221 : Adjust Salary Range for City Clerk City of Orinda
City Clerk Salary Schedule Update
Effective October 7, 2023
Resolution No. 56‐23
Prepared September 26, 2023
City Clerk *
Position Title Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly 13,925.90 80.34 14,065.16 81.15 14,205.83 81.96 14,347.87 82.78 14,491.36 82.78 Step Q Step R 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.
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Attachment: City Clerk Salary Schedule Update 10.2023 (3221 : Adjust Salary Range for City Clerk City Council
Staff Report
Agenda Item: F.5
Date: October 17, 2023
Department:
Public Works and
Engineering Services
AGENDA TITLE: Adopt Orinda Local Road Safety Plan (LRSP) RECOMMENDATION:
Staff Recommends the City Council Approve Resolution 58-23 Adopting the Orinda Local Roadway Safety Plan.
BACKGROUND:
Federal regulations require that each State have a Strategic Highway Safety Plan (SHSP). A SHSP is a statewide data-driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with federal, state, local and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis (or challenge) areas. The SHSP addresses the 4 Es of traffic safety: Engineering, Enforcement, Education, and Emergency Services.
While the SHSP is used as a statewide approach for improving roadway safety, A Local Road Safety Plan (LRSP) can be a means for providing local agencies with an opportunity to address unique safety needs in their jurisdictions. An LRSP provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads while contributing to the success of the SHSP.
The process of developing an LRSP can be tailored to local protocols, needs and issues.
Preparing an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan. An LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges.
An LRSP will be a requirement for an agency to be eligible to apply for federal funds, such as the Highway Safety Improvement Program (HSIP).
On June 21, 2021, the City of Orinda was awarded $40,000 in funding by the California Transportation Commission (CTC). The City’s Fiscal Year 2021/22 Adopted Capital Improvement Program budget included $70,000 (including the grant award) for the development of a Local Roadway Safety Plan CIP 4185.
TJKM Transportation Consultants were selected to prepare the City’s LRSP. In preparing the LRSP, TJKM gathered and analyzed historical collision data, identified potential roadway hazards related to the collisions, received stakeholder feedback, F.5
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recommended safety improvements, demonstrated the City’s responsiveness to safety challenges, and offered a proactive approach to addressing roadway safety needs for the entire transportation network.
A project website that was accessible through the City’s website:
https://www.orindasafestreets.com/, was setup to engage with the community and receive feedback. Residents were able to review collision history and submit comments regarding areas of concern. Data and feedback gathered was analyzed by TJKM to develop emphasis areas, initial findings and recommendations for the LRSP.
Additional feedback was received from the City’s Traffic Safety Advisory Committee (TSAC), Orinda Police Department, Moraga-Orinda Fire District, Orinda Union School District, Acalanes Union High School District, County Connection, Bike East Bay, Republic Services and Orinda Public Works Department.
DISCUSSION:
On August 15, 2023, the City Council received a staff report and presentation of the draft Local Roadway Safety Plan. TJKM discussed the process of developing the LRSP and the findings and recommendations of the City's LRSP. Staff solicited the City Council's feedback regarding the draft LRSP. The final Local Road Safety Plan, included as Attachment B, incorporates feedback and comments received from the August 15, 2023, City Council meeting.
Based on review of the data collected by methods noted in the previous section above, and evaluation of the feedback from the public survey and focus groups, the following Priority Emphasis Areas were identified:
• Address Hit Object Collisions
• Address Unsafe Speed Collisions
• Address Broadside Collisions
• Improve Intersection Safety (Camino Pablo Rd & Moraga Way) • Address Pedestrian and Bicycle Safety -per stakeholder request The 10 worst High Injury Intersections and Roadway Segments were identified, and counter measures were recommended. In addition, a list of safety improvements was recommended for Orinda’s 10 high injury intersections and roadway segments.
Project recommendations in the LRSP are eligible for HSIP funding from the recommended countermeasures and the identified high injury intersections and road segments. HSIP safety grants reimbursable ratios range from 50%, 90%, and 100% for eligible project expenses, depending on the type of safety countermeasure used.
Project expenses over the HSIP approved funding will be the City’s responsibility. If awarded HSIP funds, the City will have a maximum of five (5) years to complete construction. This would allow time to schedule HSIP grant project(s) into the Capital Improvement Program (CIP) schedule with appropriate funding if the City Council desires to proceed with each HSIP awarded project(s).
