Agenda packet, regular meeting — Orinda City Council, December 19, 2023

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING

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

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

CITY COUNCIL
AGENDA
Tuesday, December 19, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 12.19.23
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.
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 12.19.23
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. Mayor's Award of Excellence to the Orinda Planning Department for "Plan Orinda"
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. December 5, 2023 Closed Session

2. December 5, 2023 Regular Meeting
F.2. Proposed Adjustment to the Master Fee Schedule (Transportation Impact Fees) Effective January 1, 2024
Recommendation:

Adopt Resolution No. 69-23 modifying the master fee schedule to incorporate the annual automatic increase to Transportation Impact Fee.

F.3. Adoption of Resolution for Approvals Associated with the Parcel Map for 88 Sunnyside Lane (MS 2015-001)
Recommendation:

City Council
Agenda Page 3 12.19.23
Staff recommends adoption of Resolution No. 68-23 which includes approval of: (1) the Parcel Map for 88 Sunnyside Lane (MS 2015-001); (2) the Subdivision Improvement Agreement with Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014; (3) the Stormwater Operations and Maintenance Agreement and Right of Entry; (4) Approving Annexation of the 88 Sunnyside Lane (Subdivision MS 2015-001) into the Orinda GHAD; (5) acceptance of Grant Open-Space Easement Deed; and (6) finding these actions will not have a significant impact on the environment as defined by the California Environmental Quality Act (CEQA) because they are consistent with the Revised Initial Study/Mitigated Negative Declaration (IS/MND) for the project.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Consider Adoption of Resolution No. 67-23 Approving and Authorizing the Mayor to Execute the Third Amendment to Employment Agreement between the City of Orinda and David Biggs, City Manager
Recommendation:

Consider Adoption of Resolution No. 67-23 approving and authorizing the Mayor to execute the Third Amendment to Employment Agreement between City of Orinda and David Biggs
H.2. Selection of Mayor for a Term Beginning December 2023 through December 2024
H.3. Selection of Vice Mayor for a Term Beginning December 2023 through December 2024
H.4. Swearing-in - Oath of Office to new Mayor and Vice Mayor H.5. Acknowledge Service to the Community of Outgoing Mayor Inga Miller
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT (Refreshments in Lobby after Meeting)
The next meeting of the Orinda City Council will be held on Tuesday, January 09, 2024 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 City Council
Agenda Page 4 12.19.23
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.

AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. December 5, 2023 Closed Session

2. December 5, 2023 Regular Meeting
ATTACHMENTS:

A. City Council Closed Session Minutes of December 5, 2023 B. City Council Minutes of December 5, 2023
Respectfully Submitted by:

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

F.1
Packet Pg. 5
December 5, 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
A. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Manager David Biggs
B. CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Attorney Osa Wolff
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
F.1.a
Packet Pg. 6
Attachment: City Council Closed Session Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 1 of 18 12.05.23
DECEMBER 5, 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 Eagle Scout Troop 237.

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

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of Sister City Tabor Visiting Student, Eliscka Tumova Former Mayor Bobbi Landers, host of Eliscka Tumova, said Ms. Tumova is a wonderful student and the Sister City Tabor Program brings a world of internationalism to Orinda.

They are looking for Orinda families to enjoy an experience of a lifetime and she asked families to step up and contact her because their next year student is being chosen as they speak. Information will also be posted on their website, and she introduced Eliscka Tumova, visiting student who is attending Miramonte High School.

Eliscka Tumova said she is visiting from Tabor in the Czech Republic this year. She thanked the Council for giving her the opportunity to spend half the year here which is a dream come true to be able to spend time in the United States. She is spending her time in school and visiting every place she can and is part of the Miramonte Cheer Team. The football team won the division playoff in Division 5 and now they are preparing for their cheer competition which will be on December 16th. She described being chosen out of 5 top students which she is happy for. She thanked Ms. Landers for hosting her and said she is showing her everything.

F.1.b
Packet Pg. 7
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 2 of 18 12.05.23
Mayor and Councilmembers thanked Ms. Tumova for being here, recognized her for getting straight A’s, and Vice Mayor Gee said she is excited to be planning to travel to Tabor in 2024.

D.2. Introduction of New Businesses in Orinda - The Fish Barn, Serika, Garden Nest
Darren Hughes, Assistant Planner, introduced new businesses in town, and said Serika owners are not able to be here tonight because they are at the restaurant. The restaurant is in Theater Square, and was purchased in August by new owners, with a new menu, and he said they have a lot of experience in sushi. He then introduced A.J. Glassman from The Fish Barn. He has an undergraduate degree in planning, a background in economic development in Lafayette, and is knowledgeable about many things. He has set up a fish tank based on recommendations from him in the Planning Department.

A.J. Glassman, The Fish Barn, said they are located in the Village at 19 Orinda Way, specialize in fresh water community and planted aquariums, and he started the business 6 months ago because he was frustrated in having to drive far away to buy fish and accessories, and he decided to open a shop here.

Mayor Miller and Councilmembers thanked Mr. Glassman for opening his shop and spoke about how thrilled they are to have him here.

Mr. Hughes then introduced Jeannie Fitch and Kelli Schley from the Garden Nest Residential Landscape who opened on October 7th and are located at 105 Orinda Way in the Country Club Plaza. Their shop is beautiful, they have held events, participated in the holiday market held at 31 Orinda Way this weekend, and have been excellent partners with everyone at that end of town.

Jeannie Fitch said she is a landscape contractor and runs the shop. It has been a longtime dream to have a flower shop. Her daughter, Regan Fitch who could not make it tonight, is one of the buyers, along with Kelli Schley and the space is large and things fell into place. There is a lot of creative energy in putting together the shop which is in an old building, former Penny Lane Hair Salon.

She thanked the Council for inviting them tonight, said they are trying to do more community building, had an event a couple of weeks ago, are doing some pop-ups and will be doing an event on the 16th which involves caroling and fun.

Mayor Miller and Councilmembers welcomed new business owners and wished them much success.

E. PUBLIC FORUM
City Clerk Smith referred to the letter from Richard Rogan where Susan Anican was going to speak on the matter, but perhaps her issues were addressed by staff.

F.1.b
Packet Pg. 8
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 3 of 18 12.05.23
Elizabeth Boyle requested a future Council agenda item to discuss “no parking” signage for Red Flag Days for Sundown Terrace and Dalewood Drive.

Michael Beller, Orinda Librarian, provided a brief report on the state of the Library, said they are at a 10% increase in circulation which is substantial and fantastic. Their digital items are also doing quite well. The bad news is they lost one of their Library assistants so their fledgling bilingual story time is on hiatus. They are hoping to fill the vacancy and continue with the program, but if not, they will try to get another story time on Tuesdays because Wednesdays are too crowded. They have over 100 kids each time and they issue tickets. In addition, he asked to keep in mind they still have free COVID tests available at the Library Information Desk. The most popular book on their shelves is Emily Henry’s, The Happy Place.

F. CONSENT CALENDAR
Mayor Miller asked if any Councilmember wished to remove an item. Councilmember Iverson requested removal of Item F.2 and initially asked to schedule a Matters Initiated item at the next meeting about the no parking on Red Flag Days on Dalewood Drive, but revoked her request and will bring it up later in the meeting.

Mayor Miller asked for clarification on what can be discussed on Item F.2. City Attorney Osa Wolff said she reads the scope as being limited to Miner Road, and she is hearing that the Matters Initiated is broader than that; to look at the no parking sign program on Red Flag Days more generally, including Dalewood.

Mayor Miller said Nick Waranoff brought up the fact that if you hit the halfway point around Sycamore when driving between Lombardi on Miner Road and Honeyhill, that part is excluded from the signs. The basis for that was because it is not considered an evacuation route. Miner Road there changes its name briefly for a small segment.

Logically, she would think the prior Council had intended to include it even if not formally.

Councilmember Iverson said this would relate to the Matters Initiated because it is picking up some of these unintended things that happened; however, she would like Item F.2 removed.

Councilmember Iverson said she had a minor comment to the minutes, which she gave to the City Clerk.

Vice Mayor Gee requested removal of Item F.3.

City Manager Biggs said in anticipation of the Matters Initiated, it would make sense to defer Item F.2 to when they have a more general discussion. The signs have been installed on Miner Road, and it is a minor correction. If the Council would like to add or subtract any other streets, they must modify a Traffic Order. He suggested taking Item F.2 off the Consent Calendar for now and he recommended bringing it back with the Matter Initiated item. City Attorney Wolff said the item should be removed if a member of the public would like to provide comments on it.

F.1.b
Packet Pg. 9
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 4 of 18 12.05.23
F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. November 7, 2023 Closed Session

2. November 7, 2023 Regular Meeting
F.4. Exercise the Four 1 (one) Year Lease Extensions Available to the City for Santa Maria Parking Lot
Recommendation:

Authorize the City Manager to Exercise the Available Lease Extensions for 2024 and for each year thereafter until 2028.

F.5. Approval of 2024 Lease between the East Bay Municipal Utility District and the City of Orinda for Use of Property for the Orinda Sports Fields.

Recommendation:

Authorize the City Manager to execute the 2024 “Ballfields Lease” with the East Bay Municipal Utility District.

F.6. Award Landscape Maintenance Services Contract to MCE Corporation.

Recommendation:

Authorize the City Manager to enter into a 3-year general services contract with MCE Corporation for the provision of landscape maintenance services for City facilities in the amount of $411,000 for the initial year, with each subsequent year's cost adjusted by the consumer price index (CPI), and with options for two 2-year extensions, subject to approval by the City Attorney as to form.

MOTION by Vice Mayor Gee, and seconded by Councilmember Malkani, to approve Consent Calendar Items F.1.1, F.1.2, F.4, F.5 and F.6. Said motion carried by unanimous (5-0) roll call vote.

Items Removed from the Consent Calendar:

F.2. Approve Traffic Order to include Miner Rd. as part of Red Flag Days program.

Recommendation:

Staff recommends that City Council approve Resolution 65-23 and Traffic Order No. 225 to restrict stopping and parking during Red Flag Warning Days along a portion of evacuation routes within Very High Fire Hazard Severity Zones in Orinda, consisting of Miner Rd., from Camino Pablo to Ranch Rd.

Mayor Miller opened the Public Forum, and there were no speakers. City Clerk Smith noted staff received a written communication on the item.

F.1.b
Packet Pg. 10
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 5 of 18 12.05.23
MOTION by Councilmember Riley, and seconded by Councilmember Malkani, to continue the item to a future meeting. Said motion carried by unanimous (5-0) roll call vote.

F.3. Approve a Grant Application for Glorietta Boulevard Pathway – Phase 2 to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-2025 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle funding.

Recommendation:

Staff recommends that the City Council approve a Transportation Development Act grant application for the Glorietta Boulevard Pathway - Phase 2, from Overhill Road to Orinda City Limits, find the project categorically exempt with respect to CEQA and direct a Notice of Exemption be filed with the County Clerk, by adopting Resolution No. 64-23, in a format specified by the grant requirements.

Vice Mayor Gee said she shared how thrilled she is to see this item and is hoping the City is able to do it. This is her neighborhood and the first phase has been wildly popular.

In a community where they have few designated sidewalks, this kind of improvement is so helpful because it is becoming a sidewalk. She received comments on “why aren’t you going further? Keep going, keep going!” She is hopeful they will get some funding for this and find a way to get this done. This location and others where they are doing this are major safety improvements.

MOTION by Vice Mayor Gee, and seconded by Councilmember Malkani, to approve Item F.3. Said motion carried by unanimous (5-0) roll call vote.

K. MATTERS INITIATED
Councilmember Iverson asked for a Matters Initiated to revisit the programmatic implementation of the no parking on Red Flag Days both as already done in the very high fire severity zones, including the Miner Road issue under Item F.2 and the concerns of the neighbors on Dalewood Drive, Sundown Terrace, and the future planning for additional phases such as Lombardi Lane and other roads that might be unsafe for evacuation for examination.

Councilmember Malkani said this is a learning process, and she thinks it makes sense to revisit the criteria to determine whether it makes sense. She drove on Dalewood and she feels it is time to not worry about what has been done, but move forward and worry about other areas needing to be revisited.

MOTION by Councilmember Iverson, and seconded by Councilmember Malkani, to approve the Matters Initiated. Said motion carried by unanimous (5-0) roll call vote.

G. PUBLIC HEARING – None
H. POLICY MATTERS
F.1.b
Packet Pg. 11
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 6 of 18 12.05.23
H.1. Approve Traffic Calming Improvements (Speed Cushions) along Dalewood Drive and Related Actions
Recommendation:

Staff recommends that the City Council 1) Approve Traffic Calming Improvements (Speed Cushions) along Dalewood Drive; 2) Approve resubmittal of the Plan Review Application for Traffic Calming Measure Permit Checklist and supporting documents to the Moraga Orinda Fire District (MOFD) for approval; and 3) Authorize City Staff to submit an appeal to the MOFD Board of Directors in the event that MOFD staff rejects the Traffic Calming Measure Permit application.

City Manager Biggs introduced the item.

Ryan O’Kane, Senior Engineer, gave the staff report and overview of traffic calming improvements along Dalewood Drive. TSAC and staff recommend approval of the speed cushions which approve a new submittal to send to MOFD for comment and also authorize City staff to submit an appeal to the MOFD Board of Directors if, in the event, speed cushions are not approved.

He described the rubber type speed cushions, noted fire engines have a wide wheel base that can span over the top of the speed cushion without wheels rolling over the top, but other emergency vehicles like ambulance and police vehicles would have to slow down to traverse the cushion. Prior studies have shown there is only a slight delay of 1+ second in response time. There are 6 locations with speed cushions in Orinda, and the last one installed was on Sundown Terrace in 2018.

He presented and described the approved plan showing the 3 locations of proposed speed cushions and background on when the request from TSAC was presented, the first and second neighborhood meetings held, comments received where 80% of the neighbors voiced support, and TSAC unanimously recommended installation of the proposed speed cushions to move forward for City Council approval. At that time, when it was presented to MOFD, they did not recommend installing the speed cushions due to an increase in response time. They re-evaluated and provided a more formal submitted and addressed items in the NTMP which are meeting the 85th percentile that meets traffic volumes, slope, and curvature of the roadway. It was resubmitted for MOFD reviewed and stated the request for a permit to obstruct the fire apparatus and access road was not approved. It did not meet the speed threshold, there was no enough documentation addressing issues through education and enforcement, and also response times exceeded the benchmark for the local EMS agency mandates.

F.1.b
Packet Pg. 12
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 7 of 18 12.05.23
Staff returned and provided more information via email and again, MOFD felt there was not enough enforcement shown. They held another meeting with City and MOFD staff and ultimately, they did not support the speed cushions. This is the third submittal and there is a more formal process now. MOFD has created an application for Level 3 traffic calming improvements, and with this submittal in the package, staff prepared the application, completed the checklist, provided additional recent data, and presented it to TSAC at their last meeting where they unanimously recommended forwarding the proposal to the City Council.

If the Council approves this tonight, staff will re-submit the application to MOFD. If approved, staff would purchase the speed cushions, install them within a couple of months, and if rejected then they are also asking the Council to allow staff to appeal to the MOFD Board of Directors within 10 days.

Councilmember Riley referred to the 85th percentile test and said she can see 33 mph being clocked on the main part of the thoroughfare, but cannot imagine it is 33 mph on the other stretch next to Red Coach Lane. Mr. O’Kane said yes, they did get it on both legs and both were above the 85th percentile.

Vice Mayor Gee asked if staff has any idea what the daily traffic is in the area, and Mr.

O’Kane said it is almost 1,300 vehicles. He also has additional data and believes there is a lot of traffic that comes from Lafayette and through that area.

Councilmember Iverson said in the file history, it seemed like both stop signs and staggered speed bumps had been previously approved and the affected neighbors are strongly inclined to have non-staggered speed bumps. She asked staff to provide more information about that choice set and whether MOFD has affirmatively said they would approve one of those measures or whether staff just does not know.

Mr. O’Kane said they did conduct a stop sign traffic warrant study and it did not warrant stop signs there.

Public Works Director Scott Christie said if the City staggered them at 20 feet or more, which is the number MOFD arrived at, MOFD would approve them. However, staff’s feeling is that would defeat the whole purpose and could create unwanted traffic safety issues so they did not pursue that route.

Mayor Miller asked if Attachment C is the new application and asked if staff talked with MOFD about how they feel at this point. Mr. Christie said MOFD has not wavered in their approach. The response time they statistically have shown was a few years back and the problem was that certain areas would not be considered for speed humps because they are already over the EMS limit that has been established, even if it is a few seconds over. Staff can see if there is new data showing improved response times in that area, but assuming it is about the same, they may take that same stance.

Councilmember Riley asked and confirmed Sundown Terrace has speed cushions.

F.1.b
Packet Pg. 13
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 8 of 18 12.05.23
City Manager Biggs referred to the map and noted anything beyond a certain point would not be considered for speed cushions or any delay due to response times.

Councilmember Iverson said she has broader questions about the implications for speed cushions and generally how the City works with MOFD and would like to hear about what was learned from the process and have the ability to have staff interact before closing the public portion.

Mayor Miller opened the Public Forum.

Brandon Haydo, Chair of TSAC, thanked the Council for considering this issue and TSAC’s, staff’s and the Dalewood community’s recommendation to approve the speed cushions. They have been speeding as a problem in Orinda and more residents are requesting speed cushions. They have a queue of these coming up and he thinks everybody wants peaceful streets where people can walk their pets and kids can play in their yards. Often, people cut through streets such as Dalewood and are speeding through. It is unpleasant and unsafe. He cited that one-third of traffic fatalities across the U.S. are caused by speeding, so this is a clear issue and it is not just on freeways, spoke about statistics on Dalewood, traffic issues in the Lamorinda area, traffic fatalities, and asked to send this to MOFD and approve this. If not, they will return to determine a solution to slow traffic.

Nancy Rasmadic, 444 Dalewood Drive, said she lives near one of the proposed speed cushions. She got involved with this issue because 2 years ago 2 people standing in front of her house were hit by a speeding car and speed cushions would have prevented this. They do not want a tragedy, want to be proactive in the neighborhood, said they have had dogs killed on their street and many kids walk along the street and near the park, and traffic has gotten worse. There is no police enforcement and she asked the Council to make their neighborhood safer on a daily basis by installing the speed cushions they need.

Chris Anderson thanked the couple of Councilmembers who have driven their neighborhood, said Councilmember Riley is in their neighborhood, said he proposed in 2011 a stop sign at Lombardi and Dalewood which was rejected by the Board because of the traffic count. Another Board member joined the Board later with small children and again asked for a stop sign which was again rejected. They do not have a lot of traffic but do have many speeders. They began this process in April 2019, had a vote in 2021 to approve it, and they have been waiting several years. They appreciate the Council’s help and hoped for no serious accidents or fatalities.

Mayor Miller closed the Public Forum and returned for Council deliberation.

F.1.b
Packet Pg. 14
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 9 of 18 12.05.23
Councilmember Iverson said she thinks the Dalewood speed cushion issue is a ‘no brainer’. This group has been attending TSAC meetings for years, have done everything asked of them, and she supports the matter. She wanted to talk with Public Works because she sat in on a TSAC meeting and it was so challenging to think about how this interplay between the TSAC who recommends to the Council, the Council take action on traffic safety matters that affect neighborhoods, and separately, any matter must be accepted by MOFD who mandate is emergency and fire safety.

When she read the MOFD pushback on this, there were many technical reasons and she feels staff did a good job in the application of addressing what they said were the concerns. Now, they will go to the MOFD Appeals Board and many questions related to the appeal process itself which is with the Board of MOFD or the same mandate. She wanted a dialogue about whether staff thinks this is an intractable problem.

City Manager Biggs said these issues were voiced by previous City Council and it is something the City can control or opine on. The key thing is to get the matter before the Fire Board as they are mandated by state law but also share constituency with the Council. Residents elect and are represented by the Fire Board members so they are the only ones that can influence MOFD’s approach to this. Staff has tried to make the best case, follow the criteria, and if MOFD will not approve speed cushions in certain areas then the City should know that so neighbors do not go through the entire process and then get turned down.

Vice Mayor Gee shared that it is always within the City’s power to install a stop sign even if it does not meet the warrants of the traffic manual. This was done at the Rheem and Zander intersection several years ago over a sight distance issue and there have been no problems with that.

Mayor Miller re-opened the Public Forum.

Elizabeth Boyle said there are about 10-12 areas in Orinda where residents want speed cushions and not stop signs. It is up to the Council to make a decision, said they have been working on this for 4-5 years, said Lafayette had a couple of fatalities in the last couple of years and started immediately putting in speed cushions in many locations.

They are good speed bumps where people really have to slow down and Orinda has just fought about this for a long time.

Councilmember Iverson said if you engage in MOFD early in the process she asked if they can get to a workable process moving forward. Mr. Christie said MOFD has been approached on that subject. If new applications come in and staff discuss it with them in advance, he agrees it would serve the City better to do that so if it was already in an area not impacted by response times, they would be agreeable to it.

Mayor Miller said this has been 5 years and quite a lot longer MOFD has been working on their issue with response times. She thought they were solving it by posting ambulances that were going to be closer for response times. Mr. Christie said he was not aware of that discussion but it seems like a good question to ask.

F.1.b
Packet Pg. 15
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 10 of 18 12.05.23
Vice Mayor Gee voiced appreciation of the feedback and comments, but she would like to clarify, having been on the Council the entire time the neighborhood has been trying to do this. She thinks the City is highly supportive of speed cushions, but unfortunately the City of Lafayette has a different fire district than Orinda so that is the crux of the problem. She wanted to say as a point of perception from her viewpoint is that they have been very supportive of this all along and tonight. She only brought up stop signs to find a solution if MOFD remains uncooperative.

Councilmember Riley echoed this interpretation. As an alternative strategy, she asked if in the appeal process there is a chance for negotiation where the neighborhood is willing to install fewer speed bumps with a combination with a stop sign.

City Attorney Osa Wolff said typically when you appeal something that is what is before the hearing body; the application submitted. They may receive feedback from the Fire Chief or Board to come back with fewer, but she did not think they would negotiate with the City on this during the appeal. While they assume the Appeals Board will deny this, but staff does not know and she described the process.

Elizabeth Boyle said MOFD proposed a 20 foot offset to stagger and she called the City of Lafayette and talked with the engineer who had their speed bumps installed and he said, no, those do not work, they are dangerous, and they should not be put in. They want the ones they have on Sundown Terrace which were put in a year or two before they started their application which is getting cars coming from each direction. So, she said it is a hard decision, but something must be done on their street.

Mayor Miller closed the Public Forum.

Vice Mayor Gee said if MOFD does not want to approve the request and if the Fire Board also does not approve it, she asked if the City has any recourse at all.

City Attorney Wolff said as described in the Fire Code, while she is not recommending this, there are always the courts if the Council finds their decision lacks a rational basis.

Councilmember Iverson made a motion to approve the speed cushions. Councilmember Malkani seconded the motion and said she thinks the entire Council supports this, stating they are trying to balance multiple interests, with public safety as one of them. They do not want accidents and in terms of weighing this, she thinks the Council and as residents outside the Council, they can be advocates of the neighborhood wanting this as an importance issue and request. They once talked about having a joint meeting with the MOFD Board and she suggested doing this in the future and not part of this action.

Vice Mayor Gee reminded the neighborhood that the MOFD Board are elected officials and one lives in the neighborhood. She thinks they need to hear the neighbors’ voices loud and clear.

Mayor Miller echoed these sentiments.

F.1.b
Packet Pg. 16
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 11 of 18 12.05.23
MOTION by Councilmember Iverson, and seconded by Vice Mayor Gee, to 1) Approve Traffic Calming Improvements (Speed Cushions) along Dalewood Drive; 2) Approve resubmittal of the Plan Review Application for Traffic Calming Measure Permit Checklist and supporting documents to the Moraga Orinda Fire District (MOFD) for approval; and 3) Authorize City Staff to submit an appeal to the MOFD Board of Directors in the event that MOFD staff rejects the Traffic Calming Measure Permit application. Said motion carried by unanimous (5-0) roll call vote.

H.2. 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 City Manager Biggs stated this item was on a previous agenda and with a 2-2 vote, no action was taken. He said because of Zoom bombing incidents, staff recommended suspending public comments via Zoom and they would revisit it in March. One question that came up was costs and he said there have been added costs to continue to implement and use a hybrid meeting, but there are no costs or savings associated with this particular element. Staff’s recommendation is to suspend this temporarily and for Council to ratify this decision.

Mayor Miller said in reflecting on this at the last meeting, it was enjoyable to have no interruptions on the internet or stopping the meeting for some technological challenge.

She did not think the Council experienced the type of turnout for public comments via Zoom they thought they got the turnout that warranted the disruption of meetings with hate speech.

Vice Mayor Gee added that the usage was an experiment. It is not required, and the usage has been incredibly non-existent and at this point one of the things she is most worried about is that people doing this are smart and they pay a lot of attention, and because there are more cities closing down this avenue, the probability of Orinda being a victim of it is only rising if they continue to leave it open. This is her reason feeling they should not allow for it. It is not taking anything away from the community given the divisiveness it creates.

Councilmember Riley said the Council had a long discussions about it, thinks it is a hard decision, but they did get 7 public comments at that last meeting asking the Council to retain the hybrid public comment option available to people. While they admittedly did not get many in the timeframe provided and while Zoom bombs are disgusting and disruptive, she wants to encourage more public comment. Therefore, she was opposed to ratifying this right now.

F.1.b
Packet Pg. 17
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 12 of 18 12.05.23
Councilmember Riley said she can see both sides to this and has thought about it and thinks about those 38 years pre-pandemic when people had to come to meetings inperson or submit emails, etc. She thinks during that time, teleconferencing was available and the Council did not take advantage of it and did just fine. As awful as this could be, the data in Orinda is there has been no occurrence of Zoom bombing and she would vote to not allow ratification. She would rather support remote public comments. If they are targeted, however, she could likely not support this.

Vice Mayor Gee said she did not believe it would happen and she would totally disagree.

Mayor Miller spoke about her high school days where she came into contact with people through the school they thought they were safe with, and she met the Hell’s Angel’s Motorcycle club which has presence in the City. The type of hate that group engenders and others with the same hate is, she heard things that she will never not hear, and she had to be brave to keep people safe from. Having the Boy Scouts or any children watching the Council meetings, they would not be safe walking in this room, and she asked all Councilmembers to consider that. This has been a place where the Council invites the Boy Scouts to talk and others, and she was not sure Councilmembers understand the risks.

