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, January 9, 2024
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 01.09.24
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, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
City Council
Agenda Page 2 01.09.24
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. ITEMS FOR THE GOOD OF THE CITY
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.
Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.
F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. December 19, 2023 Closed Session
2. December 19, 2023 Regular Meeting
F.2. 2023 Annual Report of Development Impact Fee Funds Per AB1600 (Government Code Sections 66000 and Following)
Recommendation:
Staff recommends that the City Council: (1) Receive and file the City of Orinda Annual Report of Development Impact Fee Funds for the year ended June 30, 2023
G. PUBLIC HEARING
G.1. Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment, and Agreement Regarding and Amending Prior Agreements Known as the Subdivision Improvement Agreement, Reimbursement Agreement, and Sidewalk Agreement (Amending Agreement)
Recommendation:
City Council
Agenda Page 3 01.09.24
1) Introduce and Waive the first reading of Ordinance 24-01 Approving the Ninth Amendment to the Development Agreement and Preannexation Agreement for the Wilder Project in Gateway Valley; 2) Introduce and Waive the first reading of Ordinance 24-02 Amending the Gateway Valley (Wilder) Final Development Plan to Clarify the Application of Zoning Standards for the Property; and, 3) Approve the Amending Agreement with OGLLC.
H. POLICY MATTERS
H.1. Receive Annual Comprehensive Financial Audit Report And Other Compliance Reports For June 30, 2023
Recommendation:
Accept the Annual Comprehensive Financial Report (ACFR); Memorandum of Internal Controls (MOIC); Appropriations Limit Report; and Transportation Development Act Funds Report (TDA) for the fiscal year ended June 30, 2023.
H.2. Update on Plan Orinda Initiative - Downtown Precise Plan, Housing Element, and related Efforts
Recommendation:
Staff recommends the City Council receive the report, take public testimony, and provide feedback on next steps for implementation of the Downtown Precise Plan and Housing Element goals, policies, and actions.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, January 23, 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 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 City Council
Agenda Page 4 01.09.24
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 19, 2023 Closed Session
2. December 19, 2023 Regular Meeting
ATTACHMENTS:
A. City Council Closed Session Meeting Minutes for December 19, 2023 B. City Council Meeting Minutes of December 19, 2023
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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December 19, 2023
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
6:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Miller called the meeting to order at 6:00 p.m. and City Manager Biggs called the roll. All Councilmembers were present.
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.CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 7:00 P.M.
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Meeting Minutes for December 19, 2023 (3269 : City Council Minutes) Orinda City Council Minutes Page 1 of 6 12.19.23
DECEMBER 19, 2023
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 7:00 P.M. – REGULAR MEETING– GARDEN ROOM, ORINDA LIBRARY A. CALL TO ORDER / ROLL CALL:
Mayor Miller called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Brandyn Iverson, Latika Malkani, Janet Riley Mayor Inga Miller, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Miller.
C. ADOPTION OF AGENDA
Vice Mayor Gee proposed moving up Item E on the agenda to be heard before Item D.1.
MOTION by Vice Mayor Gee, and seconded by Councilmember Iverson, to adopt the agenda, as amended. Said motion carried by unanimous (5-0) roll call vote.
E. PUBLIC FORUM
Nick Waranoff said he appreciated the amendment of the agenda and spoke in support of the written submission he emailed to the Council and said the spreadsheet is easier to read in the format he presented. He asked that the Council hold a public hearing to consider whether it should reconsider the distribution of housing in the Housing Element.
The adoption of the Housing Element on January 31st was under duress and as the record reflects, there were concerns about what would happen if the Council did not approve all items on the agenda at that time. Despite the massive outreach of the process, he was shocked by the massive turnout at the Planning Commission last Tuesday when the first part of the proposed rezoning was heard. There was never a hearing where concerns of particularly those in south Orinda and impacts to schools were heard.
City Clerk Sheri Smith announced that the Council received another written communication from Sandy Pearson.
F. ITEMS FOR THE GOOD OF THE CITY
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Attachment: City Council Meeting Minutes of December 19, 2023 (3269 : City Council Minutes) Orinda City Council Minutes Page 2 of 6 12.19.23
D.1. Mayor's Award of Excellence to the Orinda Planning Department for "Plan Orinda"
Mayor Miller recognized Planning Director Drummond Buckley and the Planning Department team for their hard work, and presented the Mayor’s Award of Excellence to the Orinda Planning Department for “Plan Orinda.”