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NEXT STEPS:
The scope of work in the contract with TJKM also includes preparation of two (2) HSIP grant applications. City staff will work with TJKM to prepare the applications and apply for funding during the next HSIP funding cycle call for projects.
FISCAL IMPACT:
TJKM expenses for completing the work to date is approximately $48,000. Their contract has a budget of $51,357 (including amendment(s)). Administrative costs related to staff time for review and submittal of applications are budgeted under the Public Works Department Operations Budget.
ATTACHMENTS:
A. Resolution 58-23 Adopt Orinda Local Road Safety Plan B. (WEBLINK) City Of Orinda Local Road Safety Plan (LRSP) Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Sivakumar Natarajan, City Engineer
Approved by:
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Adopting the City of Orinda Local
Roadway Safety Plan
)
)
)
)
Resolution No. 58-23
WHEREAS, a Local Roadway Safety Plan (LRSP) provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads while contributing to the success of the Strategic Highway Safety Plan (SHSP); and
WHEREAS, the Highway Safety Improvement Program serves as a vital source of funds for the City to implement safety measures to reduce traffic fatalities and serious injuries on local streets; and
WHEREAS, the California Department of Transportation has established the criteria that in order to remain eligible for future Highway Safety Improvement Program funds, local cities and counties must develop a Local Road Safety Plan; and
WHEREAS, the City of Orinda requested, and was granted, state funds to develop the City's Local Road Safety Plan; and
WHEREAS, City staff worked with a traffic engineering consultant who conducted a safety analysis, investigated collision records to describe collision trends and identify high-risk locations, and developed a high injury network, collision profiles, a safety countermeasure toolbox, and an array of safety strategies to improve safety on our local roads; and
WHEREAS, as of January 2022, an LRSP is required for local agencies to be eligible for a variety of federal grants, including the Highway Safety Improvement Program (HSIP) funding and One Bay Area Grants (OBAG); and WHEREAS, on August 15, 2023, the City Council received a staff report and Presentation on the Local Roadway Safety Plan; and
WHEREAS, adopting the LRSP expeditiously will allow the City to be eligible for upcoming federally funded transportation grants; and WHEREAS, approval of the LRSP is planning and design work that is categorically exempt from the California Environmental Quality Act (CEQA) per §15306 Information Collection.
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Attachment: Resolution 58-23 Adopt Orinda Local Road Safety Plan (3225 : Adopt Local Road Safety Plan (LRSP)) NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orinda finds the above recitals are true and correct and have served as the basis for the findings and approvals set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Orinda adopts the Orinda Local Roadway Safety Plan dated October 2023 and attached to the staff report.
PASSED AND ADOPTED by the City Council of the City of Orinda at a regular meeting held on October 17, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________
Inga Miller, Mayor
ATTEST:
_______________________
Sheri Marie Smith
City Clerk
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Attachment: Resolution 58-23 Adopt Orinda Local Road Safety Plan (3225 : Adopt Local Road Safety Plan (LRSP))
ATTACHMENT B
City Of Orinda Local Road Safety Plan (LRSP) Weblink
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Attachment: (WEBLINK) City Of Orinda Local Road Safety Plan (LRSP) (3225 : Adopt Local Road Safety Plan (LRSP)) City Council
Staff Report
Agenda Item: F.6
Date: October 17, 2023
Department:
Public Works and
Engineering Services
AGENDA TITLE: Approve the Design of the Moraga Way and Valley View Drive Rectangular Rapid Flashing Beacon Crossing (City Project #4188) and Award Construction Contract to Columbia Electric.
RECOMMENDATION:
Staff recommends that the City Council: 1) Approve the design of the subject project; 2) Award the construction contract to Columbia Electric, Inc. of San Leandro, California for an amount of $156,420; 3) Authorize the City Manager to administratively approve contract change orders up to $23,480 (approximately 15% contingency); 4) Approve attached Budget Change Form increasing budget by $100,000; and 5) Authorize City Manager to execute a contract on behalf of the City, subject to approval as to form by the City Attorney.
BACKGROUND:
In response to citizen requests for a crosswalk at the intersection of Moraga Way and Valley View Drive/Ardor Drive, and recommendation by the Traffic safety Advisory Committee (TSAC), the City applied for and received a Transportation Development Act (TDA) grant in the amount of $80,000 for this project.
The City proceeded to prepare the design plans for the improvements, which are included as Attachment A. The preliminary estimate for the project was $100,000 as shown in the Capital Improvement Plan project detail page included as Attachment B.