Councilmember Riley noted the Boy Scouts would not be in the same room as the callers, and Mayor Miller asked staff if there has been any information and whether this is a concern or not.

City Manager Biggs said they do not assume those people speaking via Zoom are bombing. Early on, there were graphic scenes in backgrounds and comments, so many cities quickly moved away from not having speakers appearing in person because of those types of issues. He watched the Pleasant Hill Council meeting, said he recognizes the issue, thinks staff could stop the speaker quickly, but with a youth mayor attending next to the Mayor during this, even if they are interrupted in the 30 or 45 seconds it takes to do that, there were horrific things said before staff could queue the audience to turn off their microphone and turn off the speaker’s microphone. They have talked with professional colleagues, and unfortunately there people who abuse the system, which he described.

Vice Mayor Gee said she realizes her colleagues disagrees with her, but she does not think this is a hard decision. She is quite surprise because the City has been perfectly well run for 30+ years before this ever existed and she would probably feel a bit differently if they had been getting Zoom bombs on any regular basis, etc. She thinks it is good to remember that this is being recommended to the Council by their highest level staff who has experienced it more than the Council has directly. These people are not just watching TV at night, but figuring out their next target. If they want to leave themselves open as a target, they will be a target which she finds disgraceful when they have no reason why they must do it. She feels even more stronger than she did at the last meeting the Council discussed it.

F.1.b
Packet Pg. 18
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 13 of 18 12.05.23
Councilmember Iverson said she did not know where she was going to come out on the issue and in listening to the other 4 Councilmembers she has a different perspective, which is that words cannot hurt them. The idea that they cannot be unsaid, the harm is done, etc., they are just words and democracy and political arenas are the most sacred implementation of the First Amendment.

She agrees with Mayor Miller and Vice Mayor Gee that the quality of meetings they have is better without Zoom. She does not like the way Zoom promotes more non-local participation, thinks he quality of meetings tonight was great, and wishes this was on their agenda to not have Zoom participation because it was an experiment and the Council is revisiting it to see how the experiment is working—not because they are afraid someone will say hurtful words. Regarding whether she wants to give bad people a microphone and a change to broadcast, no. It empowers them, but it also empowers them to stop their own meeting. She thinks it is fine if people can view the meetings, and if they want to participate, they can attend.

Vice Mayor Gee said she is completely willing to sit at the dais and have any resident come and say anything they want to her. This is not what these people are. They may be in another country for all we know, which she does not understand. She was not sure why they would be inviting hate speech into their community that is not from their community. She thinks she does not think anybody can just say anything they want. It is not right for anyone to be able to do anything they want, and she finds it reprehensible to think the Council wants to see themselves up for this when they have no obligation to do so. This is not freedom of speech but freedom of keeping hate speech out of their community.

Mayor Miller agreed with Vice Mayor Gee, and thinks they should explore all elements of this before a vote is taken. She likened the Zoom bombings to the radio being used by Adolf Hitler, and this was what generated the genocide. There is fear, hate, threats, and all kinds of groups that may be attacked based on a variety of reasons. The Council may be able to handle it if it is in this room, but in hearing stories from people, it was impactful and very hard, but there was a way to deal with it. Here, they are creating something on the Internet that will never go away. These people have found ways to infiltrate their democracy and the Council would be giving the microphone to those all over the world, and she does not see any rational reason they would or should do that.

Councilmember Riley cited persuasiveness by Councilmembers. She would focus on the fact that only 4 people took this opportunity to speak via Zoom since April.

Councilmember Iverson said what they are being asked to ratify is to not have the public comments on Zoom. Even though it is for a different reason, her vote tonight would be to not have remote Zoom comments because it has not benefitted that many people relative to those being able to watch and attend the meeting.

Vice Mayor Gee said she would still like to use Zoom for streaming meetings, etc., but she did not want public comments on Zoom.

F.1.b
Packet Pg. 19
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 14 of 18 12.05.23
Councilmember Malkani said she objects to the notion that allowing remote participation is giving a voice to hate speech and the notion being portrayed as one with a clear answer on one side or the other. She is saying this, recognizing the harm caused by words in hate speech. The Council has received public comments that it is not anywhere near the amount of hate speech their fellow representatives have experienced elsewhere.

Councilmember Riley said she goes back to number 4. When thinking about it, they were open and generous in making meetings so accessible. Aside from the hate speech, they could say the data does not support continuing it.

Mayor Miller said Councilmember Malkani’s comments wondered if there was some vehicle in the future to look at whether people can video or record them to be part of the video record. They can also write letters.

Councilmember Iverson said the one place Zoom gets used is the ability to react in real time to what is happening. The Dalewood situation where it was an interactive session, she would not mind people coming in and expressing how it can and should work in Orinda. There is a body language and connection that happens when speakers are in person, and while important in concept, in practice not that many people were using it.

Vice Mayor Gee said if they decide to not use I now, they are not voting to preclude any technology solution in the future. She does understand there are things the Zoom people and other people are working on that might help this situation from happening. If that were the case, she does not think making a decision to not use it now means they are precluding using technology ever more if something changes. Her feeling is concern in the short term.

Mayor Miller noted there are many people looking at this throughout the country.

Councilmember Malkani said she thinks this is something to revisit in 6 months if the Council wished to do so.

Ms. Wolff said if the Council wanted to revisit the outcome of the matter but for different reasons, they have this ability within the scope of what is described here. The agenda description is such that Zoom participation would be discontinued temporary. The Council can say they want to define “temporarily” as 6 months, or that they would like this to return in 8 months. If the Council would like to discontinue the Zoom participation and not have it linked to the Zoom bombings, they could also do this. She thinks the Council does not have to limit itself to ratifying or not ratifying the whole topic of whether to discontinue Zoom participation.

Vice Mayor Gee made a motion, and Councilmember Iverson seconded, to ratify the City Manager’s decision to temporarily discontinue participation on Zoom by the public and that the Council can revisit the topic in the future.

Councilmember Riley requested removal of the word “temporarily”.

F.1.b
Packet Pg. 20
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 15 of 18 12.05.23
Mayor Miller opened the Public Forum, and there were no speakers.

MOTION by Vice Mayor Gee, and seconded by Councilmember Iverson, to ratify the City Manager’s decision to discontinue remote participation on Zoom by the public for the foreseeable future. Said motion carried by (4-1; Malkani voted no) roll call vote.

I. COUNCILMEMBERS’ REPORTS – Councilmember Malkani said she and Councilmember Iverson were privileged to attend the Hospice of the East Bay Tree Lighting which was an impactful, lovely ceremony. Councilmember Iverson agreed and said it was moving.

Vice Mayor Gee reported they had a 2x3 meeting with MOFD. They were enormously interested and positive. The most important thing that came out was the Fire Chief sharing some incredibly impressive mapping of the community showing how much better the fire prevention compliance has been. They are hoping for more public information regarding those efforts. They also heard more about the new Firesafe Moraga and Orinda, and the good news is they have completed all things they need to do to be a certified non-profit. They are moving forward to applying for and receiving monies so they will be another option for positive fire prevention efforts. There were also questions about particular types of vegetation and on-going dialogue with the community about the best ways to community some of that. She continues to believe the 2x2 subcommittee creates a great forum for the public to be able to talk to the City and MOFD at the same time.

City Manager Biggs reported the Chief also shared a toolkit based off of the North Orinda shaded fuel break, which residents can achieve compliance with the fire fuels reductions. There was discussion about Ordinance 2023-08 and those are available on their website, as well as to the City for residents.

Councilmember Iverson said many of the implementing ordinances from the DPP have not happened year, and there have not been any new development projects.

The Downtown Subcommittee talks about the redevelopment attributes, and they talk about economic development where there is a lot of good news about new businesses, new momentum. The one take away is that City Manager Biggs is going to prepare an update with Drummond Buckley in January. So, they should be receiving an overview of a ‘one year where are we” on both the economic development and the DPP updates.

F.1.b
Packet Pg. 21
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 16 of 18 12.05.23
Councilmember Iverson reported they held a school 2x2 committee meeting and they discussed some items, but nothing ripe to bring back.

Councilmember Malkani thanked the Parks and Recreation Department and City staff for putting on a great Winterfest on Saturday. It was fun to see the OIS Choir sing, refreshments, a kid’s table craft area, and it was lovely.

Councilmember Iveson said City Manager Biggs was kind enough to arrange a phone call where she got to meet the County Librarian and Michael, their Orinda Librarian. It turns out they were already thinking about co-working spaces and how to modernize the Library’s appeal for people who are working in the third space. They will be coming out with a survey soon, and she asked to spread the work as to the use of the space.

Vice Mayor Gee said she spent time with Michael Beller, their Librarian. They had a great conversation and he is working on initiatives to even better partner with the City. The reason he will reach out to James is that she suggested they consider a part of the library be a resource materials center for fire prevention. He loves the idea and he will be reaching out to staff.

Councilmember Riley said last week she visited Seniors Around Town and the Orinda Historical Society events. The Seniors around Town was very nice. Steve Harwood brought in a beautiful singer who was a senior at Miramonte, and she sang things from Broadway musicals.

She also attended the Orinda Historical Society Open House, and they had an enormous crowd, some of which was overflowed from the previous event, but they had a very independent crowd.

Mayor Miller reported on the Miner Road practice with the counter flow signs on Saturday morning. A dedicated team of City employees showed up and reported to the City Manager, as well as Dennis Reigns from MOFD. Public works put out the signs, they were somewhat stationed, and The Chief and his officers closed off the intersections. All three debriefed very well about all lessons learned and lots of different things to do next time. She thinks it was a wonderful early Saturday morning.

J. CITY MANAGER’S REPORT – City Manager Biggs said the Miner Road Contraflow was designed to test protocols for setting up. Since it was originally envisions, they spent more time thinking about how it would work. Most scenarios there will be equipment activated, and the crew will be in town already.

F.1.b
Packet Pg. 22
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 17 of 18 12.05.23
They performed a test exercise, and they set up a contraflow, and about 7:45 a.m. everything was set up, they did the notifications through Nixle and others, and while inconvenient for a few residents, most people were good sports. By about 8:15 a.m. they had completed, and they did a debrief. They will finetune this on an on-going basis, and the new Safety Element calls for looking at other contraflows such as Moraga Road, some of the streets leading down to St. Stephens in the future.

Also, as they were discussing the Safety Element, they created an entire list of tasks they are working on and have been engaged with this for quite a while. They will be applying with the cities of Lafayette and Moraga in January for a grant that will be doing some sub-regional evacuation planning and more detailed analysis.

They have a grant funded system to upgrade the traffic signals to make them synchronize which will also help the City in evacuation.

Tomorrow, they have an existing Local Hazards Safety Plan, which is an annex as part of the overall county umbrella. Tomorrow, the Department Managers and himself are spending one-half day with the County as they kick this off. The City opted early to do the AB 747 analysis about evacuation that otherwise would not have been done until they started this effort.

He and staff spent time on the Red Flag issue which the Safety Element also calls for those to be expanded in other key neighborhoods which have been identified.

So, it is something they are regularly engaged with.

Regarding winter, they hope to sign out the chipper to residents, they can take the incentive for home hardening, and does not stop communications and outreach.

Lastly, he complimented the Parks and Rec Recreation team for the Winter Fest which went very well. The developer or Bank of America building conceptualized this pop up market there from 11 to 3. Darren Hughes helped network some of the other businesses into that which went well, and it sounds like those, plus the farmers’ market that day was quite a busy day in downtown, and they are looking forward to doing more of that.

Darren Hughes is working with some businesses, with the idea of creating later this winter a night market that might take place at Theater Square. This is part of the economic development activities they hope will attract people and be a benefit to businesses.

After the first of the year, they will look at more and more opportunities to continue making Orinda a great place to live and have fun.

L. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters F.1.b
Packet Pg. 23
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) Orinda City Council Minutes Page 18 of 18 12.05.23

2. PUBLIC COMMENTS of Closed Session Matters – None.

3. CLOSED SESSION

4. REPORT OUT OF CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.

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

M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:27 p.m. to the next Regular Council Meeting on Tuesday, December 19, 2023, at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
F.1.b
Packet Pg. 24
Attachment: City Council Minutes of December 5, 2023 (3263 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: December 19, 2023
Department: City Council
AGENDA TITLE: Proposed Adjustment to the Master Fee Schedule (Transportation Impact Fees) Effective January 1, 2024
RECOMMENDATION:

Adopt Resolution No. 69-23 modifying the master fee schedule to incorporate the annual automatic increase to Transportation Impact Fee.

BACKGROUND:

The City maintains a Master Fee Schedule which is typically updated once a year in conjunction with the annual Budget process. An amendment is proposed at this time to accommodate changes in Impact Fees that are adjusted by an index that was published after the current Master Fee Schedule update was adopted.

The Transportation Impact Fee associated with the Lamorinda Fee and Financing Authority, automatically adjusts on January 1st, therefore there is a need for the City Council to present adjustments outside of the annual budget cycle.

The Transportation Impact Fee is collected based on fees developed by the Lamorinda Fee and Financing Authority, a Joint Exercise of Powers Agreement (the JPA) entered into by the cities of Lafayette, Orinda, and the Town of Moraga. The development of the fee program included the completion of a 2015 nexus study that was adopted by the Orinda City Council on February 16, 2016, along with revisions to the JPA.

On March 15, 2016, the City Council adopted updated Transportation Impact fees in accordance with the 2015 study. Resolution No. 18-16 adopting the fees provided that the fees shall in the future be modified in accordance with the Lamorinda Fee and Finance Authority Joint Exercise of Power Agreement. The resolution specifically noted that the modifications include an automatic annual increase of the fee based on the amount of the increase in the ENR Construction Cost Index for the San Francisco Bay Area for the period ending September 30th.

DISCUSSION:

As previously noted, the JPA governing the Transportation Impact Fee, identifies that fees are to be adjusted each January 1st by the amount of the increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area, for the period ending September 30 of the preceding year. City Staff that support the JPA have calculated the January 1, 2024, adjustment based on the change of construction costs between September 2022 and September 2023, as published by the ENR the index, the increase is 2.69%. The following table shows the 2023 fee and the 2024 fee, and the total increase for each of the fee categories. The total fee includes two equal F.2
Packet Pg. 25
components, one for Regional Projects administered by the JPA, and the second is the Local Share retained by the City.

TOTAL TRANSPORTATION IMPACT FEES 2023 vs. 2024
(Total Fee = 50% Regional Component + 50% Local Share)
In order to consolidate the automatic adjustment into the City-Wide Master Fee Schedule, Staff is presenting this item at a public meeting solely to provide an administrative record of the adjustment. Based on the automatic inflator previously adopted, these fees are in effect as of January 1, 2024. The proposed resolution will allow Staff to incorporate the updated fee into the Master Fee Schedule.

NEXT STEPS:

Upon adoption of the resolution the Master Fee Schedule document will be updated to provide a current consolidated listing of all fees.

FISCAL IMPACT:

The amount of impact fees collected fluctuates based on development activity. The revenue budgeted in Fiscal Year 2023-2024 is $40,000. The fee increase of 2.69% will only be in place for six months of the Fiscal Year, which may result in only a minor increase in revenue, provided development activity occurs which results in fees collected. Transportation Impact Fees are retained and accounted for in a separate fund (#205).

ATTACHMENTS:

A. Resolution 69-23 Ammendment to Master Fee Schedule: Traffic Impact Fee Increase
Respectfully Submitted by:

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

F.2
Packet Pg. 26
F.2
Packet Pg. 27
Resolution No. 69-23

Page 1 of 2 ends

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

Modifying Adopted Master Fee )
Schedule To Incorporate Automatic ) Resolution 69-23
Increase in Transportation Impact Fee )
WHEREAS, on June 20, 2023, the City Council of the City of Orinda adopted Resolution No. 36-23 modifying fees for services rendered by the City for administrative, planning, public works, parks and recreation, public safety services and development impact fees; and WHEREAS, on March 15, 2016 the City Council adopted Resolution No. 18-16 establishing Transportation Impact Fee in accordance with the Lamorinda Fee and Financing Authority Joint Exercise of Powers Agreement; and
WHEREAS, the Transportation Impact Fee as adopted is annually subject to an automatic increase based on changes recorded in the September 30th Engineering News Record (ENR) construction cost index; and
WHEREAS, the change recorded in the index between September 2022 and September 2023 was 2.69%; and
WHEREAS, it is desirable to incorporate this automatic adjustment as an update to the consolidated Master Fee Schedule; and
NOW, THEREFORE, the City Council of the City of Orinda finds and declares that:

1. Update To Fee Schedule. The Transportation Impact Fees shown in the current Master Fee Schedule shall be replaced by those set forth as shown in Attachment 1 herein.

2. Effective Date. The adjustments to the Maser Fee Schedule shall be effective January 1, 2024 for fees in Attachment 1.

3. Master Fee Schedule. The amended fees shall be incorporated into the Master Fee Schedule posted on the City Website.

Adopted by the City Council of the City of Orinda at a regular meeting on December 19, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

Inga Miller, Mayor
_____________________________
Sheri Marie Smith, City Clerk
F.2.a
Packet Pg. 28
Attachment: Resolution 69-23 Ammendment to Master Fee Schedule: Traffic Impact Fee Increase (3265 : Master Fee Schedule Adjustments TIF Resolution No. 69-23

Page 2 of 2 ends

ATTACHMENT 1

AUTOMATIC ADJUSTMENT TO

LAMORINDA TRANSPORTATION IMPACT FEES

FOR THE CITY OF ORINDA
EFFECTIVE JANUARY 1, 2024
F.2.a
Packet Pg. 29
Attachment: Resolution 69-23 Ammendment to Master Fee Schedule: Traffic Impact Fee Increase (3265 : Master Fee Schedule Adjustments TIF City Council
Staff Report
Agenda Item: F.3
Date: December 19, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Adoption of Resolution for Approvals Associated with the Parcel Map for 88 Sunnyside Lane (MS 2015-001)
RECOMMENDATION:

Staff recommends adoption of Resolution No. 68-23 which includes approval of: (1) the Parcel Map for 88 Sunnyside Lane (MS 2015-001); (2) the Subdivision Improvement Agreement with Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014; (3) the Stormwater Operations and Maintenance Agreement and Right of Entry; (4) Approving Annexation of the 88 Sunnyside Lane (Subdivision MS 2015-001) into the Orinda GHAD; (5) acceptance of Grant Open-Space Easement Deed; and (6) finding these actions will not have a significant impact on the environment as defined by the California Environmental Quality Act (CEQA) because they are consistent with the Revised Initial Study/Mitigated Negative Declaration (IS/MND) for the project.

BACKGROUND:

On February 11, 2020, the Orinda Planning Commission approved the Vesting Tentative Map (MS 2015-001), Tree Removal Permit (TRP-2019-032) and adopted the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the development located at 88 Sunnyside Lane. Land use entitlements for the development of the 88 Sunnyside Lane minor subdivision includes subdivision of the existing 24.03-acre lot into four parcels suitable for development, removal of approximately 11 protected trees, and granting to the City of an open space easement covering a total of 8.1 acres.

DISCUSSION:

The developer has submitted the Parcel Map for Minor Subdivision (MS 2015-001) (Attachment A) signed by all parties required to execute the certificates on the map, together with all supplementary documents and fees, to the Planning Department and the Public Works and Engineering Services Department for filing in accordance with the Subdivision Map Act, Title 16 of the City of Orinda Municipal Code (OMC), and the Conditions of Approval.

1. The Planning Commission adopted the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the project. On February 11, 2020, the Planning Commission approved the project through the adoption of Statement of Official Action SOA-2020-004, subject to the Conditions of Approval (“Conditions”). The Vesting Tentative Map designates, among other things, lots for four (4) single family residential units, and 8.1 acres of open space easement deed granted to the City of Orinda.

F.3
Packet Pg. 30

2. The approval of the Parcel Map and related actions will not have a significant impact on the environment as defined by the California Environmental Quality Act (CEQA), as it is consistent with the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the project.

3. The Conditions of Approval require that the developer enter into a Subdivision Improvement Agreement (SIA) prior to approval of the Parcel Map, as required by OMC section 16.28.150. The SIA requires developer to complete construction of the improvements associated with the project. Developer has submitted the SIA (Attachment B) and posted the required securities in accordance with the Subdivision Map Act and OMC Title 16, which ensure that the City can complete the improvements or return the site to its undeveloped condition in the event of the developer’s breach of its obligations. The City Attorney has approved the SIA as to form.

4. The Conditions of Approval require that the developer enter into a Stormwater Operations and Maintenance Agreement and Right of Entry (Attachment C) since the project is subject to the development stormwater requirements in the City’s National Pollutant Discharge Elimination System (NPDES) permit and requirements in Title 18 of the OMC.

5. Public Works and Engineering Services Department has reviewed the Parcel Map and the Improvement Plans for 88 Sunnyside Lane Minor Subdivision (MS 2015-001) and found them to be in conformance with the VTM and Conditions of Approval.

6. Planning Department has determined that all applicable requirements, including the Conditions of Approval, have been satisfied for the 88 Sunnyside Lane Minor Subdivision (MS 2015-001).

7. The developer has offered an open space easement to the City of Orinda (Attachment D). This easement will be perpetual in nature and be recorded concurrently with the Parcel Map. In accordance with VTM, the Parcel Map includes a total of 8.1 acres of area that are delineated as open space easement area, which comprises approximately 34% of the project site. This area is designated so that no building or development may encompass without the consent of said City, its successor, or assign. The underlying property owners will hold fee title subject to the open space easement. The property owners will retain all responsibilities and bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the easement area. The areas covered by the Open Space Easement (“Easement Areas”) are essentially unimproved and have one or more of the following: natural scenic beauty, existing openness, and value as a watershed or for wildlife and habitat preservation. Maintaining “the semi-rural character of Orinda” and “the dominance of wooded and open ridges and hillsides” are two of the Guiding Policies of the Land Use Element of the City’s General Plan. (Land Use Policies F.3
Packet Pg. 31

2.1.1(A) and 2.1.1(B), respectively.) The General Plan defines “semi-rural character,” in part, as consisting of “major visible undeveloped ridgelines and hillsides,” “undisturbed creeks and creek beds,” and “visible vacant land within and adjacent to residential areas.” (General Plan Land Use Element § 2.1).

Retaining “steep or unstable slopes as open space” is one of the Guiding Policies of the Open Space and Parks Element of the City’s General Plan. (Open Space and Parks Policies 2.2.1(C)). Additionally, Orinda Municipal Code section 17.7.2 provides that the objectives of the City’s hillside development standards include “Retain[ing] open hillsides and significant ridgelines in as near a natural state as is feasible;” and “Provid[ing] for the preservation and maintenance of significant ridgelines, open space and recreational lands” (OMC §§ 17.7.2 G and I). A portion of the Property that includes open hillsides and two ridgelines are located within the Easement Areas. Planning staff therefore conclude that the Open Space Easement is consistent with the General Plan of the City of Orinda and recommend the Council accept and approve the Open-Space Easement for 88 Sunnyside Lane, adopting findings in support thereof (Attachment D & E).

8. According to the Subdivision Map Act section 66458(a), and the provisions of Chapter 16 of the OMC, the City Council must approve the Parcel Map for 88 Sunnyside Lane Minor Subdivision (MS 2015-001) if it substantially conforms to all of the requirements. Resolution No. 68-23 (Attachment E) formalizes the City Council’s action with related findings, including approving the Parcel Map.

9. On March 15, 2022, the Orinda Geologic Hazard Abatement District (GHAD) Board of Directors adopted Resolution 22-02 approving the Annexation of the 88 Sunnyside Lane Development (Subdivision MS 2015-001) into the Orinda GHAD, subject to the adoption of a resolution approving the annexation by the Orinda City Council as required under Public Resources Code section 26581 and conditioned upon approval of the proposed assessment following a proceeding pursuant to Proposition 218. The Proposition 218 process was completed by the GHAD Board in May of 2022. Public Resources Code section 26581 states that a proposed annexation is subject to the approval of the legislative body that approved formation of the GHAD.

Given that the Orinda City Council approved formation of the Orinda GHAD, Orinda City Council approval is necessary to complete the proposed annexation. Therefore, the Orinda City Council is requested to approve Resolution 68-23 (Attachment E) approving annexation of the 88 Sunnyside Lane Development into the Orinda GHAD.

NEXT STEPS:

The Parcel Map, Subdivision Improvement Agreement, Stormwater Operations and Maintenance Agreement and Right of Entry, and Open-Space Easement Deed and related documents will be processed for recordation with the County Clerk Recorder.

FISCAL IMPACT:

The developer of 88 Sunnyside Lane Minor Subdivision (MS 2015-001), has provided bonds to guarantee construction of the required improvements and will pay the cost of construction, inspection, and testing. Once these improvements are accepted, the F.3
Packet Pg. 32
homeowners’ association will be responsible for maintenance of the private road and boundary fence, as well as vegetation and wildfire management.

ATTACHMENTS:

A. Attachment A 88 Sunnyside PM_PC#5 Conditionally Approved_2023.10.25 B. Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean C. Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final D. Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 E. Attachment E Resolution 68-23 Acceptance and Approval of 88 Sunnyside Subdivision
Respectfully Submitted by:

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

F.3
Packet Pg. 33
A.P.N. 266-270-029 JOB NO. 20175 SHEET 1 OF 7 SHEETS

TRUSTEE'S STATEMENT
THE UNDERSIGNED, AS TRUSTEE UNDER THE DEED OF TRUST RECORDED JULY 15, 2020, AS INSTRUMENT NO. 2020-141169 OF OFFICIAL RECORDS, DOES HEREBY JOIN IN AND CONSENT TO THE

EXECUTION OF THE FOREGOING OWNERS' STATEMENT AND TO THE PREPARATION AND RECORDATION OF THIS MAP AND ALL DEEDINGS AND DEDICATIONS THEREON.