Planning Director Drummond Buckley thanked the Orinda community, City Council, Planning Commission, Downtown Housing Subcommittee, and all community groups who participated in the process for Plan Orinda. He worked for three City Managers and he particularly thanked City Manager Biggs. The department managed this project but Plan Orinda belongs to the community, elected and appointed officials. He acknowledged the substantial contributions of the consultants, PlaceWorks, Opticos Design, Rincon, and EPS that provided support and guidance throughout the process, as well as the City Attorney’s Office which helped the department navigate through a highly complex legal landscape.
He said that every staff member has pitched in to help but the core team is present and he introduced and described their accomplishments as former planner Mike Patel, Assistant Planner Darren Hughes, and Associate Planner Winnie Mui and gave special side awards which he presented to each member.
Mayor Miller and Councilmembers individually read excerpts from a proclamation and presented it to Planning Director Drummond Buckley.
Mayor Miller opened the Public Forum.
Amy Worth, former Mayor, echoed recognition of Mr. Buckley and his excellent Planning Department team and spoke of the significant accomplishments during his tenure.
Planning Commissioner Hubner said it has been a wonderful opportunity to envision the future of Orinda in the whole and specifically in the downtown as the Plan Orinda was developed and will be implemented. Being on the Planning Commission, they were very much assisted by the excellent work of Mr. Buckley and his staff and thanked them.
Mayor Miller and Councilmembers recognized the on-going accomplishments of Planning staff especially on the Plan Orinda document.
G. CONSENT CALENDAR
Mayor Miller asked and confirmed no Councilmembers wished to remove an item, and there were no public comments.
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. December 5, 2023 Closed Session
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Attachment: City Council Meeting Minutes of December 19, 2023 (3269 : City Council Minutes) Orinda City Council Minutes Page 3 of 6 12.19.23
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:
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.
MOTION by Councilmember Riley, and seconded by Councilmember Malkani, to approve Consent Calendar Items F.1.1, F.1.2, F.2, and F.3. Said motion carried by unanimous (5-0) roll call vote.
G. PUBLIC HEARING – None
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
Mayor Miller introduced the item and recommendation. She asked and confirmed there were no questions from Councilmembers.
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Attachment: City Council Meeting Minutes of December 19, 2023 (3269 : City Council Minutes) Orinda City Council Minutes Page 4 of 6 12.19.23
Human Resources Manager Ginger Staton spoke about the need for an oral report on the compensation package and proposed 4% increase for the City Manager, said the Council completed his performance evaluation and if approved tonight, the new base salary will be $268,112 per year. The recommendation is for the Council to 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.
There is an increased contribution to the 401K plan at $1,341.18. The 4% salary adjustment is $10,316.80, and there is an increase Medicare payroll tax of $149.59 all of which totals to $11,807.57 annual increase. This adjustment is effective November 6, 2023 which means the impact on the current FY expenditure is estimated to be $7,867.90.
Mayor Miller opened the Public Forum, and there were no speakers.
MOTION by Vice Mayor Gee, and seconded by Mayor Miller, to adopt Resolution No. 67-23 approving and authorizing the Mayor to execute the Third Amendment to Employment Agreement between City of Orinda and David Biggs. Said motion carried by unanimous (5-0) roll call vote.
H.2. Selection of Mayor for a Term Beginning December 2023 through December 2024
Mayor Miller announced the annual reorganization of the City Council and declared the Office of Mayor vacant and called for the election of Mayor for 2023-2024. She opened nominations for the Office of Mayor.
Councilmember Malkani nominated Councilmember Darlene Gee for the Office of Mayor. There were no further nominations.
MOTION by Councilmember Iverson, and seconded by Mayor Miller, to close nominations and elect Councilmember Darlene Gee as Mayor. Said motion carried by unanimous (5-0) roll call vote.
H.3. Selection of Vice Mayor for a Term Beginning December 2023 through December 2024
Mayor Gee declared the Office of Vice Mayor vacant and she called for the election of Vice Mayor for 2023-2024. She opened nominations for the Office of Vice Mayor.
Councilmember Miller nominated Councilmember Latika Malkani for the Office of Vice Mayor. There were no further nominations.
