Agenda packet, regular meeting — Orinda City Council, November 7, 2023

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CITY COUNCIL
AGENDA
Tuesday, November 7, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 11.07.23
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.

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
REMOTE COMMENTS: Remote Public Comments have been temporarily suspended due to an increase in “Zoombombing” at public agency meetings, which include offensive and derogatory statements. City staff is recommending that the Council ratify this decision at this meeting, and revisit the discontinuance prior to March 2024. 7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
City Council
Agenda Page 2 11.07.23
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Recognizing November 20, 2023 as Transgender Remembrance Day
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. October 17, 2023 Closed Session

2. October 17, 2023 Regular Meeting
F.2. Authorization to Execute Funding Agreements No. 646 and No. 673 with the Contra Costa Transportation Authority for Traffic Signals Operation Improvements Project (CIP Project No. 3608).

Recommendation:

Staff recommends City Council adopt a Resolution 62-23 and 63-23 Approving Funding Agreements No. 646 and No. 673 between Contra Costa Transportation Authority and City of Orinda for the Design and Construction of the CCTA Countywide Smart Signals Project, and the Orinda Community Smart Signals Project; and Authorize City Manager to execute the agreement on behalf of the City, subject to approval as to form by the City Attorney.

F.3. Award Independent Audit Contract to Badawi & Associates for Fiscal Years 2023-24 through 2027-28
Recommendation:

City Council
Agenda Page 3 11.07.23
Authorize the City Manager to execute a professional services agreement for Independent Auditing Services to Badawi & Associates, CPAs, for fiscal years 2023-24 through 2027-28 in an amount not to exceed $185,680, subject to approval as to form by the City Attorney.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Ratify Discontinuance of Remote Public Comment for the City Council and Planning Commission Meetings
Recommendation:

Ratify the City Manager’s Decision to Temporarily Discontinue Remote Public Comments, or Provide Other Direction As Appropriate H.2. Presentation of Pavement Condition Forecast Analysis Results of the Pavement Management Program
Recommendation:

Receive presentation on Overview of the Pavement Management Program and Forecast Analysis Results, and provide feedback to Staff 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. 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. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Manager David Biggs
C. CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Attorney Osa Wolff
City Council
Agenda Page 4 11.07.23
M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, December 05, 2023 at 7:00 PM.

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

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

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

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

PROCLAMATION
Recognizing Transgender Day of Remembrance
November 20, 2023
WHEREAS, all people deserve respect for their dignity, safety and wellbeing through the promotion of equal and fair treatment for everyone; and WHEREAS, members of the transgender community are valued and productive members of our city who contribute to Orinda’s progress, compassion and prosperity; and
WHEREAS, transgender people continue to face high levels of discrimination, fear, stigmas and bias that can fuel abuse and violence against people who associate as transgender; and
WHEREAS, the City of Orinda benefits from the diversity of its population and seeks to promote inclusion of all people as a testament to our shared values of dignity, equity and fair treatment for everyone without regard to gender identity or expression; and
WHEREAS, the City of Orinda through its laws, policies and practices condemns acts of violence; and
WHEREAS, Transgender Day of Remembrance helps bring public awareness to hate crimes against transgender people and honors the memory of those harmed and killed by senseless acts of violence each year; and WHEREAS, on this day of observation, Orinda commits to moving forward together to promote inclusion, equity and understanding toward transgender people; and
NOW, THEREFORE, I, Inga Miller, Mayor of Orinda, California, do hereby proclaim November 20, 2023, as “TRANSGENDER DAY OF REMEMBRANCE” in Orinda, and express my great gratitude to those who observe it.

Given on this 7th Day of November, 2023.

Inga Miller, Mayor
City of Orinda
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Communication: Proclamation Recognizing November 20, 2023 as Transgender Remembrance Day (ITEMS FOR THE GOOD OF THE CITY) AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. October 17, 2023 Closed Session

2. October 17, 2023 Regular Meeting
ATTACHMENTS:

A. City Council Closed Minutes of October 17, 2023
B. City Council Minutes of October 17, 2023
Respectfully Submitted by:

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

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October 17, 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.

OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.

C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no public comments received.

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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Attachment: City Council Closed Minutes of October 17, 2023 (3239 : City Council Minutes) Orinda City Council Minutes Page 1 of 8 10.17.23
OCTOBER 17, 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
Mayor Miller announced that the Closed Session for the City Manager’s evaluation item will not be continued, as the Council concluded that item at its earlier Closed Session.

She will need to recuse from participating in Item F.6 due to her former residence’s proximity being a financial resource and that it has been less than 12 months ago she sold the residence.

Vice Mayor Gee asked to remove Item F.1, stating she did not attend the September 19th meeting and will abstain from Items. F.1.1 and F.1.2.

Councilmember Iverson asked if Councilmembers should abstain on meeting minutes for meetings they did not attend. Ms. Wolff said they can if they prefer but do not necessarily have to.

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 - None.

E. PUBLIC FORUM
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Attachment: City Council Minutes of October 17, 2023 (3239 : City Council Minutes) Orinda City Council Minutes Page 2 of 8 10.17.23
Mark Rivetti advocated for bikes not to be allowed in the area of Bryant Way going west over the 2 bridges where there is a blind corner and a wheelchair access ramp to BART, and asked for a determination from the City for making bikes illegal or perhaps bicyclists could walk their bikes through that area, and suggested the Council seek to ban bicycles on sidewalks in Orinda.

The Police Chief noted that the City does not have a position on this, so technically bikes can legally be on the sidewalks.

City Manager Biggs said the City does not currently ban bicycles on sidewalks and it is not a State law requirement. He said the area cited is Caltrans right-of-way where the City may not have authority which he is currently investigating before responding to the speaker.

Councilmember Iverson asked that this be considered under Matters Initiated. She hears a lot about safety for bicyclists and how hard it is for pedestrians to get across the Brookwood section, and safety concerns, so she thinks it is worth considering.

K. MATTERS INITIATED
Councilmember Malkani suggested a future report from staff as an overview.

Councilmember Riley asked for staff to identify Caltrans rights-of-way as well, and Mr.

Biggs agreed to bring back a report under a Matters Initiated.

MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to direct staff to return with an overview under Matters Initiated to ban or allow bicycles on sidewalks, identify bicycle and pedestrian route connections, and to identify Caltrans rights-of-way for pedestrians and bicyclists in the cited areas of concern.

Said motion carried by unanimous (5-0) roll call vote.

Jason Lurie spoke about the approved lot split of 6 Patrick Lane where the City concluded that the scenic easement encumbering that property in the entire subdivision were never formally accepted under the Subdivision Map Act and therefore there was no valid ground to deny the lot split application under SB 9. He has been told there is nothing for a resident to do other than file a lawsuit, which they are evaluating. He voiced disappointment by the residents of Patrick Lane, which he described. Their appeal was rejected despite a clear appeal right under the OMC, and he and his attorney’s correspondences were ignored when they asked why.

Ms. Wolff explained that Mr. Lurie filed an appeal, the City provisionally accepted it, and responded back there was no appeal process for the City to undertake. She held a phone call for both attorneys and the outcome is that State law requires approval and there is no City appeal process available at this time. SB 9 is silent as to the appeal, and the City is doing its best to follow State law and rules of the legislature.

City Clerk Smith stated there were no other public comments, and announced that one written communication was received from Charles Porges prior to the Council meeting.

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Attachment: City Council Minutes of October 17, 2023 (3239 : City Council Minutes) Orinda City Council Minutes Page 3 of 8 10.17.23
F. CONSENT CALENDAR
Mayor Miller noted that she is removing Item F.6 due to her recusal. Vice Mayor Gee requested removal of Items F.1.1 and F.1.2. There were no further requests for removal or public comments.

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:

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.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.

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

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Attachment: City Council Minutes of October 17, 2023 (3239 : City Council Minutes) Orinda City Council Minutes Page 4 of 8 10.17.23
Items Removed from the 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
Vice Mayor Gee announced her abstention from the September 19, 2023 minutes, Items F.1.1 and F.1.2.

MOTION by Councilmember Riley, and seconded by Councilmember Iverson, to approve Consent Calendar Items F.3, and F.4. Sai motion carried by unanimous (5-0) roll call vote.

MOTION by Councilmember Riley, and seconded by Councilmember Malkani, to approve Consent Calendar Items F.1.1 and F.1.2. Said motion carried by (4-0-1; Gee abstained) roll call vote.

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.

Recused: Mayor Miller recused herself from participating in the item due to the fact she used to own a home close to the proposed flashing beacon which was sold, and she left the dais.

Councilmember Riley asked how efficient flashing beacon lights are and whether neighbors could be bothered by them.

Public Works Director Scott Christie presented and described photos illustrating the devices and how they work and commented that these typically are non-intrusive to residents.

Vice Mayor Gee opened the public comment period, and there were no speakers.

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Attachment: City Council Minutes of October 17, 2023 (3239 : City Council Minutes) Orinda City Council Minutes Page 5 of 8 10.17.23
MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to approve Consent Calendar Item F. 6. Said motion carried by (4-0-1; Miller recused) roll call vote.

Returned to Dais/Noted as Present:

Mayor Miller returned to the dais to participate in the remainder of the meeting.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1. 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.

Planning Director Drummond Buckley gave a presentation regarding what was a matter stemming from a Matters Initiated in early September by Councilmember Iverson who suggested having a fee holiday for certain uses that might trigger the need for a parking variance in-lieu fee to support downtown revitalization. On September 19th, the Council directed staff to return with a resolution suspending the fee for a limited time.

Regarding when businesses would need to pay a parking variance in-lieu fee, there are 2 conditions that need to exist: 1) The new use needs to require more spaces than the existing or prior use and 2) The site does not have the surplus parking to accommodate the additional required spaces.

He noted it does not apply if someone has a new use that has the same parking as the old use, regardless of whether there are enough parking spaces on the site. A letter was received when this was first considered by the Council when someone alleged Planning had indicated this would have come into play for a bicycle store in a general retail space.

He clarified that would be the same parking requirement for general retail and staff would not have told anyone they needed to provide additional parking. He also confirmed with his staff they did not indicate this to anyone.

Mr. Buckley said there are 2 types of parking variance in-lieu fees—one set of fees for existing buildings and one for new buildings. It is a gradual increase depending on the number of spaces needed.

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Attachment: City Council Minutes of October 17, 2023 (3239 : City Council Minutes) Orinda City Council Minutes Page 6 of 8 10.17.23
Staff is addressing the new building categories with the parking in-lieu fee holiday resolution because those are the fees that apply to changes in use. There is no proposal or resolution tonight that would affect the requirement for new buildings, which is the lower fee. One thing to note with the existing building fee is to think of it as the change in use parking variance in-lieu fee which is lower than the new building fee. Staff was trying to make it more reasonable for small businesses, which is the type of entity that will typically come up against this issue when they are proposing a new business in an existing building.

Resolution 60-23 would suspend the existing building parking in-lieu variance fee until June 30, 2024 which is the fiscal year and when the Council will be considering the master fee resolution that would be effective on July 1st. It does not change the OMC, so the requirement for a parking variance would continue to remain and these two findings cited would still need to be made by the Zoning Administrator through a public process. Other parts of the OMC would also continue to apply, and there is no fee holiday proposed that would apply to new buildings.

Staff supports this idea and thinks it could help towards the goal of reducing vacancies downtown. It will support new businesses attempting to establish in Orinda, especially in terms of personal care uses and restaurants, which often generate a lot of foot traffic and improve the vitality of downtown.

Mayor Miller asked about what one must do in order to meet the variance standards criteria. Mr. Buckley stated the variance requirements and standards that the code contains for other uses are much harder to meet than this. For the parking variance, the language staff used comes straight from State law; that the variance will be an incentive to and a benefit for non-residential development, and that the variance will facilitate access to non-residential development by patrons of public transit facilities, particularly guideway facilities. Staff assumes guideway facilities mean grade separated mass transit like BART. Staff has made findings for a new structure, but has never done this for a change in use because the fee is onerous enough where they have not had an actual application. But, he does not think it would be hard to make both findings for the types of uses considered.

Councilmember Riley asked what the City would do regarding public relations purposes for new businesses coming to the City. Mr. Buckley said usually when a business is proposed, the leasing agent calls staff or the business itself calls the Planning Department. Staff will give them this new information. They can also reach out to any businesses they have records of to contact them about this question to let them know the fee has changes, as well as property owners staff has spoken with. Thirdly, he is planning to add something to the Planning Department website page.

City Manager Biggs stated staff will also work with the Chamber of Commerce.

Councilmember Riley asked if staff feels there is enough time to test it. Mr. Buckley said the Council will have an opportunity to extend this as part of the master fee resolution if this is the Council’s desire. This, by law, will be considered prior to July 1st.

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Attachment: City Council Minutes of October 17, 2023 (3239 : City Council Minutes) Orinda City Council Minutes Page 7 of 8 10.17.23
Mr. Biggs added that if the Council wanted a longer pilot project, the resolution could be made effective through the end of next year, and staff would not have to address it as part of the master fee schedule update. Staff heard the Council say they wanted a temporary program and Mr. Buckley simply linked it to the fee schedule discussion.

Councilmember Riley said she recalled that “temporary” was 12-18 months, so she thinks this seems a bit short. She asked if staff believes they could test it in this short a period.

Mr. Buckley said he does, but he also agrees they would have more data if it was extended longer.

Councilmember Iverson said it looked short to her as well, but when she realized the Council would discuss the master fee schedule, she thinks it is even better to include it.

The question of in-lieu fees is a new law and on paper it looked very thoughtful and moderate. She was surprised that the impact in practice is that no one has paid it. She therefore looks forward to a good discussion in June as to whether the in-lieu fee for both new and existing are working and how the City cannot require parking per State law.

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

Councilmember Malkani said she thinks this makes sense, said her only question was whether it was long enough, but anything that reduces vacancies makes sense for the community. She thinks since COVID she is not seeing a problem with additional parking and this adds an additional fee.

Mayor Miller said she sees benefits of keeping the shorter timeframe for the Council to hear it in 6 months.

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

I. COUNCILMEMBERS’ REPORTS – Councilmember Malkani thanked Mr. Alessio and Mr. Christie for meeting with Cedar Lane residents this morning, Central Sanitary, and for organizing a gathering, for listening and hearing comments of residents. She also reported on her attendance at the Parks and Recreation Commission meeting, and updates should be coming soon about Pickleball, the Dog Park and Mini Park.

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Attachment: City Council Minutes of October 17, 2023 (3239 : City Council Minutes) Orinda City Council Minutes Page 8 of 8 10.17.23
J. CITY MANAGER’S REPORT – City Manager Biggs reported there will be one meeting in November. December 2nd will be the City’s Tree Lighting and activities at the Community Center, and he reminded Councilmembers that the farmers’ market is year-round these days. The entity through which the City obtains its insurance is sponsoring a 2023 Walking Challenge. Staff has risen to the challenge and they are now Number 2 in ranking of about 20 agencies. He led employees on a lunchtime walk along the San Pedro Reservoir. The 3 Lamorinda cities are the leaders, with Moraga being in first place right now. This encourages a healthy workforce, and they hope to rise to first place before the end of the month.

L. MATTERS INITIATED – None.

M. CLOSED SESSION

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. 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.

N23-0579.

M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:30 p.m. to the next Regular Council Meeting on Tuesday, November 07, 2023, and there was no reportable action taken on the closed session.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of October 17, 2023 (3239 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: November 7, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Authorization to Execute Funding Agreements No. 646 and No. 673 with the Contra Costa Transportation Authority for Traffic Signals Operation Improvements Project (CIP Project No. 3608).

RECOMMENDATION:

BACKGROUND:

The City has a total of 17.5 traffic signalized intersections, with the Moraga Way and Ivy Drive intersection shared with the Town of Moraga. The existing signal system is antiquated and needs frequent repair and servicing. It lacks the required infrastructure, such as fiber and cellular/wireless-based communications, making it challenging to implement traffic signal synchronization and coordination. The traffic signal systems do not include signal control and prioritization technologies to reduce delays for transit, increase safety for multimodal users, coordinate evacuation routes, and reduce emergency response times.

Metropolitan Transportation Commission One Bay Area Grant funding Every three to four years, the federal government appropriates transportation funding through the Federal Highway Administration (FHWA), which trickles down through the State and then to the Metropolitan Transportation Commission (MTC) for the Bay Area.

MTC distributes these federal transportation funds through a program called One Bay Area Grant (OBAG), which is in its third iteration (OBAG-3) for projects that improve safety, spur economic development, and help the Bay Area meet Priority Conservation Areas (PCAs), Priority Development Areas (PDAs), affordable housing, climate change, and air quality improvement goals. At the MTC funding distribution level, more of OBAG-3 funding was being competitively allocated between the nine Bay Area counties.

Contra Costa Transportation Authority Grant Funding
The Contra Costa Transportation Authority (CCTA) is the regional congestion management agency that determines the best use of these funds for Contra Costa County (CCC). In response to MTC distributing OBAG-3 funding between the nine Bay Area counties, CCTA determined it was necessary to pursue a regional project instead of having each city pursue its own OBAG-3 local project against other projects in the F.2
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Bay Area. CCTA’s regional grant funding request approach was evenly divided between two major groups: 1) submitting the most competitive Active Transportation and Safety (ATS) projects and 2) pursuing a regional Countywide SMART Signals upgrade project. The City issued a Letter of Support to CCTA for their MTC OBAG-3 grant submission for the Countywide SMART Signals upgrade project. CCTA was awarded $26,555,000 for the Countywide SMART Signals upgrade project.

There were 29 ATS projects submitted to CCTA for review, of which ten ATS project grant applications were submitted by CCTA for consideration to MTC for OBAG-3 grant funding. The City of Orinda submitted a proposed Camino Pablo Pathway Rehabilitation project for ATS funding, but it did not score well competitively against highly urbanized Bay Area agencies, primarily due to the project’s low application points for low collisions and casualty rates and lack of serving disadvantaged and equity priority communities.

For the OBAG-3 Countywide Smart Signals project, CCTA will be the lead agency to upgrade traffic signal communication systems at 328 intersections within Contra Costa County on behalf of all the 19 cities and unincorporated communities located along major arterial streets designated as Routes of Regional Significance. The existing signal systems use outdated technology that lacks interconnectivity without fiber optics and/or ethernet based communication making traffic signal synchronization and coordination nearly impossible. This Countywide SMART Signals project will unify the major traffic corridors in an interconnected system with the ability to monitor traffic conditions in real-time and assist in managing traffic during major incidents that cause disruptions to the normal flow of traffic.

The OBAG-3 grant is funding signal upgrades along Camino Pablo at five intersections:

Miner Road, Orinda Way, Camino Sobrante, Santa Maria Way and Brookwood Road.

Each upgraded signalized intersection will receive updates in the controller cabinet, video/radar detection, cellular and ethernet level communication, pan-tilt-zoom cameras, and traffic management system that improves synchronization, emergency vehicle/transit priority, backup power systems, and video analytics as detailed in the CCTA letter, dated March 21, 2023, CCTA Summary of Smart Signals Project, included as Attachment G.

Federal Community Project funding
In addition to the CCTA OBAG-3 Smart Signals project, the three Lamorinda agencies (Lafayette, Moraga, and Orinda) were awarded $4,185,000 federal Community project funding for the Lamorinda Smart Signals System project as part of Congressman DeSaulnier’s sponsored Consolidated Appropriations Act, 2023 (H.R. 2617). The Lamorinda Community Smart Signals project scope is similar to that of the OBAG-3 Smart Signals project. This Community grant project covers all 17.5 traffic signal intersections in Orinda. CCTA will also manage the Lamorinda Community Smart Signals project.

DISCUSSION:

CCTA will be the lead agency for managing the two-grant funded Smart Signals projects. CCTA has hired Advanced Mobility Group (AMG), a transportation engineering F.2
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services consultant, to manage the various project stages, including planning; environmental study; designing; bidding; constructing; and inspecting the implementation of the SMART Signals projects. City staff will provide minor supplemental oversight and administrative services through all stages of the project.

Orinda is responsible for project oversight, administration costs, and any specialized consultant services or additional equipment outside the project scope.

Each local agency needs to provide its local match contribution to CCTA; therefore, a proposed funding agreement has been distributed to each city/town for approval. The City Attorney’s office and City staff have reviewed the funding agreements and collaborated with CCTA staff to make some requested adjustments. The focus of the funding agreement is to secure local match commitments from each city/town prior to starting the design phase of the project.

A separate Operation and Maintenance Agreement will be drafted later this year to detail how and to what level to integrate local and regional operations of the signals and the level of maintenance to be performed by each city/town to ensure proper connectivity. The signal upgrades are expected to be designed in 2024 and constructed in 2025.

There are several advantages to using CCTA to administer both the CCTA OBAG-3 and Smart Signals and Lamorinda Community Smart Signals projects, including:
• There are economic scale benefits to using CCTA management, along with standardizing the engineering design and equipment selection and coordinated construction of the CCTA Countywide and Lamorinda Community Smart Signals projects.
• CCTA will be able to coordinate and specify the installation specific equipment and work scope between two grant funded projects, especially for the five overlapping Orinda intersections, to achieve maximum benefits for allotted grant funding.

FISCAL IMPACT:

CCTA created a funding source table for the two Smart Signals projects based on federal funding requirements for Orinda project matching funds, as shown below:

Federal Fund CCTA
Measure J
Orinda
Match Total
OBAG-3 $657,038 $17,029 $85,126 $759,193
Community $1,307,813 $0 $315,938 $1,623,750
Totals $1,964,851 $17,029 $401,064 $2,382,943
Note:

1.For the OBAG-3 Smart Signals project, CCTA will contribute some Measure J funding for the planning and environmental study phases of the project.

2. For the OBAG-3 Smart Signals project, Orinda must provide a minimum 11.47% match to Federal funds.

3. For the Lamorinda Smart Signals System project, Orinda must provide a minimum 19.47% match to Federal Funds F.2
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Lamorinda Development Fee Mitigation Program
The three Lamorinda jurisdictions have various methods for financing transportation improvements. One of the methods is the Lamorinda Development Mitigation Fee Program. The Lamorinda Development Mitigation Fee Program was established by the Lamorinda Fee and Finance Authority (LFFA), a Joint Powers Authority (JPA), which collects funds from new development in Lafayette, Moraga and Orinda to finance a portion of the transportation improvements associated with travel demand generated by that development. Fees are differentiated by type of development in relationship to its relative impacts on the transportation system. The intent of the fee program is to provide an equitable means of ensuring that future development contributes its fair share of transportation improvements, so that the General Plan circulation policies of the three jurisdictions and quality of life in Lamorinda can be maintained.

On September 14, 2023, The LFFA determined that the Lamorinda Development Mitigation Fees is an acceptable funding source as local match to the CCTA Countywide Smart Signals Project, and the Orinda Community Smart Signals Project, and approved use of $428,001 for City of Orinda (Attachment H).

There is adequate funding for Orinda’s local match requirement of $401,064 and anticipated oversight and administration costs. The City’s local match is expected to be submitted to CCTA by the end of December 2023.

NEXT STEPS:

Upon adoption of Resolutions 62-23 and 63-23 by the City Council, authorizing the execution of the Funding Agreements, staff will execute the Funding Agreements for the two Smart Signals projects and submit to CCTA the requested matching funds.

ATTACHMENTS:

A. Resolution 62-23 CCTA Smart Signals Funding Agreement B. Resolution 63-23 CCTA Community Signals Project Funding Agreement C. Funding Agreement 646 – CCTA Countywide Smart Signals D. Funding Agreement 673 – CCTA Community Signals Project E. CCTA Smart Signals Project Vicinity Map - Orinda
F. CCTA Smart Signals Project Brochure
G. CCTA Summary of Smart Signals Project
H. Lamorinda Development Fee Mitigation Program Funds Disbursement 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:

Authorizing the City Manager to Execute a
Project Funding Agreement No. 646
between the Contra Costa Transportation
Authority and the City of Orinda for Cost
Sharing Commitments to Design and
Construct the CCTA Countywide Smart
Signals Project
)
)
)
)
)
)
) Resolution No. 62-23
WHEREAS, the Contra Costa Transportation Authority (CCTA) will receive $657,038 in One Bay Area Grant – Cycle 3 (OBAG-3) grant funding from the Metropolitan Transportation Commission (MTC) for Orinda’s portion of the CCTA Countywide Smart Signals project; and
WHEREAS, the CCTA will fund $17,029 from their Measure J funds for planning and environmental studies for Orinda’s portion of the CCTA Countywide Smart Signals project; and
WHEREAS, the City of Orinda is required to provide project matching funds of $85,126 (minimum 11.47% matching contribution to the grant funds); and WHEREAS, the MTC has specified that CCTA, as the project sponsor, shall implement and manage the Project; and
WHEREAS, the City of Orinda and CCTA mutually desire to cooperate in completing the Project; and
WHEREAS, the Funding Agreement will specify the funding terms and conditions under which the project will be implemented.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orinda hereby finds that approval of Funding Agreement is not subject to review under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21000, et seq. and CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. The City would undertake the necessary CEQA review for the construction of the Project, should it proceed.