JPMORGAN CHASE BANK, NA

OWNER'S STATEMENT
DeBolt Civil Engineering
Danville, California 94526
OCTOBER 2023
SUBDIVISION MS 2015-001

CITY OF ORINDA

CONTRA COSTA COUNTY, CALIFORNIA

BEING THAT PARCEL OF LAND DESCRIBED IN THE DEED TO NAFIS JAMAL, TRUSTEE OF THE NAFIS JAMAL REVOCABLE TRUST DATED APRIL 17,2014 RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014-119866,

CONTRA COSTA COUNTY RECORDS

PARCEL MAP
_______________________________________
NAME:

TITLE:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA )
COUNTY OF ________________________ ) SS
ON ______________________ BEFORE ME, ___________________________________ , A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED _____________________________________ __________________________________________________________________ WHO PROVED TO ME ON THE

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO

THE ABOVE STATEMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE ABOVE

STATEMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE ABOVE STATEMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

SIGNATURE OF NOTARY:

PRINT NAME OF NOTARY: __________________________
MY COMMISSION NUMBER: _________________________
MY COMMISSION EXPIRES: _________________________
COUNTY OF PRINCIPAL PLACE OF BUSINESS: _________
_________________________________________________

ACKNOWLEDGEMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO

THE ABOVE STATEMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE ABOVE

STATEMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE ABOVE STATEMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

SIGNATURE OF NOTARY:

ACKNOWLEDGEMENT
_______________________________________
NAME:

TITLE:

THIS MAP SUBSTANTIALLY CONFORMS TO THE VESTING TENTATIVE MAP AND CORRESPONDING CONDITIONS OF APPROVAL AS APPROVED BY THE PLANNING COMMISSION. THIS MAP HAS BEEN REVIEWED BY ME AND THE CONDITIONS OF APPROVAL HAVE BEEN SATISFIED. __________________________________________

DRUMMOND BUCKLEY

PLANNING DIRECTOR

CITY OF ORINDA

PLANNING DIRECTOR'S STATEMENT
DATE: __________________

CITY ENGINEER'S STATEMENT
I, SIVAKUMAR NATARAJAN, P.E., CITY ENGINEER FOR THE CITY OF ORINDA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, HEREBY STATE THAT I HAVE REVIEWED THIS PARCEL MAP ENTITLED "PARCEL MAP ~ SUBDIVISION MS 2015-001", AND THAT SAID SUBDIVISION IS SUBSTANTIALLY THE SAME AS IT

APPEARED ON THE TENTATIVE MAP AND THAT ALL PROVISIONS OF STATE LAWS AND LOCAL ORDINANCES GOVERNING THE FILING OF SUBDIVISION MAPS HAVE BEEN COMPLIED WITH.

DATE: __________________ __________________________________________ SIVAKUMAR NATARAJAN, P.E.

CITY ENGINEER, CITY OF ORINDA
R.C.E. 74789
__________________________________________

ANNE-SOPHIE TRUONG

ACTING CITY SURVEYOR, CITY OF ORINDA
P.L.S. 8998
DATE: __________________

I, ANNE-SOPHIE TRUONG, ACTING CITY SURVEYOR FOR THE CITY OF ORINDA, COUNTY OF CONTRA

COSTA, STATE OF CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THIS PARCEL MAP ENTITLED "PARCEL MAP ~ SUBDIVISION MS 2015-001", AND I AM SATISFIED THAT SAID PARCEL MAP IS TECHNICALLY CORRECT.

CITY SURVEYOR'S STATEMENT

I, SHERI SMITH, CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF ORINDA,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DO HEREBY STATE THAT THE ABOVE AND FOREGOING PARCEL MAP ENTITLED "PARCEL MAP ~ SUBDIVISION MS 2015-001" WAS PRESENTED TO SAID CITY COUNCIL, AS PROVIDED BY LAW, AT A REGULAR MEETING THEREOF HELD ON THE ______ DAY OF __________________, 20____, AND THAT SAID CITY COUNCIL DID THEREUPON BY RESOLUTION DULY PASSED AND ADOPTED AT SAID MEETING, APPROVE SAID PARCEL MAP.

I FURTHER STATE THAT ALL BONDS AS REQUIRED BY LAW TO ACCOMPANY THE WITHIN MAP HAVE BEEN APPROVED BY THE CITY COUNCIL OF THE CITY OF ORINDA, AND ARE FILED IN MY OFFICE.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS ______ DAY OF _________________, 20____.

CITY CLERK'S STATEMENT
__________________________________________

SHERI SMITH, CITY CLERK

CITY OF ORINDA

CLERK OF THE BOARD OF SUPERVISORS STATEMENT
I STATE, AS CHECKED BELOW, THAT:
( ) A TAX BOND ASSURING PAYMENT OF ALL TAXES WHICH ARE NOW A LIEN, BUT NOT YET

PAYABLE, HAS BEEN RECEIVED AND FILED WITH THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
( ) ALL TAXES DUE HAVE BEEN PAID, AS CERTIFIED BY THE COUNTY REDEMPTION OFFICER.

DATED:______________ MONICA NINO ________________________________________

CLERK OF THE BOARD OF SUPERVISORS

AND COUNTY ADMINISTRATOR OF CONTRA

COSTA COUNTY, STATE OF CALIFORNIA
BY: _____________________________________

DEPUTY CLERK

THE UNDERSIGNED, BEING THE ONLY PARTY HAVING A RECORD TITLE INTEREST IN THE LANDS

DELINEATED AND EMBRACED WITHIN THE HEAVY BLACK LINES UPON THIS MAP, DOES HEREBY JOIN IN AND CONSENT TO THE MAKING AND RECORDATION OF THE SAME.

THE AREA MARKED "PRIVATE ACCESS AND UTILITY EASEMENT" OR "P.A. & U.E." IS NOT DEDICATED FOR THE USE BY THE GENERAL PUBLIC, BUT IS FOR THE USE OF THE OWNERS OF PARCELS "A", "B", "C" AND "D" OF SUBDIVISION MS 2015-001 FOR, BUT NOT LIMITED TO, ACCESS, RECREATION, PARKING, UTILITIES, DRAINAGE, INGRESS AND EGRESS. SAID EASEMENT SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION FOR SUBDIVISION MS 2015-001, THEIR SUCCESSORS, OR ASSIGNS.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF ORINDA AS AN EASEMENT FOR PUBLIC PURPOSES: THOSE PORTIONS OF SAID LANDS DESIGNATED ON SAID MAP AS "OPEN SPACE EASEMENT" AS AN AREA THAT NO BUILDING OR DEVELOPMENT MAY ENCOMPASS WITHOUT THE CONSENT OF SAID CITY, ITS SUCCESSOR, OR ASSIGN. SAID EASEMENT WILL BE DEEDED BY SEPARATE INSTRUMENT (DOCUMENT NO. ________________________).

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE ORINDA GEOLOGIC HAZARD ABATEMENT DISTRICT AS AN EASEMENT FOR PUBLIC PURPOSES: THOSE PORTIONS OF SAID LANDS DESIGNATED ON SAID MAP AS "GEOLOGIC HAZARD ABATEMENT DISTRICT EASEMENT" OR "G.H.A.D." ARE FOR THE

EXCLUSIVE PURPOSE TO COLLECT AND TREAT STORMWATER AND THE RELATED IMPROVEMENTS AND

APPURTENANCES ASSOCIATED WITH THE STORMWATER TREATMENT FACILITY APPROVED ON THE

STORMWATER CONTROL PLAN FOR THIS PROPERTY, INCLUDING CONSTRUCTION, ACCESS AND MAINTENANCE FOR THESE IMPROVEMENTS. AS DETAILED IN THE SEPARATE EASEMENT INSTRUMENT,

THE CONSTRUCTION OF BUILDINGS, STRUCTURES, OR OTHER ACTIVITY WHICH MAY INTERFERE WITH THE PERFORMANCE OF THE FACILITIES IS PROHIBITED. SAID EASEMENT SHALL ALSO INCLUDE A NON-SPECIFIED INGRESS AND EGRESS EASEMENT TO ACCESS THE FACILITIES. THE REAL PROPERTY

INCLUDED ON THIS MAP IS SUBJECT TO ANY RIGHTS OF THE GEOLOGIC HAZARD ABATEMENT DISTRICT IDENTIFIED IN THE PROJECT "PLAN OF CONTROL", PREPARED BY ENGEO INCORPORATED, DATED DECEMBER 21, 2021, PROJECT NO. 18929.000.001. SAID EASEMENT WILL BE DEEDED BY SEPARATE INSTRUMENT (DOCUMENT NO. ________________________).

THIS MAP SHOWS ALL EASEMENTS ON THE PREMISES, OR OF RECORD.

AS OWNER:

NAFIS JAMAL, TRUSTEE OF THE NAFIS JAMAL REVOCABLE TRUST DATED APRIL 17, 2014 _______________________________________
NAME: NAFIS JAMAL
TITLE: TRUSTEE
FILED THIS _______ DAY OF __________________, 20____, AT ________.M. IN BOOK __________ OF PARCEL MAPS, AT PAGE __________, AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY.

RECORDER'S STATEMENT
BY:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF NAFIS JAMAL IN JUNE 2019. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.

I FURTHER STATE THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, THAT MONUMENTS OF THE CHARACTER SHOWN ON THE PARCEL MAP ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

SURVEYOR'S STATEMENT
__________________________________________
EASTON C. McALLISTER
L.S. 9583 EXPIRES: MARCH 31, 2025
KRISTIN B. CONNELLY

COUNTY RECORDER IN AND FOR THE

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
_______________________________________________

DEPUTY COUNTY RECORDER
BY:

F.3.a
Packet Pg. 34
Attachment: Attachment A 88 Sunnyside PM_PC#5 Conditionally Approved_2023.10.25 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Approvals) NY
BASIS
OF

BEARINGS
N77°29'55"E
N
8 8°4
7'05"W
3 69.15'
N40°01'24"E 410.64'

PARCEL 'B'
(SEE SHEET 4)
1 1

5.72'
N
80°26'09"W

87.20'
N15°21'55"E 499.42'
S40°37'12"W 348.94'
S
U
N
137 603.78' .19'

PARCEL 'D'
(SEE SHEET 6)
N70°05'1
3"W
640.00'
N72°1
7'57"W
379.37'
N07°14'20"E 237.38'

PARCEL 'C'
(SEE SHEET 5)
471.20'

PARCEL 'A'
(SEE SHEET 3)
N01°09'30"E 1212.17'
SIDE
LANE

31.73'
N58°44'55"E
115.63'

83.90'
N01°09'30"E 376.07'
N68°27'35"W
195.43'
R=200.00'
D=49°15'00"
L=171.91'
R=265.00'
D=31°00'00"
L=143.38'
R=250.00'
D=34°32'30"
L=150.72'
N72°00'05"W

45.90'
N76°59'55"E

58.75'

PRIVATE
ROAD
(NOT
CITY

MAINTAINED)
N68°03'45"E
203.00'
S
82°13
3' 3"E
231.42' N
86°15'08"E 162.98'
N71°25'49"E
220.55' N64°16'19"E
162.24'
N41°10'50"E
102.38'
N
88°59'03"E
2 3

3.08'

35.44'
N75°06'59"E
S80°56'15"E

33.02'
166.08' 71.30'
N
87°18'50"W
507.63'
N37°18'50"W
236.49'

96.71'
N
82°45
4' 0
W"
N
85°50
0' 0
W"
2 66.02'
N
86°10'00"E
410.90'
N04°55'00"W
430.00' TOTAL
382.00' 48.00'
149.74' 12.50'

34.35'
N33°00'00"E
4 N
5 8
.1
6 4
°50'00"W
'
P.A.&
U.E.

P.A.& U.E.
<N40°01'25"E>(R1)
<N40°01'24"E>(R6)
<S08°58'45"W 289.44'>(R4)
<S08°50'00"W 290.00'>(R5)(R7)
S08°50'00"W 290.00'
<
N72°1
7'57"W
379.37'>
(R5)(R7)
<
N72°09'1
2"W
379.33'>
(R4)
<
N69°56'28"W>
(R4)
<
N70°05'1
3"W>
(R5)(R7)
<N01°03'31"E>(R8)
I.P. per R7
S.F.N.F.

I.P. per R7
S.F.N.F.

I.P. per R3
S.F.N.F.

G.H.A.D.

N8°45'35"W

96.37'
G.H.A.D.

P.A.& U.E.

PRIVATE ROAD (NOT CITY MAINTAINED)
P.A.& U.E.

A.P.N. 266-270-029 JOB NO. 20175 SHEET 2 OF 7 SHEETS

PARCEL MAP

BEING THAT PARCEL OF LAND DESCRIBED IN THE DEED TO NAFIS JAMAL, TRUSTEE OF THE NAFIS JAMAL REVOCABLE TRUST DATED APRIL 17,2014 RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014-119866,

CONTRA COSTA COUNTY RECORDS

CITY OF ORINDA

CONTRA COSTA COUNTY, CALIFORNIA
SUBDIVISION MS 2015-001
DeBolt Civil Engineering
Danville, California 94526

SCALE IN FEET
100 50 0 100 200
(R7)
(R8)
(R4)
(R5)
(R6)
(R3)
(R2)
(R1)

REFERENCES
LOT LINE ADJUSTMENT (92-009182)
SUBDIVISION 6462 (290-M-48)
SUBDIVISION 3072 (94-M-48)
DEED TO JAMAL (2014-119866)
PARCEL MAP (42-PM-28)
PARCEL MAP (116-PM-40)
PARCEL MAP (116-PM-35)
PARCEL MAP (116-PM-19)

THE MONUMENT LINE OF SUNNYSIDE
LANE, TAKEN AS NORTH 77°29'55" EAST,

AS FOUND MONUMENTED HEREON AND

AS SHOWN ON THE MAP OF SUBDIVISION
3072 (94-M-48).

ALL DISTANCES SHOWN ARE IN FEET AND
DECIMALS THEREOF.

BASIS OF BEARINGS
OCTOBER 2023 SCALE: 1 in. = 100 ft.
5' WIDE UTILITY RIGHT-OF-WAY EXISTS ALONG THE SIDE AND REAR PROPERTY LINES OF ALL LOTS PER THE DECLARATION OF RESTRICTIONS (1788 O.R. 212)

5. APPURTENANT 25' WIDE ROADWAY & UTILITIES EASEMENT (7729 O.R. 244) LIMITED WATER SERVICE AGREEMENT (97-032574)
ROAD MAINTENANCE AGREEMENT (93-177106 / 18718 O.R. 289) EASEMENTS/AGREEMENTS OF RECORD:

ROAD MAINTENANCE AGREEMENT (92-009181 / 17152 O.R. 671)

4. 3.

2. 1.

STORM DRAINAGE EASEMENT

RECORD INFORMATION PER REFERENCE NUMBER

PRIVATE ACCESS & UTILITY EASEMENT
FOUND STANDARD STREET MONUMENT (94-M-48)
SET 1/2" REBAR & CAP -- LS 9583

PACIFIC TELEPHONE EASEMENT
LEGEND
S.D.E.

S.S.E.
< >(R0)
P.A.& U.E.

S.F.N.F.

P.T.T.
( R )

SANITARY SEWER EASEMENT

RADIAL BEARING

SEARCHED FOR, NOT FOUND
F.3.a
Packet Pg. 35
Attachment: Attachment A 88 Sunnyside PM_PC#5 Conditionally Approved_2023.10.25 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Approvals) N
01°09'30"E 1212.17' T
O
T
A
L
N71°25'49"E 220.55' N75°06'59"E

45.53'
375.00'
N86°10'00"E 410.90' TOTAL
N
04°55
0' 0
W" 430.00' T
O
TA
L
382.00' - PCL. 'A'
N
04°55
0' 0
W"
7 4.68'
149.74'

PCL 'A'

12.50'
PARCEL 'C' (SEE SHEET 5)
PA
R
C
E
L 'B'
(S
E
E
S
H
E
E
T
4)

PARCEL 'A'

5.38± AC. ~ GROSS
603.7
8'
3 4

5.2 5' 119.18' 13

9.3 6'
N88°59'03"E 233.08'

70.00' 127.58' 35.50'
N41°10'50"E 102.38'
N
08°45
3' 5
W" 96.37'
261.7
9' 36.80'
N1
3°00'00"W

63.00' N25°10'00"W

45.00'
N56°00'00"E

78.00'
N22°40'00"E

57.00'
N88°00'00"E

40.00'
N70°10'00"E

65.00'
N53°50'00"E
115.00'

50.00'
N85°50'00"E
N61°00'00"E

40.77'

35.90'

OPEN SPACE EASEMENT
(2.41± ACRES)

OPEN SPACE EASEMENT
(8,955±
SQ. FT.)

57.78'
N65°10'00"E

83.00'
N30°00'00"E

45.32' 51.05'

57.24'

44.96'
N58°25'12"E
L=49.10'
R=80.00'
D=35°10'00"
1 2
N64°41'41"E(R)
N77°22'20"W(R)
N75°58'49"W(R)
N
01°09'30"E

90.7 9'
10 9
4 11
3 63.35'

63.35'
8 7
6 5
N64°30'12"E

39.53'

39.53'
N51°56'50"E

25.63'

25.63'
N88°12'39"W
P.A
&. U
E. .

48.00'
<
N
01°03'31"E
>(R
8)

13.90'(R1)
25'
25'
N43°46'00"E

41.50' (TIE)
G.H.A.D.
(SEE DETAIL BELOW)
30'

MAINTAINED)

PRIVATE ROAD (NOT CITY
N64

35.44'
°16'19"E
162.24'
TOTAL
N68°56'12"E

37.88' 45.53'

60.80' 58.54' 30.40'
P.A.& U.E.
12 13

83.91'
N45°48'52"E
N45°48'52"E 133.53'
P.A.& U.E.

N43°46'00"E

41.50' (TIE)
N51°10'00"E 45.50'
N38°50'00"W

26.50'
N54°20'00"W

42.98'
N54°20'00"W 48.50'
N38°50'00"W

22.00'
N38°50'00"W

22.00'
N46°30'00"E

18.37'
N46°30'00"E

22.50'
G.H.A.D.

N38°50'00"W

26.50'
N43°30'00"W

5.00'
N51°10'00"E

14.00' 12.00' 9.31'

5.00'
N51°10'00"E
A.P.N. 266-270-029 JOB NO. 20175 SHEET 3 OF 7 SHEETS

PARCEL MAP

BEING THAT PARCEL OF LAND DESCRIBED IN THE DEED TO NAFIS JAMAL, TRUSTEE OF THE NAFIS JAMAL REVOCABLE TRUST DATED APRIL 17,2014 RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014-119866,

CONTRA COSTA COUNTY RECORDS

CITY OF ORINDA

CONTRA COSTA COUNTY, CALIFORNIA
SUBDIVISION MS 2015-001
OCTOBER 2023 SCALE: 1 in. = 50 ft.

DeBolt Civil Engineering
Danville, California 94526

SCALE IN FEET
50 25 0 50 100

NOT TO SCALE
DETAIL
R=100.00' D=26°27'49" L=46.19'
R=187.50' D=39°50'31" L=130.38'
R=152.50' D=22°51'09" L=60.82'
R=77.50' D=12°33'22" L=16.98'
R=70.00' D=32°00'00" L=39.10'
R=35.00' D=81°10'00" L=49.58'
R=122.50' D=51°52'32" L=110.91'
R=212.50' D=39°50'31" L=147.77'
R=97.50' D=50°29'01" L=85.91'
R=127.50' D=33°22'09" L=74.26'
R=102.50' D=12°33'22" L=22.46'
10 N35°00'00"W 36.17'
N35°00'00"W 16.21'
13 12
11 8
7 9
6 5

COURSE DATA
1 2
3 4

RECORD INFORMATION PER REFERENCE NUMBER

GEOLOGIC HAZARD ABATEMENT DISTRICT EASEMENT
FOUND STANDARD STREET MONUMENT (94-M-48)

STORM DRAINAGE EASEMENT

RADIAL BEARING

SANITARY SEWER EASEMENT
AS LISTED ON SHEET 2
SET 1/2" REBAR & CAP -- LS 9583

PACIFIC TELEPHONE EASEMENT

PRIVATE ACCESS & UTILITY EASEMENT
< >(R0)
S.S.E.
( R )
S.D.E.

P.A.& U.E.

P.T.T.

G.H.A.D.

LEGEND
F.3.a
Packet Pg. 36
Attachment: Attachment A 88 Sunnyside PM_PC#5 Conditionally Approved_2023.10.25 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Approvals) N64°16'19"E
162.24' TOTAL
149.74'

34.35'
N33°00'00"E
N07°1
4'20"E
237.38'
166.08'
N85°50'00"W 266.02' TOTAL
N86°50'00"W

45.14'

71.30'

20.32' 52.66' 193.04'
N
04°55'00"W
430.00' TOTAL
382.00' - PCL. 'A'
PA
R
C
E
L 'A'
(S
E
E
S
H
E
E
T
3)

PARCEL 'C'
(SEE SHEET 5)

PARCEL 'B'

7.45± ACRES ~ GROSS
N88°47'05"W 369.15'
S40°37'12"W 348.94'
N8
8 0
7 °
.
2 2
6'09"W
0'
N15°21'55"E 499.42'
S82°13'33"E 231.42'
N86°15'08"E 162.98'
N71°25'49"E 220.55'

12.50'

48.00' 261.79' 74.68' 45.53'
N04°01'30"E
1 42.83'
N04°01'30"E
1 42.83'
N76°13'49"W(R)
10 5
3 2 1
9 6
8 7
4 11
13 14
15 12
P.A.& U.E.

N68°03'45"E 203.00'
20'
20'
N53°27'50"E(R)
G.H.A.D.
(SE
E
D
ETAIL
ABOVE)

PRIVATE
ROAD
CITY
(NOT

MAINTAINED)
S82°13'33"E 231.42'
S8
3 0
3 °
.
5 0
6'15"E
2'
138
N68°03'45"E 203.00'
.00' 65.00'
N11°15'00"W
3 5.10' (TIE) N49°33'30"W 33.00'
N68°43'30"E
1 7.1
0'
N85
3 °
2 49'30"W
.54'

18.42'
N26°22'30"E
G.H.A.D.

7.00'
N02°05'40"W

17.80'
N02°05'40"W

22.00'
16 17
18 21
20 19
A.P.N. 266-270-029 JOB NO. 20175 SHEET 4 OF 7 SHEETS

PARCEL MAP

BEING THAT PARCEL OF LAND DESCRIBED IN THE DEED TO NAFIS JAMAL, TRUSTEE OF THE NAFIS JAMAL REVOCABLE TRUST DATED APRIL 17,2014 RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014-119866,

CONTRA COSTA COUNTY RECORDS

CITY OF ORINDA

CONTRA COSTA COUNTY, CALIFORNIA
SUBDIVISION MS 2015-001
OCTOBER 2023 SCALE: 1 in. = 50 ft.

DeBolt Civil Engineering
Danville, California 94526

SCALE IN FEET
50 25 0 50 100

GEOLOGIC HAZARD ABATEMENT DISTRICT EASEMENT
FOUND STANDARD STREET MONUMENT (94-M-48)
AS LISTED ON SHEET 2

SANITARY SEWER EASEMENT

RADIAL BEARING
SET 1/2" REBAR & CAP -- LS 9583

STORM DRAINAGE EASEMENT

PACIFIC TELEPHONE EASEMENT

PRIVATE ACCESS & UTILITY EASEMENT
< >(R0) RECORD INFORMATION PER REFERENCE NUMBER
( R )
S.S.E.

G.H.A.D.

P.A.& U.E.

S.D.E.

P.T.T.

LEGEND
DETAIL

NOT TO SCALE
R=190.00' D=10°19'56" L=34.26'
R=80.00' D=47°59'38" L=67.01'
R=48.00' D=8°19'33" L=6.98'
R=40.00' D=129°41'39" L=90.54'
R=68.00' D=8°19'33" L=9.88'
R=210.00' D=10°19'56" L=37.87'
R=60.00' D=47°59'38" L=50.26'
4 S52°01'08"W 51.35'
15 N45°48'52"E 36.42'
20 N02°05'40"W 8.50'
21 N87°54'20"E 18.00'
N87°54'20"E 5.00'
N87°54'20"E 5.00'
N87°54'20"E 18.00'
N02°05'40"W 8.50'
19 18
17 16
N43°41'35"E 38.62'
N52°01'08"E 51.35'
N47°25'25"E 62.77'
11 10
13 14
12 N14°21'26"E 31.59'
S14°21'26"W 27.99'
5 6
9 7
8 S43°41'35"W 28.91'

COURSE DATA
3 2
1 F.3.a
Packet Pg. 37
Attachment: Attachment A 88 Sunnyside PM_PC#5 Conditionally Approved_2023.10.25 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Approvals) <N40°01'25"E>(R1)
<N40°01'24"E>(R6)
N40°01'24"E 410.64'
N
07°14'20"E
237.38'
166.08' 71.30'
N87°18'50"W 507.63'
N
04°55
0' 0
W"
430.00' T
OTA
L
382.00'
O
P
E
N
S
PA
C
E
E
A
S
E
ME
N
T
(3.6
2 ±
A
C
R
E
S)

PARCEL 'D'
(SEE SHEET 6)
P.A.& U.E.

N
4 8°3
5'19"W(R)

PARCEL 'C'

6.21± ACRES ~ GROSS

PARCEL 'B'
(SEE SHEET 4)

57.92'
N40°00'00"E 85.00' TOTAL

27.08'
N88°47'05"W 369.15'
S
01°09'30"W 1212.17' T
O
T
A
L
4 71.20'

35.90'
N86°10'00"E 410.90' TOTAL
N
1 0°1
5'00"E

70.00'
N56°40'00"W

80.00'
N25°30'00"W

58.00'
N09°35
0' 0
W"
1 07.00'
N
03°10
0' 0
W"

60.00'
N58°45'00"E 88.00'

48.00'

34.35'
N33°00'00"E
L=162.84'
R=15.00'
D=146°05'00"
L=38.24'
N85°50'00"W 266.02' TOTAL
193.04' 52.66' 20.32'

63.73' 27.38'

5.60'
N82°45'40"W

96.71' TOTAL
N24°39'26"E

80.23'
N24°39'26"E

62.78'
9 8
7 6
2 1
4 10
5 <
N
01°03'31"E
>(R
8)
20'
375.00'

40.73' 195.76'
N37°18'50"W
236.49' TOTAL
3 G.H.A.D.
(SEE DETAIL ON SHEET 7)
G.H.A.D.
(SEE DETAIL ON SHEET 7)

45.14'
N86°50'00"W
R=120.00'
D=77°45'00"
P
RIVAT
E
R
OA
D
(
N
O
T
CIT
Y
MAIN
T
AIN
E
D
E
R
OA
D
MAIN
T
AIN
E
D)
A.P.N. 266-270-029 JOB NO. 20175 SHEET 5 OF 7 SHEETS

SCALE IN FEET
50 25 0 50 100

COURSE DATA
9 10
7 8
5 6
3 4
2 1
R=110.00' D=26°25'22" L=50.73'
N01°45'56"W 8.76'
R=182.00' D=10°18'00" L=32.72'
R=202.00' D=10°18'00" L=36.31'
R=26.00' D=124°52'49" L=56.67'
R=26.00' D=38°21'56" L=17.41'
N14°21'26"E 4.87'
S14°21'26"W 8.47'
S79°46'37"W 25.31'
DeBolt Civil Engineering
Danville, California 94526
SUBDIVISION MS 2015-001

CITY OF ORINDA

CONTRA COSTA COUNTY, CALIFORNIA

BEING THAT PARCEL OF LAND DESCRIBED IN THE DEED TO NAFIS JAMAL, TRUSTEE OF THE NAFIS JAMAL REVOCABLE TRUST DATED APRIL 17,2014 RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014-119866,

CONTRA COSTA COUNTY RECORDS

PARCEL MAP
OCTOBER 2023 SCALE: 1 in. = 50 ft.