During design, it was estimated that the cost of construction would be greater than $100,000 due to additional improvements that were necessary at the south corner of Valley View Rd and Moraga Way intersection in order to make the crosswalk and landing area compliant with current standards. The design requirements and existing conditions along with increased construction and material costs in recent years likely contributed to the higher than estimated low bid price. Even with increased costs, staff recommend the City Council award the project for construction as the low bid price is still competitive in the current market conditions.
The construction will include installing an LED Rectangular Rapid Flashing Beacon (RRFB) system, with push button activation, solar panels, advance signage, bollards, removal of existing striping, and application of new ladder-style crosswalk. Additional improvements include construction of the landing areas on both sides of Moraga Way, reconstructing the storm drainage connection, installing new asphalt concrete curbs and detectable warning surfaces.
DISCUSSION:
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Approval of Project Design: City Council approval of the attached project plans for the Moraga Way and Valley View Drive RRFB Crossing Project #4188 is in accordance with design immunity defense requirements listed under California Government Code Section 830.6.
Evaluation of 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 September 8, 2023. On October 3, 2023, five (5) bids were received with the following results.
Bidder Total Bid
Columbia Electric, Inc. $156,420
Ray’s Electric $157,870
St. Francis Electric, LLC $185,000
W. Bradley Electric $196,037
Kerex Engineering, Inc. $239,000
The low bidder, Columbia Electric, Inc. followed all the requirements to submit a bid and were responsive. Therefore, Staff recommends that the City Council determine the bid submitted by Columbia Electric, Inc. to be responsive and responsible.
In addition to the approval of the contract amount of $156,420, Staff is recommending that a contingency of approximately 15% be authorized to accommodate potential changes during construction. The adjusted work could be approved administratively as a contract change order by the City Manager, provided that the cumulative cost of all changes does not exceed $23,480. The total combined bid and contingency is $179,900. The contingency will only be expended to the extent that demonstrated contract changes are required as a result of changes in quantities and/or field conditions, as warranted by the agreement.
NEXT STEPS:
Upon approval, the construction contract will be delivered to the contractor for their signature and evidence of insurance preparation. Once the signatures, bonds and evidence of insurance have been reviewed and approved by the City, the construction contract will be executed. Project construction is anticipated to begin in November 2023.
FISCAL IMPACT:
The Construction Cost based on the recommended bid plus contingency exceeds the amount budgeted for the project. It is necessary to appropriate an additional $100,000 and Staff recommends use of the Transportation Impact Fees (Fund #205) as reflected on the Budget Change Form (Attachment D). Fund #205 has sufficient fund balance available to make this change. Attachment C shows the updated Capital Improvement Plan project detail page for #4188 and the Fund detail page for Fund #205.
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The total project cost as estimated in the CIP including design, construction management, construction and other incidental costs is $200,000, and of this amount the construction agreement including the contingency is $180,000.
ATTACHMENTS:
A. Moraga Way and Valley View RRFB Crossing Project Plans B. Current CIP Page for Project No. 4188
C. Updated CIP Page for 4188 and Fund Detail for Fund #205 D. Budget Change Form 003-24
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Sivakumar Natarajan, City Engineer
Approved by:
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LCC PROJECT NO.
DATE:DESIGNED:APPROVED:CHECKED:DETAILED:
NO. BY DATE
0 1/2 1
930 Estudillo Street
Martinez, California 94553-1620
(925) 228-4218 Fax (925) 228-4638
CITY OF ORINDA MORAGA WAY AND VALLEY VIEW DR
RRFB CROSSING
CITY PROJECT - -
2019.036.04
4 07/11/2023
CONTRA COSTA COUNTY CALIFORNIA
DESIGNED: DETAILED:
SHEET
OF
REVISIONS AND RECORD OF ISSUE
IF THIS BAR DOES NOT
MEASURE 1" THEN DRAWING IS
NOT TO FULL SCALE
07/11/23 www.lcc-inc.com
ENGINEERING & SURVEYING, INC.
XX XXX XXXXXXXXXXX XX/XX/XXXX CITY OF ORINDA DEPARTMENT OF PUBLIC WORKS MORAGA WAY AND VALLEY VIEW DR RRFB CROSSING CONTRA COSTA COUNTY
CALIFORNIA
LAFAYETTE
ORINDA
SIESTA VALLEY
REC AREA
MORAGA
PROJECT
SITE
WALNUT
CREEK
PROJECT
SITE
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Attachment: Moraga Way and Valley View RRFB Crossing Project Plans (3228 : Award Moraga Way-Valley LCC PROJECT NO.