BE IT FURTHER RESOLVED that the City Council of the City of Orinda Authorizes the City Manager to Execute a Project Funding Agreement No. 646, and to execute any other necessary documents to effectuate the terms of the Agreements and any amendments to the Agreements consistent with this F.2.a
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Attachment: Resolution 62-23 CCTA Smart Signals Funding Agreement (3237 : CCTA Funding Agreement for Smart Signal Project) Resolution with Contra Costa Transportation Authority for Orinda’s portion of the CCTA Countywide Smart Signals Project.

Approved and adopted by the Orinda City Council at a regular meeting on November 7, 2023.

AYES: COUNCILMEMBERS: None
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Inga Miller, Mayor
Sheri Marie Smith, City Clerk
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Attachment: Resolution 62-23 CCTA Smart Signals Funding Agreement (3237 : CCTA Funding Agreement for Smart Signal Project)

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

Authorizing the City Manager to Execute a
Project Funding Agreement No. 673
between the Contra Costa Transportation
Authority and the City of Orinda for Cost
Sharing Commitments to Design and
Construct the Orinda Community Smart
Signals Project
)
)
)
)
)
)
) Resolution No. 63-23
WHEREAS, Congressman DeSaulnier sponsored Consolidated
Appropriations Act, 2023 (H.R. 2617) awarded $4,185,000 in Federal Community project funding for the Lamorinda Smart Signals System project benefiting the cities/town of Lafayette, Moraga and Orinda; and
WHEREAS, the City of Orinda will receive $1,307,813 in Federal Community grant funding for Orinda’s Smart Signals – off the CCTA (Lamorinda) Community Smart Signals project; and
WHEREAS, the City of Orinda is required to provide project matching funds of $315,938 (minimum 19.46% matching contribution to the grant funds); and WHEREAS, the Federal Community grant administer has specified that CCTA, as the project sponsor, shall implement and manage the Project; and WHEREAS, the City of Orinda and CCTA mutually desire to cooperate in completing the Project; and
WHEREAS, the Funding Agreement will specify the funding terms and conditions under which the project will be implemented.

BE IT FURTHER RESOLVED that the City Council of the City of Orinda Authorizes the City Manager to Execute a Project Funding Agreement No. 673, and to execute any other necessary documents to effectuate the terms of the Agreements and any amendments to the Agreements consistent with this Resolution with Contra Costa Transportation Authority for Orinda’s portion of the CCTA Community Smart Signals Project.

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Attachment: Resolution 63-23 CCTA Community Signals Project Funding Agreement (3237 : CCTA Funding Agreement for Smart Signal Approved and adopted by the Orinda City Council at a regular meeting on November 7, 2023.

AYES: COUNCILMEMBERS: None
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Inga Miller, Mayor
Sheri Marie Smith, City Clerk
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Attachment: Resolution 63-23 CCTA Community Signals Project Funding Agreement (3237 : CCTA Funding Agreement for Smart Signal FUNDING AGREEMENT No. 646
Countywide Smart Signals Design and Construction Phases

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FUNDING AGREEMENT NO. 646

BETWEEN

THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND

THE CITY OF ORINDA

FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE

COUNTYWIDE SMART SIGNALS PROJECT
This Agreement is made and entered into on June 21, 2023 by the City of Orinda hereinafter referred to as ("CITY") and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter referred to as ("AUTHORITY"). CITY and AUTHORITY are collectively referred to herein as the “Parties” and each individually as a “Party.”

RECITALS

1. AUTHORITY is the project sponsor and designated lead agency for implementing the Countywide Smart Signals Project within Contra Costa County, hereinafter referred to as “PROJECT”, which is a program to install signal system and intelligent transportation system (ITS) equipment upgrades to key identified intersections within Contra Costa County cities with the objective to coordinate and synchronize the timing of the signals.

2. AUTHORITY is the recipient of the Metropolitan Transportation Commission’s (MTC’s) One Bay Area Cycle 3 (OBAG 3) funds for design, construction, and deployment of the PROJECT.

3. CITY and AUTHORITY have identified 5 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the PROJECT estimated at $759,193 (See Exhibit A)

4. CITY agrees to provide AUTHORITY with the minimum 11.47% local matching funds to the OBAG 3 funds in the amount of $87,063 in Fiscal Year 2023-24 to pay for the design and installation of upgraded equipment located within CITY’s right-of-way and cost of construction as part of the PROJECT.

5. CITY and AUTHORITY agree to work cooperatively on the design and construction of the PROJECT with the goal of keeping costs within budget.

6. CITY and AUTHORITY agree that the final matching funds requirements may be adjusted accordingly based on the final actual design and construction costs incurred and will be reconciled at the completion of the PROJECT as defined by the Parties in Exhibit A attached.

NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and CITY do hereby agree as follows:

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. 646
Countywide Smart Signals Design and Construction Phases

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SECTION I
CITY AGREES:

1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the City’s portion of the PROJECT in an amount of $87,063, which represents 11.47% of the OBAG3 funds of $759,193, no later than 30 days from receiving an invoice from AUTHORITY.

2. To work collaboratively with AUTHORITY to plan, design, construct, and implement the PROJECT, and to provide AUTHORITY with early and ongoing input and guidance on effectively managing costs and the budget for the PROJECT.

SECTION II
AUTHORITY AGREES:

1. To lead the development process including planning, design, construction, and deployment of the PROJECT, as described in Exhibit A and the Operations and Maintenance Agreement to be negotiated by the CITY and AUTHORITY following execution of this Agreement.

2. To submit an invoice to CITY for an amount of $87,063 prior to December 31, 2023.

3. To work collaboratively with CITY to plan, design, construct, and implement the PROJECT, and to seek early and ongoing input and guidance from CITY on effectively managing costs and the budget for the PROJECT.

SECTION III
IT IS MUTUALLY AGREED:

1. That this Agreement is intended as the initial step to memorialize the cost sharing commitments between the parties for the PROJECT. The parties will mutually develop more detailed agreements and guidelines for the design, construction, and implementation of the PROJECT in the future.

2. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. AUTHORITY shall cooperatively consult with CITY on planning and design of the PROJECT and throughout construction with the goal of effectively managing costs and staying within budget to avoid increases to final PROJECT costs. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by CITY is exceeded, it will notify and seek approval of CITY to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of the PROJECT construction–including but not limited to installation, deployment, and activation of equipment–are completed.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. 646
Countywide Smart Signals Design and Construction Phases

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(b) If AUTHORITY determines that the match amount provided by CITY exceeded the amount needed to complete the PROJECT then AUTHORITY will refund CITY the balance of the original match amount provided by CITY and indicated in paragraph 1 of Section I.

3. Term: This Agreement will remain in effect through December 31, 2028, or at the completion of the PROJECT, whichever occurs first, or until discharged as provided in Paragraph 4 below or as a result of paragraph 13 below.

4. Discharge: This Agreement shall be subject to discharge as follows:
a. Either Party may terminate this Agreement at any time until construction of the PROJECT begins, other than for breach. Either Party may terminate by giving written notice of termination to the other Party which shall specify both the cause and the effective date of termination.

Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Once construction of the PROJECT begins, neither party may terminate this Agreement unless there is a breach as addressed in paragraph 3(b) below. b. This Agreement may be canceled by a Party for breach of any obligation, covenant, or condition hereof by the other Party, upon notice to the breaching Party. With respect to any breach which is reasonably capable of being cured, the breaching Party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. On cancellation, the non-breaching party retains the same rights as a Party exercising its right to terminate under the provisions of paragraph 3(a), except that the canceling Party also retains any remedy for breach of the whole contract or any unperformed balance.
c. By mutual consent of both PARTIES, this Agreement may be terminated at any time. d. In the event of termination, AUTHORITY shall reimburse CITY, if AUTHORITY deems necessary, for overpayment by CITY based on the difference between actual cost share and estimated cost share, which such difference shall be determined in AUTHORITY’s sole discretion.

In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded.

5. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and CITY:
a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and CITY shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction by CITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold the AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. 646
Countywide Smart Signals Design and Construction Phases

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b. That neither CITY, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless CITY against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the CITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement.

6. Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

David Biggs
City Manager
City of Orinda
22 Orinda Way,
Orinda, CA 94563
Timothy Haile
Executive Director
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597

7. Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.

8. Integration: This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.

9. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

10. Independent Agency: AUTHORITY renders its services under this Agreement as an independent agency. None of the AUTHORITY’s agents or employees shall be agents or employees of the CITY.

11. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. 646
Countywide Smart Signals Design and Construction Phases

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12. Binding on Successors, etc.: This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

13. Severability: Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

14. Limitation: All obligations of AUTHORITY under the terms of this Agreement are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall promptly notify CITY, and the PARTIES shall consult on a course of action to determine how to accomplish the PROJECT or if this Agreement should be terminated. If, after sixty (60) working days of the termination or suspension of sales tax proceeds authority, a course of action is not agreed upon by the PARTIES, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes.

15. No Third Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the parties.

16. Dispute Resolution: The Parties shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. Should a substantive disagreement arise between the Parties, the disagreement shall immediately be raised between the Parties. Prior to initiating any legal action, the Parties agree to meet in good faith to attempt to resolve any dispute, including but limited to meetings between executive management and participating in mediation.

The Parties shall jointly select and engage the effort of a mediator to help resolve the dispute. The Parties shall equally share the costs of the mediator. If the issue is still unresolved, either Party may bring a legal action seeking resolution of the disagreement. However, any and all legal actions may only be brought if the preceding dispute resolution process has been satisfied.

18. Counterparts: This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated into this original Agreement.

Signatures on the following page.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. 646
Countywide Smart Signals Design and Construction Phases

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CONTRA COSTA TRANSPORTATION

CITY OF ORINDA AUTHORITY
By: By:

David Biggs, City Manager Federal Glover, Chair
ATTEST:

By: By:

Sheri Smith, City Clerk Tarienne Glover, Clerk of the Board APPROVED as to form:

By: By:

Osa Wolff, City Attorney Fennemore Wendel, Legal Counsel F.2.c
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) 1 FUNDING AGREEMENT NO. 646
between
The Contra Costa Transportation Authority
and
The City of Orinda

EXHIBIT A

DESCRIPTION OF THE PROJECT

BACKGROUND
The Smart Signals project in Contra Costa County is a CCTA led countywide project to upgrade traffic signal system and communication systems throughout its 19 cities and unincorporated communities.

Contra Costa County is home to 19 cities/towns and the County, which includes numerous unincorporated communities. There are approximately 1400 traffic signals within the County, Caltrans-owned and various city-owned. Most of these traffic signals are located either along major arterials, including State Routes, identified as Routes of Regional Significance (RSS) or other major and minor arterials in the cities/towns.

The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives such as upgrading the existing legacy systems, providing interconnectivity throughout Contra Costa County signal systems and enhance the sharing of real-time information between agencies and the public.

The existing traffic signal systems in most jurisdictions located within Contra Costa County are legacy systems and are outdated or antiquated compared to newer traffic signal systems. These signal systems currently lack the communication infrastructure such as fiber and cellular/wireless-based communication, which makes it difficult to implement traffic signal synchronization and coordination between traffic signals along an arterial. Most corridors do not currently include Signal Control and Prioritization (SCP) technologies to promote transit usage to reduce delay and travel times for transit vehicles and reduce response time for emergency vehicles.

These deficiencies result in severe traffic congestion within the cities/towns and may result in spillover onto freeways and cause a chain reaction of congestion along local arterials. The current system contributes to overall commuter travel times and delays, increases greenhouse gas emissions and fuel consumption, as well as incidents and collisions. These deficiencies were documented following extensive discussions with the cities and towns regarding traffic signal operation within the Contra Costa County.

CCTA and the project Stakeholders have initially identified these deficiencies, which are translated as the following project goals: 1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) Optimize mobility along major corridors and RRS; and 3) Advance to Smart City and Internet of Things (IOT) solutions.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) 2 PROJECT ELEMENTS
The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. Upgraded traffic signals will benefit pedestrians and transit commuters by reducing wait times at intersections, improving total travel time for all modes while making transit and pedestrian more viable transportation options. The Smart Signal systems would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems.

To accomplish these goals, CCTA is applying a Smart Signal approach that will include the implementation of ITS equipment including upgraded traffic signal controllers and cabinets, upgraded Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized Traffic Management Center (TMC) or Traffic Operations Center (TOC) location, Closed-circuit Television (CCTV) cameras, SCP for transit and emergency vehicles, and vehicle detection systems deployed on predefined designated arterials and state routes.

These improvements will provide local cities and Caltrans day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion as well as provide CCTA capabilities for managing the system during non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway or during any evacuation efforts.

The PROJECT’s key features and benefits include but are not limited to some of the following:
• Providing infrastructure for a countywide traffic management system • Upgrading local signal controllers and signal system hardware, software, and firmware • Deploying bicycle and pedestrian detection software for vulnerable road user protection • Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities
• Enabling local event management signal timing options • Taking a proactive approach to safety by identifying “near miss” situations for analysis • Enabling cities and CCTA to proactively manage day-to-day traffic • Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident
• Identifying alternative routes with timing optimized for incident management • Allowing shared control and operation, improving cross jurisdictional traffic management • Allowing cities/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) 3 Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as:
• Decrease in travel time,
• Decrease in total delay,
• Reduction in number of stops
• Reduction in secondary accidents
• Decrease in fuel consumption and greenhouse gas emissions • Promotion of transit ridership
• Reduction of response time for emergency vehicles
When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

CITY OF ORINDA ELEMENTS
The signals located at the following intersection are included in the Project and are proposed to receive Smart Signal upgrades. (See Table 1 and Figure 1 below) Table 1: City of Orinda PROJECT Intersections

LIST OF INTERSECTIONS
Signal No. Primary Street Secondary Street
1 Camino Pablo Miner Rd
2 Camino Pablo Orinda Way
3 Camino Pablo Camino Sobrante
4 Camino Pablo Santa Maria Way
5 Camino Pablo Brookwood Rd
The recommended upgrades for signals located in Orinda include:
• Signal controller firmware updates
• Video/Radar detection
• Cellular for communication between the signals
• Pan-Tilt-Zoom (PTZ) cameras
• An Advanced Traffic Management System (ATMS)
• Traffic signal synchronization
• Emergency Vehicle Preemption (EVP)
• Transit Signal Priority (TSP), and
• Video Analytics.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) 4 Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The City is responsible to provide the minimum 11.47% match. • Total Number of Signals – 5
• Total funding – $759,193
• Local match required – $87,063 (11.47%)
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) Authority Board STAFF REPORT
Meeting Date: June 21, 2023
Subject NEW ITEM: Authorization to Execute Funding Agreements with Contra Costa County Jurisdictions and Contra Costa County to Provide Authority Local Match for the Contra Costa
Countywide Smart Signals Project (Project)
Summary of Issues The Authority, as the lead agency for the Project, applied for and was awarded One Bay Area Grant Cycle 3 (OBAG 3)
funding in the amount of $26,555,000 for the design and construction phases of the Project. This federal grant requires a minimum 11.47% local match, which will be provided by the 20 jurisdictions.

Recommendations Staff seeks authorization for the Chair to execute 20 individual funding agreements with each of the 19 jurisdictions and Contra Costa County, in the aggregated total amount of
$3,529,142, to be provided as the 11.47% local match to the $26,555,000 in One Bay Area Grant Cycle 3 funding, to be applied towards the Project, and to allow the Executive Director or designee to make any non-substantive changes to the language of the individual funding agreements as needed.

Staff Contact John Hoang
Financial Implications OBAG 3: $26,555,000; Local Match from Jurisdictions:
$3,529,142; Additional Authority Match: $690,280; Total Project Cost: $30,774,422
Options The Authority Board could elect to not approve these Funding Agreements.

Attachments A. Local Match Breakdown by Jurisdiction
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) Authority Board STAFF REPORT
June 21, 2023

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B. Draft Funding Agreement
Changes from Committee N/A
Background
The Authority is the lead agency and project sponsor for the Project, working with and coordinating with the 19 cities/towns and unincorporated Contra Costa County, referred to as the 20 Jurisdictions. The Project addresses safety, operational improvements, and traffic management enhancements, which will upgrade existing traffic signal systems, including controllers and communication systems, to provide interconnectivity throughout Contra Costa County. The existing traffic signal systems in Contra Costa County are mostly legacy systems and are outdated. The Project will upgrade the signal system countywide, upgrading traffic signals at approximately 328 intersections throughout Contra Costa County and will provide capabilities to enhance the sharing of real-time information and data between agencies. Having a unified signal system and other technologies will provide the ability to implement video analytics, transit priority lanes, improve bicycle signals/phases, and signal control prioritization technologies to promote transit use by reducing delay and travel times for transit vehicles.

At the May 17, 2023 Authority Board meeting, the Authority Board received an update of the Project. The Project is currently in the planning stages followed by the project development phase and design phase in 2024 with construction beginning in late 2025.

The Authority applied for and received $26,555,000 in OBAG 3 federal funds for the Project design and construction phases. In addition, the local minimum 11.47% match to the federal funds, totaling $3,529,142, will be provided by the 20 jurisdictions. The breakdown of the local match by jurisdiction is included in Attachment A and a Draft Agreement is included in Attachment B. The Authority is also asking that the jurisdictions provide the local match during the Fiscal Year 2023-24. In addition to the OBAG 3 grant and local match from the jurisdictions, the Authority is also contributing the amount of $690,280 for a total amount of $30,774,422, which is programmed and available to design and construct the Project.

Staff seeks authorization for the Chair to execute 20 individual funding agreements with each of the 19 jurisdictions and Contra Costa County, in the aggregated total amount of $3,529,142, to be provided as the 11.47% local match to the $26,555,000 in One Bay Area Grant Cycle 3 funding, to be applied towards the Project, and to allow the Executive F.2.c
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) Authority Board STAFF REPORT
June 21, 2023

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Director or designee to make any non-substantive changes to the language of the individual funding agreements as needed.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project)

CONTRA COSTA COUNTYWIDE SMART SIGNALS PROJECT
LOCAL MATCH TO ONE BAY AREA GRANT CYCLE 3 (OBAG 3) GRANT

FOR DESIGN AND CONSTRUCTION
Jurisdiction
(11.47%) Measure J
Antioch $ 334,175 $ 65,363 $ 2,514,497 $ 2,914,035
Brentwood $ 228,393 $ 44,672 $ 1,718,538 $ 1,991,603
Clayton $ 55,804 $ 10,915 $ 419,898 $ 486,618
Concord $ 499,173 $ 97,635 $ 3,756,021 $ 4,352,829
County $ 285,535 $ 55,849 $ 2,148,503 $ 2,489,886
Danville $ 119,972 $ 23,466 $ 902,725 $ 1,046,162
El Cerrito $ 100,792 $ 19,714 $ 758,409 $ 878,915
Hercules $ 65,091 $ 12,731 $ 489,775 $ 567,597
Lafayette $ 149,747 $ 29,290 $ 1,126,767 $ 1,305,803
Martinez $ 73,362 $ 14,349 $ 552,011 $ 639,722
Moraga $ 71,390 $ 13,964 $ 537,175 $ 622,528
Oakley $ 169,234 $ 33,101 $ 1,273,396 $ 1,475,731
Orinda $ 87,063 $ 17,029 $ 655,101 $ 759,193
Pinole $ 154,302 $ 30,181 $ 1,161,045 $ 1,345,527
Pittsburg $ 152,834 $ 29,893 $ 1,149,997 $ 1,332,725
Pleasant Hill $ 152,780 $ 29,883 $ 1,149,595 $ 1,332,258 Richmond $ 182,336 $ 35,664 $ 1,371,985 $ 1,589,985
San Pablo $ 217,877 $ 42,615 $ 1,639,411 $ 1,899,903
San Ramon $ 248,126 $ 48,532 $ 1,867,025 $ 2,163,684
Walnut Creek $ 181,159 $ 35,434 $ 1,363,126 $ 1,579,719 TOTAL $ 3,529,142 $ 690,280 $ 26,555,000 $ 30,774,422
Total
OBAG 3
(88.53%)
Jurisdiction
Local Match
ATTACHMENT A F.2.c
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. XX
Countywide Smart Signals Design and Construction Phases

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FUNDING AGREEMENT NO. XX

BETWEEN

THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND

AGENCY NAME HERE

FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE

COUNTYWIDE SMART SIGNALS PROJECT
This Agreement is made and entered into on ______________, 2023 by the AGENCY NAME hereinafter referred to as ("CITY/TOWN/ OR COUNTY") and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter referred to as ("AUTHORITY").

CITY/TOWN/ OR COUNTY and AUTHORITY are collectively referred to herein as the “Parties” and each individually as a “Party.”

RECITALS

2. AUTHORITY is the recipient of the Metropolitan Transportation Commission’s (MTC’s) One Bay Area Cycle 3 (OBAG 3) funds for design, construction, and deployment of the PROJECT.

3. CITY/TOWN/ OR COUNTY and AUTHORITY have identified 18 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the PROJECT estimated at $XXXX (See Exhibit A)

4. CITY/TOWN/ OR COUNTY agrees to provide AUTHORITY with the minimum 11.47% local matching funds to the OBAG 3 funds in the amount of $XXXX in Fiscal Year 2023-24 to pay for the design and installation of upgraded equipment located within CITY/TOWN/ OR COUNTY right-of-way and cost of construction as part of the PROJECT.

5. CITY/TOWN/ OR COUNTY and AUTHORITY agree that the final matching funds requirements may be adjusted accordingly based on the final actual design and construction costs incurred and will be reconciled at the completion of the PROJECT.

NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and CITY/TOWN/ OR COUNTY do hereby agree as follows:

SECTION I
CITY/TOWN/ OR COUNTY AGREES:

ATTACHMENT B F.2.c
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Countywide Smart Signals Design and Construction Phases

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1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the City’s/Town’s or County’s portion of the PROJECT in an amount of $XXXX, which represents 11.47% of the OBAG3 funds of $XXXX, no later than 30 days from receiving an invoice from AUTHORITY.

2. To work collaboratively with AUTHORITY to implement the PROJECT.

SECTION II
AUTHORITY AGREES:

1. To lead the development process including planning, design, construction, and deployment of the PROJECT, as described in Exhibit A and the Operations and Maintenance Agreement to be negotiated by the CITY/TOWN/ OR COUNTY and AUTHORITY following execution of this Agreement.

2. To submit an invoice to CITY/TOWN/ OR COUNTY for an amount of $XXXX prior to December 31, 2023.

3. To work collaboratively with CITY/TOWN/ OR COUNTY to implement the PROJECT.

SECTION III
IT IS MUTUALLY AGREED:

1. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by CITY/TOWN/ OR COUNTY is exceeded, it will notify and seek approval of CITY/TOWN/ OR COUNTY to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of the PROJECT construction–including but not limited to installation, deployment, and activation of equipment–are completed.
(b) If AUTHORITY determines that the match amount provided by CITY/TOWN/ OR COUNTY exceeded the amount needed to complete the PROJECT then AUTHORITY will refund CITY/TOWN/ OR COUNTY the balance of the original match amount provided by CITY/TOWN/ OR COUNTY and indicated in paragraph 1 of Section I.

2. Term: This Agreement will remain in effect through December 31, 2028, or at the completion of the PROJECT, whichever occurs first, or until discharged as provided in Paragraph 3 below or as a result of paragraph 12 below.

3. Discharge: This Agreement shall be subject to discharge as follows:
a. Either Party may terminate this Agreement at any time until construction of the F.2.c
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PROJECT begins, other than for breach. Either Party may terminate by giving written notice of termination to the other Party which shall specify both the cause and the effective date of termination.

Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Once construction of the PROJECT begins, neither party may terminate this Agreement unless there is a breach as addressed in paragraph 3(b) below. b. This Agreement may be canceled by a Party for breach of any obligation, covenant, or condition hereof by the other Party, upon notice to the breaching Party. With respect to any breach which is reasonably capable of being cured, the breaching Party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. On cancellation, the non-breaching party retains the same rights as a Party exercising its right to terminate under the provisions of paragraph 3(a), except that the canceling Party also retains any remedy for breach of the whole contract or any unperformed balance.
c. By mutual consent of both PARTIES, this Agreement may be terminated at any time. d. In the event of termination, AUTHORITY shall reimburse CITY/TOWN/ OR COUNTY if AUTHORITY deems necessary, for overpayment by CITY/TOWN/ OR COUNTY based on the difference between actual cost share and estimated cost share, which such difference shall be determined in AUTHORITY’s sole discretion. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded.

4. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and CITY/TOWN/ OR COUNTY:
a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and CITY/TOWN/ OR COUNTY shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by TOWN under or in connection with any work, authority or jurisdiction by CITY/TOWN/ OR COUNTY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY/TOWN/ OR COUNTY shall fully indemnify and hold the AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY/TOWN/ OR COUNTY under this Agreement or in connection with any work, authority, or jurisdiction delegated to TOWN under this Agreement.
b. That neither CITY/TOWN/ OR COUNTY, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless CITY/TOWN/ OR COUNTY against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the CITY/TOWN/ OR COUNTY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this F.2.c
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Countywide Smart Signals Design and Construction Phases

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Agreement or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement.

5. Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

NAME
TITLE

STREET ADDRESS

CITY, STATE ZIP
Timothy Haile
Executive Director
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597

6. Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.

7. Integration: This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.

8. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

9. Independent Agency: AUTHORITY renders its services under this Agreement as an independent agency. None of the AUTHORITY’s agents or employees shall be agents or employees of the TOWN.

10. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

11. Binding on Successors, etc.: This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY/TOWN/ OR COUNTY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

12. Severability: Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; F.2.c
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Countywide Smart Signals Design and Construction Phases

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provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

13. Limitation: All obligations of AUTHORITY under the terms of this Agreement are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall promptly notify CITY/TOWN/ OR COUNTY, and the PARTIES shall consult on a course of action to determine how to accomplish the PROJECT or if this Agreement should be terminated. If, after sixty (60) working days of the termination or suspension of sales tax proceeds authority, a course of action is not agreed upon by the PARTIES, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes.

14. No Third Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the parties.

15. Dispute Resolution: The Parties shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. Should a substantive disagreement arise between the Parties, the disagreement shall immediately be raised between the Parties. Prior to initiating any legal action, the Parties agree to meet in good faith to attempt to resolve any dispute, including but limited to meetings between executive management and participating in mediation.

16. Venue: This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The Parties agree that the jurisdiction and venue of any dispute arising under this Agreement shall be the Superior Court of Contra Costa County.

17. Counterparts: This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated into this original Agreement.

Signatures on the following page.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. XX
Countywide Smart Signals Design and Construction Phases

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CONTRA COSTA TRANSPORTATION

NAME OFAGENCY AUTHORITY
By: By:

NAME, TITLE Federal Glover, Chair
ATTEST:

By: By:

NAME, TITLE Tarienne Grover, Clerk of the Board
APPROVED as to form:

By: By:

NAME, TITLE Fennemore Wendel, Authority Counsel
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) Exhibit A Page 1 of 4
FUNDING AGREEMENT NO. XX
between
The Contra Costa Transportation Authority
and
Agency Name

EXHIBIT A

DESCRIPTION OF THE PROJECT

Contra Costa County is home to 19 cities/towns and the County, which includes numerous unincorporated communities. There are approximately 1400 traffic signals within the County, Caltrans-owned and various City/Town-owned. Most of these traffic signals are located either along major arterials, including State Routes, identified as Routes of Regional Significance (RSS) or other major and minor arterials in the cities/towns.

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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) Exhibit A Page 2 of 4

PROJECT ELEMENTS
The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

The PROJECT’s key features and benefits include but are not limited to some of the following:
• Providing infrastructure for a countywide traffic management system • Upgrading local signal controllers and signal system hardware, software, and firmware • Deploying bicycle and pedestrian detection software for vulnerable road user protection • Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities
• Enabling local event management signal timing options • Taking a proactive approach to safety by identifying “near miss” situations for analysis • Enabling cities and CCTA to proactively manage day-to-day traffic • Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident
• Identifying alternative routes with timing optimized for incident management • Allowing shared control and operation, improving cross jurisdictional traffic management F.2.c
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) Exhibit A Page 3 of 4
• Allowing CITY/TOWN/ OR COUNTY/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as:
• Decrease in travel time,
• Decrease in total delay,
• Reduction in number of stops
• Reduction in secondary accidents
• Decrease in fuel consumption and greenhouse gas emissions • Promotion of transit ridership
• Reduction of response time for emergency vehicles
When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

CITY/TOWN/ OR COUNTY ELEMENTS
The signals located at the following intersection are included in the Project and is proposed to receive Smart Signal upgrades. (See Table 1 below)
Table 1: AGENCY PROJECT Intersections

LIST OF INTERSECTIONS
Signal No. Primary Street Secondary Street
1 2
3 4
5 6
7 8
9 10
11 12
13 14
The recommended upgrades for signals located in AGENCY NAME include:
• xxxxx
• xxxxx
• xxxxx
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) Exhibit A Page 4 of 4
Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The CITY/TOWN/ OR COUNTY is responsible to provide the minimum 11.47% match. • Total Number of Signals – XX
• Total funding – $XX
• Local match required – $XX (11.47%)
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Attachment: Funding Agreement 646 – CCTA Countywide Smart Signals (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. 673
Smart Signals – Community Project

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FUNDING AGREEMENT NO. 673

BETWEEN

THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND

THE CITY OF ORINDA

FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE CITY OF ORINDA’s SMART SIGNALS – COMMUNITY PROJECT
This Agreement is made and entered into on ______________, 2023 by the City of Orinda hereinafter referred to as ("CITY") and the CONTRA COSTA TRANSPORTATION AUTHORITY hereinafter referred to as ("AUTHORITY"). CITY and AUTHORITY are collectively referred to herein as the “Parties” and each individually as a “Party.”

RECITALS

1. AUTHORITY is the project sponsor and designated lead agency for implementing the City of Orinda’s Smart Signals – Community Project, hereinafter referred to as “PROJECT”, which is a program to install signal system and intelligent transportation system (ITS) equipment upgrades to key identified intersections within the City of Orinda in Contra Costa County, with the objective to coordinate and synchronize the timing of the signals.

2. AUTHORITY is the recipient of federal funding identified in the Community Project Funding Requests for design, construction, and deployment of the PROJECT .

3. CITY and AUTHORITY have identified 17.5 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the PROJECT estimated at $1,623,750 (See Exhibit A)

4. CITY agrees to provide AUTHORITY with the minimum 19.457% local matching funds to the federal funds in the amount of $1,307,813 in Fiscal Year 2023-24 to pay for the design and installation of upgraded equipment located within CITY’s right-of-way and cost of construction as part of the PROJECT.

5. CITY and AUTHORITY agree to work cooperatively on the design and construction of the PROJECT with the goal of keeping costs within budget.

NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and CITY do hereby agree as follows:

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Smart Signals – Community Project

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SECTION I
CITY AGREES:

1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the City’s portion of the PROJECT in an amount of $315,938 which represents 19.457% of the total funds of $1,623,750, no later than 30 days from receiving an invoice from AUTHORITY.

SECTION II
AUTHORITY AGREES:

2. To submit an invoice to CITY for an amount of $315,938 prior to December 31, 2023.

SECTION III
IT IS MUTUALLY AGREED:

1. That this Agreement is intended as the initial step to memorialize the cost sharing commitments between the parties for the Project. The parties will mutually develop more detailed agreements and guidelines for the design, construction, and implementation of the Project in the future.

2. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. AUTHORITY shall cooperatively consult with CITY on planning and design of the PROJECT and throughout construction with the goal of effectively managing costs and staying within budget to avoid increases to final PROJECT costs. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by CITY is exceeded, it will notify and seek approval of CITY to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of the PROJECT F.2.d
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Smart Signals – Community Project

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construction–including but not limited to installation, deployment, and activation of equipment–are completed.
(b) If AUTHORITY determines that the match amount provided by CITY exceeded the amount needed to complete the PROJECT then AUTHORITY will refund CITY the balance of the original match amount provided by CITY and indicated in paragraph 1 of Section I.

In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded.

5. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and CITY:
a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and CITY shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction by CITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully F.2.d
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Smart Signals – Community Project

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indemnify and hold the AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement.
b. That neither CITY, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless CITY against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the CITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement.

David Biggs
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Timothy Haile
Executive Director
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597

10. Independent Agency: AUTHORITY renders its services under this Agreement as an F.2.d
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Smart Signals – Community Project

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independent agency. None of the AUTHORITY’s agents or employees shall be agents or employees of the CITY.

11. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

15. No Third-Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the parties.

17. Venue: This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The Parties agree that the jurisdiction and venue of F.2.d
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Attachment: Funding Agreement 673 – CCTA Community Signals Project (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT 673
Citywide ITS/Traffic Signal Modernization Project

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29222494.1/060323.0001
any dispute arising under this Agreement shall be the Superior Court of Contra Costa County.

CONTRA COSTA TRANSPORTATION

CITY OF ORINDA AUTHORITY
By: By:

David Biggs, City Manager Federal Glover, Chair
ATTEST:

By: By:

Sheri Smith, City Clerk Tarienne Glover, Clerk of the Board

APPROVED as to form:

By: By:

Osa Wolf, City Attorney Fennemore Wendel, Legal Counsel F.2.d
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Attachment: Funding Agreement 673 – CCTA Community Signals Project (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. 673
Exhibit A City of Orinda

Page 1 of 2 ends

29222494.1/060323.0001
FUNDING AGREEMENT NO. 673
between
The Contra Costa Transportation Authority
and
The City of Orinda

EXHIBIT A

DESCRIPTION OF THE PROJECT

BACKGROUND
The City of Orinda’s Citywide ITS/Traffic Signal Modernization project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the City of Orinda. By upgrading the existing legacy systems and providing interconnectivity throughout Orinda’s signal systems, the City’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies.

The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. The project would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems.

PROJECT ELEMENTS
The PROJECT’s key features and benefits include but are not limited to some of the following:
• Providing infrastructure for a Citywide traffic management system; • Deploying video detection cameras that can detect pedestrians and bicycles along with vehicles; • Implementing Pan-Tilt-Zoom (PTZ) cameras at key intersections with the City; • Upgrading controllers at locations that still have legacy controllers; • Adding ethernet switches for better and more reliable communications between the field devices and the City Hall;
• Deploy ATMS for the City that will enhance operational capabilities and functionalities of the traffic signal system;
• Install Battery Backup System (BBS) at key intersections.

Deployment of the Modernization Project is expected to result in operational and safety improvements for all modes of transportation, such as:
• Increase efficiency of flushing out traffic on the emergency evacuation routes • Decrease in travel time;
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Attachment: Funding Agreement 673 – CCTA Community Signals Project (3237 : CCTA Funding Agreement for Smart Signal Project) FUNDING AGREEMENT No. 673
Exhibit A City of Orinda

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29222494.1/060323.0001
• Decrease in total delay;
• Reduction in number of stops;
• Reduction in secondary accidents;
• Decrease in fuel consumption and greenhouse gas emissions; and • Reduction of response time for emergency vehicles
When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers.

CITY OF ORINDA ELEMENTS
The signals located at the following intersections are included in the Project and are proposed to receive traffic signal modernization upgrades. (See Table 1 and Figure 1 below) Table 1: City of Orinda PROJECT Intersections

LIST OF INTERSECTIONS
Signal No. Primary Street Secondary Street
1 Camino Pablo Wildcat Canyon Rd/
Bear Creek Rd
2 Camino Pablo Monte Vista Rd/Wagner Ranch
3 Camino Pablo Los Amigos Ct
4 Camino Pablo Manzanita Dr
5 Camino Pablo Claremont Ave
6 Camino Pablo To Ardilla Rd / North Ln
7 Camino Pablo Artilla Rd Crosswalk
8 Camino Pablo Miner Rd
9 Camino Pablo Orinda Way
10 Camino Pablo Camino Sobrante
11 Camino Pablo Santa Maria Way
12 Camino Pablo Brookwood Rd
13 Camino Pablo/Moraga Way Moraga Way/Camino Encinas
14 Moraga Way Glorietta Blvd
15 Moraga Way Coral Dr
16 Moraga Way Eastwood Dr/Estabueno Dr
17 Santa Maria Way Orinda Way
18 Moraga Way Ivy Dr
Note: Intersection of Moraga Wy and Ivy Drive is under both Moraga and Orinda Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The City is responsible to provide the minimum 19.457% match. • Total Number of Signals – 17.5*
• Total funding – $1,623,750
• Local match required – $315,938 (19.457%)
*The intersection of Moraga Wy and Ivy Drive is under both Moraga and Orinda.

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Attachment: Funding Agreement 673 – CCTA Community Signals Project (3237 : CCTA Funding Agreement for Smart Signal Project) Orinda
Smart Signals
Earmark Only
OBAG + Earmark
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Attachment: CCTA Smart Signals Project Vicinity Map - Orinda (3237 : CCTA Funding Right Time For An Upgrade
Existing traffic signals within Contra Costa lack proper communications tools (like fiber or ethernet), preventing synchronization and coordination between signals.

Additionally, most modern signal systems need Signal
Control and Prioritization (SCP) technology that can help transit vehicles and alternative modes such as bikes and shuttles, move through intersections safely and efficiently.

By incorporating modern elements into the County’s
signal systems, CCTA will optimize traffic flow on its
arterials, reduce congestion, and hopefully eliminate
spillover of congestion onto the freeways. Efforts
performed with this project will also enable CCTA to
monitor traffic conditions in real-time, improve incident management and response times, and prepare Contra
Costa for other emerging transportation technologies.
328

INTERSECTIONS

WILL BE UPGRADED
Benefits of Smarter Signals
Safer Roads: Imagine better emergency
response time, easier management of
incidents by first responders and law
enforcement, and reduction of secondary
incidents due to video analytics that can
identify near-miss situations.

Smoother Travel: Synchronized,
responsive signals can reduce idling at
red lights, improve speed management,
decrease travel delays, reduce greenhouse
gas emissions and increase transit reliability.

Better Traffic Management: Cities and
Caltrans will have access to real-time data that
allows optimization of traffic during incidents,
evacuations or other major events. Cities will
be able to prioritize transit and emergency
vehicles as needed.

A roadway that connects two or more subareas of
Contra Costa, crosses County boundaries, carries
significant through traffic, and/or provides access
to a regional highway or transit facility.

What is a Route of
Regional Significance?
Countywide
Smart Signals

ABOUT THIS PROJECT
Contra Costa Transportation Authority (CCTA) is
leading a Smart Signals Project to upgrade traffic
signals at 328 intersections throughout the
19 cities and unincorporated communities
within Contra Costa County. This work is focused
along major arterials that have been designated
as “Routes of Regional Significance.”
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Attachment: CCTA Smart Signals Project Brochure (3237 : CCTA Funding Agreement for Smart Signal Project) Countywide
Smart Signals

ABOUT THIS PROJECT
Contra Costa Transportation Authority (CCTA) is
leading a Smart Signals Project to upgrade traffic
signals at 328 intersections throughout the
19 cities and unincorporated communities
within Contra Costa County. This work is focused
along major arterials that have been designated
as “Routes of Regional Significance.”
Right Time For An Upgrade
Existing traffic signals within Contra Costa lack proper communications tools (like fiber or ethernet), preventing synchronization and coordination between signals.

By incorporating modern elements into the County’s signal systems, CCTA will optimize traffic flow on its arterials, reduce congestion, and hopefully eliminate spillover of congestion onto the freeways. Efforts performed with this project will also enable CCTA to monitor traffic conditions in real-time, improve incident management and response
times, and prepare Contra Costa for other emerging
transportation technologies.
328

INTERSECTIONS

WILL BE UPGRADED
A roadway that connects two or more
subareas of Contra Costa, crosses County
boundaries, carries significant through traffic,
and/or provides access to a regional highway
or transit facility.

What is a Route of
Regional Significance?
Benefits of Smarter Signals
Safer Roads: Imagine better emergency
response time, easier management of
incidents by first responders and law
enforcement, and reduction of secondary
incidents due to video analytics that can
identify near-miss situations.

Smoother Travel: Synchronized,
responsive signals can reduce idling at
red lights, improve speed management,
decrease travel delays, reduce greenhouse
gas emissions and increase transit reliability.

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Attachment: CCTA Smart Signals Project Brochure (3237 : CCTA Funding Agreement for Smart Signal Project) Project Schedule
Project City Stakeholders
For more information about this project
John Hoang
Director, Planning at CCTA
925.256.4729
[email protected]

KEY FEATURES

1. Updated Signals with
Synchronization

2. Video/Radar Detectors

3. Ethernet

4. Pan-Tilt-Zoom Cameras

5. Traffic Signal Synchronization

6. Emergency Vehicle
Preemption

7. Transit Signal Priority

8. Video Analytics and Closed
Circuit Television Cameras

9. Pedestrian and Bicycle
Detection
2424
44 242 242
8080
680 680
ORINDA

LAFAYETTE
MORAGA

MARTINEZ

HERCULES PITTSBURG

ANTIOCH OAKLEY

BRENTWOOD PLEASANT HILL

CLAYTON

WALNUT CREEK

SAN RAMON

DANVILLE

CONCORD
PINOLE

RICHMOND

HERCULES
SAN
PABLO

EL CERRITO
Project
Collaborators
CCTA is working closely with
several agencies to make
this project a success. We are
thankful for the teamwork
offered by the following:
5 8
9 6
7 1
2 3
4 Environmental
Studies
(PAED)
Started
Design &
Engineering
(PS&E)
Est. Start Date
Construction
Est. Start Date
Planning
Environmental
Studies
(PAED)
Started
JULY
2022
MARCH
2023

SEPTEMBER
2024

SEPTEMBER
2025
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Attachment: CCTA Smart Signals Project Brochure (3237 : CCTA Funding Agreement for Smart Signal Project)

COMMISSIONERS
Federal Glover,
Chair
Newell Arnerich,
Vice Chair
Ken Carlson
Paul Fadelli
Loella Haskew
David Hudson
Chris Kelley
Aaron Meadows
Sue Noack
Renata Sos
Lamar Thorpe
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
March 21, 2023
Attn: Sivakumar Natarajan
City Engineer
City of Orinda
Email: [email protected]
Subject: Summary of Smart Signals Project for the City of Orinda Dear Mr. Natarajan,
For the Countywide Smart Signals project, The signals located at the following intersections have been identified to be included in the project and are proposed to receive Smart Signal upgrades:

The recommended upgrades for signals located in the City of Orinda include:
• Signal controller firmware updates
• Video/Radar detection
• Cellular for communication between the signals
• Pan-Tilt-Zoom (PTZ) cameras
• An Advanced Traffic Management System (ATMS)
• Traffic signal synchronization
• Emergency Vehicle Preemption (EVP)
• Transit Signal Priority (TSP), and
• Video Analytics.

The list may be modified as needed. Please let us know if there are any additional considerations, or if there are any questions. Our consultant, AMG, is preparing the Concept of Operations (ConOps) for this project, and we would like to include the final version of the intersections and upgrades into the document.

Signal No. Primary Street Secondary Street
1 Camino Pablo Miner Rd
2 Camino Pablo Orinda Way
3 Camino Pablo Camino Sobrante
4 Camino Pablo Santa Maria Way
5 Camino Pablo Brookwood Rd
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Attachment: CCTA Summary of Smart Signals Project (3237 : CCTA Funding Agreement for Smart Signal Project) Public Works Director/Staff
City of Orinda
March 21, 2023

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Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. Please note that the City will be responsible to provide the minimum match of 11.47%.
• Total Number of Signals – 5
• Total funding – $759,193
• Local match required – $87,063
A Funding Agreement will follow shortly and distributed to the City and all jurisdictions.

Please contact me at [email protected] or 925-256-4701 if you have any questions.

Regards,
John Hoang
Director, Planning
Cc: Joy Bhattacharya,
Vice President, Director of Innovative Transportation Solutions (AMG) F.2.g
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Attachment: CCTA Summary of Smart Signals Project (3237 : CCTA Funding Agreement for Smart Signal Project) Lamorinda Fee and
Financing Authority
Lafayette  Moraga  Orinda

STAFF REPORT
Date: September 14, 2023
To: LFFA Board
From: Sivakumar Natarajan, Orinda City Engineer & LFFA Technical Advisory Committee Subject: Lamorinda Development Fee Mitigation Program Funds Disbursement

BACKGROUND
The three Lamorinda jurisdictions have various methods for financing transportation improvements.

One of the methods is the Lamorinda Development Mitigation Fee Program. The Lamorinda Development Mitigation Fee Program collects funds from new development in Lafayette, Moraga and Orinda to finance a portion of the transportation improvements associated with travel demand generated by that development. Fees are differentiated by type of development in relationship to its relative impacts on the transportation system. The intent of the fee program is to provide an equitable means of ensuring that future development contributes its fair share of transportation improvements, so that the General Plan circulation policies of the three jurisdictions and quality of life in Lamorinda can be maintained.

The purpose of this development program is to determine improvements that will ultimately be needed to serve estimated future development and to require the developers to pay a fee to fund their fair share of these improvements. Because the fee is based on the relative impact of new development on the transportation system and the costs of the necessary improvements to mitigate this impact, the fee amount is roughly proportional to the development impact. This nexus study establishes this impact and mitigation relationship to new development and the basis for the fee amount. The existing LFFA fund represents only “pass through” funds, which are the amounts forwarded to the LFFA fund by member jurisdictions after they have individually reserved their respective, allowable set-aside amounts.

At its meeting on January 27, 2016, the LFFA Board recommended for adoption by member jurisdiction councils the 2015 Nexus Fee Study update and First Amendment to the LFFA JPA.

The LFFA audit for the fiscal year ending on June 30, 2022, attached to this staff memorandum as reference shows the total funds collected between the three member jurisdictions in accordance with the nexus study. The fund balance as of this reporting period is $1,527,634. A statement of activities reflecting this amount is also included in the audit report.

DISCUSSION
The “Countywide Smart Signals Project” and the “Lamorinda Smart Signal System Project” both received federal funding that require each member agency to provide matching funds at a minimum of 11.47%.

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Attachment: Lamorinda Development Fee Mitigation Program Funds Disbursement (3237 : CCTA Funding Agreement for Smart Signal Project) Lamorinda Fee and
Financing Authority
Lafayette  Moraga  Orinda
At its meeting on May 3, 2021, the LFFA Board discussed a regional opportunity to upgrade aging signals with smart signal technology and made a determination regarding use of LFFA funds as an acceptable funding source as a local match to the subject project; however, each local agencies may also use other funding sources as their local match.

Tabel 1: The table below lists the project costs for each agency and respective matching fund needs:

OBAG 3 Earmark TOTAL
Agency Federal
Fund
Other
Sources
Local
Match
Federal
Fund
Local Match Fund Local Match
Lafayette $ 1,130,098 $ 29,290 $ 149,747 $ 2,241,964 $ 541,607 $ 4,092,706 $ 691,354 Moraga $ 538,763 $ 13,964 $ 71,390 $ 635,223 $ 153,455 $ 1,412,795 $ 224,845 Orinda $ 657,038 $ 17,029 $ 87,063 $ 1,307,813 $ 315,938 $ 2,384,881 $ 403,001 Total $ 2,325,899 $ 60,283 $ 308,200 $4,185,000 $1,011,000 $7,890,382 $1,319,200 Total Federal Grant $ 6,510,899
Total Other Source $ 60,283
Total Local Match $ 1,319,200
Total Funding Available $ 7,890,382
Table 2: The Table below provides details of available fund balance under the Lamorinda Development Mitigation Fee Program:

Fund Balance AS OF 6/30/2022
Lafayette 55.0% $ 873,081
Moraga 16.5% $ 261,924
Orinda 28.5% $ 452,415
Total $ 1,587,419
Table 3: The Table below represents the distribution requested by each member agency from the Lamorinda Development Mitigation Fee Program:

Project Cost by Signals Fund Balance After Project
Lafayette $ 716,354 $ 156,727
Moraga $ 249,845 $ 12,079
Orinda $ 428,001 $ 24,414
Total $ 1,319,200 $ 193,220
Note: “Project Cost by Signals” include an additional $25,000 for each member agency for use toward Signal Project Design Support
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Attachment: Lamorinda Development Fee Mitigation Program Funds Disbursement (3237 : CCTA Funding Agreement for Smart Signal Project) Lamorinda Fee and
Financing Authority
Lafayette  Moraga  Orinda
Total Disbursement amounts requested from funds currently available in the Lamorinda Development Mitigation Fee Program are as shown below:

Lafayette – $716,354
Moraga – $249,845
Orinda – $428,001
CCTA and their consultant(s) are coordinating with each agency and creating the engineering designs for the Smart Signals projects. Individual agency may need additional resources to provide QA/QC oversight of CCTA project work or provide unique recommendations for equipment systems to address Lamorinda needs that may differ from countywide needs. For example, Lamorinda’s needs for resilient backup power sources and coordinated evacuation route systems, may not be the same as countywide project needs. Thus, Lamorinda would need resources and experts to research these additional unique Smart Signals equipment needs over the general CCTA Smart Signals countywide efforts and project goals. The individual agency disbursement of $25,000 for Signal Project Design Support will be utilized toward these costs.

FISCAL IMPACT
The Lamorinda Development Mitigation Fee Program fund would still have a positive fund balance after approval of the requested disbursement for the project. Consistent with prior Board discussion, staff recommend the Board approve the requested disbursement of the available LFFA fund balance to respective member jurisdictions.