GEOLOGIC HAZARD ABATEMENT DISTRICT EASEMENT
FOUND STANDARD STREET MONUMENT (94-M-48)
AS LISTED ON SHEET 2

SANITARY SEWER EASEMENT

RADIAL BEARING
SET 1/2" REBAR & CAP -- LS 9583

STORM DRAINAGE EASEMENT

PACIFIC TELEPHONE EASEMENT

PRIVATE ACCESS & UTILITY EASEMENT
< >(R0) RECORD INFORMATION PER REFERENCE NUMBER
( R )
S.S.E.

G.H.A.D.

P.A.& U.E.

S.D.E.

P.T.T.

LEGEND
S10°13'23"E 20.00'
F.3.a
Packet Pg. 38
Attachment: Attachment A 88 Sunnyside PM_PC#5 Conditionally Approved_2023.10.25 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Approvals) N70°05'13"W 640.00'
<N70°05'13"W>(R5)(R7)
<N69°56'28"W>(R4)
S08°50'00"W
290.00'
<
S08°50'00"W
290.00'>
(R5)
(R7)
<
S08°58'45"W
289.44'>
(R4)
<N40°01'25"E>(R1)
<N40°01'24"E>(R6)
N40°01'24"E 410.64'
<N72°09'12"W 379.33'>(R4)
<N72°17'57"W 379.37'>(R5)(R7)
N72°17'57"W 379.37'
S
01°09'30"W 1212.17' T
O
T
A
L
13 7.19'
N87°18'50"W 507.63'

PARCEL 'D'

5.00± ACRES ~ GROSS
236.49' TOTAL

40.73'
N40°00'00"E 85.00' TOTAL

57.92' 27.08'
O
PE
N
SPACE
EASE
ME
NT
(1.87
±
ACRES)
100.00' 540.00'
N27°40'00"W

62.00'
N56°40'00"W

62.00'
N1
9°30'00"W

80.00'
N
02°40'00"W
3 8.00'
N78°50'00"E

29.23'
R
=

80.00'
D
=
59°30'00"
L=

83.08'
N
01°4
5'5
6 W"
2 4.00'

24.50'
N88°14'04"E
R=26.00' L=40.84'
D=90°00'00"
N88°14'04"E 9.00'
N01°45'56"W 19.00'
P.A.& U.E.

I.P. per R7
S.F.N.F.

I.P. per R7
S.F.N.F. <
N
01°03'31"E
>(R
8)
G.H.A.D.
(SEE DETAIL ON SHEET 7)
G.H.A.D.
(SE
E
D
ETAIL
O
N
SH
EET
7)
N
01°4
5'5
6 W" 168.5
P
RIV
A
T
E
R
O
(N
O
T
CIT
Y
MAIN
T
AIN
E
D
<N40°01'25"E>(R1)
<N40°01'24"E>(R6)
N
07°14'20"E
237.38'
N37°18'50"W
236.49' TOTAL
195.76'

27.38' 63.73'
N82°45'40"W 96.71' TOTAL

5.60'
6"W
N
01°4
5'5
6 W" 95.66'
N88°14'04"E 13.50'
R=26.00' L=40.84'
D=90°00'00"
R=26.00' L=19.59'
D=43°10'37"
N48°35'19"W(R)
20'
168.58'
R
O
A
D
CIT
Y
IN
E
D)
N48°
"W
A.P.N. 266-270-029 JOB NO. 20175 SHEET 6 OF 7 SHEETS

PARCEL MAP

BEING THAT PARCEL OF LAND DESCRIBED IN THE DEED TO NAFIS JAMAL, TRUSTEE OF THE NAFIS JAMAL REVOCABLE TRUST DATED APRIL 17,2014 RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014-119866,

CONTRA COSTA COUNTY RECORDS

CITY OF ORINDA

CONTRA COSTA COUNTY, CALIFORNIA
SUBDIVISION MS 2015-001
OCTOBER 2023 SCALE: 1 in. = 50 ft.

DeBolt Civil Engineering
Danville, California 94526

SCALE IN FEET
50 25 0 50 100

PARCEL 'C'
(SEE SHEET 5)

GEOLOGIC HAZARD ABATEMENT DISTRICT EASEMENT
FOUND STANDARD STREET MONUMENT (94-M-48)
AS LISTED ON SHEET 2

SANITARY SEWER EASEMENT

RADIAL BEARING
SET 1/2" REBAR & CAP -- LS 9583

STORM DRAINAGE EASEMENT

PACIFIC TELEPHONE EASEMENT

PRIVATE ACCESS & UTILITY EASEMENT
< >(R0) RECORD INFORMATION PER REFERENCE NUMBER
( R )
S.S.E.

G.H.A.D.

P.A.& U.E.

S.D.E.

P.T.T.

LEGEND
F.3.a
Packet Pg. 39
Attachment: Attachment A 88 Sunnyside PM_PC#5 Conditionally Approved_2023.10.25 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Approvals)

OPEN SPACE EASEMENT
(SEE SHEET 6)
P.A.& U.E.
(SEE SHEET 6)
20'
N38°26'00"W

61.50'

62.63'
N38°26'00"W
9 14
13 15
17 11
N12°54'00"W 142.65'
N12°54'00"W 143.00'
N29°24'50"W 54.15'
N60°35'1
0"E

26.00'

42.68'
N29°24'50"W

6.45'
G.H.A.D.
16 12
10 18
(5' WIDE)
G.H.A.D.

N88°14'04"E

2.00'

52.66'
N85°50'00"W
266.02' TOTAL
N22°48'14"E
115.64'
N49°39'58"W

75.10'
N49°39'58"W

68.59'
N22°48'14"E
117.62'

5.28'
N70°59'05"E

59.35'
N70°59'05"E

58.71'
N61°25'00"W

72.82'
N61°25'00"W

77.60'

40.85'
N06°58'43"W
N06°58'43"W

42.21'
N31°04'37"W 86.24' N31°04'37"W 124.76'
N31°04'37"W 89.68' N31°04'37"W 121.15'
N
55°51'08"E

42.00'

74.04'
N
8 7°18'50"W

6.01'

26.00'
N34°08'52"W
N34°08'52"W

26.00'

36.30'
N
55°51'08"E 12.85'
8 7
1 3
5 4
6 2
G.H.A.D.
(5' WID
E)
N87°18'50"W
507.63' TOTAL
G.H.A.D.
(5' WIDE)
G.H.A.D.

PARCEL 'D'
(SEE SHEET 6)

PARCEL 'C'
(SEE SHEET 5)
N37°18'50"W
236.49'
N82°45'40"W

96.71'
N
44°47
3' 6"E 187.00' (TIE)
N03°16'42"E 96.44' (TIE)
(5' WIDE)
G.H.A.D.
(SEE SHEET 5)
P.A.& U.E.
(NOT CITY MAINTAINED)
ROAD

PRIVATE
A.P.N. 266-270-029 JOB NO. 20175 SHEET 7 OF 7 SHEETS

PARCEL MAP

BEING THAT PARCEL OF LAND DESCRIBED IN THE DEED TO NAFIS JAMAL, TRUSTEE OF THE NAFIS JAMAL REVOCABLE TRUST DATED APRIL 17,2014 RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014-119866,

CONTRA COSTA COUNTY RECORDS

CITY OF ORINDA

CONTRA COSTA COUNTY, CALIFORNIA
SUBDIVISION MS 2015-001
OCTOBER 2023 SCALE: 1 in. = 30 ft.

DeBolt Civil Engineering
Danville, California 94526

GEOLOGIC HAZARD ABATEMENT DISTRICT EASEMENT
FOUND STANDARD STREET MONUMENT (94-M-48)
AS LISTED ON SHEET 2

SANITARY SEWER EASEMENT

RADIAL BEARING
SET 1/2" REBAR & CAP -- LS 9583

STORM DRAINAGE EASEMENT

PACIFIC TELEPHONE EASEMENT

PRIVATE ACCESS & UTILITY EASEMENT
< >(R0) RECORD INFORMATION PER REFERENCE NUMBER
( R )
S.S.E.

G.H.A.D.

P.A.& U.E.

S.D.E.

P.T.T.

LEGEND
30 20 10 0 30 60

SCALE IN FEET

PARCEL 'B'
(SEE SHEET 4)
1 N34°08'52"W 7.79'
N24°24'50"W 8.50'
N24°24'50"W 22.00'
N65°35'10"E 5.00'
N65°35'10"E 16.20'
N24°24'50"W 8.50'
N60°35'10"E 15.65'
N65°35'10"E 5.00'
17 18
12 14
13 16
15 N57°52'00"E 8.50'
N57°52'00"E 22.00'
N32°08'00"W 5.00'
N32°08'00"W 5.00'
N51°34'00"E 5.00'
N60°35'10"E 5.13'
N57°52'00"E 8.50'
N55°51'08"E 7.14'
N34°08'52"W 9.00'
N65°35'10"E 16.64'
6 8
7 9
10 11
2 3
5 4

COURSE DATA
F.3.a
Packet Pg. 40
Attachment: Attachment A 88 Sunnyside PM_PC#5 Conditionally Approved_2023.10.25 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Approvals) 1 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

City Clerk
City of Orinda
22 Orinda Way
Orinda, CA 94563
SPACE ABOVE THIS LINE FOR RECORDER'S USE. This instrument is exempt from Recording Fees (Govt. Code Sec. 27383) and Documentary Transfer Tax (Revenue and Taxation Code • 11922).

SUBDIVISION IMPROVEMENT AGREEMENT
88 Sunnyside Lane, Parcel Map Subdivision MS 2015-001
THIS AGREEMENT is made effective this __ day of ___________, 2023 (“Effective Date”), by and between, Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014 (“Subdivider"), and the City of Orinda, a municipal corporation ("City").

RECITALS
A. Subdivider is the owner of that certain real property located at 88 Sunnyside Lane in the City of Orinda, County of Contra Costa, State of California, which consists of approximately 24.03 acres designated as Assessor’s Parcel No. 266-270-029, and is more particularly described in Subdivision MS-2015-001 (the “Property"). The Property is more particularly described in Exhibit A, which is attached and incorporated herein by reference.

The Property includes all lots and parcels within the Project, as defined below.

B. On September 30, 2015, Subdivider submitted an application for Vesting Tentative Map No. MS-2015-001, to subdivide the Property. Subdivider also submitted an application for Tree Removal Permit No. TRP-2019-032. Land use entitlements for the development of the 88 Sunnyside Lane minor subdivision include subdivision of the existing 24.03-acre lot into four (4) parcels suitable for development, removal of approximately eleven (11) protected trees, and granting to the city of an open space easement covering a total of eight and one-tenth (8.1) acres (collectively, the “Project”).

C. On February 11, 2020, the Planning Commission adopted the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the Project.

D. On February 11, 2020, the Planning Commission approved the Project, through the adoption of Statement of Official Action SOA-2020-004, subject to the Conditions of Approval (“Conditions”). The Vesting Tentative Map designates, among other things, lots for four (4) single family residential units, and eight and one-tenth (8.1) acres of open space easement granted to the City of Orinda.

F.3.b
Packet Pg. 41
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 2 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
E. Section 16.28.150 of the Orinda Municipal Code requires, as a condition of approval and recordation of a Parcel Map, the Subdivider to execute this Subdivision Improvement Agreement guaranteeing the completion of the improvements.

F. The improvements required by the Conditions that have yet to be constructed (hereinafter, the “Improvements”) are described on the improvement plans prepared by DEBOLT Civil Engineering and entitled “Improvement Plans for 88 Sunnyside Lane Subdivision MS 2015-001”, consisting of twenty-three (23) sheets, dated July 11, 2022 (the “Improvement Plans”), which Improvement Plans have been approved by the City Engineer. The Improvements are also described in Exhibit B, which is attached and incorporated herein by reference.

G. As of the date of this Agreement, the City Engineer has approved the Improvement Plans as required to satisfy the applicable requirements of the Conditions.

The Improvement Plans, as approved, shall be retained at the Orinda City Hall under the title “88 Sunnyside Lane Subdivision MS 2015-001”.

H. Subdivider has submitted for approval and acceptance a Parcel Map for the Project. Approval of that map and its recordation has been requested prior to completion of the Improvements as described on the Improvement Plans.

I. This Agreement is entered into in accordance with the Conditions, the Subdivision Map Act (Government Code Sections 66410 et seq.) and the other applicable ordinances, rules, regulations, and determinations of the City.

NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, it is agreed between the Subdivider and the City (collectively, the “Parties”) as follows:

1. Purpose. The purpose of this Agreement is to: (a) guarantee construction and completion of the Improvements in accordance with the Improvement Plans; and (b) ensure satisfactory performance by the Subdivider of Subdivider's obligations with respect thereto. The recitals set forth above are hereby made a part of this Agreement.

2. Improvements as a Benefit. Subdivider agrees that the Improvements, which Subdivider is obligated to provide, will materially benefit the Property and are necessary to comply with the Conditions and applicable law.

3. Duty to Install Improvements. Subdivider agrees to construct, install, and complete, or cause to be constructed, installed, and completed, all of the Improvements, in accordance with the Improvement Plans, at the Subdivider's own expense.

4. Performance of Work. Subdivider agrees that the work necessary to construct and install the Improvements will be done in a good and workmanlike manner in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City's Municipal Code ("Code") and rulings made under it. In the event that any conflict between the Improvement Plans and the Code should arise after the date F.3.b
Packet Pg. 42
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 3 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
of this Agreement but before the City issues a Certificate of Completion (defined below) for the Improvements, the provisions of the Code shall control, but only to the extent consistent with the terms of the Conditions. Further, the work will be conducted in accordance with the requirements and procedures listed in the Conditions, in accordance with all City standards, specifications and applicable laws, rules and regulations, and to the satisfaction of the City. It is agreed that the City shall have the right to reject any or all of the work performed under this Agreement if such work does not conform to the Conditions, Improvement Plans, Stormwater Control Plan, City standards and specifications, or any applicable law, rule, or regulation.

5. Commencement of Construction - Notice. At least fourteen (14) calendar days before the commencement of construction of any Improvements, Subdivider shall notify the City in writing of the date fixed by Subdivider for commencement so that the City is able to provide any necessary inspection services.

6. Completion. The Improvements required under this Agreement shall be completed by the Subdivider within three (3) years of the date of this Agreement or prior to the first certificate of occupancy (or equivalent) for the first building constructed within the Project, whichever occurs first.

7. Time of Essence - Extension. Time is of the essence under this Agreement. However, in the event good cause is shown, the City may extend the time for completion of the Improvements. Any extensions which may be granted will not relieve Subdivider of the obligation to meet the improvement security requirements of this Agreement, or the requirements of the Orinda Municipal Code and California Government Code section 66499, as each may be amended from time to time. Before the City will grant an extension, Subdivider must show good cause satisfactory to the City for the extension and provide evidence satisfactory to the City that sufficient security will remain in place during the term of the extension to ensure the faithful performance of this Agreement.

These determinations shall be made by the City in its sole discretion.

8. Supplying “Record Drawing” Plans. Upon completion of the Improvements and prior to certification of completion, Subdivider shall supply the City, at no cost to the City, one mylar (4 mils) set of “record drawings” as well as a digital record set of the same drawings. These drawings shall be certified as being “record drawings” and shall reflect the Improvements as actually constructed, with all changes to the Improvement Plans incorporated therein.

9. Notice and Certification of Completion. Subdivider shall advise the City in writing of the completion of the Improvements herein specified and request certification of completion. Upon receipt of Subdivider’s request for certification of completion, City shall promptly inspect the Improvements. If the City determines, upon such inspection, that the Improvements have been satisfactorily completed, the City shall issue a certificate indicating the same (the “Certificate of Completion”). For the purposes of this Agreement, the date of completion shall be the date that the City issues a Certificate of Completion.

F.3.b
Packet Pg. 43
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 4 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001

10. Acceptance of Improvements.
(a) City Improvements. None.
(b) Other Public/Quasi-Public Improvements. Ownership of and/or maintenance responsibility for the other public/quasi-public Improvements described in Exhibit B will not be accepted by the City, but will be accepted by the public/quasi-public entities described below. Therefore, the City’s issuance of a Certificate of Completion for any such Improvements shall not constitute acceptance of any offer of dedication made by Subdivider, it shall only constitute City’s determination that those Improvements have been completed satisfactorily.
(i) Water Facilities – East Bay Municipal Utility District (“EBMUD”) (ii) Sanitary Sewer Improvements - Central Contra Costa Sanitary District (“Central San”)
(iii) Electrical and Natural Gas Facilities - Pacific Gas & Electric (“PG&E”)
(iv) GHAD Improvements per the approved Plan of Control – Orinda Geologic Hazard Abatement District (“GHAD”)
(c) Non-public Improvements. The City’s issuance of a Certificate of Completion for all non-public improvements described in Exhibit B, including, but not limited to the private street improvements within the Project, shall not constitute acceptance of any offer of dedication made by Subdivider, it shall only constitute City’s determination that those Improvements have been completed satisfactorily.

11. Adequacy of and Revisions to Plans. Subdivider warrants that the Improvement Plans are adequate to construct and complete the Improvements. If, at any time before the City issues a Certificate of Completion, the Improvement Plans prove to be inadequate in any respect, the Subdivider shall bring those inadequacies to the attention of the City. Similarly, if the City discovers that the Improvement Plans are inadequate in any respect, the City shall notify the Subdivider of the inadequacy/inadequacies. If such inadequacies are discovered, the Subdivider shall make changes to the Improvement Plans to remedy the inadequacies and, upon approval of the revised Improvement Plans by the City, complete the Improvements according to the revised Improvement Plans, at the Subdivider's own expense.

12. Maintenance of Improvements. Subdivider agrees to maintain the Improvements in good condition and repair and guarantee the Improvements against any defective workmanship and materials. A warranty period shall not apply to those Improvements that will be privately maintained. For example, private street improvements will be maintained by a Homeowner’s Association and private driveway improvements will be maintained by individual property owners. The City will have no ownership or maintenance responsibilities for the Improvements.

F.3.b
Packet Pg. 44
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 5 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001

13. Duty to Maintain Landscaping. Subdivider agrees to diligently maintain in good repair the landscaping it installs, as a part of the Improvements, for one (1) year after the City issues the Certificate of Completion. The Subdivider or its successor shall employ the standard of care necessary to prevent the landscaping from substantially deteriorating during this time.

14. Nonperformance and Costs. If, within the time specified in this Agreement and any approved extension, Subdivider fails to complete the Improvements, to act promptly as required by this Agreement, or to otherwise breach this Agreement, the City shall provide fifteen (15) calendar days written notice to Subdivider and Subdivider’s surety, if any, of such failure (“Notice”), proceed to complete the Improvements pursuant to the Improvement Plans, by contract or otherwise, and Subdivider, immediately upon demand, shall pay the costs and charges incurred by City for said work, together with a fifteen percent (15%) administrative charge.

In the event of any such Notice, Subdivider's surety, if any, shall have the duty to take over and complete the work and the required Improvements; provided, however, that if the surety within thirty (30) calendar days after the serving of such Notice upon it does not give the City written notice of its intention to correct the deficiencies or complete the work within sixty (60) calendar days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Subdivider, and the Subdivider's surety shall be liable to City for any excess costs of damages incurred by the City, including reasonable attorney’s fees and interest from the date of notice of such costs until the costs have been satisfied. If the form of improvement security is other than a bond, then the City, after giving notice of breach of the Agreement, may proceed to collect against the improvement security in the manner provided by law and by the terms of the security instrument.

15. Remedies. The City may bring legal action to: (1) compel performance of the Agreement; (2) ensure compliance with the Conditions; and (3) recover the costs (including the City's administrative costs) of completing the Improvements pursuant to Paragraph 14. The City may also seek any and all remedies available in law or equity. The Subdivider agrees that, if legal action is brought by the City, the Subdivider shall pay all of the costs of suit and reasonable attorneys' fees and all other expenses of litigation as determined by the court having jurisdiction over such suit, if such court rules that the Subdivider has failed to carry out any of its obligations under this Agreement.

16. Responsibilities for Damage. Any damage to the sewer system, utilities, concrete work, or street paving, or to any portion of adjacent properties that is caused by Subdivider or its employees, agents, or contractors, and that occurs during or from the project construction shall be completely repaired by the Subdivider to the satisfaction of the City.

17. Utility Deposits. Subdivider shall satisfy the City that it has made the deposits required for utilities to be supplied and connected with the applicable portion of the Project prior to obtaining a certificate of occupancy for a single family residential unit.

F.3.b
Packet Pg. 45
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 6 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001

18. Permits and Fee-Payments. As required by the Conditions, Subdivider shall obtain all necessary permits and licenses for the construction of the Improvements, and shall pay all fees and taxes required by applicable law, including state law and local ordinance.

19. Superintendence by Subdivider. Subdivider shall have a competent foreman or superintendent with the authority to act for Subdivider, on the work site, during the course of construction of the Improvements.

20. Inspections - Payment of Fees. The City is authorized to enter the Property for inspection purposes at any time. Subdivider shall at all times maintain the Property so that the City and any agency authorized to make inspections can safely access and inspect all parts of the Property. Subdivider shall pay to the City the cost of inspecting the Improvements, including the costs of staff time and any consulting services determined to be necessary by the City, consistent with the City’s fee schedules.

21. Estimate of Costs; Security. The estimated cost of the Improvements to be constructed under this Agreement is $1,370,000.00 and is more fully described in Exhibit C, attached hereto. Subdivider shall at all times guarantee Subdivider's performance of this Agreement by furnishing to the City and maintaining good and sufficient security as required by the Subdivision Map Act and the Orinda Municipal Code Sections 16.28.160 and 16.28.170.
(a) Concurrently either with the execution of this Agreement or with the recordation of the Parcel Map, whichever shall later occur, Subdivider shall furnish to the City, in the form of cash deposit, surety bond, or other instrument of credit acceptable to the City, good and sufficient security in the following amounts:
(i) Faithful performance security in the amount of $1,356,300.00 (the total estimated cost of the Improvements, minus the amount of the Cash Deposit defined in subsection (iii) below) for faithful performance and guarantee of the work associated with the construction and completion of the Improvements (“Faithful Performance Security”). Liability upon the
Faithful Performance Security shall both include, and be limited to, the matters specified in Section 66499.9 of the California Government Code; and
(ii) Payment security in the amount of $685,000.00 (50% of the estimated cost) to secure payment to contractors,
subcontractors and persons furnishing labor, materials or equipment (“Payment Security”); and
(iii) Cash Deposit in the amount of $13,700.00 (one percent (1%) of the estimated cost of construction of the Improvements set F.3.b
Packet Pg. 46
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 7 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
forth on Exhibit C), consistent with the City’s Municipal Code Section 16.28.160 (“Cash Deposit”).
(b) Upon the issuance of a Certificate of Completion for all or a part of the Improvements by the City, City shall reduce and release each security in compliance with the Orinda Municipal Code Sections

16.28.160 and 16.28.170, and California Government Code Section 66499.7, as follows:
(i) Pursuant to City Municipal Code Section 16.28.160, after Subdivider successfully completes construction of the
Improvements pursuant to the Improvement Plan for such
Improvements and receives a Certificate of Completion, the Faithful Performance Security and the Cash Deposit shall be released in full;
(ii) Pursuant to City Municipal Code Section 16.28.170, six (6) months after the issuance of the Certificate of Completion for the Improvements, the City shall reduce the amount of the Payment Security to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City; and if no such action(s) have been filed, the Payment Security for such Improvement shall be released in full.
(c) Subdivider shall also furnish evidence of the security posted for the Improvements required, if any, by EBMUD, Central San, PG&E, and other utility providers. Subdivider shall not be required to post duplicate security for such Improvements.
(d) The instruments of credit referenced above shall be special account(s), the funds of which may not be withdrawn by the Subdivider without the approval of the City; provided, however, the City shall have the right to make withdrawals from such instruments of credit if, pursuant to Paragraph 14, above, the Subdivider fails to complete the work under the terms of this Agreement.
(e) Following completion and acceptance of one or more Improvements, Subdivider may request that the City reduce the amount of security held, but no single reduction of security shall be less than twentyfive percent (25%) of the total estimated cost of the Improvements, nor shall the total number of requests for reduction of security exceed three (3) in number nor shall the aggregate of all partial reductions exceed seventy-five percent (75%) of the original amount of the improvement security.

F.3.b
Packet Pg. 47
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 8 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
(f) Where the performance of an obligation for which a security is required is subject to the approval of another agency, the City shall comply with Section 66499.8 of the California Government Code. (g) The securities required by this Agreement shall be kept on file with the City. The terms of the security documents referenced in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another security approved by the City, the replacement shall be filed with the City Manager and, upon filing, shall be deemed to have been made part of and incorporated into this Agreement. Upon filing of a replacement security with the City Manager, the former security shall be released.

22. Erosion Control. Consistent with the Conditions, Subdivider shall comply with the San Francisco Regional Water Quality Control Board and Cityapproved Stormwater Pollution Prevention Plan and Erosion Control Plans for the Project during construction of all Improvements to prevent erosion damage to the Property and to adjacent properties or improvements.