DATE:DESIGNED:APPROVED:CHECKED:DETAILED:
NO. BY DATE
0 1/2 1
930 Estudillo Street
Martinez, California 94553-1620
(925) 228-4218 Fax (925) 228-4638
CITY OF ORINDA MORAGA WAY AND VALLEY VIEW DR
RRFB CROSSING
CITY PROJECT - -
2019.036.04
4 07/11/2023
CONTRA COSTA COUNTY CALIFORNIA
DESIGNED: DETAILED:
SHEET
OF
REVISIONS AND RECORD OF ISSUE
IF THIS BAR DOES NOT
MEASURE 1" THEN DRAWING IS
NOT TO FULL SCALE
07/11/23 www.lcc-inc.com
ENGINEERING & SURVEYING, INC.
XX XXX XXXXXXXXXXX XX/XX/XXXX F.6.a
Attachment: Moraga Way and Valley View RRFB Crossing Project Plans (3228 : Award Moraga Way-Valley LCC PROJECT NO.
DATE:DESIGNED:APPROVED:CHECKED:DETAILED:
NO. BY DATE
0 1/2 1
930 Estudillo Street
Martinez, California 94553-1620
(925) 228-4218 Fax (925) 228-4638
CITY OF ORINDA MORAGA WAY AND VALLEY VIEW DR
RRFB CROSSING
CITY PROJECT - -
2019.036.04
4 07/11/2023
CONTRA COSTA COUNTY CALIFORNIA
DESIGNED: DETAILED:
SHEET
OF
REVISIONS AND RECORD OF ISSUE
IF THIS BAR DOES NOT
MEASURE 1" THEN DRAWING IS
NOT TO FULL SCALE
07/11/23 www.lcc-inc.com
ENGINEERING & SURVEYING, INC.
XX XXX XXXXXXXXXXX XX/XX/XXXX F.6.a
Attachment: Moraga Way and Valley View RRFB Crossing Project Plans (3228 : Award Moraga Way-Valley LCC PROJECT NO.
DATE:DESIGNED:APPROVED:CHECKED:DETAILED:
NO. BY DATE
0 1/2 1
930 Estudillo Street
Martinez, California 94553-1620
(925) 228-4218 Fax (925) 228-4638
CITY OF ORINDA MORAGA WAY AND VALLEY VIEW DR
RRFB CROSSING
CITY PROJECT - -
2019.036.04
4 07/11/2023
CONTRA COSTA COUNTY CALIFORNIA
DESIGNED: DETAILED:
SHEET
OF
REVISIONS AND RECORD OF ISSUE
IF THIS BAR DOES NOT
MEASURE 1" THEN DRAWING IS
NOT TO FULL SCALE
07/11/23 www.lcc-inc.com
ENGINEERING & SURVEYING, INC.
XX XXX XXXXXXXXXXX XX/XX/XXXX F.6.a
Attachment: Moraga Way and Valley View RRFB Crossing Project Plans (3228 : Award Moraga Way-Valley Capital Improvement Plan
City of Orinda, California
'22/'23 '27/'28 thru
Per request originating in TSAC, add new crosswalk at this location, utilizing solar powered RRFB's (rectangular rapid flashing beacons). Install crosswalk striping and accessible landings at each side.
The city has been advised it was successful in obtaining a TDA grant to fund the majoriy of the project costs.
City staff would provide project and construction management Justification
Improves pedestrian safety. This project is in response to request/petition from residents. It is adjacent to bus stops Description
Project # 4188
Useful Life 15
Project Name RRFB Crosswalk, Moraga Way at Valley View
Category TRANSPORTATION / DRAIN
Type IMPROVEMENTS
Contact Public Works (925) 253-4231
Department PUBLIC WORKS
Total Project Cost: $100,000
Expenditures '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 7125 Design Contracts 20,000 20,000
7127 Construction Costs 80,000 80,000
Total 20,000 80,000 100,000
Funding Sources '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 205 Transportation Impact 20,000 20,000
Fees
263 Transportation 80,000 80,000
Development Act (TDA)
Total 20,000 80,000 100,000
2022/23-2027/28 CIP Wednesday, June 14, 2023
89 F.6.b
Packet Pg. 105 Attachment: Current CIP Page for Project No. 4188 (3228 : Award Moraga Way-Valley View RRFB Crossing) Capital Improvement Plan
City of Orinda, California Contact Public Works (925) 253-4231 '22/'23 '27/'28 thru
Department PUBLIC WORKS
Description
Per request originating in TSAC, add new crosswalk at this location, utilizing solar powered RRFB's (rectangular rapid flashing beacons). Install crosswalk striping and accessible landings at each side.