MOTION by Councilmember Iverson, and seconded by Mayor Gee, to close nominations and elect Councilmember Latika Malkani as Vice Mayor. Said motion carried by unanimous (5-0) roll call vote.
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Attachment: City Council Meeting Minutes of December 19, 2023 (3269 : City Council Minutes) Orinda City Council Minutes Page 5 of 6 12.19.23
H.4. Swearing-in - Oath of Office to new Mayor and Vice Mayor City Clerk Smith administered the Oath of Office to Mayor Gee and Vice Mayor Malkani.
H.5. Acknowledge Service to the Community of Outgoing Mayor Inga Miller
Mayor Gee recognized outgoing Mayor Inga Miller and acknowledged her service to the Orinda community. She spoke of Mayor Miller’s commitment, dedication, and focus in caring for the City of Orinda. She has applied her professional and personal knowledge to the benefit of Orinda, and she and Councilmembers read portions of a proclamation into the record.
Mayor Gee opened the Public Forum.
Roy Hodgkinson, Orinda Chamber of Commerce, spoke of Councilmember volunteerism, service of Mayor and Vice Mayor, accomplishments of Mayor Miller and her ongoing inclusion and a heart filled with wanting to make Orinda a better place. He looks forward to their continued relationship with Mayor Miller, Councilmembers, and all volunteers in the community who contribute so much. They look forward to a wonderful 2024.
David Bowen, Friends of Orinda Creeks, said he has come to the Council many times with many requests, and he thanked former Mayor Miller and Councilmembers and staff for their professionalism and dedication in sometimes challenging times.
Councilmembers thanked former Mayor Miller for her devotion and time for the City of Orinda and its community., recognized her involvement with three new Councilmembers, and voiced appreciation for her assistance over 2023 and in the coming year.
Mayor Miller thanked Councilmembers and said it was a pleasure serving as Mayor.
I. COUNCILMEMBERS’ REPORTS – Councilmember Iverson reported on the Lamorinda School Bus meeting, stating in the last year they have saved 616,000 car trips with the school bus. Ridership and revenue is up 12% year on year, Wilder now has 104 bus riders of which 40% are in kindergarten and 1st grade.
They are seeing ridership now above pre-pandemic levels and said they should be proud of this program.
Councilmember Miller reported on their Central Contra Costa Solid Waste Authority retreat in Orinda at the Art and Garden Center with Councilmember Riley.
Councilmember Riley reported she was approached by a homeowner who wanted to have their home landmarked, and said she hopes the original Adobe comes before the City in the historic landmarking process.
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Attachment: City Council Meeting Minutes of December 19, 2023 (3269 : City Council Minutes) Orinda City Council Minutes Page 6 of 6 12.19.23
J. CITY MANAGER’S REPORT – City Manager Biggs wished the Orinda community and Council a happy holiday season and Happy New Year. Starting this Friday, December 22-January 2, the City offices will be closed. City staff are still available to take care of essential duties and police officers will be on duty.
They celebrated with employees at their annual Employee Service Awards and Holiday Luncheon, and he particularly recognized Jenny Flores who has been with the City for 35 years.
K. MATTERS INITIATED – None.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:18 p.m. to the next Regular Council Meeting on Tuesday, January 09, 2023, at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Meeting Minutes of December 19, 2023 (3269 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: January 9, 2024
Department: Finance
AGENDA TITLE: 2023 Annual Report of Development Impact Fee Funds Per AB1600 (Government Code Sections 66000 and Following)
RECOMMENDATION:
Staff recommends that the City Council: (1) Receive and file the City of Orinda Annual Report of Development Impact Fee Funds for the year ended June 30, 2023 BACKGROUND:
The City of Orinda, like many other local agencies, levies fees (“development fees”) on new development within the City to fund public capital improvements necessitated by such development. The California Mitigation Fee Act, commonly known as AB1600 (California Government Code Sections 66000 and following), regulates how public agencies collect, maintain, and expend impact fees imposed on developers for the purpose of defraying costs of public facilities. It also includes requirements for annual accounting and reporting of the fees. Every five years, the City must make findings describing the continuing need for funds remaining unexpended that have been in the possession of the City for five years or more. If the required findings are not made, the unexpended funds shall be refunded to the current property owners.