23. No Waiver by City. Inspection of the work and/or materials, or approval of work and/or materials inspected, or a statement by an officer, agent, or employee of the City indicating the work complies with this Agreement, or acceptance of all of these acts shall not relieve Subdivider of its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages or specific enforcement arising from the Subdivider’s failure to comply with this Agreement. No action or omission by the City shall constitute a waiver of any provision of this Agreement unless expressly provided in writing. No course of dealing between Subdivider and the City, or any delay on the part of the City in exercising any rights hereunder, shall operate as a waiver of any rights by the City, except to the extent these rights are expressly waived in writing by the City.

24. Hold Harmless Agreement. Subdivider shall hold harmless, defend, and indemnify the City, its officers, employees, and agents from and against any and all damage, injury, and/or death to persons and property, and any and all claims, demands, costs, losses, damages, injuries, or liability, including attorneys' fees, howsoever caused, resulting directly or indirectly from the performance or nonperformance of any and all work done or to be done pursuant to this Agreement. Subdivider shall not be required to indemnify and hold harmless the City as set forth in this Paragraph for liability attributable to the sole fault of the City, provided such sole fault is determined by agreement between the Parties or the findings of a court of competent jurisdiction.

25. Subdivider's Insurance. Subdivider may not begin work under this Agreement until Subdivider obtains the insurance required under this paragraph that is acceptable to the City. Further, Subdivider shall not allow an agent, contractor, or subcontractor to begin work on its contract or subcontract until the agent, contractor, or subcontractor obtains all similar insurance required of the agent, contractor, or subcontractor:

F.3.b
Packet Pg. 48
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 9 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
(a) Workers' Compensation Insurance. Subdivider shall maintain, during the life of this Agreement, Workers' Compensation Insurance in accordance with the provisions of California Labor Code sections 3700, et seq., for Subdivider's agents or employees employed at the work site. If any of the work is subcontracted, Subdivider shall require the contractor or subcontractor to provide Workers' Compensation Insurance for such contractor's or subcontractor's employees. If a class of employees is not protected under the Workers’ Compensation law, Subdivider shall provide, and have each contractor and subcontractor provide, adequate insurance for the protection of employees not otherwise protected. Subdivider agrees to indemnify the City for damage resulting to it from failure of Subdivider, agent, contractor, or subcontractor to obtain or maintain such insurance.
(b) Broad Form Comprehensive Liability Insurance.
(i) Subdivider, at its expense, shall procure and maintain, in full force at all times during the term of this Agreement, broad form comprehensive liability insurance with limits of no less than two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, Subdivider shall procure and maintain a limit of liability of no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. The policy is to
contain, or be endorsed to contain, the following provisions:

A) The City, its officers, officials, employees, consultants, and agents are to be covered as additional insureds for liability arising out of activities performed or completed by or on behalf of the Subdivider or Subdivider’s agent, and premises owned, occupied, or used by Subdivider or
Subdivider’s agent. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officers, officials, employees, consultants, or agents.

B) Subdivider's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, consultants, and agents. Any insurance or
self-insurance maintained by the City, its officers,
officials, employees, consultants, or agents shall be in excess of Subdivider's insurance and shall not contribute to it.

F.3.b
Packet Pg. 49
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 10 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
C) Any failure to comply with the reporting provisions of such policies shall not affect the coverage provided to the City, its officers, officials, employees, consultants, or agents.
(ii) Other Insurance Provisions. The policies identified above shall be issued by an insurance carrier having a rating of Best A-/7 or better and shall be delivered to the City at the time of the execution of this Agreement. In lieu of actual delivery of the policy/policies, a certificate issued by the insurance carrier showing the insurance to be in force for the period covered by this Agreement may be delivered to the City. Such policy/policies and such certificates shall be in a form approved by the City Attorney. The policy/policies shall name the City, its officers, officials, employees, consultants and agents as additional insureds and provide for thirty (30) calendar days’ notice of cancellation to the City. The
policy/policies shall not be canceled nor the amount of coverage be reduced earlier than thirty (30) calendar days after the City receives notice from the insurer of the intent of cancellation or reduction.

26. Subdivider Not Agent of City. Neither Subdivider nor its agents or contractors are agents of the City in connection with the performance of Subdivider's obligations under this Agreement.

27. Notice of Breach and Default. If Subdivider refuses or fails to prosecute the work required by this Agreement with such diligence as will ensure its completion within the time specified, or fails to complete the work within such time, or if the Subdivider is adjudged as bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed in the event of Subdivider's insolvency, or if Subdivider or Subdivider's contractors, subcontractors, agents, or employees violate this Agreement, the City may serve written notice upon Subdivider of breach of this Agreement.

28. Breach of Agreement - Performance by City. If the City gives notice of breach of this Agreement, the Subdivider shall provide written confirmation to the City of its intention to correct the deficiencies or complete the work under this contract within thirty (30) calendar days after the date of such notice of breach. If the Subdivider does not correct the deficiencies or complete the work within sixty (60) calendar days after the date of the notice of breach, or such additional time as deemed necessary by the Subdivider and as the City reasonably deems acceptable, the Subdivider shall be deemed in default, and the City may, but is not required to, take over the work and prosecute the same to completion by contract or other method which the City considers advisable, for the account, and at the expense, of Subdivider. In this event, the City, without liability for doing so, may take possession of and utilize in completing the work such materials, appliances, plants, and other property belonging to Subdivider as may F.3.b
Packet Pg. 50
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 11 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
be on the work site and necessary for completion of the work. The City may withdraw from the security specified in Paragraph 21 of this Agreement to pay the face amount of the obligations for completion of the work, as well as any additional costs and reasonable expenses and fees, including reasonable attorney's fees and interest from the date of notice of such costs until the costs have been satisfied, incurred by the City of Orinda in successfully enforcing the obligations under this Agreement. In the event the cost of completing the work under this contract exceeds the amount contained in the security deposits specified under Paragraph 21, the Subdivider shall be responsible for any additional costs actually incurred by the City.

29. Notices. All notices required shall be in writing and delivered by Registered mail, postage prepaid, or any nationally recognized overnight courier that routinely issues receipts (e.g., FedEx). A party may change its address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. All notices shall be deemed received three (3) business days after dispatch by United States Postal Service regular mail, or one (1) business day after dispatch by a reputable overnight courier service.

Notices to be given to the City shall be addressed as follows:

City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
With a cc to:

Shute, Mihaly & Weinberger
396 Hayes Street
San Francisco, CA 94102
Attn: City Attorney
Notices to the Subdivider shall be addressed as follows:

Diamond Construction, Inc.

P. O. Box 477
Lafayette, CA 94549
Attn: Mr. Jeffrey Stone
F.3.b
Packet Pg. 51
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 12 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
Notices required to be given surety, if any, of Subdivider shall be addressed as follows:

30. Change of Subdivider. If the Subdivider voluntarily ceases to have any legal interest in the Property, then a notice to that effect shall be filed with the City. The notice shall include the name and address of the new owner of the Property, submittal of a new security in accordance with Section 21 of this Agreement (at which time the original security will be released), and a certified copy of the recorded deed. Unless a new agreement between the City and any successor owner is entered into, Subdivider shall provide the City with an assignment and assumption agreement between Subdivider and the successor owner relating to rights and obligations under this Agreement. Subdivider shall thereafter have no further obligations to the City under this Agreement except for any liability or obligations arising prior to such transfer.

31. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Parties.

32. Agreement Attaches to the Land - Recordation. This Agreement pertains to and runs with the Property. This Agreement shall be recorded in the office of the County Recorder at the expense of the Subdivider prior to recordation of Parcel Map MS 2015-001 and shall constitute notice to all successors and assigns of and to the Property of the obligations set forth herein.

33. Miscellaneous Terms and Provisions.
(a) If any provision of this Agreement is adjudged illegal, inoperative, or invalid, the remaining provisions of this Agreement, to the extent practicable, shall continue in full force and affect.
(b) This Agreement contains a full, final and exclusive statement of the Agreement of the Parties regarding the subject matter hereof. (c) The obligations upon the Subdivider signing this Agreement terminate upon conveyance of Subdivider’s legal interest in the Property, upon filing of a written assignment and assumption agreement with the County Recorder, and in compliance with Paragraph 30, above.
(d) This Agreement shall be administered, interpreted and enforced under the laws of the State of California and the City of Orinda. In F.3.b
Packet Pg. 52
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 13 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
case of dispute, venue shall reside in Contra Costa County, California.
(e) Subdivider warrants and represents that the person signing on behalf of Subdivider has the authority to execute this Agreement on behalf of Subdivider, and has the authority to bind the Subdivider and the Property to the terms and obligations set forth in this Agreement.

Subdivider agrees that this Agreement, and any instrument or agreement required hereunder, are within the Subdivider's powers, and have been duly authorized and delivered, and do not conflict with Subdivider's organizational powers.
(f) Subdivider agrees that this Agreement is a valid, legal, and binding Agreement, enforceable against Subdivider in accordance with its terms, and that any instrument or agreement required hereunder, when executed and delivered, will be similarly legal, valid, binding, and enforceable. Subdivider agrees that this Agreement does not conflict with any law, agreement, or obligations by which Subdivider is bound.
[Signature Page Follows]
F.3.b
Packet Pg. 53
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 14 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
IN WITNESS WHEREOF, the Parties have executed the Agreement on the day and year above written.

City of Orinda,
a municipal corporation,
By: _____________________
David Biggs
City Manager
(Signature Must be Notarized)
Attest:
______________________
Sheri M. Smith
City Clerk
Approved as to Form:
______________________
Osa Wolff
City Attorney
Subdivider,
Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014 By: _____________________
Name:

Title:
(Signature Must be Notarized)
F.3.b
Packet Pg. 54
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 15 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001

ACKNOWLEDGMENT
State of California
County of _____________________________)
On _________________________ before me, _________________________________________ (insert name and title of the officer)
personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

F.3.b
Packet Pg. 55
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 16 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
Exhibit “A”

LEGAL DESCRIPTION
Parcels “A” through “D”, inclusive, as shown on the Parcel Map Subdivision MS 2015-001, filed ______________, 2023, in Book _____ of Parcel Maps at Page _____, in the Official Records of the County of Contra Costa, State of California (“Official Records”).

F.3.b
Packet Pg. 56
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 17 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
Exhibit “B”

DESCRIPTION OF IMPROVEMENTS
City Improvements: None.

Other Public/Quasi-Public Improvements:
(a) Water Facilities – East Bay Municipal Utility District (“EBMUD”) (b) Sanitary Sewer Improvements - Central Contra Costa Sanitary District (“Central San”)
(c) Electrical and Natural Gas Facilities - Pacific Gas & Electric (“PG&E”)
(d) GHAD Improvements per the approved Plan of Control, including (i) Site Drainage Infrastructure to adequately collect and convey stormwater runoff entering or originating on the property (see GHAD Plan of Control) including, but not limited to concrete ditches, field inlets, trench drains, storm drain manholes, pipes, energy dissipators, headwalls, rip-rap erosion protection, retaining walls, debris benches, stitch piers, and outfall structures; and (ii) Stormwater Management Infrastructure in conformance with the requirements of Chapter 18.02 of the Orinda Municipal Code (see GHAD Plan of Control), including but not limited to stormwater flow-through planters and bioretention planters.

Non-public Improvements:
(a) Street Improvements, including new streets, driveways, and improvements to Sunnyside Lane including, but not limited to curbs, pavement, signing, striping, longitudinal and transverse drainage facilities, and other appurtenances as shown on the Improvement Plans.

F.3.b
Packet Pg. 57
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution 18 88 Sunnyside Lane Subdivision Improvement Agreement
28652956.1/059582.0001
Exhibit “C”

ESTIMATED COST OF IMPROVEMENTS
1593597.5
F.3.b
Packet Pg. 58
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution

DESCRIPTION AMOUNT
A ROADWAY INFRASTRUCTURE (PRIVATE) $518,317
B UTILITY INFRASTRUCTURE (PRIVATE) $348,945
C STORM WATER TREATMENT FACILITIES (PRIVATE) $113,908
D GEOTECHNICAL MITIGATION/REMEDIATION WORK (PRIVATE) $264,144 SUBTOTAL $1,245,314
10% Contingency $124,531
TOTAL ESTIMATED COST OF IMPROVEMENTS* $1,370,000
1)
2)
3)
4)
* Total estimated cost of improvements is rounded up to nearest $1,000.

Where applicable, unit costs taken from Contra Costa County Public Works' memorandum titled, 'Land Development - Unit Price Guide for Improvement Bond Estimate' dated March 1, 2020.

PRIVATE IMPROVEMENTS BOND ESTIMATE
SUBDIVISION MS 2015-001
This engineer's opinion is based on the Improvement Plans, prepared by DeBolt Civil Engineering dated October 13, 2023.

This estimate is provided for fee calculation only. There may be additional costs incurred by the developer that are not included herein. 88 SUNNYSIDE LANE, ORINDA, CA
All facilities included in this estimate are private. No public improvements are included with this scope of work.

D E B O L T Estimate Date: 10/13/2023
F.3.b
Packet Pg. 59
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution

A ROADWAY INFRASTRUCTURE (PRIVATE)
1 Mobilization 1 LS $ 5,000 $ 5,000
2 Finished grading within right of way 36,600 SF $ 0.45 $ 16,470 3 Sawcut existing pavement 1,960 LF $ 2.50 $ 4,900
4 Remove existing pavement 1,960 SF $ 0.70 $ 1,372
5 Type S1-6 concrete curb 1,450 LF $ 40.00 $ 58,000
6 8" Asphalt Concrete (12,630 SF) 630 TON $ 200 $ 126,000 7 2.5" Asphalt Concrete (22,800 SF) 360 TON $ 200 $ 72,000 8 11" aggregate base (22,800 SF) 1,520 TON $ 40.00 $ 60,800 9 Traffic signs 22 EA $ 600 $ 13,200
10 Trench drain 1 EA $ 500 $ 500
10 Erosion Control 1 LS $ 5,000 $ 5,000
11 2x8 Redwood Header 1,450 LF $ 3.50 $ 5,075
12 Concrete retaining wall 2,500 SF $ 60.00 $ 150,000
SUBTOTAL $ 518,317

B UTILITY INFRASTRUCTURE (PRIVATE)
13 Trench drain 1 EA $ 500 $ 500
14 Tie Into Existing Storm Drain 1 EA $ 1,800 $ 1,800
15 12" HDPE 604 LF $ 75.00 $ 45,300
16 8" HDPE 14 LF $ 50.00 $ 700
17 Type "A" Catch Basin 10 EA $ 3,000 $ 30,000
18 Tie into Existing Sanitary Sewer 1 LS $ 1,800 $ 1,800 19 Sanitary Sewer Cleanout 4 EA $ 1,500 $ 6,000
20 4" HDPE Gravity Sewer 521 LF $ 34.00 $ 17,714
21 2" HDPE Sewer Force Main 902 LF $ 17.00 $ 15,334
22 Sanitary Sewer Lift Station 3 LS $ 9,800 $ 29,400
23 3" PVC C900 Water Pipe 1,094 LF $ 25.50 $ 27,897
24 Fire Hydrant 5 EA $ 3,500 $ 17,500
25 Connect to Existing Water System 1 EA $ 5,000 $ 5,000 26 Joint Trench 1 LS $ 150,000 $ 150,000
SUBTOTAL $ 348,945

PRIVATE IMPROVEMENTS BOND ESTIMATE
SUBDIVISION MS 2015-001
88 SUNNYSIDE LANE, ORINDA, CA
D E B O L T Estimate Date: 10/13/2023
F.3.b
Packet Pg. 60
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution

C STORM WATER TREATMENT FACILITIES (PRIVATE)
27 Basin excavation 340 CY $ 115 $ 39,100
28 Sandy loam (18" depth) 3,060 SF $ 0.75 $ 2,295
29 Turf grass 3,060 SF $ 0.60 $ 1,836
30 3" mulch 3,060 SF $ 0.65 $ 1,989
31 Class 2 perm (30" depth) 3,060 SF $ 7.00 $ 21,420
32 HDPE Liner 3,200 SF $ 0.85 $ 2,720
33 Sub-drain 156 LF $ 48.00 $ 7,488
34 Irrigation 3,060 SF $ 3.00 $ 9,180
35 12" HDPE 180 LF $ 75.00 $ 13,500
36 Rock Rip-Rap Outfall 4 EA $ 500 $ 2,000
36 Energy Dissipator Trench 4 EA $ 2,000 $ 8,000
37 Overflow drains (Oldcastle 24"x24") 4 EA $ 1,000 $ 4,000 38 Drain inlet label 4 EA $ 95.00 $ 380
SUBTOTAL $ 113,908

D GEOTECHNICAL MITIGATION/REMEDIATION WORK (PRIVATE)
39 Landslide Repair (Over-excavate & Backfill) 1 LS $ 100,000 $ 100,000 40 Stitch Pier Walls 150 LF $ 125 $ 18,750
41 Bulkhead Anchor Wall 90 LF $ 450 $ 40,500
42 Tie Backs 15 EA $ 2,500 $ 37,500
43 Geobrugg Spider 4,900 SF $ 3.60 $ 17,640
44 Concrete Lined Ditch 850 LF $ 18.00 $ 15,300
45 15% Contingency (Geotech Mitigation Only) 1 LS $ 34,454 $ 34,454 SUBTOTAL $ 264,144
SUBDIVISION MS 2015-001
88 SUNNYSIDE LANE, ORINDA, CA

PRIVATE IMPROVEMENTS BOND ESTIMATE
D E B O L T Estimate Date: 10/13/2023
F.3.b
Packet Pg. 61
Attachment: Attachment B 88 Sunnyside Lane_ SIA_final _06.26.2023_clean (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution Recording Requested By:

CITY OF ORINDA
Return to: CITY OF ORINDA
City Clerk
22 Orinda Way
Orinda, CA 94563
______________________________________________________________________________

Document Title

CITY OF ORINDA

STORMWATER OPERATIONS

AND MAINTENANCE AGREEMENT

AND RIGHT OF ENTRY
PROJECT: 88 Sunnyside Lane Minor Subdivision (MS 2015-001) OWNER’S NAME: Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014
ASSESSOR’S PARCEL NUMBER: 266-270-029
F.3.c
Packet Pg. 62
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for

STORMWATER OPERATIONS AND MAINTENANCE AGREEMENT

AND RIGHT OF ENTRY
This Stormwater Operations and Maintenance Agreement and Right of Entry (“Agreement”) is made and entered into this ____________ day of ________________, 2023, by and between Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014, (“Applicant”), and the City of Orinda, a municipal corporation (“City”). The Applicant and the City are collectively referred to below as “Parties.”
RECITALS:

This Agreement is made and entered into with reference to the following facts:

WHEREAS, the Applicant is the owner of that certain real property located at 88 Sunnyside Lane in the City of Orinda, County of Contra Costa, State of California, which consists of approximately 24.03 acres designated as Assessor’s Parcel No. 266-270-029, and is more particularly described in Subdivision MS 2015-001 (the “Property"). The Property is more particularly described in Exhibit A, attached hereto and incorporated by reference; and,
WHEREAS, Stormwater pollution prevention measures (hereinafter “BMPs”) have been installed on the Property; and
WHEREAS, the City’s Stormwater Management and Discharge Control Ordinance No. 13-02, § 1 (“Ordinance”) requires proper operation and maintenance of the BMPs constructed on the Property (Orinda Municipal Code § 18.02.080); and,
WHEREAS, the Stormwater Control Plan for the Project, dated August 7, 2020, states that the owner of the Property will be responsible for operation and maintenance of the BMPs on the Property, including a bioretention facility and all associated stormwater infrastructure; and, WHEREAS, the Stormwater Control Plan is attached hereto as Exhibit B; and, WHEREAS, the Stormwater Facilities Operation & Maintenance Plan for the Project (“Stormwater O&M Plan”), dated December 18, 2020, includes a maintenance schedule for the BMPs constructed on the Property; and,
WHEREAS, the Stormwater O&M Plan provides that following completion of construction, the bioretention facilities will be maintained by the contractor for two years, except for routine policing for trash, which will be done by the owner’s and lessee’s personnel; and, WHEREAS, the Stormwater O&M Plan further provides that during this 2-year period, the owner’s landscape maintenance crew will coordinate to meet with the contractor’s personnel on-site during maintenance. At these times, the contractor’s personnel will demonstrate proper maintenance procedures; and,
F.3.c
Packet Pg. 63
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for WHEREAS, the Stormwater O&M Plan further provides that the property owners or the owners’ landscape maintenance crew will thereafter continue to maintain the bioretention facilities using proper maintenance procedures; and,
WHEREAS, the Stormwater O&M Plan is attached hereto as Exhibit C; and, WHEREAS, the Orinda Geologic Hazard Abatement District (“GHAD”) has taken action to annex the Property into the GHAD; and,
WHEREAS, pursuant to the Plan of Control for Annexation of the Property to Orinda GHAD as it may be amended from time to time (the “Plan of Control”), the GHAD may take responsibility for maintenance of the BMPs in general conformance with the Stormwater Control Plan and the Stormwater O&M Plan beginning no sooner than 9:00 a.m. on the day exactly three years after the first residential building permit is issued by the City of Orinda; and,
WHEREAS, this Agreement memorializes the maintenance, operations, and inspection obligations for the BMPs under the City’s Ordinance, the approved Stormwater Control Plan, the approved Stormwater O&M Plan, and the GHAD Plan of Control (collectively, “approved Plans”).

NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the Parties agree as follows:

SECTION 1
Responsible Operator: The term “Responsible Operator” as used herein shall apply to the Applicant as long as it holds title to the Property, and thereafter to the subsequent purchasers of the Property.

SECTION 2
Responsibility for Operation and Maintenance: The Responsible Operator will make available copies of the approved Plans at the Property with the maintenance manager or other managing agent.

Responsible Operator must, at its sole cost and expense and in compliance with the Ordinance and the approved Plans, maintain the BMPs in good working order and condition, acceptable to the City, until such time as the Orinda GHAD assumes maintenance responsibility.

SECTION 3
Inspection by Responsible Operator: The Responsible Operator, at its own expense, shall conduct inspections of the BMPs on the Property according to the General Maintenance Rules and Maintenance Activities established by Section VII in the Stormwater O&M Plan.

SECTION 4
Right of Entry and Facility Inspection by the City: The Responsible Operator hereby grants permission to the City, its authorized agents, employees, consultants, and contractors, and the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, the Contra Costa F.3.c
Packet Pg. 64
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board to enter the Property, and to inspect the BMPs whenever any of the foregoing entities deems it necessary to enforce provisions of the City's Stormwater and Urban Runoff Pollution Control Ordinance or the approved Plans or whenever the City or any other agency has a reasonable basis to believe that a violation of this Agreement, the Stormwater O&M Plan, the Stormwater Control Plan, or the National Pollution Discharge Elimination System Permit has occurred, is occurring, or is likely to occur with regard to the Property. These entities may enter the Property at any reasonable time to inspect the BMPs and BMP operations, to inspect and copy records related to storm water compliance, and to collect samples and take measurements. These entities will provide reasonable notice to the Responsible Operator prior to entry.

SECTION 5
Failure to Perform Required Facility Repairs or Maintenance by the Responsible Operator: If the Responsible Operator or its successors fail to maintain the BMPs in good working order and in accordance with the approved Plans and the City’s Ordinance, the City, with reasonable prior notice, may enter the Property to return the BMPs to good working order. The City is under no obligation to maintain or repair the BMPs, and this Agreement may not be construed to impose any such obligation on the City. If the City, under this section, takes any action to return the BMPs to good working order, the Responsible Operator shall reimburse the City for all its costs. The City will provide the Responsible Operator with an itemized invoice of the City’s costs and the Responsible Operator will have 30 days to pay the invoice. If the Responsible Operator fails to pay the invoice within 30 days, the City may recover its costs to return the BMPs on the Property to good working order by pursuing any available legal or equitable remedy, including making the cost of abatement of the nuisance caused by the failure to maintain the BMPs on the Property a special assessment against the Property that may be collected at the same time and in the same manner as ordinary municipal taxes are collected as provided in Government Code section 38773.5. The City may also recover the payment of, or reimbursement to the City for, any fines or penalties that may be levied against the City by the Regional Water Quality Control Board or any other regulatory agency, to the extent that the fines or penalties result from the Responsible Operator's failure to properly maintain the BMPs. This Section 5 does not prohibit the City from pursuing other legal recourse against the Responsible Operator.

SECTION 6
Indemnity: The Responsible Operator agrees to defend, indemnify and hold harmless the City, its officials, employees, representatives, and authorized agents (“City Indemnitees”) from any and all damages, accidents, casualties, injuries, occurrences, actions, demands, losses, costs, expenses, suits, claims, judgments, or liability whatsoever, including reasonable attorney’s fees, which might arise or be asserted against the City as a result of the City’s exercise of its rights under this Agreement or arising directly or indirectly from the design, construction, use, operation, or maintenance of the BMPs on the Property and which are in any way connected with the design, construction, operation, presence, existence, or maintenance of the BMPs by the Responsible Operator. If requested by any of the City Indemnitees, the Responsible Operator shall defend the action or proceeding at the Responsible Operator's sole expense with counsel reasonably acceptable to the City Indemnitees. Notwithstanding the foregoing, the Responsible Operator shall not be required to indemnify any such parties from liability caused by the sole negligent act F.3.c
Packet Pg. 65
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for or intentional misconduct of the City Indemnitees, their officers, employees, agents, representatives, and invitees.

The Responsible Operator’s obligations with respect to indemnification will remain effective, notwithstanding the expiration or termination of this Agreement, as to claims arising or accruing prior to the expiration or termination of this Agreement.

SECTION 7
Successors and Assigns: The covenants of the Responsible Operator set forth in numbered Sections 2 through 5 above shall run with the land, and the burdens shall be binding upon each and every part of the Property and upon the Applicant as long as it owns the Property.

SECTION 8
Severability: Invalidation of any one of the provisions of this Agreement shall in no way affect any other provisions and all other provisions shall remain in full force and effect.

SECTION 9
Notices: All notices required by this Agreement or by law shall be in writing and shall be delivered in person or sent by certified mail, postage pre-paid.