The city obtained a TDA grant which will cover some of the project costs.
Bids were received in October 2023. City staff would provide project and construction management.
Project # 4188
Justification
Improves pedestrian safety. This project is in response to request/petition from residents. It is adjacent to bus stops Useful Life 15
Project Name RRFB Crosswalk, Moraga Way at Valley View Category TRANSPORTATION / DRAIN Type IMPROVEMENTS
Total Project Cost: $200,000
Expenditures '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 7125 Design Contracts 20,000 20,000
7127 Construction Costs 180,000 180,000
Total 20,000 180,000 200,000
Funding Sources '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 205 Transportation Impact 20,000 100,000 120,000
Fees
263 Transportation 80,000 80,000
Development Act (TDA)
Total 20,000 180,000 200,000
2022/23-2027/28 CIP Tuesday, October 10, 2023
F.6.c
Packet Pg. 106 Attachment: Updated CIP Page for 4188 and Fund Detail for Fund #205 (3228 : Award Moraga Way-Valley View RRFB Crossing) Capital Improvement Plan
City of Orinda, California
SOURCES AND USES OF FUNDS
'22/'23 '27/'28 thru
205 Transportation Impact Fees
Source '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28
Beginning Balance 946,272 833,572 639,072 373,572 408,072 442,572 Revenues and Other Fund Sources
Revenue
4110 - Interest 5,000 12,000 12,000 12,000 12,000 12,000 4359 - Local Grant LFFA Regional $ 0 400,000 0 0 0 0
4701 - Transp Impact Fee 40,000 40,000 40,000 40,000 40,000 40,000 Total 45,000 452,000 52,000 52,000 52,000 52,000
Total Funds Available 991,272 1,285,572 691,072 425,572 460,072 Total Revenues and Other Fund Sources 45,000 452,000 52,000 52,000 52,000 494,572
52,000
Expenditures and Uses
Capital Projects & Equipment
PUBLIC WORKS
Miner Road Bridge Seismic Retrofit 0044 (1,000) (231,000) 0 0 0 0 Bear Creek Bridge Seismic Retrofit 0087 0 (18,000) 0 0 0 0 Traffic Signal Operation Improvements 3608 0 (200,000) (200,000) 0 0 0 Camino Pablo Pathway Rehabilitation 4076 0 (30,000) 0 0 0 0 Annual Bicycle, Trails, and Walkways Program 4109 (17,500) (17,500) (17,500) (17,500) (17,500) (17,500) Martha Rd-Catherine Ct Ped Path 4140 (20,000) 0 0 0 0 0 Ped Path MoragaWy ECM to Altam 4168 (99,200) 0 0 0 0 0
RRFB Crosswalk, Moraga Way at Valley View 4188 (20,000) (100,000) 0 0 0 0 2027 Annual Pavement Rehabilitation 4198 0000 0 (400,000) Moraga Way Pathway - Phase 3 4199 0 (50,000) (100,000) 0 0 0 Total (157,700) (646,500) (317,500) (17,500) (17,500) (417,500) Total Expenditures and Uses (157,700) (646,500) (317,500) (17,500) (17,500) (417,500) Ending Balance 833,572 639,072 373,572 408,072 442,572
Change in Fund Balance (112,700) (194,500) (265,500) 34,500 34,500 77,072
(365,500)
2022/23-2027/28 CIP Wednesday, October 4, 2023
F.6.c
Packet Pg. 107 Attachment: Updated CIP Page for 4188 and Fund Detail for Fund #205 (3228 : Award Moraga Way-Valley View RRFB Crossing)
CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2023-24
Funds Appropriated Yr 1 of Biennial Budget Adopted 6/20/2023 CHANGE FORM # 003-24
New Appropriations (City Council Approval Required): Budget Transfers:
X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget
GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:
BUDGET ACCOUNT
(Revenue / Expense)
INCREASE
AMOUNT
DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2023-24:
205-35-0-7127-4188
TRANSPORTATION IMPACT FEES FUND / PUBLIC WORKS / NO
PROGRAM / CONSTRUCTION / RRFB CROSSWALK,MORAGA
WAY@VALLEY VIEW
$100,000.00
As Presented at the City Council Meeting on: October 17, 2023 #################(Finance Use Only)###################
NOTE: FY 2023 Not In System – NEED TO INCORPORATE WITH MID-CYCLE ADJ Posted By: Date:
REASON FOR BUDGET CHANGE ENTRY: At the City Council meeting on October 17, 2023, the City Council was presented with changes to the adopted Budget in order to proceed construction of CIP Project #4188 Moraga Way and Valley View Drive Rectangular Rapid Flashing Beacon system, with push button activation, solar panels, advance signage, bollards, removal of existing striping, and application of new ladderstyle crosswalk. Additional improvements include construction of the landing areas on both sides of Moraga Way, reconstructing the storm drainage connection, installing new asphalt concrete curbs and detectable warning surfaces.