RECOMMENDATION
Authorize LFFA Treasurer to Disburse Funds under Current Fee Program to each Member Jurisdiction for use towards the Countywide Smart Signals Project and the Community Funded Signals Upgrade Project; Authorize Technical Advisory Committee Staff to Designate Lead Staff to Coordinate with Contra Costa Transportation Authority (CCTA) and their Consultants; and Approve individual agency disbursement of $25,000 for Signal Project Design Support under City or Town Manager or Assigned Designee Authority.

NEXT STEPS
Technical staff will work with their own agency legal representatives to develop a funding agreement with CCTA. City and Town Councils would authorize City and Town Manager’s the authority to execute Agreement, approved to form of agency legal representatives (City and Town Attorneys).

ATTACHMENTS

1. LFFA audit for Fisal Year ending June 30, 2022.

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Attachment: Lamorinda Development Fee Mitigation Program Funds Disbursement (3237 : CCTA Funding Agreement for Smart Signal Project) City Council
Staff Report
Agenda Item: F.3
Date: November 7, 2023
Department: City Council
AGENDA TITLE: Award Independent Audit Contract to Badawi & Associates for Fiscal Years 2023-24 through 2027-28
RECOMMENDATION:

Authorize the City Manager to execute a professional services agreement for Independent Auditing Services to Badawi & Associates, CPAs, for fiscal years 2023-24 through 2027-28 in an amount not to exceed $185,680, subject to approval as to form by the City Attorney.

BACKGROUND:

In 2015 the City Council authorized the selection of Maze & Associates to provide independent auditing services. The selection was made based on a Request For Proposal (RFP) process and review of proposals from four different firms. The original Agreement included costs for the first three years plus two additional optional years which covered through the June 30, 2019 Audit. Since then the City Council has authorized a series one-year extensions with Maze & Associates for professional independent auditing services.

State law under Government Code 12410.6(b) specifically addresses required auditor rotation for California local agencies. The law states that a local agency shall not employ a public accounting firm to provide audit services, if the lead audit partner or coordinating audit partner having primary responsibility for the audit, has performed audit services for that local agency for six consecutive fiscal years. In compliance with this requirement Maze & Associates assigned David Alvey as our Engagement Partner to oversee the Audit after the initial six-year period with the June 30, 2023 audit being Mr. Alvey’s third consecutive year performing these services.

Although Maze and Associates has done an excellent job providing these services for Orinda over the past nine years, industry best practices dictate that it is beneficial to periodically conduct an RFP process. Maze and Associates was invited to participate in the RFP process and there was no legal reason to preclude awarding them the contract if that was the outcome of the selection process.

The Government Finance Officer Association (GFOA) includes in its best practices a suggestion that agencies should use a multi-year agreement of at least five years. This recognizes that the agreements allow for greater continuity and help minimize disruption in connection with the performance of the audit. It can also be useful in reducing the costs of the audit by allowing the auditor to recover start-up costs.

DISCUSSION:

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At the July 26, 2023 Finance Advisory Committee (FAC) meeting, staff presented a draft Independent Audit RFP document for discussion and review (Attachment A). No changes were proposed to the document and it was posted to the City’s website as well as emailed to firms known to provide the services requested. The City received four responses by the August 31, 2023 deadline from the following firms (in alphabetical order):

Badawi & Associates
Eide Bailly
Maze & Associates
The Pun Group
The RFP indicated that the FAC would be involved in the proposal review process and any interviews, if they are deemed necessary. The FAC considered a variety of factors in determining a recommendation to the City Council, including evaluating the proposals for compliance with the requirements of the RFP. The following are several criteria that were used; the relative importance of each is not determined by the order shown:

1. Understanding of the engagement and the City's needs.

2. Experience of the firm and the proposed individuals to be assigned to the audit with performing audits of cities, which are similar in scope.

3. Resources available for the timely completion of the audit and scheduling of the work.

4. References from similar engagements.

5. Cost of services
Upon review and discussion, it was determined that all four proposals were in compliance with the requirements of the RFP. The FAC formed a subcommittee to interview three of the four firms submitting proposals. Eide Bailly was eliminated from further consideration at this point based on criteria #5 above. The total cost of services for the five year period for each firm is summarized below:

Staff and the two member sub-committee conducted interviews via Zoom on October 20, 2023 and at the October 25, 2023 FAC meeting, a unanimous recommendation to contract with Badawi & Associates was made. The Badawi & Associates RFP Response is included as Attachment B. Staff concurs with this recommendation.

FISCAL IMPACT:

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The fees for fiscal year 2023-24 are a roughly 5% increase over the fees for the fiscal year 2022-23 audit which is currently underway and increase by 3% each subsequent year.

ATTACHMENTS:

1. 2023 RFP for Audit Services

2. Badawi & Associates Proposal
ATTACHMENTS:

A. 2023 RFP for Audit Services
B. Badawi & Associates Proposal
Respectfully Submitted by:

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

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1 INDEPENDENT AUDITING SERVICES

REQUEST FOR PROPOSALS
July 31, 2023
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Attachment: 2023 RFP for Audit Services (3242 : Award Independent Audit Contract RFP Process) City of Orinda Page 2
City of Orinda
22 Orinda Way
Orinda, CA 94563
Contact Person – Doug Alessio, Administrative Services Director Phone (925) 253-4224
Email [email protected]
Bid Deadline: 2 Hard Copies and 1 Electronic Copy (PDF) of Proposal by August 31, 2023, at 5:30pm. Postmarks not accepted.

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Attachment: 2023 RFP for Audit Services (3242 : Award Independent Audit Contract RFP Process)

CITY OF ORINDA

REQUEST FOR PROPOSALS

INDEPENDENT AUDITING
SERVICES JULY 31, 2023
3 I. INTRODUCTION
A. General Information
The City of Orinda (City) is requesting proposals (RFP) from qualified certified public accounting firms to audit its financial statements for the fiscal years ending June 30, 2024 through June 30, 2028 with the option of extending the contract for two (2) additional one-year periods, at the City’s sole discretion.

These audits are to be performed in accordance with the generally accepted auditing standards, Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the Federal Single Audit Act, and United States Office of Management and budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations.

There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et set.), unless exempt. Any language purporting to render the entire proposal confidential or proprietary will be ineffective and disregarded.

It is anticipated that a recommendation and proposed contract will be prepared for review and approval by the City Council at its October 17, 2023 meeting. The City reserves the right to reject any or all proposals submitted. The proposal package shall present all-inclusive audit fees for each year of the proposed contract term.

B. Background Information
The City of Orinda is located in southwest Contra Costa County, within 20 minutes of downtown San Francisco. Orinda was incorporated as a city in 1985 after more than 100 years of gradual development. One of the primary reasons cited by voters for supporting incorporation, was the desire for local decision-making.

The City comprises approximately 12.8 square miles and is situated adjacent to the Oakland/Berkeley hills,immediately east of the Caldecott Tunnel on Highway 24 in Contra Costa County. Orinda has a population of 19,225 (Department of Finance, 2023) residing in approximately 7,194 housing units.

More than half of the City’s homes were constructed between 1940 and 1970.

Orinda is a family-oriented community with a semi-rural setting. In contrast to the more urban existence of the surrounding area, the tree-studded hillsides contribute to Orinda's aesthetic beauty.

Orinda continues to make a mark on the region with the beautifully restored art deco Orinda Theatre, the California Shakespeare Theater, and a popular Community Center and Public Library. The City also includes a Bay Area Rapid Transit (BART) train station providing easy access to the greater Bay Area.

Orinda's close proximity to major San Francisco Bay locations and activities makes it a delightful place in which to work, live, visit, and play along with its: Culture, Excellent Schools, History, Natural Beauty, and Safety.

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Attachment: 2023 RFP for Audit Services (3242 : Award Independent Audit Contract RFP Process) City of Orinda
Request for Proposals
Independent Auditing
Services July 31, 2023
City of Orinda Page 4
The City provides municipal services that include public safety, public works, parks and recreation, and planning services. The City operates with a small staff of 36.4 Full-Time Equivalent (FTE) positions supplemented by part-time employees. Sworn police services staff are employees of the Contra Costa County Sheriffs Office and law enforcement services are provided under an agreement with the Sheriff’s Office. Parks and Recreation maintenance services are augmented by work performed by a private contractor. The City does not provide fire services, water or sewer utilities; these services are provided by separate special districts. Library services are provided by Contra Costa County. The Moraga Orinda Fire District is a separate, unrelated agency responsible for fire and emergency medical services.

STAFFING / OPERATIONS
The Administrative Services Department serves as the central administrative body of the City, supporting all departments. The department provides expertise, support, service, and management of finance, budget, information technology, and risk management.

The Finance Division is responsible for many aspects of City operations; including, Accounts Payable, Cash Receipts, Payroll, Investments, Financial Reporting and Audits, Operating and Capital Budgets, and Grant Administration. In addition to the Administrative Services Director, the Finance Division consists of a Senior Accountant and two Accounting Technicians.

The City utilizes Community Brand's MIP financial software which is used to process cash receipts, accounts payable, payroll and financial reporting, as well as administer the Capital and Operating budgets. Several other ancillary systems support the various operating departments in the city for permitting and recreation activities.

C. Financial Information
The City’s General Fund operating budget for Fiscal Year 2023-24 is approximately $16.6 million and the total budget for all funds is approximately $39.6 million. Of the all funds budget, the Fiscal Year 2023-24 Capital Budget is approximately $17.0 million.

The City receives grants from various programs, which may impose specific audit requirements, including the American Recovery Plan Act, Federal COPS programs, Transportation Development Act program (TDA), and various federal and state street related projects.

CI. CONTACT PERSON
Questions regarding this RFP may be directed to:

Douglas Alessio, Administrative Services Director
Telephone: (925) 253-4224
Email [email protected]
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Attachment: 2023 RFP for Audit Services (3242 : Award Independent Audit Contract RFP Process) City of Orinda
Request for Proposals
Independent Auditing
Services July 31, 2023
City of Orinda Page 5
III. GENERAL INFORMATION FOR RESPONDING TO THIS RFP
A. By Thursday, August 31, 2023 at 5:30pm, submit two (2) hard copies and one electronic copy (PDF) of the proposal to:

City of Orinda
Attention: Sheri Smith
City Clerk’s Office
22 Orinda Way
Orinda, California 94563
Proposals received after Thursday, August 31, 2023 at 5:30 pm will not be considered. Postmarks not accepted.

B. The Response should address at a minimum the information requested in the subsequent section entitled "Minimum Content of Responses". The format should follow the same sequence as the Minimum Content of Responses section and should be based upon the attached Auditor Scope of Work.

Respondents may include relevant attachments or exhibits. Responses should be presented in a clear and concise format.

C. The firm receiving the contract for audit services shall procure and maintain, for the duration of the contract, insurance as required in the City’s standard consulting services contract (see Exhibit A). The cost of such insurance shall be included in the consultant's proposal.

D. The City of Orinda reserves the right to accept or reject any and all proposals and to use any ideas in a proposal regardless of whether or not that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals and in the attached standard consulting services contract, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected.

E. A committee will be involved in the proposal review process and interviews. The committee will consider a variety of factorsin recommending the selected firm to the City Council, including evaluating the proposals for compliance with the requirements of the RFP. The following are several criteria to be used; the relative importance of each is not determined by the order shown:

1. Understanding of the engagement and the City's needs.

2. Experience of the firm and the proposed individuals to be assigned to the audit with performing audits of cities, which are similar in scope.

3. Resources available for the timely completion of the audit and scheduling of the work.

4. References from similar engagements.

5. Cost of services.

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Attachment: 2023 RFP for Audit Services (3242 : Award Independent Audit Contract RFP Process) City of Orinda Page 6
City of Orinda
Request for Proposals
Independent Auditing Services
July 31, 2023
During the evaluation process the City reserves the right to request additional information or clarifications from firms submitting proposals, or to allow corrections of errors or omissions.

IV. MINIMUM CONTENT OF RESPONSES
All participating Consultants are requested to provide the following information in their response.

A. A Title page showing the firm’s name; the name, address and telephone number of the contact person; and the date of the proposal.

B. A signed letter of transmittal briefly stating that the firm submitting the proposal a.) is properly licensed to practice in California (including all of the assigned professional staff to the engagement); b.) agrees to perform all of the work outlined in the City's RFP within the time periods established by the City and c.) understands that the firm's proposal is a firm and irrevocable offer through at least November 30, 2023. The letter must contain a certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with the City.

C. A report on its most recent external quality review, any findings discovered as part of that review and actions taken to correct those findings. The firm also must disclose information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations, as well as any pending or settled litigation within the past three (3) years.

D. A description of the size of the firm's governmental staff and the firm's experience with cities of a similar nature and scope. Emphasis should be placed on assignments undertaken within the past three years and on engagements undertaken by the personnel proposed to be assigned to this agreement.

E. Identify all personnel who will be assigned to work on this project and the firm office in which they are each located. Include brief summaries of their background (including if they hold a current CPA license) and experience in auditing cities as well as their assigned responsibilities under the proposal.

F. An affirmative statement that engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons only with the express prior written permission of the City. However, in either case, the City retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the firm submitting the proposal, provided that replacements have substantially the same or better qualifications or experience.

G. The proposal should set forth an audit approach and methodology to be used to perform the services.

This may include a discussion of: approach to selection of sample size; use of specialized software; analytical procedures; approach to internal control structure; approach to determining laws / regulations subject to audit test work; identification of any anticipated problems, or special assistance required from City Staff; and the format of the report.

H. Provide an indication of the time required for the completion of each major phase of the project. Any assumptions regarding turnaround time for City Staff or City Council review should be clearly noted.

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City of Orinda
Request for Proposals
Independent Auditing Services
July 31, 2023
Also provide a calendar as to when the firm will commit to completing work described in this proposal.

Please note that Auditor is responsible for identifying required review times for City input and must account for printing and distribution within any timelines identified in the Scope of Work.

City staff would like to conduct interim fieldwork in April/May/June with the final phase of fieldwork taking place in October. Staff expects draft copies of all audit reports to be delivered in midNovember, well in advance of the submittal deadlines for GFOA.

In order to meet the deadline established by the GFOA Comprehensive Annual Financial Report (CAFR) award program, the Auditor will be held responsible for delivering up to 25 final versions of the bound CAFR and an electronic version of the final reports (PDF) to the City no later than December 15th of each year, unless the deadline is extended in writing by the City.

I. Provide a listing of all cities for which the firm has performed audits during the last three years J. Provide three references for your most representative projects including the following:

1. Name of Public Agency

2. Name and Title of contact person.

3. Telephone Number of contact person.

4. Size of General Fund Budget for the year most recently audited.

5. Size of Agency Finance Department Staff

6. Brief description of the scope of the audit performed.

K. Provide fee information on the Not to Exceed Price for Proposed Services Schedule for the completion of the projects described in the Scope of Auditor Services section. The total maximum bid price is to contain all direct and indirect costs, including all out-of-pocket expenses. Costs and total hours required should be specified for each fiscal year. The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs shall not be included in the proposal.

Include an hourly fee quotation for all positions to be assigned. Identify an estimate of any reimbursable or non-direct costs, which would be applicable to the completion of the work. Identify proposed method of adjustment, if any, in the cost of services through subsequent years of the engagement.

V. TENTATIVE SCHEDULE FOR SELECTION PROCESS
Request for Proposal Issued
Submittal Deadline
Finalist Interviews (if required)
Recommendation to City Council with Agreement
July 31, 2023
August 31, 2023, 5:30pm
September 27, 2023, 6:30pm
October 17, 2023
The schedule and its components are subject to change.

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Request for Proposals
Independent Auditing
Services July 31, 2023
City of Orinda Page 8

SCOPE OF AUDITOR SERVICES
I. General
The City of Orinda desires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles. The audit shall include an examination of all funds of the City of Orinda by certified public accountants duly authorized to practice as such by the State of California. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board, as mandated by generally accepted auditing standards.

Auditor shall review and verify all trial balance worksheets and summary schedules including balance sheets, revenues, expenditures, and changes in fund balance for each fund of the City. The Auditors shall also assist in the preparation of the pension footnote. Data source for the schedules will be the financial statements supplied by the City. An initial draft of the ACFR will be prepared by the auditors and will be given to City Staff during the final stage of the audit. Final report preparation and necessary editing shall be the responsibility of the Auditor. Reproduction of reports is discussed in Section V below.

Auditor shall submit for management review a draft of all reports. The final reports are subject to review by the Finance Committee and City Council. Auditor shall incorporate, as part of the basic proposal, meeting time with Staff, the Finance Committee and City Council for the purpose of discussing the audits or management letter and its conclusions.

II. Reports to Be Issued
Following the completion of the audit of the fiscal year’s financial statements, the auditor shall issue the following:

A. Signed Independent Auditors’ Reports for the City.

B. Independent Auditor’s Report On Internal Control Over Financial Reporting And On Compliance And Other Matters Based On An Audit Of Financial Statements Performed In Accordance With Government Auditing Standards
C. Independent Accountant’s Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets
D. A Management Letter addressed to the City Council recommending improvements to the City’s internal controls that are otherwise non-reportable
E. The auditor shall communicate in a letter to the Finance Committee, Council and the City Manager any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the City’s ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Non-reportable conditions discovered by the auditor shall be communicated in the Management Letter, as noted above.

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Request for Proposals
Independent Auditing
Services July 31, 2023
City of Orinda Page 9
F. The auditor shall be required to make immediate written notification to the Finance Committee, Council City Manager, and City Attorney of all irregularities and illegal acts or indications of illegal acts of which the auditor becomes aware.

III. Additional Reports To Be Requested At City Option
Due to the fluctuation in the receipt of special grant funds, the need for some reports will be based upon whether the City meets the audit threshold for the specific program(s).

A. Single Audit Report of Federal Financial Assistance.

B. Metropolitan Transportation Commission (MTC) Bicycle / Pedestrian Projects in accordance with the Transportation Development Act (TDA).

C. Preparation of the City’s Annual Report of Financial Transactions (Controller’s Report) and issuance of a compilation report.

IV. Supplemental Reports / Studies
Reports on other audits or agreed-upon procedures may be agreed to in writing and as stated in a supplemental audit agreement. Prior to beginning work, the scope of the study and associated costs shall be approved by the City.

V. Number of Copies of Report to Be Produced
A. Independent Auditors’ Reports for the City – 1 electronic copy (PDF) B. ACFR – up to 25 bound copies, 1 unbound copy and 1 electronic copy (PDF) C. Independent Auditors’ Report on Internal Controls – 1 electronic copy (PDF) D. Appropriations Limit - up to 10 original copies, 1 unbound copy and 1 electronic copy (PDF) E. Management Letter - up to 15 bound copies, 1 unbound copy and 1 electronic copy (PDF) G. Single Audit, if applicable, up to 15 bound reports, 1 unbound copy and 1 electronic copy (PDF) H. MTC Audit, if applicable, up to 10 bound reports, 1 unbound copy and 1 electronic copy (PDF) VI. Standards To Be Followed
To meet the requirements of this request for proposal, these audits are to be performed in accordance with all applicable and generally accepted auditing standards including: the standards set forth for financial audits by the Governmental Accounting Standards Board (GASB), in the General Accounting Office’s (GAO) Government Auditing: Standards, and in the U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State, Local Governments, and Non-Profit Organizations.

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A. The City of Orinda was awarded the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for its Fiscal Year 2020-21 ACFR.

The City has submitted for Fiscal Year 2021-22 and anticipates it will meet the criteria for an award.

The City of Orinda would like to send its comprehensive annual financial report to the Government Finance Officers Association (GFOA) for review in their Certificate of Achievement for Excellence in Financial Reporting program. The format of reports shall allow the City to meet the requirements of that program. This also requires that the Auditor ensure that the audit report and financial statements are complete in time for submission to GFOA. The Auditor shall also assist with developing responses to any comments or deficiencies noted by GFOA.

B. The schedule of federal financial assistance and related auditor’s report, as well as the reports on the internal controls and compliance are not to be included in the comprehensive annual financial report but are to be issued separately.

C. The City would expect to receive a Provided By Client (PBC) list for both Interim and Final audits and in a timely fashion in order to be reasonably prepared for field audit. We expect to have an exit conference prior to the timeline as the auditor has to ensure that ACFR will go (on consent) by second Council meeting in December to coincide with filing deadline requirements and due to Winter Break City Hall Closure.

City of Orinda
Request for Proposals
Independent Auditing
Services July 31, 2023
VII. Special Considerations
VIII. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor’s expense, for a minimum of five (5) years following completion of the audit, unless the firm is notified in writing by the City of Orinda of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees:
 City of Orinda
 Parties designated by the federal or state governments or by the City of Orinda as part of an audit quality review process
 Auditors of entities of which the City of Orinda is a sub-recipient of grant funds  State of California, Office of the State Controller
IX. Assistance To Be Provided By The City
In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of accounting significance.

A. City Staff will be available during the audit to assist the auditor by providing information, documentation, and explanations.

B. City Staff will generate the necessary confirmation letters prepared by the Auditor.

C. City will provide the auditor with reasonable workspace. Auditor will be provided reasonable access to a telephone line, WiFi, photocopier, Scanner and fax machine. Read only use profiles will be granted to the Audit staff in our Financial system (Community Brands MIP).

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BACKGROUND INFORMATION

NOT TO EXCEED PRICE FOR PROPOSED SERVICES SCHEDULE
In accordance with the Request for Proposal for Audit Services issued by City of Orinda, the firm referenced below hereby submits the following cost proposal:

Year Ended June 30th
2024 2025 2026 2027 2028
Basic Reports to Be Issued
City Audit, including ACFR and Management Letter
Appropriations (GANN) Limit
Total
Additional Audit Reports To Be Requested At City Option Single Audit
MTC Transportation Development Act (TDA)
Annual Report of Financial Transcations (Controller's Report) Total
In addition, please include below an hourly fee quotation and hours proposed for all positions to be assigned to the audit:

Hours
Hourly
Rate
Partners
Managers
Supervisory Staff
Professional Staff
Clerical/Support Staff
Other
I hereby certify that the undersigned is authorized to represent the firm stated above, and empowered to submit this bid, and if selected authorized to sign a contract with the City, for the services identified in the Request For Proposals.

Firm Name: ________________________________________
Signature: ________________________________________
Printed Name: ________________________________________
____________________________________
Title: ________________________________________
Date: ________________________________________
City of Orinda
Request for Proposals
Independent Auditing
Services July 31, 2023
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Attachment: 2023 RFP for Audit Services (3242 : Award Independent Audit Contract RFP Process) City of
Orinda

TECHNICAL PROPOSAL
For Professional Auditing Services for
the City of Orinda
For fiscal years ending June 30, 2024 through 2028,
with the option of extending the contract for each of
the two (2) subsequent fiscal years.

August 31, 2023
Contact Person:

Ahmed Badawi, CPA
Badawi & Associates
Certified Public Accountants
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
Phone: (510) 768-8244
Fax: (510) 768-8249
E-mail: [email protected]

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Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda
Table of Contents
Page
Letter of Transmittal ................................................................................................................................................... 1 Firm Qualifications and Experience .......................................................................................................................... 3 Independence ........................................................................................................................................................... 3 Insurance .................................................................................................................................................................. 3 License to Practice in California................................................................................................................................ 3 Conflict of Interest ..................................................................................................................................................... 3 Firm Qualifications .................................................................................................................................................... 3 Technical Approach .................................................................................................................................................. 4 Firm Experience ........................................................................................................................................................ 5 Additional Activities ................................................................................................................................................... 5 Client Training Seminar ............................................................................................................................................ 6 Flowcharting Documentation .................................................................................................................................... 6 Quality Control Review ............................................................................................................................................. 6 Federal or State Desk Reviews ................................................................................................................................ 9 Disciplinary Action ..................................................................................................................................................... 9 Litigations .................................................................................................................................................................. 9 Partner, Supervisory, and Staff Qualifications and Experiences ........................................................................ 10 Similar Engagements with Other Governmental Entities ..................................................................................... 18 Understanding of Services to be Provided ............................................................................................................ 22 Specific Audit Approach .......................................................................................................................................... 23 Objectives of Our Services ..................................................................................................................................... 23 Audit Approach ....................................................................................................................................................... 23 Technical Approach ................................................................................................................................................ 24 Use of Technology in the Audit ............................................................................................................................... 27 Audit Schedule .......................................................................................................................................................... 29 Discussion of Relevant Accounting Issues ........................................................................................................... 32 Comprehensive Cost Bid ......................................................................................................................................... 33 Conclusion ................................................................................................................................................................. 35 Appendix .................................................................................................................................................................... 36 References .............................................................................................................................................................. 36 Exceptions to the Contract ...................................................................................................................................... 37 F.3.b
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Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) August 31, 2023
Letter of Transmittal
Mr. Doug Alessio
Administrative Services Director
City of Orinda
22 Orinda Way
Orinda, California 94563
Dear Mr. Alessio:

Badawi & Associates (B&A), Certified Public Accountants (the “Firm”) is pleased to have the opportunity to respond to your request for a proposal to provide external audit services and to submit its qualifications to perform an independent audit of the financial statements of the City of Orinda (the “City”) for the fiscal years ending June 30, 2024 through 2028, with the option of extending the contract for each of the two (2) subsequent fiscal years. The objective of our audits is to issue opinions regarding the fairness of presentation of the financial position of the City in accordance with generally accepted accounting principles. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the Government Accountability Office’s (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act of 1984, as amended in 1996, and the Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations, Uniform Administrative Requirements, as well as any other applicable federal, state, local or programmatic audit requirements.