Notices required to be given to the City shall be addressed as follows:

City of Orinda Public Works Department
Attention: City Engineer
22 Orinda Way
Orinda, CA 94563
Notices required to be given to the Responsible Operator, including any heirs, successors, or assigns, will be sent to the mailing address for the Responsible Operator that is on file with the Contra Costa County Assessor. The Responsible Operator may request in writing that notices be sent to an additional address.

Any party may change its address or contact person by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address and/or new contact person.

SECTION 10
Recordation: Upon full execution, this Agreement shall be recorded in the Official Records of Contra Costa County, State of California.

F.3.c
Packet Pg. 66
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for SECTION 11
Governing Law: This Agreement shall be construed and governed in accordance with the laws of the State of California, without regard to principles of conflicts of law.

SECTION 12
Counterparts: This Agreement may be executed on one or more counterpart versions, which, when taken together shall constitute one original version of the Agreement. Photocopies of this Agreement or of execution signatures on this Agreement, or copies made by comparable means (including copies made by facsimile), shall be equivalent to originals.

SECTION 13
Amendment: No amendment, supplement, or modification of this Agreement shall be binding unless executed in writing by the Parties and recorded in the Official Records of Contra Costa County.

SECTION 14
Warrant of Authority: Each person warrants and guarantees that he or she is legally authorized to execute this Agreement on behalf of the designated entity and that such execution shall bind the designated entity to the terms of this Agreement.

SECTION 15
Entire Agreement: This Agreement sets forth the entire understanding between the Parties. Any previous representations, warranties, agreements, and understandings among the Parties regarding the subject matter of the approved Plans, whether written or oral, are superseded by this Agreement.

Recommended for approval: City of Orinda:
____________________________________ ______________________________ City Engineer Mayor
Reviewed by: Attest:
____________________________________ ______________________________ City Attorney City Clerk
F.3.c
Packet Pg. 67
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Applicant:
____________________________________
____________________________________
Attachments: Acknowledgements
Exhibit A – 88 Sunnyside Lane Property Description
Exhibit B – 88 Sunnyside Lane Stormwater Control Plan
Exhibit C – 88 Sunnyside Lane Stormwater Facilities Operation and Maintenance Plan F.3.c
Packet Pg. 68
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of )
County of )
On ________________, 2023, before me, ______________________________, personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
F.3.c
Packet Pg. 69
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
F.3.c
Packet Pg. 70
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for

EXHIBIT A
88 Sunnyside Lane
Property Description
F.3.c
Packet Pg. 71
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for EXHIBIT “A”

PROPERTY DESCRIPTION

STORM WATER O & M AGREEMENT
All that certain real property situated in the City of Orinda, County of Contra Costa, State of California, described as follows:

Being a portion of Parcel “A” and Parcel “B”, as said Parcels are shown on the Parcel Map of Subdivision MS 64-84, filed June 26, 1986, in Book 116 of Parcel Maps at Page 35, Contra Costa County Records, further described as follows:

BEGINNING at the southeast corner of said Parcel “B” (116-PM-35); THENCE from said Point of Beginning along the southerly line of said Parcel “B” (116-PM-35), North 72°17’57” West, 379.37 feet;
THENCE continuing along the exterior boundary line of said Parcel “B” (116-PM-35), South 8°50’00” West, 290.00 feet;
THENCE North 70°05’13” West, 640.00 feet;
THENCE North 40°01’24” East, 410.64 feet;
THENCE North 7°14’20” East, 237.38 feet;
THENCE North 88°47’05” West, 369.15 feet;
THENCE South 40°37’12” West, 348.94 feet;
THENCE North 80°26’09” West, 87.20 feet;
THENCE North 15°21’55” East, 499.42 feet;
THENCE South 80°56’15” East, 33.02 feet;
THENCE North 68°03’45” East, 203.00 feet;
THENCE along the northerly line of the parcel of land described as “Parcel ‘B’” in the Lot Line Adjustment No. LLA-13-91, recorded January 15, 1992, in Book 17152 of Official Records at

Page 679 ends

THENCE North 86°15’08” East, 162.98 feet;
F.3.c
Packet Pg. 72
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for THENCE North 71°25’49” East, 220.55 feet;
THENCE North 64°16’19” East, 162.24 feet;
THENCE North 75°06’59” East, 35.44 feet;
THENCE North 8°45’35” West, 96.37 feet;
THENCE North 41°10’50” East, 102.38 feet;
THENCE North 88°59’03” East, 233.08 feet to a point on the easterly line of said Parcel ‘B’ (116-PM-35);
THENCE along said easterly line South 1°09’30” West, 1212.17 feet to the Point of Beginning.

Containing an area of 24.03 acres, more or less.

F.3.c
Packet Pg. 73
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for

EXHIBIT
B
88 Sunnyside Lane
Stormwater Control Plan
F.3.c
Packet Pg. 74
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for F.3.c
Packet Pg. 75
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 2 of 8 AUGUST 07, 2020

TABLE OF CONTENTS
I. Project Data .................................................4 II. Low Impact Development Design Strategies .............................................5 II.A. Optimization of Site Layout ...................................................................................... 5 II.A.1. Limitation of development envelope 5
II.A.2. Preservation of natural drainage features 5
II.A.3. Setbacks from creeks, wetlands, and riparian habitats 5 II.A.4. Minimization of imperviousness 5
II.A.5. Use of drainage as a design element 5
II.B. Use of Permeable Pavements ................................................................................... 5 II.C. Dispersal of Runoff to Pervious Areas ....................................................................... 5 III. Documentation of Drainage Design .......................................................5 III.A. Descriptions of each Drainage Management Area .................................................... 5 III.A.1. Table 2. Drainage Management Areas 5
III.A.2. Drainage Management Area Descriptions 6
III.B. Tabulation and Sizing Calculations............................................................................ 6 III.B.1. Information Summary for IMP Design 6
III.B.2. Table 3. Self-Treating Areas 7
III.B.3. Table 4. Self-Retaining Areas 7
III.B.4. Areas Draining to Self-Retaining Areas 7
III.B.5. Areas Draining to IMPs 7
III.B.6. Areas Draining to Non-LID Treatment 7
IV. Source Control Measures....................................................................7 IV.A. Site activities and potential sources of pollutants........................................... 7 IV.B. Table 5. Source Control Table ................................................................................... 7 V. Stormwater Facility Maintenance .........................................................8 V.A. Ownership and Responsibility for Maintenance in Perpetuity .................................. 8 V.B. Summary of Maintenance Requirements for Each Stormwater Facility .................... 8 VI. Construction Plan C.3 Checklist ............................................................8 VII. Certifications ..................................................................................8 F.3.c
Packet Pg. 76
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 3 of 8 AUGUST 07, 2020
Tables
Table 1. Project Data ...................................................................................................... 1 Table 2. Drainage Management Areas ........................................................................... 4 Table 3. Self-Treating Areas ........................................................................................... 5 Table 4. Self-Retaining Areas ......................................................................................... 5 Table 5. Sources and Source Control Measures .............................................................. 6 Table 6. Summary of Maintenance Requirements .......................................................... 7 Table 7. Construction Plan C.3 Checklist ......................................................................... 7 Table 8. IMP Sizing Calculations. ......................................................................... attached Figures
Vicinity Map
Stormwater Control Plan Exhibit (Sheet CE-13)
F.3.c
Packet Pg. 77
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 4 of 8 AUGUST 07, 2020
I. PROJECT DATA
Table 1. Project Data
Project Name/Number 88 SUNNYSIDE LANE
Application Submittal Date 08/07/2020
Project Location 88 Sunnyside Lane
Orinda, CA 94563
Name of Developer NAFIS JAMAL
Project Phase No. N/A
Project Type and Description Residential Minor Subdivision Project Watershed Alamo Creek
Total Project Site Area (acres) 24.0 acres
Total Area of Land Disturbed (acres) 2.5 acres
Total New Impervious Surface Area (sq. ft.) 79,345 sf
Total Replaced Impervious Surface Area 0 sf
Total Pre-Project Impervious Surface Area 29,130 sf
Total Post-Project Impervious Surface Area 108,475 sf
50% Rule[*] Applies
Project Density 0.2 du/acre
Applicable Special Project Categories None
Percent LID and non-LID treatment 100% LID Treatment
HMP Compliance [†] Applies
[*50% rule applies if:

Total Replaced Impervious Surface Area > 0.5 x Pre-Project Impervious Surface Area] [†HMP applies if:
(Total New Impervious Surface Area + Total Replaced Impervious Surface Area) ≥ 1 acre] F.3.c
Packet Pg. 78
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 5 of 8 AUGUST 07, 2020
II. LOW IMPACT DEVELOPMENT DESIGN STRATEGIES
II.A.Optimization of Site Layout
II.A.1. Limitation of development envelope
Where possible, protection of trees, swales and open space have been incorporated into site design to limit the project’s impacted area.

II.A.2. Preservation of natural drainage features
Existing drainage pattern to be maintained. Collection of storm waters to be directed to existing drain inlet at Lawrence Road.

II.A.3. Setbacks from creeks, wetlands, and riparian habitats Treatment planters are placed outside of the realigned 16’ wide drainage channel and private storm drain easement. No other riparian or wetland habitat has been identified on the site.

II.A.4. Minimization of imperviousness
Majority of site (4+ acres) to remain pervious landscape area.

II.A.5. Use of drainage as a design element
LID flow through treatment planters to be utilized as source controls. Gravity flow to be maintained for collection of water through the treatment and pipe conveyance system.

II.B. Use of Permeable Pavements
Does not apply
II.C. Dispersal of Runoff to Pervious Areas
Impervious surfaces to be directed to landscape areas and through C.3 compliant treatment planters prior to discharge to the proposed storm drain conveyance system.

III. DOCUMENTATION OF DRAINAGE DESIGN
III.A. Descriptions of each Drainage Management Area
III.A.1. Table 2. Drainage Management Areas
DMA Surface Type Area (sf) Treatment
1 Impervious Roof 12,000± IMP-1
2 Impervious Pavement 6,485± IMP-1
3 Impervious Pavement 2,635± IMP-2
4 Impervious Pavement 7,600± IMP-2
5 Impervious Pavement 6,565± IMP-2
6 Impervious Pavement 2,440± IMP-2
7 Impervious Pavement 12,625± IMP-3
8 Impervious Roof 8,950± IMP-3
9 Impervious Pavement 4,485± IMP-4
F.3.c
Packet Pg. 79
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 6 of 8 AUGUST 07, 2020
10 Impervious Roof 12,500± IMP-4
III.A.2. Drainage Management Area Descriptions
DMA 1:
12,000 square feet of impervious roof area draining to IMP-1.

DMA 2:
6,485 square feet of impervious pavement area draining to IMP-1.

DMA 3:
2,635 square feet of impervious pavement area draining to IMP-2.

DMA 4:
7,600 square feet of impervious pavement area draining to IMP-2.

DMA 5:
6,565 square feet of impervious pavement area draining to IMP-2.

DMA 6:
2,440 square feet of impervious pavement area draining to IMP-2.

DMA 7:
12,625 square feet of impervious pavement area draining to IMP-3.

DMA 8:
8,950 square feet of impervious roof area draining to IMP-3.

DMA 9:
4,485 square feet of impervious pavement area draining to IMP-4.

DMA 10:
12,500 square feet of impervious roof area draining to IMP-4.

III.B. Tabulation and Sizing Calculations
III.B.1. Information Summary for IMP Design
Total Project Area 24.0 ac
Mean Annual Precipitation 25.0”
IMPs Designed For: Treatment Only
F.3.c
Packet Pg. 80
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 7 of 8 AUGUST 07, 2020
III.B.2. Table 3. Self-Treating Areas
N/A.

III.B.3. Table 4. Self-Retaining Areas
N/A.

III.B.4. Areas Draining to Self-Retaining Areas
N/A.

III.B.5. Areas Draining to IMPs
See tables attached for IMP sizing calculations.

III.B.6. Areas Draining to Non-LID Treatment
Does not apply.

IV. SOURCE CONTROL MEASURES
IV.A. Site activities and potential sources of pollutants The following is a list of potential contaminant sources that may occur on the future developed site. Permanent and operational BMP’s are identified to reduce the risk of water contamination. All areas of potential contamination occur in locations that would drain to the bioretention planters, not directly to the storm drain system.

IV.B. Table 5. Source Control Table
Potential Source Permanent BMP's Operational BMP's
On-site Drain Inlets Provide City of Orinda drain
marker on inlets.

Drainage structures will
be maintained and kept
clean; junction structure
covers will be inspected.

Interior Garages Any floor drains in building or
garages will be plumbed to
sanitary sewer.

Interior building drains to
be maintained by owner
to prevent blockages.

Fire Sprinkler Test
Water
Fire sprinkler test valves will be
equipped with a means to divert
water to sanitary sewer.

F.3.c
Packet Pg. 81
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 8 of 8 AUGUST 07, 2020
V. STORMWATER FACILITY MAINTENANCE
V.A.Ownership and Responsibility for Maintenance in Perpetuity All storm water treatment facilities will be owned and maintained in perpetuity by the parcel owner. A final Operations and Maintenance Plan and Agreement will be required for each parcel prior to recordation of Parcel Map.

V.B.Summary of Maintenance Requirements for Each Stormwater Facility Table 6
Routine Maintenance Activities for Treatment Devices
No. Maintenance Task
1 Remove accumulated sediment, litter and debris from Treatment Area and dispose of properly. Confirm that no clogging will occur and that the treatment device will drain per design standards. 2 Inspect Treatment Area to ensure that there are no clogs. Test with garden hose to confirm that the filter media will drain adequately. 3 Inspect downspouts from rooftops and sheet flow from paved areas to ensure flow to treatment area is unimpeded. Remove debris and repair damaged pipes.
4 Annual maintenance of shall be performed by the owner, including vacuum sweep of all pervious pavers.
5 Inspect overflow inlet to ensure that it will safely convey excess flows to storm drain. Repair or replace any damaged or
disconnected piping.

VI. CONSTRUCTION PLAN C.3 CHECKLIST
Table 7.

SCP Page # BMP Description Sheet #
Sizing table attached Flow Through Planter #1 (IMP-1) CE-13 Sizing table attached Flow Through Planter #2 (IMP-2) CE-13 Sizing table attached Flow Through Planter #3 (IMP-3) CE-13 Sizing table attached Flow Through Planter #4 (IMP-4) CE-13 VII. CERTIFICATIONS
The selection, sizing, and preliminary design of stormwater treatment and other control measures in this plan meet the requirements of Regional Water Quality Control Board Order R2-2015-0049.

F.3.c
Packet Pg. 82
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for Project Name: 88 Sunnyside Lane
Project Type: Treatment Only
APN:

Drainage Area: 79,345
Mean Annual Precipitation: 25.0
IV. Areas Draining to IMPs
IMP Name: IMP1
IMP Type: Flow-Through Planter
Soil Group: IMP1
DMA Name Area (sq ft) Post Project
Surface Type
DMA Runoff
Factor
DMA Area x
Runoff Factor IMP Sizing
DMA1 12,000 Conventional
Roof

1.00 12,000 IMP Sizing
Factor
Rain
Adjustment
Factor
Minimum
Area or
Volume
Proposed
Area or
Volume DMA2 6,485 Concrete or
Asphalt

1.00 6,485
Total 18,485
Area 0.040 1.000 739 740
IMP Name: IMP2
IMP Type: Flow-Through Planter
Soil Group: IMP2
DMA Name Area (sq ft) Post Project
Surface Type
DMA Runoff
Factor
DMA Area x
Runoff Factor IMP Sizing
DMA3 2,635 Concrete or
Asphalt

1.00 2,635 IMP Sizing
Factor
Rain
Adjustment
Factor
Minimum
Area or
Volume
Proposed
Area or
Volume DMA4 7,600 Conventional
Roof

1.00 7,600
DMA5 6,565 Concrete or
Asphalt

1.00 6,565
DMA6 2,440 Concrete or
Asphalt

1.00 2,440
Total 19,240
Area 0.040 1.000 770 775
IMP Name: IMP3
IMP Type: Flow-Through Planter
Soil Group: IMP3
DMA Name Area (sq ft) Post Project
Surface Type
DMA Runoff
Factor
DMA Area x
Runoff Factor IMP Sizing
DMA7 12,625 Conventional
Roof

1.00 12,625 IMP Sizing
Factor
Rain
Adjustment
Factor
Minimum
Area or
Volume
Proposed
Area or
Volume DMA8 8,950 Concrete or 1.00 8,950
F.3.c
Packet Pg. 83
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS Asphalt
Total 21,575
Area 0.040 1.000 863 865
IMP Name: IMP4
IMP Type: Flow-Through Planter
Soil Group: IMP4
DMA Name Area (sq ft) Post Project
Surface Type
DMA Runoff
Factor
DMA Area x
Runoff Factor IMP Sizing
DMA9 4,485 Concrete or
Asphalt

1.00 4,485 IMP Sizing
Factor
Rain
Adjustment
Factor
Minimum
Area or
Volume
Proposed
Area or
Volume DMA10 12,500 Conventional
Roof

1.00 12,500
Total 16,985
Area 0.040 1.000 679 680
Report generated on 7/17/2020 12:00:00 AM by the Contra Costa Clean Water Program IMP Sizing Tool software (version 1.3.1.0).

F.3.c
Packet Pg. 84
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS Danville, California 94526
811 San Ramon Valley Boulevard
DeBolt Civil Engineering
88 SUNNYSIDE LANE

ORINDA, CALIFORNIA

VICINITY MAP

VICINITY MAP
N.T.S.
925/837-3780 Job No.:

By:

Scale:

Date:
07/31/20
N.T.S.

EM
20175
SITE
F.3.c
Packet Pg. 85
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for ÎÛÊ×Í×ÑÒÍ Ü¿¬»æ
Ö±¾ Ò±òæ
Þ§æ
Í½¿´»æ
ý ÜßÌÛ
ÛßÍÌÑÒ Ý Ó½ßÔÔ×ÍÌÛÎ ó ÎòÝòÛò êïïìè
ÎÛÒÛÉßÔ ÜßÌÛæ ïîñíïñîð
èïï ÍßÒ ÎßÓÑÒ ÊßÔÔÛÇ ÞÔÊÜ ýîðï
ÇÛßÎÍ
ÜßÒÊ×ÔÔÛô ÝßÔ×ÚÑÎÒ×ß çìëîê
øçîë÷ èíéóíéèð ¤ ÜÛÞÑÔÌÝ×Ê×ÔòÝÑÓ
×ÓÐÎÑÊÛÓÛÒÌ ÐÔßÒÍ
Ý×ÌÇ ÑÚ ÑÎ×ÒÜß ÝÑÒÌÎß ÝÑÍÌß ÝÑËÒÌÇ ÝßÔ×ÚÑÎÒ×ß
ðèñðéñîð
ÛÓ
îðïéë
èè ÍËÒÒÇÍ×ÜÛ ÔßÒÛ øÓÒÍ îðïëóððï÷
Î
Û
Ê×Û
É
Í
Û
Ì ó Ò
Ñ
Ì
Ú
Ñ
Î
Ý
Ñ
Ò
Í
Ì
Î
Ë
Ý
Ì×Ñ
Ò
ïþ ã êðù
ÝÛóïí
ÍÌÑÎÓ ÉßÌÛÎ ÝÑÒÌÎÑÔ ÐÔßÒ
ÒßÌ×ÊÛ ÍÑ×Ô
ÝÑÓÐßÝÌÛÜ à
èëû Ó×Ò ÎòÝò
îìþ¨îìþ ÍÌÑÎÓ
ÜÎß×Ò ÝßÌÝØ
ÞßÍ×Ò
ïîþ ÜÎß×Ò
ÎÑÝÕ ÔßÇÛÎ
ìþ ÐÊÝ ÍÝØÛÜËÔÛ ìð ÐÛÎÚ Ð×ÐÛå
ÚßÝÛ ÐÛÎÚÑÎßÌ×ÑÒÍ ÜÑÉÒÉßÎÜò
êþ Ó×Ò
ïèþ ÔÑßÓÇ ÍßÒÜ ÐÛÎ ÝÑÒÌÎß ÝÑÍÌß ÝÑËÒÌÇ
ÝÔÛßÒ ÉßÌÛÎ ÐÎÑÙÎßÓ ÌÛÝØÒ×ÝßÔ
ÙË×ÜßÒÝÛ ØßÒÜÞÑÑÕ ßÐÐÛÒÜ×È Þò
ÒÑ Ô×ÒÛÎ
íæï
ÓßÈò
Î×ÜÙÛ
ÛÔÛÊò
ÑËÌ
îþ Ó×Ò
ìð³´ ØÜÐÛ ÐÑÒÜ Ô×ÒÛÎ
ÑÎ ßÐÐÎÑÊÛÜ ÛÏËßÔ
Ú×Ò×ÍØ ÙÎßÜÛ
ÙÎßÌÛ ÛÔÛÊò
ÞßÍÛ ÛÔÛÊò
íæï
ÝÔßÍÍ ×× ÐÛÎÓÛßÞÔÛô
ÝßÔÌÎßÒÍ ÍÐÛÝò êèóïòðîë
ÔßÒÜÍÝßÐÛ ÐÔßÒÌ×ÒÙ ×Ò ßÝÝÑÎÜßÒÝÛ É×ÌØ
ÝÑÒÌÎß ÝÑÍÌß ÝÑËÒÌÇ ÝÔÛßÒ ÉßÌÛÎ
ÐÎÑÙÎßÓ ÌÛÝØÒ×ÝßÔ ÙË×ÜßÒÝÛ ØßÒÜÞÑÑÕ
ßÐÐÛÒÜ×È Þò
ÒÑÌÛæ
ÎÛÚÛÎ ÌÑ ÝÑÒÌÎß ÝÑÍÌß ÝÑËÒÌÇ ÝÔÛßÒ ÉßÌÛÎ ÐÎÑÙÎßÓ
ÌÛÝØÒ×ÝßÔ ÙË×ÜßÒÝÛ ØßÒÜÞÑÑÕ ÝØßÐÌÛÎ ì ÚÑÎ
ßÜÜ×Ì×ÑÒßÔ ×ÒÚÑÎÓßÌ×ÑÒ ÑÒ ÚÔÑÉóÌØÎÑËÙØ ÐÔßÒÌÛÎÍò
Ýòí ÚÔÑÉóÌØÎÑËÙØ ÐÔßÒÌÛÎ
ó
ï
F.3.c
Packet Pg. 86
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for

EXHIBIT C
88 Sunnyside Lane
Stormwater Facilities Operation & Maintenance Plan
F.3.c
Packet Pg. 87
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for F.3.c
Packet Pg. 88
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page ii of iii 12/18/2020

TABLE OF CONTENTS
I. Inspection and Maintenance Log .............................................................................. I II. Update to Designation of Responsible Individuals ................................................... II III. Updates, Revisions, and Errata .............................................................................. III IV. Introduction ............................................................................................................. 1 IV.A. Background ...................................................................................................................................................... 1 IV.B. Associated Agreements .................................................................................................................................. 1 IV.C. Funding for and Organization of Facility Operation and Maintenance................................................ 1 IV.D. Site Description ............................................................................................................................................... 1 V. Designation and Training of Responsible Individuals ............................................... 2 V.A. Designated Contact for Operation and Maintenance .............................................................................. 2 V.B. Off-Hours or Emergency Contact ............................................................................................................... 2 V.C. Corporate Officer (authorized to execute agreements with the County) ............................................. 2 V.D. Initial Training of Responsible Individuals ................................................................................................ 2 V.E. Ongoing Training of Responsible Individuals ........................................................................................... 2 VI. Facilities to be Maintained ....................................................................................... 2 VI.A. Facility Descriptions ....................................................................................................................................... 2 VI.A.1. Flow-through Planter #1 3
VI.A.2. Flow-through Planter #2 3
VI.A.3. Flow-through Planter #3 4
VI.A.4. Bio-retention Planter #4 4
VII. Maintenance Activities ............................................................................................ 4 VII.A. General Maintenance Rules........................................................................................................................... 4 VII.B. Maintenance Schedule .................................................................................................................................... 4 VII.B.1. Routine Activities 4
VII.B.2. Following Significant Rain Events 5
VII.B.3. Prior to the Start of the Rainy Season 5
VII.B.4. Annually During Winter 5
Attachments

1. Stormwater Control Plan for Subdivision MS 2015-001

2. Stormwater Control Plan Exhibit
F.3.c
Packet Pg. 89
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page iii of iii 12/18/2020
Acronyms and Abbreviations
C.3 Provision C.3 in the Municipal Regional Stormwater Permit issued by the California Regional Water Quality Control Board for the San Francisco Bay Region
IMP Integrated Management Practice
O&M Plan Operations and Maintenance Plan
APN Assessor’s Parcel Number
CCMVCD Contra Costa Mosquito and Vector Control District [This Stormwater Facilities Operation and Maintenance Plan was prepared using the template revised on 4/2/2019.] F.3.c
Packet Pg. 90
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page I of 3 12/18/2020
I. INSPECTION AND MAINTENANCE LOG
Facility Name
APN 266-270-029
Address
88 Sunnyside Lane, Orinda, CA 94563
Begin Date End Date
Date IMP ID# IMP Description Inspected
by:

Cause for
Inspection
Exceptions Noted Comments and
Actions Taken
Instructions: Record all inspections and maintenance for all treatment IMPs on this form. Use additional log sheets and/or attach extended comments or documentation as necessary.
o IMP ID# — Always use ID# from the Operation and Maintenance Manual. o Inspected by — Note all inspections and maintenance on this form. o Cause for inspection — Note if the inspection is routine, pre-rainy-season, post-storm, annual, or in response to a noted problem or complaint. o Exceptions noted — Note any condition that requires correction or indicates a need for maintenance. o Comments and actions taken — Describe any maintenance done and need for follow-up.

F.3.c
Packet Pg. 91
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 88 SUNNYSIDE LANE Page II of 3 12/18/2020
II. UPDATE TO DESIGNATION OF RESPONSIBLE INDIVIDUALS
** Use this form to update the plan when responsible individuals change. ** Date Completed
Facility Name
Facility Address
Designated Contact for Operation and Maintenance
Name: Title or Position:

Telephone: Alternate Telephone:

Email:

Off-Hours or Emergency Contact
Name: Title or Position:

Telephone: Alternate Telephone:

Email:

Corporate Officer (authorized to execute contracts with the City, Town, or County) Name: Title or Position:

Address:

Telephone: Alternate Telephone:

Email:

F.3.c
Packet Pg. 92
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 88 SUNNYSIDE LANE Page III of 3 12/18/2020
III. UPDATES, REVISIONS, AND ERRATA
Date Num. Updates, Revisions, or Errata Title Description/Purpose By (full name):

F.3.c
Packet Pg. 93
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 88 SUNNYSIDE LANE Page 1 of 5 12/18/2020
IV. INTRODUCTION
This plan addresses operation and maintenance of facilities constructed as part of the following development project:

MNS 2015-00188
88 Sunnyside Lane
Orinda, Ca 94563
APN 266-270-029
The final, approved Stormwater Control Plan for this project is in Appendix A.