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Packet Pg. 108 Attachment: Budget Change Form 003-24 (3228 : Award Moraga Way-Valley View RRFB Crossing) City Council
Staff Report
Agenda Item: F.7
Date: October 17, 2023
Department:
Public Works and
Engineering Services
AGENDA TITLE: Approving As-Built Plans and Acceptance of Group 1 Stormdrain lining Project (CIP Project Nos. 4167 & 3100)
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No.59-23 Acceptance of Work for Group 1 Stormdrain lining Project (CIP Project Nos. 4167 & 3100 with National Plant Services, Inc., and Approve the As-Built Plans for this Project. Authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.
BACKGROUND:
At its June 6, 2023 meeting, the City Council awarded a construction contract to National Plant Services, Inc. for the Group 1 Storm Drian lining Project (Project Nos. 4167 & 3100). The authorization included the base contract value of $546,959 in addition to a 15% contingency (approximately $82,040) for a total construction budget of $629,000. The contractor entered into a construction contract with the City subsequent to review and approval by the City Attorney.
A Notice to Proceed was issued to the Contractor on July 5, 2023, with all performance to be accomplished within 40 working days. The project was completed within the required number of working days and no liquidated damages were assessed to the Contractor upon substantial completion of the project.
DISCUSSION:
During the course of construction, one (1) Contract Change Order (CCO) was incorporated into the project. The change order was necessary to repair/rebuild the damaged bottom of the storm drain culvert at 188 Moraga Way (CIP 4167) prior to lining the pipe. The work was necessary to ensure the stability of this culvert. The combination of the CCO and quantity adjustments to the bid items resulted in decreased cost of $103,956.71.
City Council approval of the construction plans (Attachment A) is recommended, in accordance with design immunity defense requirements listed under California Government Code Section 830.6.
FISCAL IMPACT: The following is a summary of the construction contract costs:
Authorized Contract Value
Original Base Bid $ 546,959.16
Contingency at Award (15%) 82,040.84
Total Authorized Contract $ 629,000.00
F.7
Packet Pg. 109
Actual Cost
Base Project Costs $ 487,408.76
Change Order #1 37,634.53
Total Final Contract $ 525,043.29
Amount of unused funds (to return to Fund balances): $ 103,956.71 NEXT STEPS: Upon City Council approval, the City Engineer or Public Works Director will sign the Notice of Completion and the City Clerk will record it with the Contra Costa County Clerk-Recorder’s Office. The Director of Finance is authorized to release $26,252.16 in withheld retention to National Plant Services, Inc. thirty-five (35) days after recordation of the Notice of Completion, provided that no stop notices are outstanding.
ATTACHMENTS:
A. AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 B. Resolution 59-23 Acceptance of Group1 Stormdrain Lining Project C. NOC for Group1 Stormdrain Lining Project
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:
F.7
Packet Pg. 110
F.7.a
Packet Pg. 111
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain F.7.a
Packet Pg. 112
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain F.7.a
Packet Pg. 113
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain F.7.a
Packet Pg. 114
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain F.7.a
Packet Pg. 115
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain F.7.a
Packet Pg. 116
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain F.7.a
Packet Pg. 117
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain F.7.a
Packet Pg. 118
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain F.7.a
Packet Pg. 119
Attachment: AsBuilt Plans for Group 1 Stormdrain Project 10-11-2023 (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Acceptance of Work for the Group 1
Stormdrain Lining Project (CIP No. 4167
and CIP No.3100) in the City of Orinda
and Authorizing the City Clerk to sign
and file the Certificate of Completion with
the Contra Costa County Clerk-Recorder
)
) Resolution No. 59-23
)
)
)
)
)
)
WHEREAS, National Plan Services Inc., has completed the work in accordance with the construction contract documents for the Group 1 Stromdrain lining Project (CIP No. 4167 and CIP No.3100) ; and
WHEREAS, the Director of Public Works has recommended that the work be accepted as complete.