Historically in the City of Orinda, the required City Council review of the annual report of the impact fee has been achieved through the City Council’s acceptance of a report containing the required information.
DISCUSSION:
The Administrative Services Director has reviewed the fees enacted by the City of Orinda that qualify as Impact Fees under the provisions of the State Code. The following development fees were determined to be covered by the Mitigation Fee Act:
• Transportation Impact Fees
• Drainage Impact Fees
• Park Dedication Fees
As required by law, these fees are segregated from the General Fund and accounted for in special revenue funds and reported discreetly as part of the Annual Comprehensive Financial Report and Audit. Expenditures from these funds were in the form of capital improvement projects to either renovate existing facilities or maintain the existing level of service, consistent with the General Plan and approved Capital Improvement Plan, due to increased demand related to development projects.
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Government Code Section 66001 requires that the City make available to the public information regarding development impact fees for each fund within 180 days after the end of each fiscal year:
• A brief description of the type of development fee.
• The amount of the development fee.
• The beginning and ending fund balance for the fiscal year. • The amount of development fees collected, and interest earned. • An identification of each public improvement on which development fees were expended together with the amount of such expenditures, including the total percentage of the cost of the public improvement that was funded with fees. • Information regarding the schedule for commencement of certain public improvements to be funded with development fees.
• Determination that sufficient funds have been collected to complete financing on an incomplete public improvement.
• A description of any inter-fund transfers or loans made from the fund. • The amount of any refunds made.
The Annual Report, which is shown as an attachment to this staff report (Attachment A), meets the requirements to comply with the Mitigation Fee Act.
Noticing Requirements
Government Code Section 66006(b)(2) requires the report to be included on the City Council meeting agenda at a public meeting not less than 15 days after the information was made available. Staff posted a Notice of Availability on December 21, 2023, indicating that the report was available. The Notice of Availability of the Report was posted in the established City notice posting locations. In addition, the Government Code Section requires that the notice of the meeting shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency. The City provided notice to the Building Industry Association.
NEXT STEPS:
The City Clerk is to retain this report in the official records of the City.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt and filing of this report. As of June 30, 2023, no refund of development impact fees is required.
ATTACHMENTS:
A. FY 2023 Orinda Annual Impact Fee Report
Respectfully Submitted by:
Doug Alessio
Administrative Services Director
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Prepared By: Nancy Zhang,
Approved by:
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CITY OF ORINDA
ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
(Report Available to Public December 21, 2023 and
Included on City Council Public Meeting Agenda January 9, 2024)
A. DESCRIPTION OF THE CITY’S IMPACT FEES - Section 66006(b)(1)(A) CGC The City of Orinda has established the following Development Impact Fee Funds which are subject to annual reporting as part of the Mitigation Fee Act provisions in California Government Code (CGC) Section 66000 et seq.:
• Transportation Improvement Program Fee (Local Portion) as described in Chapter 3.20 of the Orinda Municipal Code.
This fund accounts for the Transportation Impact fee imposed on new development to help fund and pay for the construction of needed expansion or offsite capital improvements for roads, bikeways, sidewalks and traffic signals. • Drainage Impact Fees as described in Chapter 3.24 of the Orinda Municipal Code.
This fund accounts for the Drainage Impact fee imposed on new development to help pay for a drainage master plan and the construction of improvements recommended in the plan.
• Park Dedications and Improvement Fees as described in Chapter 3.28 of the Orinda Municipal Code.
This fund accounts for the Park Dedication fee imposed on development to provide funding for acquiring new parklands, building new recreational facilities, and rehabilitating or replacing existing parks and recreation facilities to enable those facilities to provide services to new residents and to offset the loss of private residential recreational and visual open space.
B. AMOUNTS CHARGED BY THE CITY FOR IMPACT FEES - Section 66006(b)(1)(B) CGC
The amounts charged for the impact fees noted above are dependent upon the type and size of a particular development and were based upon related studies, as adjusted over the years by the CPI. The City Council has adopted and imposed the subject fees and the rates applied as of June 30, 2023, are shown in the table on the following page.