IV.A. Background
This Stormwater Facilities Operation and Maintenance Plan (O&M Plan) is for facilities (and pervious pavement systems) constructed as part of the development project referenced above.

Construction of these facilities was required by Provision C.3 in the Municipal Regional Stormwater Permit issued by the California Regional Water Quality Control Board for the San Francisco Bay Region. Provision C.3. alsorequires the County to verify ongoing operation and maintenance of stormwater treatment and hydromodification management facilities, and certain pervious pavement installations.

IV.B. Associated Agreements
This O&M Plan is referenced in an O&M Agreement between the property owner and the County.

The agreement, grants the County access to the property to conduct inspections and, if needed, to perform maintenance on the facilities at the owner’s expense. The agreement also grants access for inspections to the Contra Costa Mosquito and Vector Control District (CCMVCD).

The property has been annexed into a Community Facilities District, which provides funding for inspections and, if necessary, maintenance or replacement of the facilities.

As provided in the O&M Agreement, this O&M Plan may be modified, but only with the review and consent of the Contra Costa County Public Works Director. The official O&M Plan is the version which is on file at the Contra Costa County Public Department (PWD) at 255 Glacier Drive, Martinez, CA. Any modifications made to the O&M Plan under the consent of the PWDmust be filed at the PWD.

IV.C. Funding for and Organization of Facility Operation and Maintenance The funding for all O&M activities for this project will take place and be organized by the property owners. This includes regular inspection of the bioretention facilities and the necessary maintenance of the bioretention facilities.

IV.D. Site Description
The project is located at 88 Sunnyside Lane, in the City of Orinda, Contra Costa County, in the State of California. The project includes a four – lot subdivision accessed by Sunnyside Lane, via an existing driveway, within an existing 30 feet wide access easement (116 PM 35), an existing 30 feet wide non-exclusive roadway easement (2535 O.R. 390) and an existing 30 feet wide private driveway easement (116 PM 35) through the Bockmiller parcel (APN 266-270-028). The project is bordered by residential parcels on all sides. Impervious surface water runoffs from Parcels A, B and C are being treated on site by three (3) in ground flow-through planters, one for each parcel, and impervious surface water runoff from Parcel D is being treated on site by a bio-retention planter. Treated runoffs from Parcels A, B, and D are being discharged onto the downhill slope via 20 linear feet of 12” F.3.c
Packet Pg. 94
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 2 of 5 12/18/2020
diameter perforated pipe energy dissipaters, one for each planter, and treated runoff from Parcel C is discharged through an existing 15” CMP underground storm drain pipe.

V. DESIGNATION AND TRAINING OF RESPONSIBLE INDIVIDUALS
V.A.Designated Contact for Operation and Maintenance
Orinda GHAD Manager
ENGEO Incorporated
Attention: Haley Ralston
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583
V.B.Off-Hours or Emergency Contact
Orinda GHAD Manager
ENGEO Incorporated
Attention: Haley Ralston
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583
V.C.Corporate Officer (authorized to execute agreements with the County) Orinda GHAD Manager
ENGEO Incorporated
Attention: Haley Ralston
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583
V.D. Initial Training of Responsible Individuals
Following completion of construction, the bioretention facilities will be maintained by the contractor for two years, except for routine policing for trash, which will be done by the owner’s and lessee’s personnel. During this 2-year period, the owner’s landscape maintenance crew will coordinate to meet with the contractor’s personnel on-site during maintenance. At these times, the contractor’s personnel will demonstrate proper maintenance procedures.

V.E.Ongoing Training of Responsible Individuals
The property owners or the owners’ landscape maintenance crew will continue to maintain the bioretention facilities using proper maintenance procedures. It is the owners’ responsibility to train new personals in the proper methods of maintenance.

VI. FACILITIES TO BE MAINTAINED
VI.A. Facility Descriptions
The runoff from possible future residences and driveways are to be treated via three (3) in ground flow-through treatment planters and one bio-retention planter with 3:1 maximum side slopes. The project has 10 Drainage Management Areas (DMAs) and 4 IMPs(storm water facilities which treat the storm run-off from the impervious areas). After the stormwater is treated via the in ground flowthrough treatment planters and the bio-retention planter, the storm water will be discharged onto downhill slope via energy dissipaters.

F.3.c
Packet Pg. 95
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 3 of 5 12/18/2020
The in ground flow-through treatment planters and bio-retention planter function as a soil and plantbased filtration device that removes pollutants through a variety of physical, biological, and chemical treatment processes. They also function as flow control devices. The planters consist of landscape planting in accordance with Contra Costa County Clean Water Program Technical Guidance Handbook, Appendix B; 18” thick “loamy sand” layer per said Appendix B; 30” thick storage layer consisting of Class II drain rock (Caltrans spec. 68-1.025); 4” PVC Schedule 40 perforated pipe under drain system (perforations down, pipe at bottom of rock layer for the flow-through planters – IMPs 1, 2, & 3, and pipe at top of rock layer for the bio-retention planter – IMP 4). Flow-through planters also have a 40ml HDPE pond liner or approved equal between drain rock layer and native compacted soil. The runoff velocity is reduced by being distributed evenly along a ponding area and by interacting with the soil medium, vegetation, and soil microbes as it passes through the storage layer. Each planter has a 2’x2’ Christy “U” series catch basin acting as an overflow structure, providing 10” minimum surface storage and 2” minimum freeboard. Out flows from the IMPs are being controlled by orifice diameters: 1.28” for IMP 1; 1.31” for IMP 2; 1.39” for IMP 3; and 1.32” for IMP 4.

VI.A.1. Flow-through Planter #1 (IMP -1)
Located in Parcel “A”, IMP-1 includes 740 sq. ft. of surface planter area. It receives runoff from DMA1 (conventional roof - piped), DMA-2 (paved driveway – piped). See Storm Water Control Plan Exhibit attached hereto.

Figure [2]. Bioretention Planter Cross-Section (schematic) Figure [1]. Flow-Through Planter Cross-Section (schematic) F.3.c
Packet Pg. 96
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 4 of 5 12/18/2020
VI.A.2. Flow-through Planter #2 (IMP-2)
Located in Parcel “B”, IMP-2 includes 775 sq. ft. of surface planter area. It receives runoff from DMA3 (existing driveway – piped), DMA-4 (conventional roof – piped), DMA-5 (impervious patio – sheet flow), and DMA-6 (paved driveway – piped). See Storm Water Control Plan Exhibit attached hereto.

VI.A.3. Flow-through Planter #3 (IMP-3)
Located in Parcel “C”, IMP-3 includes 865 sq. ft. of surface planter area. It receives runoff from DMA-7 (paved driveway – piped), and DMA-8 (conventional roof – piped). See Storm Water Control Plan Exhibit attached hereto.

VII.A.4 Bio-retention Planter #4 (IMP-4)
Located in Parcel “D”, IMP-4 includes 680 sq. ft. of surface planter area. It receives runoff from DMA9 (paved driveway – piped), and DMA-10 (conventional roof – piped). See Storm Water Control Plan Exhibit attached hereto.

VII. MAINTENANCE ACTIVITIES
VII.A. General Maintenance Rules
At no time will synthetic pesticides or fertilizers be applied, nor will any soil amendments, other than aged compost mulch or sand/compost mix, be introduced. The top of soil surface will be maintained at or near the design elevation throughout. Irrigation systems will be maintained to conserve water while maintaining plant health.

Although it is unlikely to be needed, if plants are not thriving compost tea may be applied at a recommended rate of 5 gallons mixed with 15 gallons of water per acre, up to once per year between March and June. Compost tea will not be applied when temperatures are below 50°F or above 90°F or when rain is forecast within the next 48 hours.

The following may be applied for pest control if needed:
· Beneficial nematodes
· Safer® products
· Neem oil
Plants may need to be replaced with the following mix as specified by the landscape architect [list species] or with similar plantings appropriate for the unique conditions.

VII.B. Maintenance Schedule
The three (3) in ground flow-through planters and the bio-retention planter will be maintained on the following schedule at a minimum:

VII.B.1.Routine Activities
The facilities will be examined [daily for commercial; weekly for residential] for visible trash, and trash will be removed. Any graffiti, vandalism, or other damage will be noted and addressed within 48 hours.

The planted areas will be weeded by hand approximately monthly. At this time, plants will be inspected for health and the irrigation system will be turned on manually and checked for any leaks or broken lines, misdirected spray patterns etc. Any dead plants will be replaced.

F.3.c
Packet Pg. 97
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 88 SUNNYSIDE LANE Page 5 of 5 12/18/2020
VII.B.2.Following Significant Rain Events
A significant rain event will be considered to be one that produces approximately a half-inch or more rainfall in a 24-hour period. Within 24 hours after each such event, the following will be conducted:
· The surface of the facility will be observed to confirm there is no ponding. · Inlets will be inspected, and any accumulations of trash or debris will be removed. Any erosion at inlets should be restored to grade.
· The surface of the mulch layer will be inspected for movement of material. Mulch will be replaced and raked smooth if needed.
· Outlet structure will be inspected for any obstructions to assure that mulch is not washed out.

VII.B.3.Prior to the Start of the Rainy Season
In September of each year, facility inlets and outlets [including flow-control orifices, if any] will be inspected to confirm there is no accumulation of debris that would block flow. Stormwater should drain freely into the bioretention facilities. If not previously addressed during monthly maintenance, any growth and spread of plantings that blocks inlets or the movement of runoff across the surface of the facility will be cut back or removed.

If the facilities are not completely drained in 24 hours, the underdrain may be clogged. Check the overflow outlet to determine if the underdrain is performing properly. There should be no filter fabri or geotextile in the horizontal layers or wrapped at the underdrain. If the underdrain is working, the bioretention media may contain fines. Replace material with mixture of 30-40% aged compost and 60-70% washed granular sand, no fines.

VII.B.4.Annually During Winter
Once, in December – February of each year, vegetation will be cut back as needed, debris removed, and plants and mulch replaced as needed. The concrete work will be inspected for damage. The elevation of the top of soil and mulch layer will be confirmed to be consistent with the 6-inch reservoir depth.

F.3.c
Packet Pg. 98
Attachment: Attachment C 88 Sunnyside - Stormwater O&M Agmt - Final (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption of Resolution for 28019339.1
Recording Requested by and
When Recorded Return to:

City Clerk
City of Orinda
22 Orinda Way
Orinda, CA 94563
APN: 266-270-029
Exempt from payment of fees pursuant to
Government Code section 27383
THIS SPACE FOR RECORDER’S USE ONLY
______________________________________________________________________________

OPEN-SPACE EASEMENT DEED
THIS OPEN-SPACE EASEMENT DEED (“Easement”) is made as of ___________________________ between Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014 (“Grantor”) and City of Orinda, a municipal corporation of the State of California (“Grantee” or “City”). Grantor and Grantee are the “Parties” and each is a “Party.”

RECITALS
A. Grantor is the sole owner in fee simple of that certain real property located at 88 Sunnyside Lane in the City of Orinda, State of California, which consists of approximately 24.03 acres and is more particularly described in Subdivision No. MS-2015-001 (the “Property”).

Concurrent with the grant of this Easement, Grantor is subdividing the Property into four (4) lots, three (3) of which will be developed with new single-family homes and associated improvements. One parcel (“Parcel B”) would contain an existing residence. The portions of the site that are subject to this Easement are the shaded areas shown on Exhibit A (“Easement Areas”) and as described in the legal description attached hereto as Exhibit B.

B. This Easement applies to designated Easement Areas (also referred to as “Easement Area”) of the Property as depicted and described in Exhibit A and Exhibit B hereto, which have one or more of the following: natural scenic beauty, existing openness, and value as a watershed or for wildlife and habitat preservation.

C. Maintaining “the semi-rural character of Orinda” and “the dominance of wooded and open ridges and hillsides” are two of the Guiding Policies of the Land Use Element of the City’s General Plan. (Land Use Policies 2.1.1(A) and 2.1.1(B), respectively.) The General Plan defines “semi-rural character,” in part, as consisting of “major visible undeveloped ridgelines and hillsides,” “undisturbed creeks and creek beds,” and “visible vacant land within and adjacent to residential areas.” Section 2.1 of the General Plan’s Land Use Element.

F.3.d
Packet Pg. 99
Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 2 28019339.1
D. Retaining “steep or unstable slopes as open space” is one of the Guiding Policies of the Open Space and Parks Element of the City’s General Plan. (Open Space and Parks Policies 2.2.1(C)).

E. Orinda Municipal Code section 17.7.2 provides that the objectives of the City’s hillside development standards include “Retain[ing] open hillsides and significant ridgelines in as near a natural state as is feasible;” and “Provid[ing] for the preservation and maintenance of significant ridgelines, open space and recreational lands” (OMC §§ 17.7.2 G and I). A portion of the Property that includes open hillsides and two ridgelines are located within the Easement Areas.

F. Preserving the areas covered by this Easement in their scenic, open-space condition is consistent with the City’s General Plan.

G. Preserving the areas covered by this Easement as open space is in the best interest of the City and is important to the public for the enjoyment of scenic beauty. The Easement Areas are essentially unimproved and, if retained in their natural state, have scenic value to the public, add to the amenities of living in neighboring urbanized areas, and/or will help preserve the rural character of the area in which the Property is located.

H. The covenants, terms, conditions, and restrictions imposed by this Easement are necessary and desirable to maintain the natural or scenic character of the Property, and to prevent any activity, use, or action which could impair the open-space character of the Property.

I. In furtherance of the Guiding Policies of the Land Use Element and Open Space and Parks Element of the City’s General Plan and Orinda Municipal Code section 17.7.2, Grantor is offering for dedication to the City the development rights to the Easement Areas.

J. Grantee is authorized to hold this Easement pursuant to California Government Code section 51080.

K. Grantor’s conveyance of this Easement and the offer of dedication of development rights to the Easement Areas are requirements for Subdivision No. MS-2015-001.

On February 11, 2020, the Orinda Planning Commission approved Vesting Tentative Map No.

MS-2015-001 (Statement of Official Action 2020-004) for the Property.

COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above Recitals, which are incorporated in and made a part of this Easement by this reference, and the mutual covenants, terms, conditions, and restrictions contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to California law, including, inter alia, the Open Space Easement Act of 1974 (Government Code section 51070 et seq.), Grantor hereby voluntarily grants and conveys to the City, its successors and assigns, this Easement in perpetuity over the Easement Areas of the Property (as depicted and described in Exhibit A and Exhibit B) on the terms and provisions set forth herein. It is the intent of the Parties that the restrictions imposed by this Easement shall constitute a servitude and be deemed enforceable restrictions, as F.3.d
Packet Pg. 100 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 3 28019339.1
provided for in Government code section 51070 et seq. and the Subdivision Map Act (Division 2 of Title 7 of the Government Code)

1. The purposes of this Easement are to ensure that the Easement Areas will be retained forever in their natural, scenic, undeveloped, open-space condition and to prevent any use of the Easement Areas that would impair, adversely affect, or interfere with their natural and scenic character and their natural resources.

2. This Easement shall entitle Grantee and/or its successors or assignees to exercise the following rights and privileges within the Easement Areas:

A. To investigate through inspection (not to occur more than annually and with at least 7 days’ written notice to Grantor) and to prevent any activity on or use of the Easement Area that is inconsistent with the purposes of this Easement, and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use or activity that is inconsistent with the purposes of this Easement.

B. To seek by appropriate proceedings an injunction against any threatened construction or other development or activity that would violate the Easement and to seek a mandatory injunction requiring the removal of any structure erected in violation of this Easement.

3. Any activity on or use of the Easement Areas that is inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, and except as expressly provided otherwise in this Easement, the following uses and activities by Grantor, Grantor’s agents, and third parties are expressly prohibited:

A. Constructing or installing any buildings, structures, underground storage tanks, transmission or receiving towers or energy facilities, billboards, commercial signs or other advertising materials, or other improvements, other than property line fencing; B. Performing any grading inconsistent with the conditions of approval for Subdivision MS-2015-001, the City’s zoning ordinance, the requirements of the Moraga-Orinda Fire District, the requirements of the Orinda Geologic Hazard Abatement District, or other applicable law;
C. Removing any trees, vegetation, or foliage, whether alive or dead, except as required and/or allowed by the Orinda Moraga Fire District or other fire authority with jurisdiction;
D. Performing any landscaping, dispersal or planting of non-native plants or any vegetation that requires irrigation after establishment; E. Manipulating, impounding, dredging, damming, diverting or otherwise altering any creek or natural watercourse within the Easement Area, and any activities or uses detrimental to water quality or natural hydrologic functioning, including but not limited to placing drainage pipes that discharge to the watercourse, or degrading or polluting any surface or F.3.d
Packet Pg. 101 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 4 28019339.1
subsurface waters except as required by any condition of approval for Subdivision MS-2015-001 or other applicable law;
F. Any commercial, industrial, residential, agricultural, or institutional uses; G. Depositing soil, trash, ashes, refuse, waste, or any other materials, or excavating, draining, dredging, mining, drilling, removing or exploring for or extracting minerals, loam, soil, sand, gravel, rock or other material on or below the surface of the Easement Area, or granting or authorizing surface entry for any of these purposes; H. Any legal or de facto division, subdivision, or partitioning of the Property that affects the portions of the Property covered by this Easement; I. Engaging in any use or activity that may violate, or may fail to comply with, relevant federal, state, or local laws, regulations, or policies applicable to Grantor, the Easement Area, or the use or activity in question;

4. Nothing in this Easement shall be interpreted as limiting or modifying any rights of the Orinda Geologic Hazard Abatement District, which shall retain all rights granted to it by separate instrument, including its Plan of Control and/or easements.

5. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from Grantor’s ownership of the Easement Area, including the right to engage in or permit or invite others to engage in all uses of the Easement Area that are not prohibited or limited by, and are consistent with the purposes of, this Easement;

6. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Easement Area.

Grantor agrees that Grantee shall have no duty or responsibility for the operation, upkeep or maintenance of the Easement Area, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public, or any third parties from risks relating to conditions on the Easement Area. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by the Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local, and administrative agency statutes, ordinances, rules, regulations, orders, and requirements.

7. Grantor and its successors and assigns shall hold harmless, protect, and indemnify Grantee and its directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors, and assigns of each of them (collectively, “Grantee Indemnified Parties”) from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys’ fees and experts’ fees), causes of action, claims, demands, orders, liens or judgments (each a “Claim” and, collectively, “Claims”), arising from or in any way connected with injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Easement Area, regardless of cause, except that this indemnification shall be inapplicable to Grantee Indemnified Parties with respect to a Claim due solely to the active negligence or willful misconduct of Grantee or any of its employees.

F.3.d
Packet Pg. 102 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 5 28019339.1

8. If Grantee determines that a violation of this Easement has occurred or is threatened, Grantee may give written notice to Grantor of such violation and demand in writing the cure of such violation (“Notice of Violation”). If Grantor fails to cure the violation within thirty days after receipt of a Notice of Violation, or if the cure reasonably requires more than thirty days to complete and Grantor fails to begin the cure within the thirty day period, or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction for any or all of the following: to recover any damages to which Grantee may be entitled for violation of the terms of this Easement; to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies; to pursue any other legal or equitable relief, including but not limited to, the restoration of the Easement Area to the condition in which it existed prior to any violation or injury; or to otherwise enforce this Easement. Without limiting the liability of Grantor, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Easement Area.

If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate injury to the Easement Area, Grantee may pursue its remedies under this Easement without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee’s rights under this section apply equally in the event of either actual or threatened violations of the terms of this Easement.

Grantor agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this Section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from taking such action at a later time.

9. In any action to enforce the terms of this Easement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys’ fees and other expenses, including any expert fees. If Grantee is the prevailing party, it is also entitled to recover any costs of restoration on the Easement Area necessitated by negligence or breach of this Easement.

10. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee’s permission to carry out, or failure to object to, any proposed use or activity shall not constitute consent to any subsequent use or activity of the same or any different nature, nor shall it permit any activity prohibited by law.

11. Grantor represents and warrants that there are no deeds of trust, mortgages, liens, encumbrances or other interests in or affecting the Property underlying the Easement Area (including mineral interests) which have not been expressly subordinated to this Easement, and F.3.d
Packet Pg. 103 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 6 28019339.1
the Property underlying the Easement Area is not subject to any other inconsistent easement.

Under no circumstances may the rights of Grantee be extinguished or otherwise affected by the recording, foreclosure, or any other action taken with respect to any lien on or other interest in the Property underlying the Easement Area.

12. The power of any federal, state, or local entity to acquire the Property or a portion of it by eminent domain is not limited by this instrument. If an action in eminent domain for condemnation of an interest in the subject Property underlying the Easement Area is filed, or when it is acquired in lieu of eminent domain for a public improvement by a public agency, the Easement terminates as to that interest being condemned or acquired.

13. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first-class mail, postage prepaid, or sent by overnight delivery addressed as follows:

To Grantor: Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014
88 Sunnyside Lane
Orinda, CA 94563
Phone:

To Grantee: City of Orinda
22 Orinda Way
Orinda, CA 94563
Attn: City Manager

14. This Easement may be amended only by mutual written agreement of Grantor and Grantee, which approval shall not be unreasonably withheld or delayed. Any such amendment shall be consistent with the purposes of this Easement and California law and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of Contra Costa County.

15. This Easement may be abandoned in the manner provided in Sections 51070 to 51094 of the California Government Code.

16. The interpretation and performance of this Easement shall be governed by the laws of the State of California.

17. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Easement can still be carried out.

18. Nothing contained herein is intended to result in a forfeiture or reversion of Grantor’s fee title in any respect. Grantor specifically reserves the right to convey fee title to the Property subject to this Easement.

F.3.d
Packet Pg. 104 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 7 28019339.1

19. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Property. The terms “Grantor” and “Grantee,” wherever used in this Easement and any pronouns used in place thereof, shall mean and include, the named “Grantor” and “Grantee” and the respective personal representatives, heirs, devisees, and assigns of such named Grantor or Grantee, and the respective successors of such Grantor and Grantee.

20. Except as expressly provided otherwise in this instrument, a party’s rights and obligations under this Easement shall terminate upon the transfer of the party’s interest in this Easement or the fee title to the Property, as the case may be, except that rights, obligations, and liability relating to acts or omissions occurring prior to transfer shall survive transfer.

21. Grantor and Grantee may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.

22. Each person executing this Easement on behalf of a party represents that such person has the requisite authority to bind the party on whose behalf he or she is signing this Easement and that all requisite approvals of such party have been obtained.

23. This Easement shall be prepared for recordation in the official records of Contra Costa County, California.

F.3.d
Packet Pg. 105 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 8 28019339.1
IN WITNESS WHEREOF, Grantor has executed this deed, which shall be effective on the day and year first written above.
___________________________
Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014

GRANTOR
[signatures must be notarized]
F.3.d
Packet Pg. 106 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 9 28019339.1
************************************************************************

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed to the City of Orinda by the foregoing Open-Space Easement Deed, which is dated ___________________, and executed by Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014, is hereby accepted by the undersigned pursuant to authority conferred by Resolution No. _____, dated ____________, ____. The City of Orinda, as grantee, consents to recordation of said Open-Space Easement Deed.
_______________________
Date:

City Manager
Attest:
_______________________
Sheri Smith
City Clerk
Approved as to form:
_______________________
Osa L. Wolff
City Attorney
************************************************************************ F.3.d
Packet Pg. 107 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption 10 28019339.1
Exhibit A: Legal Description of Easement Area
Exhibit B: Plat of Easement Area
1553311.5
F.3.d
Packet Pg. 108 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption Job No. 20175
September 13, 2022
EXHIBIT “A”

LEGAL DESCRIPTION

OPEN SPACE EASEMENT
All that certain real property situated in the City of Orinda, County of Contra Costa, State of California, described as follows:

Being a portion of Parcel “B”, as said Parcel is shown on the Parcel Map of Subdivision MS 64- 84, filed June 26, 1986, in Book 116 of Parcel Maps at Page 35, Contra Costa County Records, further described as follows:

SUB-PARCEL A
BEGINNING at the southeast corner of said Parcel “B” (116-PM-35); THENCE from said Point of Beginning along the southerly line of said Parcel “B” (116-PM-35), North 72°17’57” West, 379.37 feet;
THENCE continuing along the exterior boundary line of said Parcel “B” (116-PM-35), South 8°50’00” West, 290.00 feet;
THENCE North 70°05’13” West, 100.00 feet;
THENCE leaving said exterior boundary line North 78°50’00” East, 29.23 feet; THENCE North 2°40’00” West, 38.00 feet;
THENCE North 27°40’00” West, 62.00 feet;
THENCE North 56°40’00” West, 62.00 feet;
THENCE North 19°30’00” West, 80.00 feet;
THENCE along a tangent curve to the right, having a radius of 80.00 feet, through a central angle of 5930’00” for an arc length of 83.08 feet;
THENCE tangent to the last curve North 40°00’00” East, 85.00 feet; THENCE North 58°45’00” East, 88.00 feet;
THENCE along a tangent curve to the right, having a radius of 120.00 feet, through a central angle of 7745’00” for an arc length of 162.84 feet to a point of reverse curvature; F.3.d
Packet Pg. 109 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption THENCE along a tangent curve to the left, having a radius of 15.00 feet, through a central angle of 14605’00” for an arc length of 38.24 feet;
THENCE tangent to the last curve North 9°35’00” West, 107.00 feet; THENCE North 3°10’00” West, 60.00 feet;
THENCE North 10°15’00” East, 70.00 feet;
THENCE North 56°40’00” West, 80.00 feet;
THENCE North 25°30’00” West, 58.00 feet;
THENCE North 13°00’00” West, 63.00 feet;
THENCE North 25°10’00” West, 45.00 feet;
THENCE along a tangent curve to the right, having a radius of 35.00 feet, through a central angle of 8110’00” for an arc length of 49.58 feet;
THENCE tangent to the last curve North 56°00’00” East, 78.00 feet; THENCE North 22°40’00” East, 57.00 feet;
THENCE North 88°00’00” East, 40.00 feet;
THENCE North 70°10’00” East, 65.00 feet;
THENCE North 53°50’00” East, 115.00 feet;
THENCE along a tangent curve to the right, having a radius of 70.00 feet, through a central angle of 3200’00” for an arc length of 39.10 feet;
THENCE tangent to the last curve North 85°50’00” East, 50.00 feet; THENCE North 61°00’00” East, 40.77 feet to a point on the easterly line of said Parcel “B” (116-PM-35);
THENCE along said easterly line South 1°09’30” West, 953.63 to the Point of Beginning.