NOW THEREFORE BE IT RESOLVED that the work accomplished by National Plant Services Inc., under the terms and conditions of the above-referenced construction contract documents is hereby accepted.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to sign and file the Certificate of Completion with the Contra Costa County Clerk-Recorder.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to release all withheld project retention thirty-five (35) days after recordation of the Certificate of Completion, provided that no stop notices are outstanding.
Adopted by the City Council of the City of Orinda at a regular meeting on October 17, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Inga Miller, Mayor
ATTEST:
Sheri M. Smith, City Clerk
F.7.b
Packet Pg. 120 Attachment: Resolution 59-23 Acceptance of Group1 Stormdrain Lining Project (3231 : Approving As-Built Plans and Acceptance of Group 1
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
City Clerk/Public Works Dept.
City of Orinda
22 Orinda Way
Orinda, CA 94563
NO FEE DOCUMENT
(Government Code section 27383)
TITLE:
Notice of Completion for
Group1 Stormdrain Lining Project (CIP No. 4167 & CIP No. 3100) (Contractor: National Plant Services Inc..)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:
Group 1 Stormdrain Lining Project (CIP No. 4167 and CIP No. 3100).
Project location is in the City of Orinda, Contra Costa County, California:
Property Owner: Interest in Property or Right of Way is owned by City of Orinda (a municipal corporation, 22 Orinda Way, Orinda CA 94563) as right-of-way.
The contract which has heretofore been let to National Plant Services Inc., and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 10/17/2023
Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.
CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Scott Christie, PW Director
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 10/17/2023. ______________________________
Sheri Smith, City Clerk
F.7.c
Packet Pg. 121 Attachment: NOC for Group1 Stormdrain Lining Project (3231 : Approving As-Built Plans and Acceptance of Group 1 Stormdrain lining Proje) City Council
Staff Report
Agenda Item: H.1
Date: October 17, 2023
Department: Planning Department
AGENDA TITLE: Resolution 60-23 establishing a Fee Holiday in support of Downtown Revitalization
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 60-23, Establishing a Parking Variance In-Lieu Fee Holiday for Use Changes From General Retail to Personal Service and/or Restaurant Uses in Existing Buildings.
BACKGROUND:
On September 19, 2023, in response to a Matter Initiated, the City Council considered the temporary suspension of certain parking fees in support of economic development in downtown Orinda.
DISCUSSION:
As detailed in the September 19 report (Attachment B- weblink), the parking in-lieu variance fee can be onerous for new businesses attempting to establish in Orinda.
Specifically, the fee is a barrier to new personal care and restaurant/bar uses because these types of businesses have a more stringent minimum parking requirement than general retail. At the September 19 meeting, the Council directed staff to return with a temporary suspension of the applicable fees.
Draft Resolution 60-23 would suspend the Existing Building Parking In-Lieu Variance Fee, which applies to changes of use in existing buildings, for any proposed personal care, restaurant or bar use from October 18, 2023 to June 30, 2024.
Although Resolution 60-23 would temporarily suspend the aforementioned fees, it has no effect on municipal code requirements. Any business that qualifies for relief from the Parking In-Lieu Variance Fee would still be required to obtain a commercial parking variance under Section 17.33.2.B, which, per State Law, provides for more lenient standards than a standard variance:
a. The variance will be an incentive to, and a benefit for, the nonresidential development.
b. The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.
Other entitlement provisions would also continue to apply. For instance, an underparked salon use would continue to require a Commercial Use Permit on the ground floor in a prime retail frontage area in addition to the commercial parking variance.
H.1
Packet Pg. 122
These two permits would be processed simultaneously, subject to Zoning Administrator review.
OMC Schedule [Table] 17.16.4A established parking requirements. The Fee Holiday would apply to the following uses in the DC and DO Zoning Districts contained in the OMC parking table: restaurants, bar/tavern, bar with live entertainment/dancing, and personal services (barber, beauty shop).
NEXT STEPS:
If adopted, staff will update the Planning Department website to include information about the fee holiday and will inform businesses and property owners who ask about the requirements for establishing new personal care, restaurant or bar uses in downtown Orinda. Staff will also get the word out to businesses and property owners who have inquired about these uses in the past (where feasible) and will inform the Chamber of Commerce.