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Attachment: FY 2023 Orinda Annual Impact Fee Report (3257 : 2023 Impact Fee Report AB 1600)
CITY OF ORINDA
ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
(Report Available to Public December 21, 2023 and
Included on City Council Public Meeting Agenda January 9, 2024)
AMOUNT OF INDIVIDUAL DEVELOPMENT FEES
(Resolution # 28-22 Effective June 21, 2022 – Drainage and Park Dedication Fee; Resolution # 12-23 Effective January 1, 2023 – Transportation Impact Fee) FEE CALCULATION METHOD $ AMOUNT
Transportation
(Local Portion)
Regional Portion is a
pass-through
administered by JPA.
Residential – Per Unit
Transit Oriented MF – Per
Unit
Non-Residential – Per Sq. Ft.
Other – Per Trip Generated
Single Family $4,912.73
Multi-Family / 2nd Unit $3,438.71
Multi-Family / Transit $1,822.75
Non-Residential $5.25 / sq. ft.
Other $540.68 per trip
Drainage Fee Impervious surface added by
new development
$1.60 per square foot in excess of
100 feet
Park Dedication Fee Per Residential Unit Single Family (SF) Detached $22,040
SF Attached or Townhouse
$14,975
Multi-Family Duplex or
Condominium
$15,380 per unit
C. ACCOUNTING FOR IMPACT FEE REVENUE - Section 66006(b)(1)(C-D) CGC As provided for under State Law the City must account in each of the Impact Fee Funds for:
Beginning Balance; Fees Collected, Interest and other Revenue; Expenditures; and the Ending Balance. If there were any inter-fund loans or transfers those must also be disclosed. The City did not have any loans or inter-fund transfer transactions in the Fiscal Year ending June 30, 2023. The following table displays the accounting information required.
Fiscal Year 2022-2023 Impact Fee Beginning and Ending Balances (Including Revenue by type and Total Expenditures)
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Attachment: FY 2023 Orinda Annual Impact Fee Report (3257 : 2023 Impact Fee Report AB 1600)
CITY OF ORINDA
ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
(Report Available to Public December 21, 2023 and
Included on City Council Public Meeting Agenda January 9, 2024)
D. Fund Expenditures By Project - Section 66006(b)(1)(E) CGC The Mitigation Fee Act requires the City to disclose additional information related to the project expenditures from each of the Impact Fee Funds. Specifically, the report must identify:
• each public improvement on which fees were expended;
• the amount of the expenditures on each improvement; and • the total percentage of the cost of the public improvement that was funded with impact fees.
The tables below provide the additional detail for each of the funds.
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Attachment: FY 2023 Orinda Annual Impact Fee Report (3257 : 2023 Impact Fee Report AB 1600)
CITY OF ORINDA
ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2023
(Report Available to Public December 21, 2023 and
Included on City Council Public Meeting Agenda January 9, 2024)
E. IMPACT FEE LOANS / TRANSFERS AND REFUNDS Section 66006(b)(1)(G-H) CGC As provided for in Government Code Sections 66006(b)(1)(G and H) the City is also required to disclose:
• Any inter-fund transfers or loans made from the Impact Fee Fund. o Including how transferred or loaned fees were expended; and o If the transaction is a loan when it will be repaid and the rate of interest.
• Any refunds of fees granted.
There were no inter-fund transfers or loans involving the listed Impact Fees. Likewise, the City did not issue any refunds for the year ending June 30, 2023.
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Attachment: FY 2023 Orinda Annual Impact Fee Report (3257 : 2023 Impact Fee Report AB 1600) City Council
Staff Report
Agenda Item: G.1
Date: January 9, 2024
Department: Administration
AGENDA TITLE: Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment, and Agreement Regarding and Amending Prior Agreements Known as the Subdivision Improvement Agreement, Reimbursement Agreement, and Sidewalk Agreement (Amending Agreement)
RECOMMENDATION:
1) Introduce and Waive the first reading of Ordinance 24-01 Approving the Ninth Amendment to the Development Agreement and Preannexation Agreement for the Wilder Project in Gateway Valley; 2) Introduce and Waive the first reading of Ordinance 24-02 Amending the Gateway Valley (Wilder) Final Development Plan to Clarify the Application of Zoning Standards for the Property; and, 3) Approve the Amending Agreement with OGLLC.
BACKGROUND:
Gateway Development Agreement
On November 15, 1994, the City Council entered into a development agreement with Pacific New Wave Corporation (“PNW”) setting forth terms related to the development of Gateway Valley, located south of SR 24 and Gateway Boulevard, now referred to as the Wilder Development. Over the years, there have been eight subsequent amendments. OGLLC, which acquired the Gateway Property in November 1996, is bound by the terms of the 1994 Development Agreement, as amended.