We will also perform the following as part of our engagement:
- Single Audit
- GANN Limit Agreed-upon Procedures
- State Controller’s Report
- Transportation Development Act (TDA)
We will also apply limited audit procedures to Management’s Discussion and Analysis (MD&A) and required supplementary information. In addition, we will prepare the management letter containing comments and recommendations regarding our review and evaluation of the systems of internal control and accounting procedures.

This proposal will highlight the background of the partners and staff assigned to the engagement, summarize our experience in the governmental area, and describe our approach to auditing the City.

This proposal demonstrates our ability to render the quality examination and to perform the necessary accounting and auditing services requested by the City on a timely basis.

As a partner of the Firm, I will be the primary contact for negotiation of the contract. Additionally, I have been authorized to legally bind the Firm. You may contact me at the following address and phone number:

Ahmed Badawi, CPA
Badawi & Associates
Certified Public Accountants
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
Telephone: (510)768-8244
E-mail: [email protected]
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Administrative Services Director
City of Orinda

Page 2 ends

2 We are committed to performing the required work, completing the audit, and issuing the necessary auditors’ reports.

We believe we are the best qualified to perform the audit because our audit staff includes individuals well versed in municipal auditing and reporting requirements. We have performed auditing and consulting engagements for numerous cities throughout California. We will be responsive to the needs of the City, we understand the City’s operational environment, and pledge to you our complete commitment to providing a quality product that meets the City’s requirements.

The approach to the audit has been designed to meet the audit requirements of the City with the least disruption to the City’s office operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate “surprises”.

Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies and disruptions are kept to a minimum. In addition, we perform almost half of the audit tasks during the interim phase to minimize any unforeseen delays during the year-end phase and to ensure a smooth and timely audit process.

The Firm maintains liability insurance coverage for professional liability, Workers’ Compensation, Comprehensive General Liability and Auto as part of our comprehensive insurance policy.

The Firm is an Equal Opportunity employer and complies with all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement.

This proposal is a firm and irrevocable offer for 180 days.

We are confident that you will find our organization offers the required expertise, technical knowledge, and business understanding to perform an audit of the City. Our past experience provides us with a thorough understanding of the needs and requirements of the City, as well as the technical knowledge to perform such services in accordance with the accounting and auditing guidelines as published by the various authoritative entities.

We welcome your inquiries and look forward to further discussions with you.

Sincerely,
Ahmed Badawi
Partner
Badawi & Associates
Certified Public Accountants

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3 Independence
The Firm is independent of the City of Orinda as defined by the GAO’s Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and the AICPA and California State Society of Certified Public Accountants as promulgated in various auditing and professional standards.

Insurance
The Firm maintains professional liability insurance and other coverage as part of our comprehensive insurance policy. Upon selection as the City’s independent auditor, the Firm and our insurance provider will provide a certificate of insurance to the City which shows the minimum requirements identified by City have been met.

License to Practice in California
The Firm and all key professional staff assigned to the City’s audit are properly licensed to practice as Certified Public Accountants in the State of California and comply with GAO Government Auditing Standards.

The Firm is registered with the California State Board of Accountancy. Its State number is COR6823.

The Firm has met all required State and local laws, rules, and regulations.

Conflict of Interest
The Firm has no conflicts of interest in connection with providing the services described in this proposal. The Firm does not have any financial, business, or other professional relationships with the City or any member of City staff.

Firm Qualifications
Badawi & Associates was founded by Mr. Ahmed Badawi. Mr. Badawi has over 20 years of experience working with state and local government with a special focus on cities. Prior to founding B&A, Mr. Badawi was a partner with several local and national firms, where he headed their government practice in Northern California. Mr. Badawi founded Badawi & Associates to serve the fast-paced needs of California's local governments. The goal is to build a proactive, client-focused culture from the ground up and to eliminate the entrenched bureaucratic culture and intrinsic limitations of the big audit firms.

Located in Berkeley, CA, the Firm serves a variety of cities and towns throughout California as well as conducting financial related services for numerous special districts and authorities.

Names and phone numbers of several of our current and past clients and other references are provided for your inquiries. We encourage you to contact these individuals to obtain information on the quality of the audit and the ability of the audit staff.

Our Berkeley office will be the Engagement Office assigned to the City.

In addition to specific City financial statements, the Firm members have also audited numerous redevelopment agencies, public financing authorities, hospitals, housing authorities, transportation authorities, special districts, water districts, OCJP grants, self-insurance pools, joint power authorities and has also performed numerous compliance audits in accordance with the Single Audit Act, childcare regulations, TOT regulations, AQMD regulations, franchise requirements.

The Engagement Partner assigned to the City will be Mr. Ahmed Badawi. Mr. Badawi has over 20 years of government audit experience. He is a member of various governmental committees, has actively participated in the development of accounting and audit guidelines for the governmental sector, and is an instructor for the California Society of Municipal Finance Officers.

Firm
Qualifications
and
Experience
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4 The professional staffs assigned to the Engagement are qualified and experienced. Each individual of the Engagement Team has several years of experience and has conducted or participated in numerous municipal audits of various sizes. Their understanding of governmental operations and the various authoritative guidelines will provide the where-with-all to perform the audit in an efficient and effective manner with minimal disruption to the City’s finance department.

Technical Approach
The approach to the audit has been designed to meet the audit requirements of the various authorities with the least disruption to the City’s operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate “surprises”. Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies, disruptions, and lack of understanding are kept to a minimum.

The audit approach will consist of four phases:
1) Initial Planning Meeting:

The Engagement Partner and Manager will meet with City Management to discuss the audit approach, identify specific needs of City Management, and familiarize themselves with City policies and practices.
2) Interim:

The Engagement Team members including the Engagement Team Partner will perform the internal control reviews, test transactions, evaluate compliance with Single Audit Act requirements, identify potential audit issues that need to be addressed, perform limited confirmation procedures, and develop a clear understanding between the Engagement Team and City Management of the year-end audit responsibilities and assignments. In addition, we strive to complete many of the year-end audit tasks during the interim phase to ensure a smoother audit process. We will work with the City on providing a list of those tasks that we will target to complete during interim and work with the City on how to complete them to minimize the amount of effort and time needed at yearend which in turn will assist the City in meeting its goal of issuing the Annual Comprehensive Financial Report.
3) Year-end:

The Engagement Team members including the Engagement Team Partner will conduct validation procedures on general ledger account balances, complete confirmation procedures, perform analytical procedures on revenue and expenditures, perform search for unrecorded liabilities, complete compliance work on Federal Assistance, and wrap up audit field work.
4) Reporting:

Auditor’s reports for all City reporting entities and compliance requirements will be finalized along with Single Audit Reports and Management Letter comments. The Partner and Manager will be available to make presentations to the City Council and/or designated bodies.

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5 Firm Experience
The Firm is located in Berkeley and provides a full range of accounting services to governmental agencies throughout California, including audit, tax and accounting. The Firm’s professional staff members provide the financial background and specific experience to meet the City’s operational needs. Additionally, this situation provides the City with an auditing firm that has depth in capabilities to address any financial issue the City may need assistance with, and the quality audit approach that you expect.

Our Berkeley office will be the Engagement Office assigned to the City.

Firm policy requires that the Engagement Partner, during the first year of the engagement, be actively involved in the daily fieldwork. This means to the City that Mr. Badawi will actually be on-site during the audit coordinating the audit process, supervising the audit staff, gaining a hands-on understanding of City processes, and benefiting the City with his broad municipal experience. We have found that this effort benefits the City and the Firm through developing a thorough knowledge of the City’s practices and issues and establishing a close working relationship with the City’s Management. Additionally, continuity of audit personnel is assured because of the hands on involvement of the Partner.

We are committed to providing appropriate and related experience, personal involvement, and a broad business perspective to produce a quality end product within the time frames required.

The Firm provides financial and compliance auditing services to governmental agencies throughout California. We are a governmental agency auditing firm and our professional staff members have been performing these services for many years. As a result, we have performed financial and compliance audits on most, if not all, types of governmental agencies and operations including:
 Cities
 Redevelopment
Agencies
 Financing
Authorities
 Housing Authorities
 Special Districts
 Water Districts
 Waste Management
Authorities and
Operations
 Pension Plans
 Child Care
Operations
 Joint Power
Authorities
 Investment Activities
 Landfills
 Enterprise Funds
 Airports
 Transportation
Operations
 Federal and State
Grants
Additional Activities
We offer a full range of accounting and finance services to the governmental sector. These services include:
 Financial audits
 Compliance audits
 Tax advice
 Development of financial and
accounting policies and procedures
 Investment review and compliance
evaluation
 Operational reviews
 Technical guidance on existing and
upcoming accounting issues
 Training seminars
 Pension/profit-sharing plans
 Performance audits
 Business consulting
Consequently, Firm personnel are well qualified to perform the services expected by the City.

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6 Client Training Seminar
The Firm hosts an annual update on recent technical accounting and finance issues affecting the governmental area. This all day session reviews new and anticipated pronouncements from GASB, discusses future issues under consideration by GASB, reviews accounting treatment of various transactions where issues may arise, and provides a general overview of state and federal compliance issues. All of our clients are invited to attend, free of charge. The one day session qualifies for CPE under the rules of the State Board of Accountancy and is held in the Bay Area.

Flowcharting Documentation
As part of our risk assessment procedures, we prepare flowcharts for documenting our understanding of the City’s significant accounting and financial processes. Flowcharts are updated annually for any changes in the City’s processes and copies can be provided upon request for the City’s internal use. Flowcharted processes may include:
 Financial Reporting, Closing, and Manual Journal Entries  Cash Receipts and Accounts Receivable/Revenues
 Cash Disbursements, Purchasing, and Accounts Payable/Expenditures  Payroll and Human Resources
Quality Control Review
According to Government Auditing Standards, firms who perform audits under the Yellow Book are required to have a peer review once every three years. We received a report with a rating of pass with no deficiencies which we attached for your review.

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Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
9 The Firm has policies and procedures to ensure it hires only qualified people, that it properly supervises them and provides professional training, that it advances them to responsibilities they are capable of handling, and that it provides them with necessary technical resources. All members of the Firm are very familiar with the stringent quality control standards established by the AICPA.

The Firm is a member of the AICPA Government Audit Quality Center.

The Firm is a member of the AICPA Private Companies Practice Section.

Federal or State Desk Reviews
The Firm has had no negative federal or state reviews in the past three (3) years.

Disciplinary Action
There has not been any state or federal disciplinary actions taken or pending against the Firm nor any findings to report.

Litigations
The Firm has not experienced any lawsuits or legal actions that have been resolved or are currently pending in the prior five years.

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Packet Pg. 94
Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
10 The Engagement Team will normally consist of seven individuals who provide a broad business perspective and significant experience in governmental auditing. This team will provide access to a wide range of technical capabilities which will provide the City with not only the technical support necessary to perform the audit, but also the broad business background to interpret findings and observations to offer effective solutions to issues, and the personal involvement of the Engagement and Compliance Partners of the Firm.

The Engagement Team will be led by Ahmed Badawi, CPA. Mr. Badawi’s background includes over twenty years of municipal auditing experience with a special focus on cities. He is the instructor of the CSMFO “Introduction to Governmental Accounting” training classes. Mr.

Badawi is a member of the Government Accounting and Auditing Committee of the California Society of Certified Public Accountants. He has participated in the audits of numerous City, county and special district governments, as well as non-profit entities. His diversified background offers the technical qualities required of the governmental and non-profit areas and the necessary wherewithal to properly evaluate the entire accounting process, develop opportunities to improve the accounting process, and to offer practical business recommendations.

The second member of the Engagement Team will be Saleh Yassin, CPA. Mr. Yassin’s background includes ten years of accounting and auditing experience. He has participated in the audits of numerous governmental entities and assisted in their efforts to publish their financial statements in compliance with various regulations, and is a volunteer member of the GFOA Special Review Committee. Mr. Yassin will be the Audit Manager of this engagement.

The third member of the Engagement Team will be Samantha “Samo” Michel. CPA. Ms.

Michel’s background includes five years of accounting and auditing experience. She has participated in the audits of numerous governmental entities and assisted in their efforts to publish their financial statements in compliance with various regulations. Ms. Michel will be the Audit Senior of this engagement.

Engagement Partner
Ahmed Badawi
CPA
Audit Manager
Saleh Yassin
CPA
Engagement Quality
Reviewer
Mitesh Desai
CPA
Audit Senior
Samantha “Samo”
Michel, CPA
Professional
Audit Staff
Professional
Audit Staff
IT Specialist
Omar Rahman,

CPA, CISA
Partner,
Supervisory,
and Staff
Qualifications
and
Experiences
F.3.b
Packet Pg. 95
Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
11 The fourth member of the Engagement Team will be Omar Rahman, CPA, CISA. Mr. Rahman has over 10 years of experience in the field of Information Technology (IT) audit and risk management at the senior and executive management level. He has worked extensively with government agencies, private organizations, and public companies, providing external and internal audit services in support of financial statement audits. Mr. Rahman will serve as the I.T.

Specialist of this engagement.

The fifth member of the Engagement Team will be Mitesh Desai, CPA. Mr. Desai’s background includes sixteen years of experience in municipal auditing. Mr. Desai has participated in the audits of numerous governmental agencies, assisted in their efforts to publish their Annual Comprehensive Financial Reports in compliance with GASB 34, and a volunteer member of the GFOA Special Review Committee. Mr. Desai is responsible for conducting in-house trainings for staff auditors and is credentialed with the Advanced Single Audit Certificate offered by the AICPA. He will serve as the Engagement Quality Reviewer.

Each member of the Engagement Team participates in continuing education programs offered by the AICPA and California State Society of Certified Public Accountants, and each has met the continuing education requirements for municipalities. In addition, the firm offers at least 60 hours of in-house CPE annually focused mainly on municipal audits.

Professional Development:

The Firm maintains a comprehensive training program targeted at appropriate professional staff levels. It utilizes in-house developed educational programs, AICPA and California CPA Foundation educational programs, and on-the-job training.

The Firm’s annual training schedule which officially begins in April for all professional staff and administrative staff includes comprehensive in-house training sessions on such topics as:
 Review of principles of accounting and financial reporting for state and local governments  Review of governmental fund types and account groups
 Review of newly issued generally accepted auditing standards and GAO auditing standards
 Review of Internal Control evaluation approaches including COSO principles  Updates on recent governmental accounting and reporting guidelines  Review of Single Audit requirements and approaches
 Review of financial audit approaches
 Overview of audit and internal control work paper techniques  Review of GASB reporting requirements
 Review of current issues facing the governmental community During the year, professional staff members are sent to various educational sessions sponsored by the AICPA and California State Society of CPAs, as considered appropriate for the level and need of the individual. These classes include, among others:
 Governmental Financial Reporting Standards and Practices  Yellow Book: Government Auditing Standards
 Financial Accounting Standards: Comprehensive Review
 Single Audit
 Governmental Auditing & Accounting Update
 Governmental Accounting Principles
 Comprehensive Review of Generally Accepted Auditing Standards The result of the Firm’s training program is the production of a highly educated and competent municipal audit group capable of performing an efficient and effective audit for the City.

The Engagement Team members will continue their professional development efforts.

F.3.b
Packet Pg. 96
Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
12 Staff Retention and Continuity:

The Firm's policy on providing service to our clients includes a commitment to maintaining continuity of audit personnel. We cannot guarantee that our staff will remain with the Firm.

However, to encourage our staff to remain with us, we pay competitive wage rates; offer promotional opportunities; provide state-of-the-art equipment and excellent working conditions; and offer various benefits, such as retirement plans, medical plans, profit sharing programs, educational benefits, and other such benefits. We can also guarantee that the partner will be involved in future years. Continuity of audit staff is of prime concern to us and because of the hands-on involvement of the partner; we can assure you that future years’ audits will be conducted in an efficient and effective manner with qualified and experienced professionals.

Resumes of each member of the Engagement Team follow.

F.3.b
Packet Pg. 97
Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
13 Ahmed Badawi, Certified Public Accountant – Engagement Partner Length of Career
 Over twenty years experience in municipal auditing and accounting with a special focus on cities  Certified Public Accountant for the State of California Professional Experience
 Partial listing of clients served:
 Has performed numerous financial audits, Single Audits, Transportation Development Act audits, housing audits, electrical utility audits, RDA audits, PFA audits, and Trust Fund audits, and has prepared numerous Annual Comprehensive Financial Reports Education
 BS Degree in Accounting from the University of Alexandria, Egypt Professional Activities
 Instructor, CSMFO’s “Introduction to Governmental Accounting” training class  Member, CALCPA Government Accounting and Auditing Committee  Member, American Institute of Certified Public Accountants  Member, California Society of Certified Public Accountants  Member, Government Finance Officers Association
 Member, California Society of Municipal Finance Officers Continuing Education
 Has met the current CPE educational requirements to perform audits on governmental agencies Services Provided
Financial Single RDA PFA Enterprise
Audit Audit Audit Audit Fund Other
Cities:

Antioch X X X X X
El Cerrito X X X X X
Lafayette X X X X
Pinole X X X X
Walnut Creek X X X X X
Berkeley X X X X X
Dublin X X X
Richmond X X X X X X
Albany X X X X
Atwater X X X X
Azusa X X X X
Buena Park X X X X X
Burlingame X X X
Cotati X X X
East Palo Alto X X X X
Folsom X X X X
Foster City X X X X X
Fremont X X X X
Glendora X X X X X
Guadalupe X X X X X
Larkspur X X X X
Lindsay X X X
Menlo Park X X X X X
Newark X X X X
Oakdale X X X X X
Ontario X X X X X
Petaluma X X X
Pleasanton X X X X
San Bruno X X X X X
San Leandro X X X X
San Luis Obispo X X X X
San Mateo X X X X X
Scotts Valley X X X X
Solvang X X
Turlock X X X X X X
Union City X X X X X
Vacaville X X X X X
Counties:

Santa Cruz County XXXXXX
Contra Costa County XXXXXX
Special Districts and Other:

Alameda County Water District X X X
East Bay Regional Park District X X X
F.3.b
Packet Pg. 98
Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
14 Saleh Yassin, Certified Public Accountant – Professional Audit Manager Length of Career
 Ten years of experience in auditing
 Certified Public Accountant for the State of California Professional Experience
 Has performed numerous financial audits, Single Audits, RDA audits, PFA audits, Transportation Development audits, and housing audits
Education
 BA Degree in Accounting from University of Asmara, Eritrea Professional Activities
 Member, American Institute of Certified Public Accountants  Member of the Association of Chartered Certified Accountants  Volunteer Member, GFOA Special Review Committee
Continuing Education
 Various municipal accounting courses offered by the California Society of CPAs and local universities including:
- Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards
- Municipal Accounting
- Single Audit
 Has met the current CPE educational requirements to perform audits on governmental agencies Services Provided
Financial Single SCO TDA RDA Enterprise
Audit Audit Report Report Audit Fund Other
Cities:

Antioch X X X
El Cerrito X X X
Pinole X X X X X
Berkeley X X X X X X
Richmond X X X
Albany X X X
Azusa X X X
East Palo Alto X X X
Larkspur X X X X
Newark X X X X
Oakdale X X X
Petaluma X X X X X
San Luis Obispo X X
San Mateo X X X
Sebastopol X X
Solvang X X
Union City X X X X
Vacaville X X X X X
Wasco X X X X X X
Yountville X X
Yuba City X X X X
Special Districts:

San Ramon Valley Fire Protection District X X X
Solano County Water Agency X
Southern Marin Fire Protection District X X
Central County Fire District X
Zayante Fire Protection District X
Hayward Area Recreation and Park District X X X
Regional Government Services Authority X
San Mateo Mosquito District X X
Sutter Animal Services Authority X
Sutter Butte Flood Control Agency X
Non-profits:

Housing Endowment and Regional Trust X
Newark Betterment Corporation X
F.3.b
Packet Pg. 99
Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
15 Samantha “Samo” Michel, Certified Public Accountant – Professional Assurance Senior Length of Career
 Five years of experience in municipal auditing
 Three seasons of experience in personal tax preparation  Certified Public Accountant for the State of California Professional Experience
 Has participated in several financial audits, Single Audits, RDA audits, PFA audits, Transportation Development audits, and housing audits
Education
 BS, University of Washington, Seattle, WA
 Accounting, Foothill College, Los Altos Hills, CA
Professional Activities
 Member, California Society of Certified Public Accountants  Member, Forensic Services Section, California Society of Certified Public Accountants Continuing Education
 Various municipal accounting courses offered by the California Society of CPAs and local universities including:
- Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards
- Municipal Accounting
- Single Audit
 Has met the current CPE educational requirements to perform audits on governmental agencies Financial Single SCO TDA RDA Enterprise
Audit Audit Report Audit Audit Fund Other
Cities/Towns:

Antioch X X X X
El Cerrito X
Berkeley X X X
Barstow X
Buena Park X
Crescent City X X X
East Palo Alto X X
Folsom X X X
Guadalupe X X X
Los Gatos X X X
Millbrae X X
Menlo Park X X
Pismo Beach X X X
San Luis Obispo X X X X
San Mateo X X X X
San Bruno X X
Union City X
Vacaville X X
Waterford X
Yuba City X
Counties:

Contra Costa County X
Special Districts and Other:

Hayward Area Recreation District X X
Amador County Transporation Commission X X
Amador Transit X X
Central County Fire District X
Elk Grove Water District X
Port of San Luis Harbor X
San Mateo Consolidated Fire District X
StopWaste X X
Services Provided
F.3.b
Packet Pg. 100 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
16 Mitesh Desai, Certified Public Accountant – Engagement Quality Reviewer Length of Career
 Sixteen years experience in municipal auditing with a special focus on cities  Certified Public Accountant for the State of California Professional Experience
 Has performed numerous financial audits, Single Audits, RDA audits, PFA audits, Transportation Development Act audits, and housing audits
Education
 BS Degree in Business Economics with an emphasis in Accounting from University of California, Santa Barbara
Professional Activities
 Member, American Institute of Certified Public Accountants  Member, California Society of Certified Public Accountants  Volunteer Member, GFOA Special Review Committee
Continuing Education
 Various municipal accounting courses offered by the California Society of CPAs and local universities including:
- Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards
- Municipal Accounting
- Single Audit
 Has met the current CPE educational requirements to perform audits on governmental agencies Services Provided
Financial Single RDA PFA Enterprise
Audit Audit Audit Audit Fund Other
Cities:

Antioch X X X
El Cerrito X X X X X X
Berkeley X X X X X
Dublin X X X
Albany X
Azusa X X X X
Buena Park X X X X
Calimesa X X X
Crescent City X X X X X
East Palo Alto X X X X
Foster City X X X X X
Fremont X X X X X
Lemon Grove X X
Lindsay X X X
Menlo Park X X X
Millbrae X X X X X
Newark X X X X
Oakdale X X X X
Pittsburg X X X X X
Placerville X X X X
Rio Vista X X X X
San Mateo X X X X X
Sebastopol X X X X
Solvang X X
Susanville X
Turlock X XX
Union City XX X X
Vacaville XXXX X
Waterford X X X X
Yountville X XX
Yuba City XX X X
Child Care Programs:

Menlo Park Child Care XX
Stanislaus County Childcare XX
Non-profits:

Housing Endowment and Regional Trust X
Special Districts and Other:

Castro Valley Sanitary District X
Cosumnes Community Services District X
Marin Municipal Water District X
West County Wastewater District XX
Contra Costa Child Development Programs XX
F.3.b
Packet Pg. 101 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
17 Omar Rahman, Certified Public Accountant, Certified Information System Auditor – Information Technology Specialist
Length of Career
 Over ten years of experience auditing information technology (IT) processes and controls  Certified Public Accountant for the State of California  Certified Information System Auditor
Areas of Expertise
 IT risk consulting and audit services for governmental entities, private/public companies, nonprofits, and professional service organizations
 External and internal IT audit services in support of financial statement audits  Technical guidance/support on IT risks and controls in relation to SOX 404a and SOX 404b compliance, NIST 800-53/171a, Cyber Security Framework, HIPAA Technical Safeguards, CCPA/GDPR compliance, COBIT 2019 Framework
 Managed entire life cycle of IT internal and external audit engagements from planning research, audit program development, fieldwork and reporting
 Assess risks related to IT processes/assets and corresponding applications/tools  IT control testing over business automated controls, general IT controls, and cyber security controls as well as IT substantive testing over information systems.