FISCAL IMPACT:
There is no material fiscal impact anticipated from enacting the fee holiday. There was no Parking In-Lieu revenue programmed in the current Biennial Operating Budget for either fiscal year 2023-24 or 2024-25 and historically, the City has not collected any Parking In-Lieu revenue since establishing the fee.
ATTACHMENTS:
A. Draft Resolution 60-23 Establishing a Fee Holiday for Certain Parking In-Lieu Variance Fees
B. September 19, 2023 City Council Staff Report re Parking In-Lieu Variance Fees [WEBLINK]
Respectfully Submitted by:
Drummond Buckley
Director of Planning
Prepared By: Drummond Buckley, Director of Planning
Approved by:
H.1
Packet Pg. 123
Resolution No. 60-23
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Establishing a Parking Variance )
In-Lieu Fee Holiday for Use Changes)
to Personal Care and/or Restaurant) Resolution 60-23
Uses in Existing Buildings )
WHEREAS, on June 20, 2023 the Orinda City Council adopted the Master Fee Schedule for Fiscal Year (FY) 2023-24 pursuant to Resolution 36-23; and WHEREAS, Section VII of the adopted Master Fee Schedule stipulates certain fees for “Existing Buildings,” ranging from $1,381 to $5,528 per parking space; and
WHEREAS, the Parking In-Lieu Variance Fees apply when a commercial change of use in an existing under-parked building has a higher parking requirement than the existing use (most commonly when personal care or restaurant uses are proposed within a general retail space); and WHEREAS, the Parking In-Lieu Variance Fee for changes in use can be onerous for small businesses wishing to establish a presence in downtown Orinda; and
WHEREAS, economic development in downtown Orinda has recently been established as one of the City Council’s strategic priorities and is also an important objective in the recently-adopted Downtown Precise Plan; and WHEREAS, a temporary Fee Holiday eliminating the Parking In-Lieu Variance Fee for Personal Care and Restaurant Changes in Use will incentivize new business investment and is anticipated to reduce the number of vacant ground floor retail spaces in downtown Orinda, consistent with the DPP and City Council priorities.
NOW, THEREFORE, the City Council of the City of Orinda finds and declares that:
1. Fee Holiday. The City Council hereby accepts and adopts the Parking InLieu Variance Fee Holiday for Changes of Use to Personal Care or Restaurant/Bar Uses in Existing Buildings, effective October 18, 2023 to June 30, 2024.
2. Existing Fees Superseded. During the Fee Holiday effective period, the Parking In-Lieu Variance Fees for “Existing Buildings”, as specified in Section VII of the FY 2023-24 Master Fee Schedule, shall not be required H.1.a
Packet Pg. 124 Attachment: Draft Resolution 60-23 Establishing a Fee Holiday for Certain Parking In-Lieu Variance Fees (3230 : fee holiday parking variance in- Resolution No. 60-23
for proposed Personal Care or Restaurant/Bar uses. For purposes of this resolution, “Personal Care” shall be defined as described in Orinda Municipal Code (OMC) Section 17.8.5B.2, including but not limited to personal development services (excluding health care), beauty parlors, barber shops, and fitness uses such as gyms, dance studios, and martial arts. Restaurant and Bar shall be defined as contained in OMC Section
17.2.3, Definitions:
• “’Restaurant’ means an establishment where consumers dine while seated at a table, booth or counter, either inside or outside the building.” • "Bar" (also, "tavern") means establishment such as a cocktail lounge and bar, at which alcoholic beverages, including beer and wine, are served for on-site consumption. Any sale of food is incidental to beverage service.
The corresponding parking requirements from OMC Schedule17.16.4A include restaurants, bar/tavern, bar with live entertainment/dancing, and personal services (barber, beauty shop).
4. Municipal Code Provisions Still Applicable. This resolution does not modify any municipal code requirements including, for qualifying projects, the need for a parking variance pursuant to OMC Section 17.33.2.B or the need for a commercial use permit pursuant to OMC Section 17.8.5.
5. Effective Date(s). This Fee Holiday is effective from October 18, 2023 to June 30, 2024.
Adopted by the City Council of the City of Orinda on October 17, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________
Inga Miller, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
1701727.1
H.1.a
Packet Pg. 125 Attachment: Draft Resolution 60-23 Establishing a Fee Holiday for Certain Parking In-Lieu Variance Fees (3230 : fee holiday parking variance in-