Annual Review Process & Current Status
In July 2022, the City received a letter from an attorney for OGLLC stating that OGLLC had “no remaining resources or funds” and that it was forced “to halt further activities and initiate exiting the property.” At that time, OGLLC had failed to comply with the DA by not providing its Annual Review Report to the City Manager for the August 16, 2022, public hearing on OGLLC’s compliance with the DA. OGLLC submitted its Annual Review Report to the City on August 15, 2022.
The City Council adopted Resolution No, 43-22 (Attachment B) at the conclusion of its August 16, 2022 public hearing, finding that OGLLC had not complied in good faith with the DA and related approvals – August 16, 2022 Staff Report Link. In compliance with DA Section 8.1, Resolution No. 43- 22 served as the City’s notice of Event of Default. At the conclusion of the September 27, 2022, continued public hearing on OGLLC’s compliance with the DA, the City Council adopted Resolution No. 46-22 (Attachment C), G.1
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finding that OGLLC “still has not complied in good faith with the DA and related approvals,” - September 27, 2022 Staff Report Link, with the matter further continued to October 11, 2022.
At the conclusion of the October 11, 2022, public hearing, the Council adopted Resolution No. 54-22 finding that OGLLC had not cured the Events of Default identified in its prior resolutions nor made substantial progress to cure the Events of Default - October 11, 2022 Staff Report Link. The Council continued the public hearing to November 15, 2022. At the conclusion of the November 15, 2022, public hearing, the City Council adopted Resolution No. 58-22 declaring that its annual review of OGLLC’s compliance with the DA and related approvals was complete and that: OGLLC: had not brought its performance into good faith compliance with the DA and related approvals; OGLLC had not cured or commenced substantial efforts to cure the Events of Default; OGLLC remained obligated to fully comply with the DA and related approvals; and the City was entitled to pursue all available legal remedies under the DA and related approvals - November 15, 2022 Staff Report Link.
Since that time, per the City Council direction, staff and legal counsel have been working with OGLLC to bring them into compliance and address all outstanding obligations.
City staff has been in regular contact with representatives of OGLLC throughout the past several months regarding its compliance with the DA and related approvals. During this time, OGLLC has made progress toward satisfying its remaining obligations.
On June 1, 2023, the City Manager sent a letter to OGLLC advising that its Annual Review Report need only address “the areas of noncompliance identified in the City Council’s Resolutions and City Council staff reports for the 2022 Annual Review.” In addition, the letter directed OGLLC to provide “evidence that OGLLC has paid the required premiums for the financial security (bonds) required under the Subdivision Improvement Agreement and for the bond held by the California Department of Fish and Wildlife guaranteeing completion of all of the Resource Management Plan” and also “provide the City with all insurance certificates required under DA Sections 5.2 and 5.3.” On August 31, 2023, OGLLC submitted its Annual Review Report describing its progress toward satisfying many of its DA obligations and the obligations that remain unsatisfied.
On September 19, 2023, the City Council conducted a public hearing and determined that although OGLLC had made progress towards curing the Events of Default identified in 2022, it remained out of compliance with the DA and related approvals (see Resolution No. 54-23). To address that noncompliance, the City Council directed City Staff to negotiate with OGLLC regarding potential DA amendments, including changes related to: the Red-Tailed Hawk Staging Area; a BART/downtown shuttle (8th DA Amendment); and the liability insurance OGLLC is required to maintain (DA § 5.2) - September 19, 2023 Staff Report.
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DISCUSSION
While the resolution of all remaining issues and outstanding obligations related to Wilder remains the City’s goal, we have approached it on a bifurcated basis. The city must rely on the State and resources agencies to ensure that the obligations are met related to the open space areas (subject to conservation easements) to be owned long-term by the Orinda Geologic Hazard Abatement District, the East Bay Municipal Utilities District, and the East Bay Regional Parks District. City staff and legal counsel are engaged and actively working to move those elements forward, however, those are on a separate track and will take additional time to resolve.