Presentations
 November 2017 - Institute of Internal Auditors - General IT Controls for Internal Audit  December 2018 - Institute of Internal Auditors - SDLC Process and Audit/Risk Considerations  February 2019 - IT Audit for Business Process Professionals  May 2019 - IT Internal Audit Emerging Technologies: Data Analytics  September 2019 - Information Systems Audit and Control Association Education
 B.S. Degree in Economics, University of California, Los Angeles, CA.

Professional Activities
 Certified Public Accountant - California
 Certified Public Accountant - Ohio
 Certified Information System Auditor

F.3.b
Packet Pg. 102 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
18 The tables below and on the following page are a partial listing of our clients similar to the City, and illustrates the many different types of components involved in each audit engagement that present very difficult and complex auditing and accounting challenges (in order of audit hours). ** Indicates cities with population over 50,000
** Indicates cities with governmental revenues over $100 million and population over 50,000 City Client Since Hours Engagement Partner Principal Contact
Annual Comprehensive
Financial Report
GFOA Award
RDA/Successor Agency
Single Audit
TDA
Water Fund
Sewer Fund
SCO Report
Housing Authority
Enterprise Funds
Pension Trust Fund
** Richmond 2020 3,160 Ahmed
Badaw i
Mubeen Qader
Acting Director of Finance
(510)412-2077
[email protected]

X XXX XXXXX
** Berkeley 2008 1,505 Mitesh
Desai
Henry Oyekanmi
Finance Director
(510)981-7300
[email protected]

X XXXX X XX
** Ontario 2021 1,012 Ahmed
Badaw i
Armen Harkalyan
Executive Director of Finance
(909)395-2019
[email protected]

X XXX XXXXX
* Union City 2006 850 Mitesh
Desai
Jackie Acosta
Finance Director
(510)675-5345
[email protected]

X XXXX X X
** Folsom 2019 807 Ahmed
Badaw i
Stacey Tamagni
Finance Director
(916)461-6712
[email protected]

X XXX XX X
* Petaluma 2019 691 Ahmed
Badaw i
Corey Garberolio
Finance Director
(707)778-4357
[email protected]

X XXXXXXX
* San Luis
Obispo 2019 638 Ahmed Badaw i
Emily Jackson
Finance Director
(805)781-7125
[email protected]

X X XXXX
* Antioch 2005 586 Mitesh
Desai
Daw n Merchant
Finance Director
(925)779-6135
[email protected]

X XXXXXX X
Lafayette 2020 586 Ahmed
Badaw i
Jennifer Wakeman
Assis. Administrative Services Director
(925)299-3213
[email protected]

X XX X X
** Dublin 2018 546 Ahmed
Badaw i
Jay Baksa
Director of Finance & Admin. Services
(925)833-6640
[email protected]

X X XX X
Azusa 2017 540 Ahmed
Badaw i
Talika Johnson
Administrative Services Director
(626)812-5202
[email protected]

X XXX XX X
Similar
Engagements
with Other
Governmental
Entities
F.3.b
Packet Pg. 103 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
19 City
Client Since
Hours
Engagement Partner
Principal Contact
Annual Comprehensive
Financial Report
GFOA Award
RDA/Successor Agency
Single Audit
TDA
Water Fund
Sewer Fund
SCO Report
Housing Authority
Enterprise Funds
Pension Trust Fund
Millbrae 2015 524 Mitesh
Desai
Mike Sung
Finance Director
(650)259-2433
[email protected]

X XXX XX X
Glendora 2022 487 Ahmed
Badaw i
Kyle Johnson
Assistant Finance Director
(626)914-8245
[email protected]

X XXX X XXX
San Bruno 2022 486 Ahmed
Badaw i
Bobby Magee
Interim Finance Director
(650)616-7054
[email protected]

X X XXXXX X
* Yuba City 2017 450 Mitesh
Desai
Spencer Morrison
Finance Director
(530)822-4615
[email protected]

X XXX XXX X
Wasco 2021 428 Ahmed
Badaw i
Isarel Perez-Hernandez
Finance Director
(661)758-7230
isperez@cityofw asco.org

X XXXXXX
Pismo Beach 2022 389 Ahmed
Badaw i
Nadia Feeser
Administrative Services Director
(805)773-7010
[email protected]

X XXX XXX X
Larkspur 2019 382 Ahmed
Badaw i
Cathy Orme
Administrative Services Director
(415)927-5019
[email protected]
X XX
Atw ater 2021 380 Ahmed
Badaw i
Kellie-Jacobs Hunter
Finance Director
(209)357-6347
kjacobshunter@atw ater.org

XX XXXX
Lemon Grove 2022 377 Ahmed
Badaw i
Joseph Ware
Finance Director
(619)825-3803
Jw [email protected]
X XX X
Waterford 2018 311 Mitesh
Desai
Tina Envia
Finance Manager
(209)874-2328 Ext: 104
tenvia@cityofw aterford.org
X XX X
Solvang 2019 308 Ahmed
Badaw i
Brad Vidro
Interim City Manager
(805)688-5575 ext 204
[email protected]

X X XXX
Oakdale 2016 306 Mitesh
Desai
Albert Avila
Finance Director
(209)845-3584
[email protected]

XXXXX X
F.3.b
Packet Pg. 104 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
20 City
Client Since
Hours
Engagement Partner
Principal Contact
Annual Comprehensive
Financial Report
GFOA Award
RDA/Successor Agency
Single Audit
TDA
Water Fund
Sewer Fund
SCO Report
Housing Authority
Enterprise Funds
Pension Trust Fund
Guadalupe 2017 303 Mitesh
Desai
Janice Davis
Finance Director
(805)356-3895
[email protected]

XX XX X
Sebastopol 2017 275 Mitesh
Desai
Ana Kw ong
Finance Director
(707)824-4879
akw [email protected]

X XX XXX X
Cotati 2020 265 Ahmed
Badaw i
Angela Courter
Director of Administrative Services
(707)665-4236
[email protected]

X X XX X
Crescent City 2014 227 Mitesh
Desai
Linda Leaver
Finance Director
(707)464-7483 x224
[email protected]

XX XX XX
Scotts Valley 2019 202 Ahmed
Badaw i
Selina Andrew s
Finance Manager
(831)440-5614
sandrew [email protected]

X XX X X
F.3.b
Packet Pg. 105 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
21 The table below lists all special district engagements (in order of audit hours):

Special District
Client Since
Hours
Engagement
Partner
Principal Contact
Annual Comprehensive
Financial Report
GFOA Award
Single Audit
Enterprise Funds
San Gabriel Valley Council of Governments 2021 618 Ahmed Badawi
Rey Alimoren,
Director of Finance
(626) 962-9292
[email protected]
No N/A X X
County of Contra Costa Community
Services Bureau Child Development
Program
2013 450 Mitesh
Desai
Nancy Benavides
Fiscal Officer
(925)681-4268
[email protected]
No N/A
Florin Resource Conservation District/
Elk Grove Water District 2015 350 Mitesh Desai
Patrick Lee
Finance Manager / Treasurer
(916)685-3556
[email protected]
Yes Yes X
Hayward Area Recreation
and Park District 2017 350 Mitesh Desai
Anne Maze
Administrative Services Director
(510)881-6707
[email protected]
No N/A
Amador County
Transportation Commission 2019 260 Ahmed Badawi
John Gedney
Executive Director
(209)267-2282
[email protected]
No N/A
Solano County Water Agency 2020 243 Ahmed
Badawi
Roland Sanford
General Manager
(707) 455-1103
[email protected]
No N/A
San Mateo Mosquito and
Vector Control District 2018 228 Ahmed Badawi
Richard Arrow
Finance Director
(650)344-8592
[email protected]
Yes Yes
Monterey Bay Unified Air
Pollution Control District 2016 200 Mitesh Desai
Rosa Rosales
Administrative Services Manager
(831)718-8019
[email protected]
No N/A
Southern Marin Fire
Protection District 2020 160 Ahmed Badawi
Alyssa Schiffmann
Finance Manager
(415)388-8182
[email protected]
No N/A
Alameda County Waste Management
Authority (StopWaste) 2018 154 Ahmed
Badawi
Jennifer Luong
Finance Services Manager
(510)891-6500
[email protected]
Yes Yes
Central County
Fire Department 2012 150 Mitesh Desai
Jan Cooke
Finance Director
(650)375-7408
[email protected]
Yes Yes
Central Fire Protection District of
Santa Cruz County 2018 150 Mitesh Desai
Nancy Dannhauser
Finance Director
(831)479-6842
[email protected]
No N/A
Port of San Luis
Harbor District 2017 150 Mitesh Desai
Kristen Stout
Business Manager
(805)595-5413
[email protected]
Yes Yes X
Resource Conservation
District of Santa Cruz
County
2017 150 Mitesh
Desai
Sharon Corkrean
Director of Finance
[email protected]
No N/A X
Santa Cruz
Regional 9 - 1 - 1 2016 150 Mitesh Desai
Dennis Kidd
General Manager
(831)471-1038
[email protected]
No N/A
Zayante Fire
Protection District 2017 150 Mitesh
Desai
John Stipes
Fire Chief
(831) 335-5100
[email protected]
No N/A
F.3.b
Packet Pg. 106 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
22 The City desires an audit of the financial records for the City and an expression of an opinion in accordance with generally accepted accounting principles on the fairness of presentation of financial statements for the fiscal years ending June 30, 2024 through 2028, with the option of extending the contract for each of the two (2) subsequent fiscal years.

The Firm will:
 Express an opinion on the fair presentation of its basic financial statements which includes but is not limited to the financial statements of governmental activities, each major fund and all aggregate remaining fund information in conformity with generally accepted accounting principles in the United States of America.
 Express an "in-relation-to" opinion on the fair presentation of its combining and individual non-major and fiduciary fund financial statements and schedules in conformity with generally accepted accounting principles. The Firm will provide an “in-relation-to” report on the supporting schedules contained in the Annual Comprehensive Financial Report based on the auditing procedures applied during the audit of the basic financial statements and schedules.
 Provide an “in-relation-to” report on the schedule of expenditures of federal awards based on the auditing procedures applied during the audit of the financial statements.  Perform the audit in accordance with generally accepted auditing standards accepted in the United States of America, applicable to the financial audit contained in the Government Auditing Standards issued by the Comptroller General of the United States and the provisions of the Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations.
 Perform limited procedures on supplementary information required by the Government Accounting Standards Board.
 Issue the following reports, following the completion of the audit of the fiscal year’s financial statements:
 Independent Auditor’s Report on Financial Statements and Schedule of Expenditure of Federal Awards
 Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards
 Independent Auditor’s Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with the Uniform Guidance
 Schedule of Findings and Questioned Costs
 Auditor’s Communication with Those Charged with Governance  Annual Comprehensive Financial Report following the requirements and guidelines of the GFOA award program
 GANN Limit Agreed-upon Procedures
 State Controller’s Report
 Transportation Development Act (TDA)
 Provide special assistance to the City as needed.
 Retain all working papers and reports at the audit firm’s expense for a minimum of 7 years.

In addition, make working papers available to the City and/or any government agency as appropriate.

Should any conditions be discovered requiring corrective action, the Firm will provide a detailed description of the findings and recommended actions as to their resolution.

Understanding
of Services to
be Provided
F.3.b
Packet Pg. 107 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
23 The Firm will submit a report to the City’s Council and management detailing auditor’s responsibility under generally accepted auditing standards, significant accounting policies, management judgments and accounting statements, significant audit adjustments, other information in documents containing audited financial statements, disagreements with management, management consultations with other accountants, major issues discussed with management prior to retention, difficulties encountered during the audit, and any significant deficiencies or material weaknesses found during the audit. Non-material instances of noncompliance will be reported in a separate management letter, if appropriate, along with any other observations or recommendations determined to be informative to City Management.

The Firm will be available to provide advice and counsel regarding significant matters during the year.

The Firm’s Partner and Staff welcome the opportunity to make presentations to the City Council and will be ready to respond to questions from the Council and citizens of the City.

Objectives of Our Services
The basic objective of our audit of the City is to conduct an examination of the financial statements in accordance with generally accepted auditing standards and to express our opinion on the fairness of presentation of such financial statements in conformity with generally accepted accounting principles.

Additionally, we believe that another real value of our audit lies in meeting other objectives at no additional cost. The following are other objectives of our services that have important benefits to the City:
 To offer substantive observations and recommendations relating to accounting and operating control policies and procedures.
 To identify opportunities for operating efficiencies and isolate candidate activities for cost reduction opportunities.
 To perform a professional audit in an efficient and effective way to minimize disruption to the office operations.
 To offer ongoing advisory services to assist in the running of the operation and implementation of improved operating procedures.

The engagement will be conducted within the framework of the Firm's quality control program which includes the use of audit programs, careful planning, use of computerized audit software and internal control evaluation and documentation software, and objective review procedures.

On-site staff will use Firm supplied portable computers and printers.

Audit Approach
The specific audit approach has been designed to efficiently and effectively address the audit requirements of the City, to perform the audit of the City’s financial records in a timely manner with minimal disruptions to office operations, and to meet the City’s timeline.

The audit will be conducted in accordance with:
1) Generally accepted auditing standards established by the AICPA. 2) The standards contained in Government Auditing Standards issued by the GAO. 3) Provisions of the Single Audit Act and the Uniform Guidance. 4) Requirements issued by the California State Controller’s office. 5) Other requirements as required.

Specific Audit
Approach
F.3.b
Packet Pg. 108 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
24 We will conduct the necessary audit steps to perform:
 Planning of the engagement
 Evaluation of the existing internal control environment to determine degree of risk of material misstatement
 Determination of degree of compliance with laws, regulations, grant provisions, and City approved policies
 Assessment of potential fraudulent issues
 Validation of account balances
 Verification of reasonableness of management estimates Technical Approach
We use an industry specific audit approach tailored to governmental entities. Our governmental audit approach addresses the special risks and circumstances of local governments. As a result, the audit is conducted efficiently and effectively with minimal disruption to your staff.

The core of our governmental technical audit approach can be summarized as follows:

1. Planning, Understanding and Communication:

Based on our previous audit experience, using the budget, organizational charts, manuals and other financial information systems and our knowledge of how governments work, we will obtain an insight to the specific concerns and sensitivities of the City. Our understanding is updated continuously through our year-round contact and communication efforts. We will agree on common audit objectives and expectations with management before audit work begins and, throughout the audit, will meet regularly with management to discuss audit issues and to gather feedback.

2. In-Depth Review of Systems and Controls:

We have developed diagnostic reviews which enable us to evaluate your systems and controls, and to provide management with constructive feedback. Combined with our knowledge of the City and understanding and experience with the City’s accounting software, our control review will form the basis of our audit risk assessment. We will utilize the COSO approach in our evaluation of the City’s internal processes to identify potential control deficiencies. In future years, we will update our understanding through similar procedures.

3. Risk-Based Customized Testing Program:

Our audit approach is tailored to governmental applications. We will use audit programs specifically designed to address the operational environment of governmental entities. Our approach will identify potential control risks and the opportunities for risk of material misstatements and fraud. We will evaluate the various risk assessments and identify the potential risks relating to the:
 Balance Sheets / Statement of Net Position
 Statement of Revenues and Expenditures / Statement of Activities  Presentation
 Disclosure
Our audit procedures will then be developed to address these risk areas.

4. Expanded Interim Fieldwork:

Timeliness and audit efficiency is enhanced by performing extensive interim work. Partners, managers and senior staff work with City staff to identify and resolve potential audit issues early. Accordingly, the amount of audit work to perform at year end is minimized. Because our audit staff is familiar with the operations before year-end fieldwork begins, disruption of accounting staff is minimized.

F.3.b
Packet Pg. 109 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
25 5. Smooth Transition:

Our testing program focuses on audit risks identified by our understanding of the City’s operations. We will work with the accounting staff to identify the most effective ways to address our objectives. Communication between the members of the audit engagement team and City staff will be fluid and continuous.

6. Sample Size and Sampling Techniques:

Our audit approach will include sampling activities. Population size and the level of assurance to be derived from a particular test will dictate the sample size. We use sampling in our audit approach to compliment skilled judgment and knowledge of the particular situation. Our sample size will range normally from 25 to 60 items.

7. Automated Systems:

We will evaluate controls over the IT functions to assess control risk. We intend to test controls for purposes of reliance. Our review procedures will evaluate controls over:
 Security Management
 Logical and Physical Access
 Configuration Management
 Segregation of Duties
 Contingency Planning
In addition, we will review controls over:
 Input, processing, output, master data
 Application interface
 Data management system interface
Our information Technology Specialists will evaluate the IT operating control environment.

8. Analytical Procedures:

We use analytical procedures in several aspects of our audit. Extensive knowledge and industry background are required for effective analytics, and our staff possesses the appropriate experience and knowledge for the City to benefit from these procedures.

9. Approach to be Taken in Determining Laws and Regulations Subject to Audit Test Work:

We continuously refer to specific regulations, compliance supplements, state guidelines and contracts currently in force. We perform the procedures required related to laws and regulations, using inquiries, observations and sampling techniques. Some of the laws and regulations that we believe may be applicable to the City are the requirements of the California Public Utilities Commission, Single Audit Act and other applicable laws and regulations, including the California Government Code, provisions of applicable Grant guidelines, California Constitution GANN Limit requirements, requirements of local measures, Child Care Program compliance requirements, etc.

10. Report Format:

We will meet with City Management to review report formats. Any report format changes will be made in conjunction with approval from City Management.

11. Work Plans:

The detailed work plans will be designed to efficiently and effectively address the audit requirements of the City in accordance with generally accepted auditing standards, to perform the audit of the City’s financial records in a timely manner with minimal disruptions to office operations, and to meet the City’s timeline.

F.3.b
Packet Pg. 110 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
26 12. Adjusting Journal Entries:

We will discuss and explain proposed audit adjusting entries with the City’s designated Finance Department personnel prior to recording. Audit adjusting entries will be provided in a format showing the lowest level of posting detail needed for data entry on the City’s general ledger system.

13. Listing of Schedules and Tables (anticipated to be prepared by the City):

Based on preliminary inquiries made with management and City staff and review of documents, we will tailor a list of schedules, tables, and other reconciliations required for the audit. We will take into account as much as possible reconciliations already prepared by the City for day to day operations and reporting, as well as any reports that are system generated to limit the need for additional City staff hours.

The following is a listing of some of the significant reconciliations and schedules that we would normally expect the City to provide to us in assisting us in conducting our fieldwork.  Trial Balance
 Annual Comprehensive Financial
Report Account Roll Up Schedules
 Budget to Actual Reports
 Bank Reconciliations
 Listing of manually prepared journal
entries posted
 Summary of Investments held by the
City
 Capital Asset Schedules
 Long Term Debt Schedules
 Debt amortization schedules &
Calculations of deferred amounts
 Calculations of any debt covenants
amounts or percentages
 Schedule of Leases
 Schedule of Expenditures of Federal
Awards
 Analysis of Deferred Inflows of
Resources and Deferred Outflows of
Resources
 Reconciliation of Receivables to
subsidiary ledgers
 Calculations for estimate of allowance
for uncollectible accounts
 Loans Receivable Schedules
 Reconciliation of Significant Revenue
Accounts
 Fee schedules
 Compensated Absences Schedules
and Copies of Related Policies
 Claims Payable Schedules
 OPEB Roll Forward & Supporting
Schedules
 GASB 54 Fund Balance Roll Forward
Schedule
 Interfund Transaction Schedules
F.3.b
Packet Pg. 111 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
27 The Firm maintains a variety of specialized software packages during the audit that enable us to perform an efficient, thorough, and timely audit and keeping time demands on City staff to a minimum.

Trial Balance Management and Financial Statement Preparation ProSystem Fx Engagement allows us to import and manage multiple years of trial balance data including budgetary information, create multiple account groupings, generate reports, post journal entries proposed during the audit (including GASB 34 conversion entries), and link information directly to the financial statements. This gives us the ability to:
 Generate immediate trend and other comparative analysis of trial balance and budget data prior to the start of the audit. This allows us to identify potential issues and make inquiries early in the audit
 Link the financial statements and footnotes prior to the start of the audit allowing us to have majority of the financial statements (including budgetary comparison schedules and other supplementary information) prepared at the time the trial balance is uploaded  Audit adjustments or City adjustments provided during the audit are automatically reflected in the financial statements
Audit Request Management and Document Exchange
CCH Engagement Organizer (“Organizer”) is a virtual “Prepared by Client (PBC) List” that streamlines the process of requesting, receiving, and keeping track of documents. The Organizer is an integrated cloud-based request list that helps to facilitate the engagement through more seamless collaboration between the Firm and our clients. By utilizing the Organizer, the City can do all of the following in one secure virtual environment:
 Attach files of any type to document requests
 Easily track the status of document requests that are either pending, completed by the City, accepted by us, or rejected by us
 Access templates and documents from us that require completion  Have multiple City staff get involved and assist in the audit process  Participate in a dialog with us for questions and notes We have found that the use of the Organizer has helped our clients be always informed as to the status of their audit, and not be surprised with new requests or follow up on outstanding requests previously provided.

Computer Aided Audit Tools (CAATs)
The Firm’s data analytics software enables our Engagement Team to perform more than 150 Computer Aided Audit Tools (or “CAATs”). CCH Teammate Analytics gives us the ability to perform advanced data analysis and increase efficiency. By utilizing this software, we can:
 Immediately visualize and analyze 100% of account populations with graphs, charts and statistics to identify anomalies
 Make fewer sample selections that are targeted to problematic areas  Quickly analyze transactional data for:
o Duplicate records
o Missing transactions
o Transaction sequence
o Unusual items
 Compare excel worksheets for changes or differences
 Generate immediate testing samples
 Perform regression analysis
 Filter and extract data from City reports
Use of
Technology in
the Audit
F.3.b
Packet Pg. 112 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
28 Audit Planning, Risk Assessment, and Audit Programs
Our firm utilizes CCH Knowledge Coach, which is an expert system that adapts and customizes our audit approach specifically based on the City’s structure, operating environment, specific transactions, and identified risks or matters to be addressed in the audit. The software is frequently updated for new industry trends and audit requirements. Included in the software is a continuous diagnosis of audit forms that identifies missing information, procedures, or any conflicts that need to be addressed prior to issuance of the audit report. We have found that this audit tool greatly benefits our audit clients in the following ways:
 Removal of standardized audit steps and procedures that do not add value to the audit  Targeted audit procedures focusing on risks and accounts specific to the City’s operations
 Audit is always performed in accordance with audit standards especially the risk assessment standards
 Maximizing audit efficiency having less City staff time dedicated to gathering information or responding to inquiries by focusing on material issues  Automatic self-diagnostics ensure no audit steps are missed, guaranteeing a quality audit
Research Tools
We maintain multiple research software packages that are always kept up to date to ensure compliance with accounting and auditing standards, and are also a resources for us to provide guidance to our clients. In addition to accounting and audit literature, we have access to interactive disclosure checklists that include sample footnote disclosures and financial statements.

F.3.b
Packet Pg. 113 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
29 2024
Period Audit Tasks
March - April - Planning and Administration
 Review and obtain copies of key work papers of prior audit firm.  The entrance conference shall be held with City staff. The purpose of this meeting will be to discuss prior audits and the interim work to be performed. This meeting will also be used to establish overall liaison for the audits and to make arrangements for work space and other needs
 Review and evaluate the City's accounting and financial reporting.