Containing an area of 344,524 square feet of land, more or less.

F.3.d
Packet Pg. 110 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption

SUB-PARCEL B
COMMENCING at the southeast corner of said Parcel “B” (116-PM-35); THENCE from said Point of Commencement along the easterly line of said Parcel “B” (116-PM35), North 1°09’30” East, 1212.17 feet; THENCE leaving said easterly line, South 88°59’03” West, 163.08 feet to the True Point of Beginning of this description;
THENCE from said True Point of Beginning South 30°00’00” West, 83.00 feet; THENCE along a tangent curve to the right, having a radius of 80.00 feet, through a central angle of 3510’00” for an arc length of 49.10 feet;
THENCE tangent to the last curve South 65°10’00” West, 57.78 feet; THENCE North 8°45’35” West, 51.05 feet;
THENCE North 41°10’50” East, 102.38 feet;
THENCE North 88°59’03” East, 70.00 feet to said True Point of Beginning.

Containing an area of 8,955 square feet of land, more or less.

F.3.d
Packet Pg. 111 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption S08°50'00"W 290.00'
S01°09'30"W 953.63'
N01°09'30"E
1212.17'
163.08'
N72°17'57"W 379.37'

70.00'
N41°10'50"E
102.38'
100.00'

51.05'
N8°45'35"W
T.P.O.B.

S
U
B-PA
R
CEL B
S88°59'03"W
P.O.B.

SUB-PARCEL A
P.O.C.

SUB-PARCEL B
258.54'
4 3
2 7
6 8
5 10
11 9
1 13
22 14 17 18 15
20 21
12 19

OPEN SPACE

EASEMENT

SUB-PARCEL A
344,524± SQ. FT.

OPEN SPACE EASEMENT

SUB-PARCEL B
8,955± SQ. FT.

N19°30'00"W

80.00'
N40°00'00"E N58°45'00"E

85.00' 88.00'
N09°35'00"W
107.00'
N03°10'00"W

60.00'
N10°15'00"E

70.00'
N56°40'00"W

80.00'
16 OPEN SPACE EASEMENT
SCALE: 1" = 150'

PLAT TO ACCOMPANY

LEGAL DESCRIPTION
EXHIBIT "B"
Danville, California 94526
925/837-3780 Job No.:

DeBolt Civil Engineering
480 San Ramon Valley Blvd., Suite L
Date:

By:

Scale:
1" = 150'
ECM/adv
9/13/2022
20175
N56°40'00"W 62.00'
N27°40'00"W 62.00'
N02°40'00"W 38.00'
N78°50'00"E 29.23'
R=70.00' D=32°00'00" L=39.10'
22 21
N88°00'00"E 40.00'
N70°10'00"E 65.00'
N53°50'00"E 115.00'
N85°50'00"E 50.00'
N61°00'00"E 40.77'
S30°00'00"W 83.00'
S65°10'00"W 57.78'
R=80.00' D=35°10'00" L=49.10'
R=35.00' D=81°10'00" L=49.58'
R=15.00' D=146°05'00" L=38.24'
R=120.00' D=77°45'00" L=162.84'
N22°40'00"E 57.00'
N56°00'00"E 78.00'
N25°10'00"W 45.00'
N13°00'00"W 63.00'
N25°30'00"W 58.00'
20 5
4 3
2 1

COURSE DATA
10 11
9 8
7 14
15 12
13 6
17 18
19 16
R=80.00' D=59°30'00" L=83.08'
F.3.d
Packet Pg. 112 Attachment: Attachment D DRAFT 88 Sunnyside Open Space Easement Deed__10.04.2023 (3262 : 88 Sunnyside Lane (MS 2015-001) Adoption

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

RESOLUTION accepting and approving a
Parcel Map, Open-Space Easement Deed,
Stormwater Operations & Maintenance
Agreement, and Subdivision
Improvement Agreement for 88
Sunnyside Lane (Subdivision No. MS
2015-001) and adopting findings in
support thereof, and approving the
annexation of the 88 Sunnyside Lane
development into the Orinda Geologic
Hazard Abatement District.
)
)
)
)
)
)
)
)
)
)
RESOLUTION NO. 68-23
_______________________
WHEREAS, the Orinda Planning Commission on February 11, 2020, approved with conditions the applications of Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014 (“Applicant”) for the Vesting Tentative Map (MS 2015-001), Tree Removal Permit (TRP-2019-032) and adopted the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the development located at 88 Sunnyside Lane; and
WHEREAS, the Applicant submitted the Parcel Map for Minor Subdivision (MS 2015-001) signed by all parties required to execute the certificates on the map, together with all supplementary documents and fees, to the Planning Department and the Public Works and Engineering Services Department for filing in accordance with the Subdivision Map Act, Title 16 of the City of Orinda Municipal Code (OMC), and the conditions of approval; and
WHEREAS, the Public Works and Planning Departments have determined that the Parcel Map, all documents, and all fees are satisfactory in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval; and
WHEREAS, concurrent with final approval of Subdivision No. MS 2015-001, Applicant desires to grant and the City desires to accept an Open-Space Easement Deed; and
WHEREAS, Applicant has executed and submitted to the City of Orinda an Open Space Easement Deed; and
F.3.e
Packet Pg. 113 Attachment: Attachment E Resolution 68-23 Acceptance and Approval of 88 Sunnyside Subdivision (3262 : 88 Sunnyside Lane (MS 2015-001) WHEREAS, Applicant is the sole owner in fee simple of that certain real property located at 88 Sunnyside Lane in the City of Orinda, State of California, which consists of approximately 24.03 acres and is more particularly described in Subdivision No. MS 2015-001 (the “Property”); and
WHEREAS, Applicant is subdividing the Property into four (4) lots, three (3) of which will be developed with new single-family homes and associated improvements.

One parcel (“Parcel B”) would contain an existing residence; and WHEREAS, the portions of the site that are subject to the Open-Space Easement are the shaded areas shown on Exhibit A to the Open Space Easement Deed (“Easement Areas”); and
WHEREAS, the Easement Areas are essentially unimproved; and WHEREAS, the Easement Areas have one or more of the following: natural scenic beauty, existing openness, and value as a watershed or for wildlife and habitat preservation; and
WHEREAS, maintaining “the semi-rural character of Orinda” and “the dominance of wooded and open ridges and hillsides” are two of the Guiding Policies of the Land Use Element of the City’s General Plan. (Land Use Policies 2.1.1(A) and 2.1.1(B), respectively.) The General Plan defines “semi-rural character,” in part, as consisting of “major visible undeveloped ridgelines and hillsides,” “undisturbed creeks and creek beds,” and “visible vacant land within and adjacent to residential areas.” (General Plan Land Use Element § 2.1); and
WHEREAS, retaining “steep or unstable slopes as open space” is one of the Guiding Policies of the Open Space and Parks Element of the City’s General Plan. (Open Space and Parks Policies 2.2.1(C)); and
WHEREAS, Orinda Municipal Code section 17.7.2 provides that the objectives of the City’s hillside development standards include “Retain[ing] open hillsides and significant ridgelines in as near a natural state as is feasible;” and “Provid[ing] for the preservation and maintenance of significant ridgelines, open space and recreational lands” (OMC §§ 17.7.2 G and I). A portion of the Property that includes open hillsides and two ridgelines are located within the Easement Areas; and WHEREAS, in furtherance of the Guiding Policies of the Land Use Element and Open Space and Parks Element of the City’s General Plan and Orinda Municipal Code section 17.7.2, Applicant is offering for dedication to the City the development rights to the Easement Areas; and
WHEREAS, the City is authorized to hold the Open Space Easement pursuant to California Government Code section 51080; and
F.3.e
Packet Pg. 114 Attachment: Attachment E Resolution 68-23 Acceptance and Approval of 88 Sunnyside Subdivision (3262 : 88 Sunnyside Lane (MS 2015-001) WHEREAS, Applicant’s conveyance of the Open Space Easement and the offer of dedication of development rights to the Easement Areas are requirements for Subdivision No. MS 2015-001; and
WHEREAS, the Planning Department has issued a report indicating that the Open Space Easement is consistent with the General Plan of the City of Orinda and recommended that the City Council accept and approve said Open Space Easement; and
WHEREAS, the conditions of approval require that the Applicant enter into a Stormwater Operations and Maintenance Agreement and Right of Entry since the project is subject to the development stormwater requirements in the City’s National Pollutant Discharge Elimination System (NPDES) permit and requirements in Title 18 of the OMC; and
WHEREAS, the conditions of approval require that the Applicant enter into a Subdivision Improvement Agreement prior to approval of the Parcel Map, as required by OMC section 16.28.150; and
WHEREAS, a Subdivision Improvement Agreement, executed by the Applicant, has been approved as to form by the City Attorney and a cash deposit and bond have been provided to the City securing the construction of the required improvements; and WHEREAS, On March 15, 2022, the Orinda Geologic Hazard Abatement District (“GHAD”) Board of Directors adopted Resolution 22-02 approving the annexation of the 88 Sunnyside Lane development (Subdivision MS 2015-001) into the Orinda GHAD, subject to the adoption of a resolution approving the annexation by the Orinda City Council, as required by Public Resources Code section 26581, and conditioned upon approval of the proposed assessment following a proceeding pursuant to Proposition 218; and
WHEREAS, the Proposition 218 process was completed by the GHAD Board in May of 2022; and
WHEREAS, the approval of the Parcel Map and related actions will not have a significant impact on the environment as defined by the California Environmental Quality Act (CEQA), as it is consistent with the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the project; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt the following findings:

1. The Parcel Map for Subdivision MS 2015-001, 88 Sunnyside Lane, together with all supplementary documents is in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval and is consistent with the City of Orinda General Plan; F.3.e
Packet Pg. 115 Attachment: Attachment E Resolution 68-23 Acceptance and Approval of 88 Sunnyside Subdivision (3262 : 88 Sunnyside Lane (MS 2015-001)

2. Preservation of the Easement Areas as open space is consistent with the City’s General Plan; and

3. Preservation of the Easement Areas as open space is in the best interest of the City and is important to the public for the enjoyment of scenic beauty specifically because:
a. The Easement Areas are essentially unimproved and, if retained in their natural state, have scenic value to the public. The Open Space Easement contains appropriate covenants to that end.
b. It is in the public interest that the Easement Areas be retained as open space because the Easement Areas add to the amenities of living in neighboring urbanized areas and/or will help preserve the rural character of the area in which the Easement Areas are located. The Open Space Easement contains appropriate covenants to that end.

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

1. Approves the Parcel Map for Subdivision MS 2015-001;

2. Accepts and approves the Open-Space Easement Deed dated December 8, 2023 and executed by the City of Orinda and Nafis Jamal, Trustee of the Nafis Jamal Revocable Trust dated April 17, 2014;

3. Approves the Stormwater Operations and Maintenance Agreement and Right of Entry;

4. Approves the Subdivision Improvement Agreement;

5. Directs the City Clerk to execute the Parcel Map and make it available for filing with the County Recorder;

6. Directs the City Clerk to endorse the acceptance and approval of the Open Space Easement on the Open Space Easement Deed, to record said endorsed easement in the official records of the Contra Costa County, California, and to file a copy thereof with the County Assessor; and

7. Approves the annexation of the 88 Sunnyside Lane development (Subdivision MS 2015-001) into the Orinda GHAD as ordered by the GHAD Board on March 15, 2022.

PASSED AND ADOPTED by the City Council of the City of Orinda at a regular meeting held on December 19, 2023, by the following vote, to wit:

COUNCILMEMBERS: AYES:

COUNCILMEMBERS: NOES:

F.3.e
Packet Pg. 116 Attachment: Attachment E Resolution 68-23 Acceptance and Approval of 88 Sunnyside Subdivision (3262 : 88 Sunnyside Lane (MS 2015-001) COUNCILMEMBERS: ABSENT:

COUNCILMEMBERS: ABSTAIN:
____________________________________
Darlene Gee, Mayor
ATTEST:
_____________________________
Sheri Smith, City Clerk
1512974.5
F.3.e
Packet Pg. 117 Attachment: Attachment E Resolution 68-23 Acceptance and Approval of 88 Sunnyside Subdivision (3262 : 88 Sunnyside Lane (MS 2015-001) City Council
Staff Report
Agenda Item: H.1
Date: December 19, 2023
Department: Human Resources
AGENDA TITLE: Consider Adoption of Resolution No. 67-23 Approving and Authorizing the Mayor to Execute the Third Amendment to Employment Agreement between the City of Orinda and David Biggs, City Manager RECOMMENDATION:

Consider Adoption of Resolution No. 67-23 approving and authorizing the Mayor to execute the Third Amendment to Employment Agreement between City of Orinda and David Biggs
BACKGROUND:

California Government Code section 54953(c)(3) establishes requirements for the adoption of salary and compensation adjustments for local agency executives. The information in this report conforms with the requirements of the Government Code.

Prior to taking final action, the City Council must orally report a summary of a recommendation for final action. This must be done during the open meeting in which the final action is to be taken.

The City Council approved an Employment Agreement with David Biggs on February 2, 2021, by Resolution 06-21 to serve as the City of Orinda’s City Manager beginning April 5, 2021. The Employment Agreement specified that a six-month evaluation would take place not later than November 1, 2021, to determine whether a salary adjustment is warranted based on market comparability and performance. The Council conducted a performance review in November 2021 and, on January 11, 2022, the Council approved Resolution No. 02-22 authorizing the Mayor to execute the First Amendment to the Employment Agreement providing a 3% salary increase effective January 3, 2022.

A Second Amendment to the City Manager Employment Agreement was approved by the City Council on November 15, 2022, by Resolution 56-22 authorizing the Mayor to execute the Second Amendment providing a 3% salary increase effective November 7, 2022, and modifying the employment agreement language to include work hour updates due to the City’s transition to a 9/80 Work Schedule and Holidays observed to be consistent with updates for the City’s Unrepresented Employees. It also provided an increase in the amount of Administrative Leave from 80 to 120 hours each fiscal year.

DISCUSSION:

The City Manager Employment Agreement specifies in section 3B that the City Council should review the City Manager performance on an annual basis, which the Council has requested take place in the Fall of each year. An annual performance review was conducted by the Council, concluding in November 2023 and performance objectives were set. The recommendation by Mayor Miller is for a four percent (4%) salary H.1
Packet Pg. 118
increase for the City Manager. This adjustment is equal to the four percent (4%) increase received most recently by the Unrepresented Employees which was effective on July 1, 2023. Mayor Miller has recommended the 4% increase as being fiscally responsible and being warranted in recognition of the City Manager’s accomplishments, per section 3C of the Employment Agreement.

The Human Resources Manager worked with outside legal counsel, Deanna Mouser, to draft the necessary Contract Amendment for consideration by the City Council.

FISCAL IMPACT:

The base salary for the City Manager would be $268,112.00 per year. The annualized cost to the City is $11.807.57. This includes:
4% salary adjustment $10,316.80
Increased contributions to MissionSquare 401(a) Plan $ 1,341.18 Increased Medicare payroll taxes of $ 149.59
TOTAL ANNUAL INCREASE IN COSTS: $11,807.57
The adjustment is proposed to be effective November 6, 2023, which means the impact on the current fiscal year expenditures are estimated to be $7,867.90.

The FY 2023-2024 budget for the City Manager salary is sufficient to cover the proposed adjustment. The increase in future costs resulting from this amendment will be incorporated into future operating budgets as appropriate.

ATTACHMENTS:

A. Resolution 67-23 City Manager Employment Agreement Amendment B. City Manager Employment Agreement with Amendments
C. Third Amendment to Employment Agreement City Manager-DRAFT Respectfully Submitted by:

Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:

H.1
Packet Pg. 119

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

Approving and Authorizing the )
Mayor to Execute the Third ) Resolution 67-23
Amendment to Employment )
Agreement between City of Orinda )
and David Biggs
WHEREAS, the City of Orinda and David Biggs (“City Manager”) entered into an Employment Agreement, effective as of April 5, 2021, which was approved by the City Council on February 2, 2021, by Resolution 06-21 (“Employment Agreement”), to provide for employment as City Manager of the City; and
WHEREAS, the City Manager Employment Agreement specifies in Section 3 B that the employee’s salary will be reviewed annually to determine whether a salary adjustment is warranted based on performance; and
WHEREAS, a Performance Evaluation of the City Manager was recently completed by the City Council; and
WHEREAS, the Council has determined that a 4% increase is fiscally responsible and is warranted in recognition of the City Manager’s accomplishments, per section 3 C of the Employment Agreement; and
WHEREAS, the City Council now desires to enter into a Third Amendment to the Employment Agreement to increase the City Manager’s annual salary by 4% effective as of November 6, 2023; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby authorize the Mayor to execute the Third Amendment to the Employment Agreement with David Biggs with any minor revisions as approved by the City Employment Counsel.

ADOPTED by the City Council of the City of Orinda at a regular meeting of the Council held on December 19, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
H.1.a
Packet Pg. 120 Attachment: Resolution 67-23 City Manager Employment Agreement Amendment (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 121 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 122 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 123 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 124 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 125 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 126 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 127 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 128 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 129 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 130 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 131 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 132 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) H.1.b
Packet Pg. 133 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR DAVID BIGGS 1

FIRST AMENDMENT TO

EMPLOYMENT AGREEMENT
between

CITY OF ORINDA AND DAVID BIGGS
(Effective January 3, 2022)

1. PARTIES AND EFFECTIVE DATE.

The parties to this First Amendment to Employment Agreement (“First Amendment”) are the City of Orinda (“CITY”) and DAVID BIGGS (“Employee”), and the effective date of this First Amendment shall be January 3, 2022 (“Effective Date”). CITY and EMPLOYEE shall be collectively referred to as “parties”.

3. AMENDMENT
Section 3.A. of the Employment Agreement entitled “COMPENSATION AND HOURS” is hereby amended as follows:

3. COMPENSATION AND HOURS
The City agrees to compensate Employee for his services as City Manager as follows:

A. “As of the effective date, Employee’s base salary will be $250,290.00 per year, which will be paid according to the City’s regular payroll periods, policies, and practices, except as modified by the specific terms of the Agreement.”
Except as otherwise specifically set forth in this First Amendment, the remaining terms and obligations set forth in the Employment Agreement between the CITY and EMPLOYEE shall remain in full force and effect.

DocuSign Envelope ID: 5608C294-D8CB-4374-854A-B4B14A1D505D H.1.b
Packet Pg. 134 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR DAVID BIGGS 2 This First Amendment shall be effective as of January 3, 2022, regardless of when executed by the parties.

AUTHORIZED SIGNATURES:
___________________________ ________________________
Dennis Fay, Mayor David Biggs, Employee
City of Orinda
ATTEST:
__________________________
Sheri Marie Smith
City Clerk
APPROVED AS TO FORM:
__________________________
Deanna Mouser
Employment Counsel for City
DocuSign Envelope ID: 5608C294-D8CB-4374-854A-B4B14A1D505D 1/12/2022
1/12/2022 1/12/2022
1/12/2022
H.1.b
Packet Pg. 135 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR DAVID BIGGS 1

SECOND AMENDMENT TO

EMPLOYMENT AGREEMENT
between

CITY OF ORINDA AND DAVID BIGGS
(Effective November 7, 2022)

1. PARTIES AND EFFECTIVE DATE.

The parties to this Second Amendment to Employment Agreement (“Second Amendment”) are the City of Orinda (“CITY”) and DAVID BIGGS (“Employee”), and the effective date of this Second Amendment shall be November 7, 2022 (“Effective Date”). CITY and EMPLOYEE shall be collectively referred to as “parties”.

2. PURPOSE
The parties have previously entered into an Employment Agreement between CITY and EMPLOYEE (“Employment Agreement”) effective beginning April 5, 2021. The parties entered into that certain First Amendment to Employment Agreement with an effective date of January 3, 2022 to increase compensation (“First Amendment”). The parties now wish to amend the Employment Agreement to modify EMPLOYEE’s compensation, Hours, Holidays and timing of Performance Evaluation as follows:

3. AMENDMENTS
Section 3.A. of the Employment Agreement entitled “COMPENSATION AND HOURS” is hereby amended as follows:

3. COMPENSATION AND HOURS
The City agrees to compensate Employee for his services as City Manager as follows:

A. “As of the effective date, Employee’s base salary will be $257,795.20 per year, which will be paid according to the City’s regular payroll periods, policies, and practices, except as modified by the specific terms of the Agreement.”
DocuSign Envelope ID: 3CA20A82-A8CA-48BF-ADE1-945B395C5415 H.1.b
Packet Pg. 136 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR DAVID BIGGS 2 i. “Employee will perform 80 or more hours of work per two-week pay period, or Employee will otherwise account for at least 80 hours per two-week pay period as non-work time. More specifically, Employee will account for 80 hours per two-week pay period as one of the following:”
Section 3.C. of the Employment Agreement is hereby amended as follows:

C. If Employee's performance is satisfactory when reviewed in the fall each year, Employee shall timely cause the City Council’s consideration of a salary increase to be placed on the City Council’s regular meeting open session agenda. A salary increase, if any is granted, will be effective on the date Council specifies. The total salary increase to be considered at that time shall not exceed three percent (3%), unless Council determines a higher increase is both fiscally responsible and is warranted in recognition of the City Manager’s accomplishments.

Section 4.B. of the Employment Agreement entitled “HOLIDAYS” is hereby amended as follows:

D. Holidays. The City observes the following holidays and will provide Employee time off with pay for each holiday based on the hours that would have otherwise been worked on the day of the holiday based on the 9/80 Work Schedule for employees, unless otherwise provided in this Agreement.

Holiday Day Observed
New Year’s Day January 1
MLK Jr. Birthday Third Monday in January
President’s Day Third Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Veterans’ Day November 11
Thanksgiving Day Fourth Thursday in November
DocuSign Envelope ID: 3CA20A82-A8CA-48BF-ADE1-945B395C5415 H.1.b
Packet Pg. 137 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR DAVID BIGGS 3 The Day After Thanksgiving Fourth Friday in November
Christmas Eve December 24
Christmas December 25
Section 4.I. of the Employment Agreement entitled “ADMINISTRATIVE LEAVE” is hereby amended as follows:

I. Administrative Leave. Employee receives administrative leave of 120 hours each fiscal year effective the date of the Second Amendment (40 additional hours for use in FY 22-23).

Except as otherwise specifically set forth in this Second Amendment, the remaining terms and obligations set forth in the Employment Agreement between the CITY and EMPLOYEE shall remain in full force and effect.

This Second Amendment shall be effective as of November 7, 2022, regardless of when executed by the parties.

AUTHORIZED SIGNATURES:
___________________________ ________________________
Dennis Fay, Mayor David Biggs, Employee
City of Orinda
ATTEST:
__________________________
Sheri Marie Smith
City Clerk
APPROVED AS TO FORM:
__________________________
Deanna Mouser
Employment Counsel for City
DocuSign Envelope ID: 3CA20A82-A8CA-48BF-ADE1-945B395C5415 11/16/2022
11/16/2022
11/16/2022
11/16/2022
H.1.b
Packet Pg. 138 Attachment: City Manager Employment Agreement with Amendments (3264 : CM Third Amendment Employment Agreement) DRAFT
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT FOR DAVID BIGGS 1

THIRD AMENDMENT TO

EMPLOYMENT AGREEMENT
between

CITY OF ORINDA AND DAVID BIGGS
(Effective November 6, 2023)

1. PARTIES AND EFFECTIVE DATE.

The parties to this Third Amendment to Employment Agreement (“Third Amendment”) are the City of Orinda (“CITY”) and DAVID BIGGS (“Employee”), and the effective date of this Third Amendment shall be November 6, 2023 (“Effective Date”). CITY and EMPLOYEE shall be collectively referred to as “parties”.

2. PURPOSE
The parties have previously entered into an Employment Agreement between CITY and EMPLOYEE (“Employment Agreement”) effective beginning April 5, 2021. The parties entered into that certain First Amendment to Employment Agreement with an effective date of January 3, 2022 to increase compensation (“First Amendment”). The parties entered into that certain Second Amendment to Employment Agreement with an effective date of November 7, 2022.

The parties now wish to amend the Employment Agreement to modify EMPLOYEE’s compensation as follows:

3. AMENDMENTS
Section 3.A. of the Employment Agreement entitled “COMPENSATION AND HOURS” is hereby amended as follows:

3. COMPENSATION AND HOURS
The City agrees to compensate Employee for his services as City Manager as follows:

A. “As of the effective date, Employee’s base salary will be $268,112.00 per year, which will be paid according to the City’s regular payroll periods, policies, and practices, except as modified by the specific terms of the Agreement.”
H.1.c
Packet Pg. 139 Attachment: Third Amendment to Employment Agreement City Manager-DRAFT (3264 : CM Third Amendment Employment Agreement) DRAFT
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT FOR DAVID BIGGS 2 Except as otherwise specifically set forth in this Third Amendment, the remaining terms and obligations set forth in the Employment Agreement between the CITY and EMPLOYEE shall remain in full force and effect.

This Third Amendment shall be effective as of November 6, 2023, regardless of when executed by the parties.

AUTHORIZED SIGNATURES:
___________________________ ________________________
Inga Miller, Mayor David Biggs, Employee
City of Orinda
ATTEST:
__________________________
Sheri Marie Smith
City Clerk
APPROVED AS TO FORM:
__________________________
Deanna Mouser
Employment Counsel for City
H.1.c
Packet Pg. 140 Attachment: Third Amendment to Employment Agreement City Manager-DRAFT (3264 : CM Third Amendment Employment Agreement)

Orinda City CouncilDecember 19, 2023

Orinda City Council
December 19, 2023