The balance of the obligations related to the completion of the “internal” subdivision improvements and related obligations have now been resolved to the City’s satisfaction and those elements of the project are ready to be closed out and the proposed Development Agreement Amendment, Final Development Plan Clarification, and Amended Reimbursement Agreement are presented to document and define how this close-out is being accomplished. A key component of this is that the improvements required under the Subdivision Improvement Agreement have been satisfied and that will allow for the release of the remaining subdivision bonds with any remaining financial considerations addressed in the Amendment Reimbursement Agreement. Pursuit to the direction previously provided by the City Council, these recommended actions represent a comprehensive resolution of the subdivision related items that remain outstanding after the balance of items have been completed by the Developer to the City’s satisfaction. Outlined below are the relevant provisions of each of the items which the City Council is recommended to approve and discussion of those provisions.
Development Agreement Amendment
There are three provisions being amended with the recommended Ninth Amendment:
The first acknowledges that the Developer’s obligation for a Wilder BART Shuttle has been assigned to the Wilder Homeowners Association via their approved CC&R’s. The City has not requested that a shuttle be initiated, and at the current time it is not viewed as necessary or desirable. The question of should or could the requirement be eliminated from the CC&R’s now or the future is not a matter to be addressed via the Development Agreement, as the Wilder HOA is not a party to the Development Agreement, but rather could be considered via an independent process as defined in the HOA’s CC&R’s which would require City approval.
The second modifies the on-going insurance requirements to reduce the level of coverage the Developer needs to provide to be the City’s standard level of $1 Million now that construction and other higher risk activities have concluded.
The third modification is the elimination of the Red Hawk Staging Area which was planned for the upper portion of Wiler Road. The Wilder HOA had requested the elimination of the Staging Area and related improvements which the Developer otherwise would have been required to construct, though as some of these G.1
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improvements were not covered by the Subdivision Improvement Agreement and related bonds, and the Developer does not have the resources to complete the improvements, the City prioritized the completion of other improvements with what limited Developer resources were available. Though, the Developer did restore the area to an acceptable level as part of their close-out activities. Ultimately, by separate action, it is anticipated that the GHAD will take to title and assume responsibility of maintenance of this area.
The East Bay Regional Parks District has indicated in writing the are not opposed to the elimination of the Red Trail Hawk Staging Area. However, they have expressed interest in ensuring access from Wilder via the existing approved trial system to their Sibley Volcanic Regional Preserve. That would be accomplished by designating approximately 10 spaces in the Wilder Sports Complex parking lot for trail parking, with appropriate signage, with which staff agrees. In addition, they are exploring the possibility of the Developer assigning an existing deposit for a modular restroom structure which would have been part of the Red Tail Hawk Staging Area to be made available for at the nearby Old Tunnel Staging Area.
Final Development Plan Modification
The proposed FDP Amendment incorporates several planning entitlements, ordinances, and related approvals that are relevant to governing current and future development in Wilder into the FDP by reference so that all governing standards can be found in one place and reflects the elimination of the Red Hawk Staging Area per the request of the EBRPD.
Subdivision Improvement Agreement, Reimbursement Agreement, and Sidewalk Agreement (Amending Agreement)
There is an existing agreement between the City and Developer which obligates the Developer to reimburse the City for costs associated with the implementation, annual monitoring, and other activities related to the Development Agreement and the project.
As noted above, staff and legal counsel have determined that amending the Reimbursement Agreement is the best vehicle to address any remaining financial obligations related to the City which may have previously be covered under separate Subdivision Improvement Agreement and Sidewalk Agreement.
The remaining balance of an existing deposit account, together with a cash deposit related to the subdivision improvements will be retained by the city. These funds total just over $152,000 after expenses to be reimbursed through November 30, 2023, including a payment of $10,000 from the Developer received in December, are considered. Of this amount, $30,000, or $5,000 per location, will be considered as security for sidewalks remaining to be completed, the obligation for which have been assigned to future property owners in case these are not completed. The Developer may request return of the $30,000 in $5,000 increments as the sidewalks are completed only if they are current with their other obligations, including funds owed the Geologic Hazards Abatement District. The balance will be available to reimburse the City if the G.1
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Developer does not timely do so, though the Developer is obligated to maintain a minimum deposit of $100,000.