Prepare an overall memo of recommendations, potential issues, and suggestions for improvements
 Prepare overall memo to the City confirming audit procedures, timing, and assistance
 Prepare detailed audit work plan and audit programs, audit budget and staffing schedule, and list of schedules to be prepared by the City staff
 Send the Organizer to the City that will include all request items considered to be necessary for the audit
April - Internal Control Evaluation
 Meeting with City Manager and Department Heads of other departments with large operating budgets or which have significant federal grant expenditures
 Attending City Council meetings
 Meeting with off-site locations
 Meeting with key Finance Department personnel
 Obtain and document understanding of key internal control systems through walk-throughs, interviews of staff, and review of supporting documentation
o General ledger system
o Budgeting system
o Revenue, accounts receivable, and cash collections
o Purchasing, expenditures, accounts payable, and cash
disbursements
o Payroll
o Federal Financial Assistance
o Other systems
 Identify control risks
 Evaluate IT control environment
 Perform testing of the internal control system and evaluate the effectiveness of the City’s systems. Select large dollar and random samples of transactions in key operating systems. Sample size to meet required level for determined degree of risk. Review supporting documentation of selected transactions, evaluate adequacy of support and approvals, and conclude on degree of adherence to accuracy and compliance with City policies  Conduct fraud assessment procedures
 Assess degree of risk for material misstatement
 Provide to the City’s management a memo concerning
management letter points and identify issues, if any
Audit
Schedule
F.3.b
Packet Pg. 114 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
30 2024
Period Audit Tasks
April - Other Tasks
 Review minutes of City Council meetings and other key committees  Perform preliminary substantive procedures, which would include tests of:
o Vendor and contractor payments
o Payroll expense
o Pension and OPEB testing
o Capital asset acquisitions
o Journal entries
o Retrospective review of accounting estimates
 Financial statement database management and other setup, in addition to drafting of all necessary report templates
 Preliminary Single Audit and other compliance testing  Coordinate with City staff and prepare of all appropriate confirmation requests including:
o Bank accounts
o Investment pool accounts
o Accounts receivable
o Federal grants
o Revenue from governmental agencies
o Bond and other debts
o Attorney letters
o Others, as required
 Update the Organizer with any additional requests that will be needed for the City's audit
 Provide the City with audit plan and list of year-end audit schedules  Hold progress conference with City Management
 Hold exit conference with City Management
October - Final Fieldwork
 Entrance conference with City Management
 Follow-up on all outstanding confirmations
 Verify and validate account balances by reviewing supporting documentation including invoices, vouchers, council resolutions, minutes, and other documents, as required
 Perform analytical review of revenue and expenditures. Determine reason for material differences between budget and actual  Perform a search for unrecorded liabilities by reviewing disbursements subsequent to June 30, testing terms of contractual obligations, and interviewing City staff
 Perform review of subsequent events by discussions with City Management and update all minutes of City Council and key committees
F.3.b
Packet Pg. 115 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
31 2024
Period Audit Tasks
- Single Audit Compliance
 Entrance conference with City Management
 Obtain Federal Financial Assistance Schedule
 Determine grants to be considered as major programs including clusters
 Perform audit tests of major grant programs and compliance with Federal Law and Regulations
 Review grant documents, select sufficient number of transactions to test for compliance of Federal Requirements
 Coordinate Single Audit efforts with the Financial Audit efforts  Communicate findings to City Management
 Other Compliance
November - Audit Reports
 Complete drafts of City’s Annual Comprehensive Financial Report  Prepare draft of Single Audit Reports concerning internal control structure, compliance with laws and regulations, and administering of federal financial assistance programs
 Prepare other reports as required
 Provide revised final drafts of all required reports to the City for approval
December - Final City Audit Reports, Financial Statements, Single Audit Reports, and other reports delivered.
- Audit Presentation to Council (if requested)
January 2024 - State Controller’s Reports delivered and submitted - Single Audit Report package submitted to Federal Audit Clearinghouse
Note: the proposed audit schedule above can be adjusted as necessary based on the needs of the City.

Estimated Hours by Audit Phase
Position Planning
Interim
Fieldwork
Year End
Fieldwork Reporting Total
Partner 7 17 12 3 39
Audit Manager 5 26 29 5 65
Audit Senior 12 43 46 5 106
Professional Audit Staff - 70 64 8 142
IT Specialist - 2 - - 2
Administrative Assistant 6 9 - 9 24
Total 30 167 151 30 378
F.3.b
Packet Pg. 116 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
32 Identification of Anticipated Potential Audit Problems We do not anticipate that there will be any audit problems at the City. However, the following are some areas that we will carefully investigate and monitor during our audit procedures:
 Financial Reporting:
 Review and evaluate that the City’s Annual Comprehensive Financial Report is in compliance with current reporting and disclosures requirements issued by the GASB and GFOA.
 Review the Annual Comprehensive Financial Report for financial reporting conformance awards issued by CSMFO and GFOA.
 Review and evaluate degree of compliance with the various GASBs in effect.  Review degree of compliance with infrastructure obligations and regulatory provisions.  Internal Control Structure:
 Review and evaluate the City’s internal control functions and ascertain compliance with proper internal control philosophies.
 Review computer system processes and controls and evaluate adequacy of the control environment.

Several new GASB pronouncements will become effective over the time period of this proposal.

As such, specific attention will be provided to determine the proper implementation of these new pronouncements. A list of known new pronouncements with implementation dates that fall within this proposal period are as follows:
2024
 Statement 100 – Accounting Changes and Error Corrections—an amendment of GASB Statement No. 62
2025
 Statement 101 – Compensated Absences

Discussion of
Relevant
Accounting
Issues
F.3.b
Packet Pg. 117 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
33 Schedule of Professional Fees
I hereby certify that the undersigned is authorized to represent the firm stated above, and empowered to submit this bid, and if selected authorized to sign a contract with the City, for the services identified in the Request For Proposals.

Firm Name: Badawi & Associates, CPAs
Signature:

Printed Name: Ahmed Badawi
Title: President
Date: August 31, 2023

2024 2025 2026 2027 2028
2029
Optional
Year
2030
Optional
Year
Basic Reports to Be Issued:

Financial Statements Audit $ 26,385 25,725 $ 26,950 $ 27,465 $ 28,245 $ 29,100 $ 29,725 $ GANN Limit Agreed-upon
Procedures 1,045 1,005 1,110 1,175 1,320 1,390 1,465
Total 27,430 26,730 28,060 28,640 29,565 30,490 31,190
Additional Audit Reports To Be
Requested At City Option:

Single Audit 2,895 2,675 3,075 3,255 3,310 3,475 3,655
MTC Transportation Development
Act (TDA) 3,360 3,265 3,570 3,785 3,940 4,015 4,220
Annual Report of Financial
Transcations (Controller's Report) 2,340 2,320 2,385 2,530 2,550 2,575 2,710 Total $ 36,025 34,990 $ 37,090 $ 38,210 $ 39,365 $ 40,555 $ 41,775 $ Year Ended June 30th
Service
Hours Rates Hours Rates Hours Rates Hours Rates Hours Rates Hours Rates Hours Rates Partner 39 150 $ 35 160 $ 34 165 $ 33 $165 37 $170 36 $175 36 $180 Audit Manager 65 120 62 130 60 135 58 140 60 150 59 160 58 165 Audit Senior 106 85 98 95 95 105 92 110 90 120 88 125 86 135 Professional Audit Staff 142 75 138 85 134 90 131 100 116 100 114 105 111 110 IT Specialists 2 120 1 135 1 145 1 145 1 145 1 145 1 145 Administrative Assistant 24 60 17 70 16 75 16 80 17 90 17 100 16 110 Total Hours 378 351 340 331 321 315 308
Total Cost $ 39,365
2024 2025 2026 2027 2028
2029
Optional
Year
$ 40,555
2030
Optional
Year
$ 41,775
Position
$ 36,025 34,990 $ 37,090 $ 38,210 $
Comprehensive
Cost Bid
F.3.b
Packet Pg. 118 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
34 Manner of Payment:

Each Engagement Team member maintains detailed time sheets describing work performed, date of work, and amount of time spent on each task for the Engagement. The Firm will bill the City after completion of each phase of the audit and bill the City up to a maximum of 90%. The remaining 10% of the proposal amount will not be due until all final reports are delivered and accepted by the City. The City can anticipate three billings as follows:

Work Performed
% of Proposal
Amount
For interim work 45%
For year-end work 45%
At presentation and acceptance of final reports 10%
Total 100%

Rates for Additional Professional Services:

Any services outside the scope of our engagement will be promptly identified before the services are rendered. Upon mutual agreement, the out-of-scope services will be separately billed at our standard hourly rates. While it can be difficult to simply state hourly rates, as often times the needs of the client and the specific tasks directly impact the billing rates for our services, we want to provide the following information regarding our published billing rates:

Position Hourly Rate
Partner $ 200
EQR 200
Manager 150
Senior 125
Staff 100
Admin. 75

Our Standard Hourly Rates are adjusted annually by 3% for Cost of Living and Inflation Adjustments

F.3.b
Packet Pg. 119 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
35 A client relationship with the City will be of great value to our Firm and we welcome the opportunity to develop a long-term relationship with the City. We are committed to:
 Rendering the highest standard of service
 Developing a long-term working relationship dedicated to meeting the needs of the City  Assisting the City in operational issues
 Producing a quality end-product
We have the technical qualifications and experience to provide the level of service desired and expected by the City and stand ready to provide our knowledge and experience for the benefit of your organization.

We would like to express our appreciation to the City and to its Staff for allowing us the opportunity to submit a proposal to perform professional auditing services. We are available, at your convenience, to discuss any aspects of our proposal.

Thank you for allowing us to present our Firm to you.
* * * * * * * * * * * * * * * * *

Conclusion
F.3.b
Packet Pg. 120 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
36 References
1) City of Berkeley
 Scope of Work: Annual Comprehensive Financial Report, Gann Limit, SAS114, Measure B (Alameda County), Vehicle Registration Fee Audit (Alameda County), Due Diligence Reviews for the RDA Successor Agency
 Engagement Partner: Ahmed Badawi (2008 – 2019), Mitesh Desai (2020- Present)  Address: 2180 Milvia Street, Berkeley, CA 94704
 Principal Contact:

Mr. Henry Oyekanmi
Finance Director
(510) 981-7332
[email protected]
2) City of Lafayette
 Scope of Work: Annual Comprehensive Financial Report, Single Audit, Gann Limit, TDA, Lamorinda Fee and Finance Authority Report, Lamorinda School Bus Transportation Agency Report, State Controller's Report  Engagement Partner: Ahmed Badawi (2020 – Present)
 Address: 3675 Mount Diablo Blvd., #210, Lafayette, CA 94549  Principal Contact:

Ms. Jennifer Wakeman
Assistant Administrative Services Director
(925) 299-3213
[email protected]
3) City of Antioch
 Scope of Work: Annual Comprehensive Financial Report, SAS 114, GANN Limit, Single Audit, TDA
 Engagement Partner: Ahmed Badawi (2005 – 2019), Mitesh Desai (2020- Present)  Address: Third and H Streets, Antioch, CA 94509
 Principal Contact:

Ms. Dawn Merchant
Finance Director
(925) 779-6135
[email protected]
4) City of Dublin
 Scope of Work: Annual Comprehensive Financial Report, SAS 114, GANN Limit, Single Audit, Measure B, Measure BB, Measure F, State Controller's Reports  Engagement Partner: Ahmed Badawi (2018 – Present)
 Address: 100 Civic Plaza, Dublin, CA 94568
 Principal Contact:

Mr. Jay Baksa
Director of Finance & Admin. Services
(925) 833-6640
[email protected]
5) City of Petaluma
 Scope of Work: Annual Comprehensive Financial Report, TDA, SAS 114, State Controller's Reports
 Engagement Partner: Ahmed Badawi (2019 – Present)
 Address: 11 English Street, Petaluma, 94952
 Principal Contact:

Ms. Corey Garberolio
Finance Director
(707) 778-4357
[email protected]

Appendix
F.3.b
Packet Pg. 121 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City of Orinda Technical Proposal
37 Exceptions to the Contract
With regard to the RFP Exhibit A, City of Orinda Services Contract (Sample Contract), we would like the following items to be edited:

7. Work Product, Intellectual Property and Records.
a. Ownership. Unless such property is proprietary in nature, all documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City.

Provider grants City a royalty-free, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings, and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.
d. Recordkeeping. Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Except as relates to the Provider's audit workpapers, Provider will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records, or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

F.3.b
Packet Pg. 122 Attachment: Badawi & Associates Proposal (3242 : Award Independent Audit Contract RFP Process) City Council
Staff Report
Agenda Item: H.1
Date: November 7, 2023
Department: Administration
AGENDA TITLE: Ratify Discontinuance of Remote Public Comment for the City Council and Planning Commission Meetings
RECOMMENDATION:

Ratify the City Manager’s Decision to Temporarily Discontinue Remote Public Comments, or Provide Other Direction As Appropriate
BACKGROUND: There has been a dramatic increase in “Zoombombing” of public agency meetings in which multiple persons, both during public comment and while commenting on agenized items, utilize their time to make offensive and derogatory statements targeted to persons of color, the LGBTQ community, and various religious faiths. These comments are also often expletive laden or obscene in nature. These comments are made by people appearing remotely and anonymously using fictitious names in those agencies which are using a hybrid format for their meetings.

Numerous cities in Contra Costa County and other parts of Bay Area have been subject to these Zoombombing incidents. While cities are limited by what they can do to address these instances given freedom of speech considerations, a variety of strategies have been used to mitigate the impact of these unfortunate and uncivil appearances.

The most effective strategy has been for public agencies to eliminate remote public appearances and participation. Meetings continue to be live streamed or broadcast and those who wish to can attend and comment in person or can submit their comments in writing.

In order to avoid such an occurrence in Orinda, and to ensure our community and employees are not subjected to hate speech, the City Clerk and City Manager have proactively discontinued remote participation as of this Council meeting. The agenda has been modified to share this new approach and to advise those who wish to participate how they can participate and comment. This item seeks the City Council’s ratification of this action and we would plan to revisit the discontinuance prior to the end of March, 2024.

Also provided as additional background is the staff report and an excerpt from the meeting on April 11, 2023, at which time the Council opted to implement a hybrid meeting option.

NEXT STEPS: The City would share communication with the Orinda community on these changes.

H.1
Packet Pg. 123
FISCAL IMPACT: None as result of this item.

ATTACHMENTS:

A. Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

H.1
Packet Pg. 124
City Council
Staff Report
Agenda Item: H.2
Date: February 21, 2023
Department: Administration
AGENDA TITLE: Discussion and Direction Regarding Options and Policies for Future In-Person and Hybrid Meetings of the City’s Brown Act Bodies RECOMMENDATION:

Staff recommends the Council discuss the full range of options and policies for future meetings of the City’s Brown Act bodies (in-person and hybrid). Staff also recommends the Council ask any questions they may have regarding the Brown Act’s teleconference rules (as amended by AB 2449) and discuss their use and implications.

BACKGROUND:

In March, 2020, in response to the COVID-19 Pandemic, the City’s Brown Act Bodies began meeting via Zoom/teleconference only to provide for safely conducting City business.

Prior to COVID, the meetings were held in person in various City rooms and locations.

Only the City Council and Planning Commission meetings were live-streamed.

Members of the City Council infrequently attended meetings via a telephonic device, as permitted under the Brown Act.

Effective February 28, 2023, the Governor has indicated that the COVID State of Emergency will end and therefore the ability to meet by teleconference only will also end.

At their City Council Meeting of January 17, 2023, the Council began their discussions of returning to in-person meetings in alignment with the end of the State of Emergency.

On February 7, 2023, the City Council extended authorization for continued use of remote teleconferencing to February 24, 2023, under Resolution No. 42-21, in anticipation of a return to in-person meetings beginning with the Council’s February 25 strategic planning workshop. On February 21, 2023, the City will consider terminating the City’s own declared COVID State of Emergency.

DISCUSSION:

With the end of the State and local COVID emergencies, and the inability to continue fully remote meetings, the City’s Brown Act bodies will return to in-person meetings effective February 25, 2023.

Given timing, technology constraints, and staffing needs, for an initial period, meetings will return to an in-person format only as we shared with the City Council in January.

Initially, the Council and Planning Commission would return to the pre-COVID meeting approach (in-person in the Library Auditorium with real-time video webcast and no H.2
Packet Pg. 120
H.4.a
Packet Pg. 222 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 125 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) virtual participation option for the public). The City Council did indicate that staff should explore opportunities to offer a hybrid format and we have continued to do so. The City Clerk and other staff have been reviewing a number of technologies, including testing some, consulting with other agencies, and evaluating options. The purpose of this staff report is to update the City Council and narrow the options in order for staff to advance a hybrid option for implementation sooner rather than later as a pilot project if that is the desire of the City Council.

There are several options to consider and decisions to be made. The first is whether to provide the option of teleconferencing in addition to the in-person meeting and if so when that option should begin. Other things to discuss are which bodies to provide a teleconference option, if any, in-person COVID protocols, and whether Council or other bodies should be given the option to take advantage of AB 2449 teleconferencing flexibility. Please see attached detailed analysis provided by the City Attorney.

Staff’s suggestions to guide the Council’s discussion:

1. Public attendance via Zoom at Council meetings: Does the Council want to incur the additional expense involved in providing members of the public with the option to attend and participate in Council meetings virtually (via Zoom) in the future?
a. If yes, Staff will work to provide a means to continue using the Zoom webinar format, with Council and staff generally appearing in-person from a single location and the public having the option to attend in person or via Zoom.
b. If yes, what should the in-person venue be (Library Auditorium or Sarge)? The Fire District has successfully trialed hybrid meeting capability in the Sarge Room and that model would be the easiest to implement on a pilot basis for the City. As such, staff would recommend an initial transition to the Sarge Room for City Council once the technology and other resources are available. In the event of an agenda topic for which we would anticipate a larger level of public participation in-person, we could move select Council meetings to the Library Auditorium with live stream, but no hybrid format/Zoom option.

2. Public attendance via Zoom at other meetings: Does the Council want to incur the additional expense involved in providing members of the public with the option to attend and participate in other City Brown Act meetings (there are approximately 30 Brown Act bodies) virtually (via Zoom)? a. If yes, which City meetings should be covered (e.g., all/some commission meetings, all/some Council subcommittee meetings, etc.) b. If no, would the Council like to return to the pre-COVID meeting approach (in-person meetings, real-time video webcast for Planning Commission only and no virtual participation option for the public)? H.2
Packet Pg. 121
H.4.a
Packet Pg. 223 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 126 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) As part of any pilot, initially, staff recommends that only Planning Commission meetings be transitioned to a hybrid format, once available, and in the Sarge Room. If a high level of public participation in-person is expected at a Planning Commission meeting, it would move to the Library Auditorium with a live stream, but no hybrid format/Zoom option. Offering the hybrid option for only Planning Commission meetings at this time would allow for the further evaluation of the ability and costs to add other select bodies to the hybrid option over time.

3. Public health measures for in-person meetings: What (if any) public health measures should apply for attendees at in-person meetings (e.g., social distancing, masking, voluntary sign-in sheet). Note: The City Manager would decide whether members of staff and consultants would be allowed to attend virtually, to the extent Zoom participation is possible.

Staff recommends that voluntary masking and sign-in be encouraged but not required.

4. Council attendance via Zoom per AB 2449: If the Council decides (see question 1) to incur the additional expense involved in providing members of the public with the option to attend Council meetings virtually, do Council members anticipate attending via Zoom per the flexibility allowed under AB 2449? a. If yes, Staff will develop systems and procedures to address the associated complexities.
b. If no, should staff bring forward an update to the Council’s Policies & Procedures Manual to discourage/prohibit Council member teleconference attendance under AB 2449?
Staff does not recommend that Council use the option of attending by teleconference at this time, due to logistics and time involved in tracking, etc. This could be revisited in the future.

5. Appointed officials’ attendance via Zoom per AB 2449: To the extent the Council decides (see question 2) to incur the additional expense involved in providing members of the public with the option to attend other City Brown Act meetings virtually, should the appointed members of those Brown Act bodies be allowed to attend meetings via Zoom to the extent allowed under the Brown Act (as amended by AB 2449)?
a. If Council decides yes, Staff will develop systems and procedures to address the associated complexities.
b. If the Council decides no, we will return to the Council with a policy statement or other vehicle to prohibit teleconference attendance for other Brown Act bodies.

Staff does not recommend that Council use the option of attending by teleconference at this time, due to logistics and time involved in tracking, etc. This could be revisited in the future.

H.2
Packet Pg. 122
H.4.a
Packet Pg. 224 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 127 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) NEXT STEPS:

Once staff receives Council direction, they will begin to implement whatever is decided.

FISCAL IMPACT:

If hybrid options are desired, there will be hourly costs for staff/consultants to set up and monitor the hybrid systems. The staff has discussed with outside consultants who provide these services and are awaiting more refined estimates and/or hourly costs.

However, at minimum, it is estimated that the on-going cost per meeting of the City Council and Planning Commission for this assistance will be up to $600 per meeting or up to $28,000 a year for City Council and Planning Commission meetings only. In addition, there will be some cost to secure and install equipment and make other modifications to accommodate a hybrid format.

ATTACHMENTS:

A. AB 2449 (teleconferencing)
Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

H.2
Packet Pg. 123
H.4.a
Packet Pg. 225 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 128 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) AB 2448/Teleconferencing Rules
Effective January 1, 2023, Assembly Bill 2449 (“AB 2449”) amends and supplements Government Code section 54953 of the Ralph M. Brown Act in a way that provides some additional flexibility for Council members and other officials to participate in meetings via teleconference, but also involves substantial complexity and some uncertainty. This item has been placed on the agenda to update the Council about this new law and to provide an opportunity for the Council to discuss, ask questions, and provide any direction regarding how AB 2449 may be relevant to Council meetings.

The Key Brown Act teleconference provisions (as amended by AB2449) are provided/highlighted in Attachment 1.

What are the options if a Council member wants or needs to teleconference? With the changes to the Brown Act under AB 2449, there are currently three distinct possible options for a member to participate in meetings virtually:

1. “The Usual” option under Section 54953(b): This is the teleconferencing option that has historically been available; it requires the Council member to post a hard copy of the agenda at their remote location and allow the public to physically attend the meeting at that location (e.g., home, office, or hotel room). This option does not have a sunset; it is planned to still be available after 2025.

2. “The Covid Emergency” option under Section 54953(e): This approach has been used by all Council members during the Covid emergency and involved making certain monthly findings (sometimes called “AB 361 findings”) regarding the state of emergency and its impact on the ability to safely meet, and/or the continued imposition or recommendation of measures to promote social distancing. This option is not likely to be relevant after February 24, 2023 because the Council has stopped making AB 361 findings as of that date. This option is currently scheduled to sunset from the Brown Act at the end of 2023.

3. “The Just Cause or Personal Emergency” option under Section 54953(f): This is a new option added to the Brown Act by AB 2449. It provides two distinct bases for a Council member to attend virtually: (i) for Just Cause, or (ii) for a Personal Emergency. The legislation provides somewhat complicated criteria that must be satisfied, procedures that must be implemented, and limitations on the number of times a member can rely on these bases. This option is scheduled to sunset at the end of 2025.

Each of these three options only applies in a unique set of circumstances and has unique procedural requirements that must be satisfied. Thus, if a Council member wants to attend H.2.a
Packet Pg. 124 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 226 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 129 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) virtually, it will be important to identify which option is applicable and ensure careful compliance with that option’s requirements. Below is a high-level summary of some key differences between the options; careful review of each option’s specific requirements is essential.

Options for Teleconferencing under the Brown Act
Usual Covid Emergency Just Cause or Personal
Emergency
Govt Code section Section 54953(b) Section 54953(e) Section 54953(f) until end of 2023;
renumbered Section
54953(e) for 2024 and
2025
Public must be
allowed to attend in
person at member’s
remote location?
Yes No No
Limit on # of members
who can use this
option at the same
time?
No, but at least a
quorum must
participate from
locations within the
City
No Yes, at least a quorum
must be present in
person at single
location open to the
public
Limit on # of times a
member can use the
option?
No No Yes
Member must use
both audio + visual
technology?
No, audio only is
acceptable
No, audio only is
acceptable
Yes (Zoom OK)
Required to provide a
physical meeting
location for public?
Yes, at regular meeting
location + at member’s
remote location
No Yes
Required to provide
call-in or internetbased broadcast for
public?
No Yes (Zoom OK) Yes (Zoom OK)
Action must stop if
broadcast for public
disrupted?
No, no express
requirement although
could choose to pause
until technology issue
resolved and may be
prudent to do so
Yes Yes
Planned to sunset? No Yes, sunsets at end of
2023
Yes, sunsets at end of
2025
H.2.a
Packet Pg. 125 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 227 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 130 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) How do the AB 2449 “Just Cause” and “Personal Emergency” provisions compare? Comparison of Just Cause and Personal Emergency Options Just Cause Personal Emergency
Timing Must notify at the earliest
opportunity possible (could
come at the start of the
meeting)
Must request approval as soon
as possible (could come at the
start of the meeting)
Approval of Council required? No Yes, must take formal action at a noticed public meeting
Limits on the circumstances
that qualify?
Yes, only 4 circumstances: (a)
caregiving for certain family
members, (b) contagious illness,
(c) a physical or mental
disability, and (d) travel while on
official business for the City or
another public agency
Yes, only a physical or family
medical emergency that
prevents a member from
attending in person
Limits on # of times it can be
asserted?
Yes, City will need tracking
system
Yes, City will need tracking
system
Attachment 1: Government Code 54953.

H.2.a
Packet Pg. 126 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 228 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 131 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) Attachment 1:

Government Code 54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.

H.2.a
Packet Pg. 127 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 229 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 132 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.

H.2.a
Packet Pg. 128 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 230 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 133 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) (B) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.

H.2.a
Packet Pg. 129 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 231 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 134 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) (ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting. (D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.

H.2.a
Packet Pg. 130 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 232 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 135 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2. (B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.
(C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. (g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is H.2.a
Packet Pg. 131 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 233 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 136 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2.
(B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D) Travel while on official business of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (4) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5) “State of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (7) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.

H.2.a
Packet Pg. 132 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 234 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 137 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) (8) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (9) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. (Amended (as amended by Stats. 2021, Ch. 165, Sec. 3) by Stats. 2022, Ch. 285, Sec. 1. (AB 2449) Effective January 1, 2023. Repealed as of January 1, 2024, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2022, Ch. 285.) 1616381.1
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Packet Pg. 133 Attachment: AB 2449 (teleconferencing) (3028 : Options for Returning to In-person City Meetings) H.4.a
Packet Pg. 235 Attachment: City Council Report - Tuesday, February 21, 2023 (3079 : Hybrid Meetings Implementation Options) H.1.a
Packet Pg. 138 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) H.1.a
Packet Pg. 139 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) H.1.a
Packet Pg. 140 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) H.1.a
Packet Pg. 141 Attachment: Agenda Item Hybrid Meeting April 11, 2023 and Minutes Excerpt (3241 : Discontinue Remote Public Comments (Zoombombing)) City Council
Staff Report
Agenda Item: H.2
Date: November 7, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Presentation of Pavement Condition Forecast Analysis Results of the Pavement Management Program
RECOMMENDATION:

Receive presentation on Overview of the Pavement Management Program and Forecast Analysis Results, and provide feedback to Staff BACKGROUND:

City Staff presented the Roads and Storm Drain update to the City Council at the May 9, 2023, City Council meeting (Attachment A). Staff had indicated that we would be preparing a high-level future forecast in regard to road needs given where we are in the overall successful effort to greatly enhance the City’s roads.

The City has invested bond proceeds and supplemental sales tax funding into its roads and storm drains, achieving significant improvements in the Pavement Condition Index (PCI). We are now in a maintenance phase where it is important to carefully program such pavement maintenance work in an effective and efficient manner to optimize limited available funding.

This success story was recently summarized in an on-line article which was published by League of California Cities, copy attached as Attachment B.

DISCUSSION:

City of Orinda’s current PCI of 84 is a testament to the efforts the City took towards addressing and improving the pavement condition of all the City’s public streets. This also placed the City competing for the second best PCI in the entire Bay Area.

As such it is now timely to take a look at the cost of maintaining the roads, factoring in new mandates like green infrastructure and the higher construction costs we are observing industry wide, and to compare that to the anticipated revenues which the City will have each year to invest in streets.

Staff’s presentation provides an overview of the City’s Pavement Management Program and a review of the future funding needs for pavement management. This updated presentation looks out nearly 20 years and is designed to provide a high-level overview of the longer-term funding needs. It launches off the May presentation and has been updated for a variety of factors, which staff will elaborate on in this update (Attachment C).

H.2
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NEXT STEPS:

Staff will share this information and feedback from the City Council to the SSTOC in their upcoming meeting.

FISCAL IMPACT:

None- this presentation is informational only.

ATTACHMENTS:

A. Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt B. A decade of work means good roads in Orinda _ Cal Cities C. PMP Program-City Council Presentation_11-2023
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Sivakumar Natarajan, City Engineer
Approved by:

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City Council
Staff Report
Agenda Item: H.1
Date: May 9, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Roads and Storm Drain Needs Update
RECOMMENDATION:

Receive PowerPoint presentation from Staff.

BACKGROUND:

The City has invested bond proceeds and supplemental sales tax funding into its roads and storm drains, achieving significant improvements in the PCI (pavement condition index). We are now in a maintenance phase where it is important to carefully program such pavement maintenance work in an effective and efficient manner to optimize limited available funding.

DISCUSSION:

The Metropolitan Transportation Commission, earlier this year, announced Pavement Condition Indexes (PCI) for all cities in the Bay Area which showed that Orinda is tied for second for the best PCI in the Bay Area at 84. This demonstrates the “promises made, promises kept” success of Measure L, the bond issues, and now Measure R which took the City’s PCI from the low 40’s when this effort was first launched.

With the pending completion of the 2022 Paving Project, the City will have addressed all public roads with a few exceptions (all which have an explanation or rationale). So roads in Orinda are now at a stabilized base, where regular and normal maintenance should extend their life for a considerable period.

As such it is now timely to take a look at the cost to maintain the roads, factoring in new mandates like green infrastructure, and the higher costs we are seeing, and compare that to the anticipated revenues which will have each year to invest in streets.

The attached Staff presentation provides information on the following topics:

1. Overview of Pavement Management Program

2. Review of recent biennial PTAP report (pavement management technical assistance program)

3. Review of future funding needs for pavement management

4. Review of Storm Drain Repair Plan
This initial forward look at road maintenance needs and storm drainage will inform the upcoming bi-annual update of the City’s Capital Improvement Program and will also set the stage for longer term planning and evaluation of options.

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H.2.a
Packet Pg. 144 Attachment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management NEXT STEPS:

The SSTOC had received a Road Update at their April meeting. Staff will provide additional information to the SSTOC at their May 10th meeting in a presentation entitled “Overview of Proposed Public Works Road and Drainage Project Funding by Measure R for Annual CIP Update.” At the June 6th City Council meeting, Staff will present the Draft CIP Update for review.

FISCAL IMPACT:

None- this presentation is informational only.

ATTACHMENTS:

A. Roads and Stormdrain Presentation
Respectfully Submitted by:

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

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H.2.a
Packet Pg. 145 Attachment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 1 CITY OF ORINDAROADS & STORM DRAIN NEEDS UPDATE
H.1.a
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 2 CITY OF ORINDA PAVEMENT MANAGEMENT
•Public roads are maintained through a
Pavement Management Program
•Computerized model using StreetSaver
program developed by MTC
•Used as a baseline for making decisions
regarding pavement rehabilitation, preventive maintenance and long-term planning H.1.a
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 3 WHAT IS A PAVEMENT MANAGEMENT PROGRAM?
Pavement Management Program (PMP) is a:
“Computer Assisted Method of Organizing and Analyzing Information about Pavement Conditions”
Organizes, Stores,
and Retrieves
Data
Makes Quick
Analysis and
Calculations
Provides Cost
Effective
Maintenance
Strategies
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 4 FEATURES OF PMP
• Inventory Tool• Condition Assessments• Determination of Needed Work and Funds
• Identify Candidate Projects• Impacts of Funding Alternatives• GIS Maps H.1.a
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 5 KEY BENEFITS OF PMP
• Justify and secure more funding• Visualize the impact of funding decisions• Efficient use of available resources• Secured database storage and backup H.1.a
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 6 WHY USE A PMP?
More Cost-Effective to Treat Before Steep Decline
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 7 PAVEMENT TREATMENTS
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 8 PAVEMENT TREATMENTS
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 9 CONDITION ASSESSMENT
• Rating Considerations:
o Distress Type: 8 common to the Bay Areao Distress Severity: Low/Medium/Higho Distress Quantity: Measurement • PCI of 100 = Brand New• PCI of 0 = Completely Failed• Arterials & Collectors: Every 2 years• Residentials: Every 4 years Alligator cracking
Block cracking
Distortions
Longitudinal and transverse cracking
Patching and utility cut patching
Rutting and depressions
Weathering
Raveling
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 10 ALIGATOR CRACKINGBLOCK CRACKING
Medium Low High
Low Medium High
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 11 DISTORTIONSLONGITUDINAL & TRANSVERSE CRACKING
Medium Low High
Low Medium High
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 12 PATCHINGRUTTING & DEPRESSIONS
Low Medium High
Medium Low High
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 13 RAVELLINGWEATHERING
Medium High
Low Medium High
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 14 VERY POOR / FAILED CONDITION (PCI=0-24)
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 15 POOR CONDITION (PCI=25-49)
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 16 GOOD CONDITION (PCI=50-65)
PCI=50 PCI=50
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 17 VERY GOOD CONDITION (PCI=70-89) PCI=70
PCI=83
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 18 EXCELLENT CONDITION (PCI=90-100)
H.1.a
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 19 ORINDA’S NETWORK INFORMATION
Functional
Classification
Centerline
Miles
Lane Miles Pavement
Area (sq ft)
Percent of
System
Average PCI
Arterial 10.99 25.71 2,340,347 18.37% 84
Collector 16.48 32.96 2,227,917 17.49% 80
Residential 63.71 127.50 7,874,103 61.80% 85
Urban Local 2.30 4.59 298,566 2.34% 84
Totals 93.48 190.76 12,740,933 100% 84
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 20 ORINDA’S NETWORK INFORMATION
Arterial
2,340,347 SF
18%
Collector
2,227,917 SF
18%
Residential
7,874,103 SF
62%
Urban Local
298,566 SF
2%
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 21 PCI

CATEGORIZED BY CONDITION
The analysis shows that 92.96% of the City's pavement are in Excellent to Good condition.

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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 22 BUDGET NEEDS CALCULATIONS
•Public roads are maintained through a
Pavement Management program
•Computerized model using StreetSaver
program developed by MTC
•Used as a baseline for making decisions
regarding pavement rehabilitation, preventive maintenance and long-term planning H.1.a
Packet Pg. 196
Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 23 Scenarios
A summary of each of the scenario projections are as follows:Scenario 1: System Needs/Unconstrained Budget ($8.3M for Year 1, Ave. $1.9M/Yr. for Years 2-5)Scenario 2: Increase PCI by 5 (Avg. $3.8M/Yr.)Scenario 3: Maintain current PCI of 84 (Avg. $1.9M/Yr.)Scenario 4: Impact of the current budget ($1.6M/Yr.)Scenario 5: Represents the impact to the PCI if Zero dollars are spent.

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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 24 BUDGET SCENARIO PROJECTIONS
Note: Budget amounts shown only include design and construction. Construction Engineering, Contingency, Stormwater (C.3) and Storm Drain Improvements are not included. Total project budget for Scenario (S4) is $2.3M/Yr.

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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 25 Scenario 2
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 26 Scenario 3
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 27 Scenario 4
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 28 Network Needs Next 5 years:
•$3.8 Million annually will increase PCI to 87
-Deferred maintenance decreases by 88% to 0.85 million
•$1.9 Million annually to maintain PCI of 84.
-Deferred maintenance increases by 27% to 10.7 million
•$1.6 Million annually ($2.3 Mil Total) will decrease PCI to 83 -Deferred Maintenance increase by 78.5% to $12.1 million -Approximate breakdown of current funding ($2.3 Mil/Yr) • Gas Tax (Fund #200) – $600,000• CCTA Return to Source (Fund #330) – $700,000• Road Maintenance Fee (Fund #335)- $1,000,000 H.1.a
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 29 Network Needs Next 15 years:
• $2.4 Million annually to maintain PCI of 84.
-Deferred maintenance increases to 26 million
• $1.6 Million annually will decrease PCI to 74
-Deferred Maintenance increases to $47 million
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 30 CITY OF ORINDAORINDA’S STORM DRAIN REPAIR PLAN
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 31 Background
• Public Storm Drain Repair Plan
• Address critical infrastructure which needs repair, • Avoid consequence of major storm drain pipe failures, such as the Miner Road Sinkhole (2017)
• 2016 Storm Drain Master Plan by Schaaf and Wheeler (S&W) • Focused on drainage and localized flood risks • Recommended actions to provide a minimum 10- year storm drain storm capacity. • Inspected pipes (limited to 36 inches dia.) for structural deficiencies.

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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 32 Background
• Geographic Information System (GIS)
• Staff utilized GIS to prepare an electronic inventory of public maintained storm drain pipes • Sorted by pipe size, material and location.
• Citizen Infrastructure Oversight Commission (CIOC)
• In 2019 staff, working with the CIOC, prepared a comprehensive Storm Drain Repair Plan for public maintained pipes.
• Drake Haglan & Associates (DHA) then prepared a prioritization scheme for the Storm Drain Repair Plan.

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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 33 Key factors
• Repair or replace corroded metallic pipes (CMP (corrugated metal pipe) or steel• Only included storm drain pipes within City right-of -way and within accepted easements. • Of the 1,470 public segments, 500 are estimated to need repairs at an estimated cost of $29,700,000.
• DHA prioritization model similar to other infrastructure such as bridges. • Scoring value from 1 to 5 based on size, roadway importance, work type, capacity upsizing.

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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 34 Key factors
• In 2020 CIOC recommended
• Pipes with score 3 and above (Category A) need repair or replacement in the next 3 to 5 years
• Pipes with scores less than 3 (Category B) need repair or replacement in the next 5 to 10 years.

Priority Category A Pipes that will need repair
or replacement in the next
3 to 5 years
$9,600,000
Priority Category B Pipes that will need repair
or replacement in the next
5 to 10 years
$20,100,000
Total $29,700,000
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 35 Current Projects (Category A)
Group 1 (CIP 4167 & CIP 3100) - Estimated Construction Cost: $600,000 • 190 Moraga Way – 72 LF of 72” X 110” pipe
• 97 Coral Drive – 89 LF of 72” pipe
• 217 Glorietta Blvd. 92 LF of 60’’
Group 2 (CIP 1301 & CIP 1302) - Estimated Construction Cost: $700,000 • 136 Moraga Way – 49 LF of 96” Pipe
• 124 Orchard Road – 75 LF of 60” Pipe• 232 Ivy Drive- 50 LF – of Double 42” X 72” Pipe• 41 El Camino Moraga – 94 LF of 96” Pipe H.1.a
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management 36 Thank You
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Attachment: Roads and Stormdrain Presentation (3112 : Pavement management) H.2.a
achment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management H.2.a
Packet Pg. 182 Attachment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management H.2.a
Packet Pg. 183 Attachment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management H.2.a
Packet Pg. 184 Attachment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management H.2.a
Packet Pg. 185 Attachment: Paving - Storm Drain Update Agenda Item - May 9 2023 w Minutes Excerpt (3238 : Discussion of the Pavement Management A decade of work means good roads
in Orinda
Oct 11, 2023
David Biggs is the city manager for Orinda. He can be reached at [email protected] (mailto:[email protected]) .

When it comes to voter issues, poor road
quality is usually second only to housing or
public safety. However, there often aren’t
enough resources to repair every road, especially in smaller communities. So how did Orinda — a city with under 20,000 people in Contra Costa County — transform what were some of the Bay Area’s worst roads into its best roads? A little over a decade ago, the city
had an average Pavement
Condition Index (PCI) of 48.

Municipalities use the index to
measure the severity and extent
of distress on a pavement
surface, like cracking and
potholes. PCI ratings can range
from 0 to 100. A lower rating
signifies more roadway damage and conditions, which will require reconstruction rather than preventive maintenance. Reconstruction is much more costly than prevention.

H.2.b
Packet Pg. 186 Attachment: A decade of work means good roads in Orinda _ Cal Cities (3238 : Discussion of the Pavement Management Program) Today, Orinda’s PCI is 84 — far higher than the Bay Area’s average PCI (https://mtc.ca.gov/operations/programs-projects/streets-roads-arterials/pavementcondition-index) of 67 and the second highest in the Bay Area. This is a tale of community engagement, building trust, and keeping promises. “It may seem trivial, but as a driver, you know how the road’s quality can greatly impact your driving experience and safety,” said Orinda resident and volunteer Bill Waterman. “No one wants to swerve around potholes and incur the additional costs of deteriorated streets. Plus, there is the basic civic pride in knowing the roads are back to high standards again.”
Measure L: Just the beginning
Orinda was founded more than a century ago and was incorporated in 1985 after Proposition 13 (1978). As such, it inherited a 92-mile road network that suffered from a lack of investment and was developed for a rural community instead of a thriving suburb.

Orinda’s improved roads are largely thanks to voters’ decision to pass Measure L in 2012. The measure passed with a two-thirds majority — 7,569 to 3,311 votes.

It wasn’t the first time the city had tried to pass such a measure, but it was the first time such a measure had passed.
“After testing the waters unsuccessfully previously about road funding measures, we turned to a group of community members with expertise in transportation and financing to develop a comprehensive road needs assessment and funding plan working with staff,” said Amy Worth, a former mayor and longtime council member. “That comprehensive plan was funded through successive measures presented and approved by the voters which built upon demonstrated success in improving street quality.”
Yet the 10-year funding source in the form of a half-cent sales tax override was just the beginning.

H.2.b
Packet Pg. 187 Attachment: A decade of work means good roads in Orinda _ Cal Cities (3238 : Discussion of the Pavement Management Program) Continued investments yield long-term payoffs
Having seen the value in Measure L, voters in 2014 and 2016 approved two more bond measures totaling $45 million. Each year, property owners pay an average of just under $600 per parcel towards this strategic investment. This funding — in tandem with Measure L revenues, taxes, fees, funds, and grants — allowed the city to dramatically improve its PCI over the past decade.

Since 2013, the city has spent an
average of $2.3 million per year
on street maintenance and
repair
(https://www.cityoforinda.org/160/Po
thole-Repair-PavementManagement) . But, even once
upgraded, streets deteriorate due
to normal wear and tear. With an
eye to the future, the city council placed Measure R on the ballot in 2022 as Measure L’s 2023 expiration approached.

Since the approval of Measure L, the Citizens Infrastructure Oversight Commission presented an annual report to the city council that details the conditions of Orinda’s roads, spending, completed work, and projects on the horizon. Working with the commission, the city council convinced voters to approve the new full-cent sales tax by nearly two-thirds, Measure R.

This general tax provides for both public street maintenance and storm drain repair, as well as funding, for emerging needs, including wildfire risk reduction and emergency preparedness. Given the measure’s broader focus, the Measure L oversight commission was replaced with the Supplemental Sales Tax Oversight Commission.

The 2022 Annual Pavement Program utilized the last of the bond proceeds and Measure L revenues, along with some Measure R monies. It marked all but a few H.2.b
Packet Pg. 188 Attachment: A decade of work means good roads in Orinda _ Cal Cities (3238 : Discussion of the Pavement Management Program) of Orinda’s public roads as completely rehabilitated, with the next few years calling for a more normal level of preventive maintenance.

Financing the future with local funding measures
Though the city has made great progress in repairing and improving infrastructure, there are further demands on the horizon. During a five-year, preventative maintenance period, Measure R funds will mostly go towards storm drain repairs — guided by a plan developed by the Citizens Oversight Commission — as well as wildfire prevention and emergency preparedness.

In early 2024, the city will re-evaluate options for addressing future roadway challenges, including those caused by recent weather and the state’s green infrastructure mandates, both of which will require more costly street work.

Funding for future street maintenance will come, in part, from Measure R.

However, city officials anticipate a funding shortfall in the long term due to higher costs.

Following a “fix it first” principle
and extending the life of the city’s
streets through strategic
preventive maintenance will allow
the city to avoid more costly
reconstruction and accumulated
deferred maintenance costs.

These endeavors will be guided through collaboration with city partners, county, state, and federal agencies, and most importantly, residents.

This transformation highlights the importance of strategic funding and planned repairs and serves as a possible road map for other cities struggling with similar infrastructure challenges. It also serves as a reminder that passing local funding measures is never easy. Attempts to raise that threshold (https://www.calcities.org/news/post/2023/08/09/an-existential-threat-to-cities-is-on-theH.2.b Packet Pg. 189 Attachment: A decade of work means good roads in Orinda _ Cal Cities (3238 : Discussion of the Pavement Management Program) 2024-ballot) will only make it harder for cities to maintain their current levels of service — much less expand it to meet increased demand and mandates.

Gaining support for those measures — and protecting the ability of residents to dictate how their taxes are spent — is always worth trying! The Cal Cities #LocalWorks initiative shines the spotlight on examples of local actions that are making a difference to their communities. Show how #LocalWorks in your community by emailing Managing Editor Brian Hendershot (mailto:[email protected]) with a short description of your story. Completed stories under 1,000 words are welcome, but publication is not guaranteed.
1400 K Street, Suite 400
Sacramento, CA 95814
P: (916) 658-8200
F: (916) 658-8240
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Packet Pg. 190 Attachment: A decade of work means good roads in Orinda _ Cal Cities (3238 : Discussion of the Pavement Management Program) 1 CITY OF ORINDAPAVEMENT MANAGEMENT
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 2 2 Pavement Management Program
MTC’s Pavement
Management
Technical
Assistance
Program (P-TAP)
Pavement
Management
Software
“StreetSaver”
Field Conditions
Assessment by
Engineering Staff
and other City
Priorities
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 3 What is “StreetSaver” Program?
Computer Assisted Pavement Management Program for Organizing and Analyzing Information about Pavement Conditions
3 H.2.c
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 4 StreetSaver Capabilitites
4 Organizes, Stores, and Retrieves DataPerforms In-depth Analysis and CalculationsProvides Cost Effective Maintenance Strategies H.2.c
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 5 StreetSaver Key Benefits
5 Inventory ToolCondition AssessmentsDetermination of Needed Work and FundsIdentify Candidate ProjectsDetermination of Impacts of Funding AlternativesGIS Maps H.2.c
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 6 StreetSaver Key Benefits
6 Federal and State Funding Impact of Funding Decisions Efficient use of Resources Secured Data Storage
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 7 Orinda’s Network by Functional Classification
7 7
Arterials
2,340,347
18%
Collectors
2,227,917
18%
Residentials
7,874,103
62%
Urban Locals
298,566
2%
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 8 8 Pavement Life Cycle
$10 - $25 /Sq.Yd.
$25 - $90 /Sq.Yd.
$90 - $250 /Sq.Yd.

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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 9 9 How does a PMP help?
Pavement Age (Years)
EXCELLENT(100)GOOD(85)FAIR(70)POOR(50)VERY POOR(25)FAILED 4 8 20 12 16
40% DROP
IN

QUALITY
75% OF

PAVEMENT
LIFE
40% DROP
IN

QUALITY
12%

OF LIFE
Rehabilitation Treatment($5x-8x /SQ.YD.)
RECONSTRUCTION ($20-30x/SQ.YD.)
PAVEMENT CONDITION (Approx. PCI) RECOMMENDED TREATMENT
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 10 Maintenance Treatments 10
gy
y g y
Condition PCI Range Typical Maintenance Treatment
Excellent 90-100
x Do Nothing.

Very Good 70-89
x Crack Seal+Slurry Seal
Good 50-69
x Crack Seal+Slurry Seal
x Crack Seal+Base Repair+Slurry Seal
x Cape seal
x Base Repair+Cape Seal
Poor 25-49
x AC Overlay
x Resurface (PCC)
x Base Repair+ Cape Seal
Very Poor 0-24
x Reconstruct
x Base Repair+ Overlay
x Overlay
x Reconstruct (PCC)
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 11 11 Orinda’s Road Network

92.96% of the City's pavement are in Excellent to Good condition.

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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 12 12 Orinda’s Road Network
Functional
Classification
Centerline
Miles
Lane Miles Pavement
Area (sq ft)
Percent of
System
Average PCI
Arterial 10.99 25.71 2,340,347 18.37% 84
Collector 16.48 32.96 2,227,917 17.49% 80
Residential 63.71 127.50 7,874,103 61.80% 85
Urban Local 2.30 4.59 298,566 2.34% 84
Totals 93.48 190.76 12,740,933 100% 84
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 13 Excellent Condition (PCI=90-100)
13 H.2.c
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 14 Very Good Condition (PCI=70-89)
14 PCI=83
PCI=70
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 15 Good Condition (PCI=50-69)
15 PCI=50
PCI=50
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 16 Poor Condition (PCI=25-49) PCI=30
16 H.2.c
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 17 Very Poor /Failed Condition(PCI=0-24)
17 PCI=10
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 18 BUDGET NEEDS PROJECTION
18 H.2.c
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 19 Budget Needs – Next 18 Years
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 20 Revenue Projections
2 Note: Some years hidden for clarity
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 21 Paving Budget
Note: Some years hidden for clarity
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 22 Budget Scenario 1 (Paving Budget Only)
Note: 5% Inflation; 30% Funds allocated to SD and GI
Scenario 1
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 23 Budget Scenario 2 (Paving Budget + Measure R $1.2Mil/Yr) Note: 5% Inflation; 30% Funds allocated to SD and GI
Scenario 2
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 24 Budget Scenario 3 (Paving Budget + Measure R $2.5Mil/Yr) Note: 5% Inflation; 30% Funds allocated to SD and GI
Scenario 3
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 25 Budget Scenarios 1, 2 & 3 Comparison
Note: 5% Inflation; 30% Funds allocated to SD and GI
Scenario 1 Scenario 2 Scenario 3
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 26 Budget Scenarios 1, 2 & 3 Comparison
Scenario 1 Scenario 2 Scenario 3
PCI 70 77 84
Deferred Maintenance ($ Millions) $67.5 $38.3 $18.1
Average Budget per Yr ($ Millions) $1.8 $2.8 $3.6
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 27 Summary
To maintain the public road network for the next 18 years at its current PCI of 84, it is estimated that the City will need to spend an average of $3.6 million annually. Maintaining the current funding level of $1.8 million annually, will result in a PCI decrease of 14 points to a PCI of 70. Additionally, at this funding level the Deferred Maintenance cost will increase to $67.5 million, 372% compared to $18.1 million.

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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement 28 THANK YOU
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Attachment: PMP Program-City Council Presentation_11-2023 (3238 : Discussion of the Pavement

Orinda City CouncilNovember 7, 2023

Orinda City Council
November 7, 2023