COMMISSION RECOMMENDATION
On December 12, 2023, the Planning Commission adopted Resolution No. PC 23-05 recommending the City Council approval of the Ninth Amendment to the Development and Preannexation Agreement, and they also adopted Resolution No. PC 23-06 recommending the City Council adopt an Ordinance amending the Gateway Valley (Wilder) Final Development Plan. Copies of those resolutions are attached. In addition, the Planning Commission Late Correspondence on the matter can be accessed via the attached link.
NEXT STEPS: The two actions effectuated by Ordinances will come back to the City Council for second reading and adoption on January 23, 2024. The Amended Reimbursement Agreement will be effective upon approval. The GHAD Board will also be taking actions related to some related matters at their meeting proposed for January 23, 2024.
FISCAL IMPACT: These actions will result in the amounts owed to the City by the Developer being brought current, and in the restoration of a higher deposit against which future expenses can be recovered.
ATTACHMENTS:
A. Ninth Amendment to Development and Preannexation Agreement B. Ordinance 24-01 Wilder 9th DA Amendment
C. Orindance 24-02 Amending Final Development Plan
D. Amending Agreement - signed
E. Resolution PC 23-05
F. Resolution PC 23-06
G. Weblink to: Public Correspondence to Planning Commission H. Public Correspondence to the City Council
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
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DRAFT
RECORDING REQUESTED BY )
AND WHEN RECORDED, RETURN TO )
)
City of Orinda )
22 Orinda Way )
Orinda, California 94563 )
Attention: City Clerk )
)
(Space Above This Line for Recorder’s Use
Only)
Exempt from recording fee per Gov. Code
§ 27383
NINTH AMENDMENT TO THE
DEVELOPMENT AND
PRE-ANNEXATION AGREEMENT
FOR
GATEWAY VALLEY
BETWEEN
CITY OF ORINDA
AND
OG PROPERTY OWNER, LLC
Effective Date: 20XX
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Attachment: Ninth Amendment to Development and Preannexation Agreement (3272 : Wilder Ninth Amendment to Development Agreement, DRAFT
1 NINTH AMENDMENT TO THE DEVELOPMENT AND
PRE-ANNEXATION AGREEMENT FOR GATEWAY VALLEY BETWEEN CITY OF
ORINDA AND OG PROPERTY OWNER, LLC
THIS NINTH AMENDMENT TO THE DEVELOPMENT AND PRE-ANNEXATION
AGREEMENT FOR GATEWAY VALLEY BETWEEN CITY OF ORINDA AND OG PROPERTY OWNER, LLC (“Ninth Amendment”) is entered into as of this day of , ____XX by and between the CITY OF ORINDA, a municipal corporation of the State of California (“City”), and OG Property Owner, LLC, a Delaware limited liability company (“OGLLC”), as successor-ininterest to Orinda Gateway, LLC. These entities are collectively referred to below as “Parties.” RECITALS:
This Ninth Amendment is entered into upon the basis of the following facts, understandings and intentions of the Parties:
A. The City Council of the City of Orinda, pursuant to Government Code Sections 65864 through 65869.5 and City Council Resolution No. 19-90 (“Development Agreement Legislation”), enacted Ordinance No. 94-27, adopting the 1994 Development Agreement and Pre-Annexation Agreement, on November 15, 1994; enacted Ordinance No. 99-02, approving the First Amendment to the Development and Pre-Annexation Agreement, on April 20, 1999; enacted Ordinance No. 05-02, effective April 16, 2005, approving the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley between the City of Orinda and Orinda Gateway, LLC (“Restated Development Agreement”) and related Conditions of Approval for development of the Montanera Project; enacted Ordinance No. 06-05 on October 17, 2006, effective immediately, approving the Third Amendment to the Restated Development Agreement for development of the Montanera Project; enacted Ordinance No. 07-01, effective March 8, 2007, approving the Fourth Amendment to the Restated Development Agreement for development of the Montanera Project; enacted Ordinance No. 10-01, effective May 13, 2010, approving the Fifth Amendment to the Restated Development Agreement for development of the Montanera Project, enacted Ordinance No. 13-01, effective June 6, 2013, approving the Sixth Amendment to the Restated Development Agreement for development of the Montanera Project (renamed “Wilder Project”), enacted Ordinance No. 16-04, effective July 22, 2016 approving the Seventh Amendment to the Restated Development Agreement for development of the Wilder Project, and enacted Ordinance No. 18-03, effective June 5, 2018 approving the Eighth Amendment to the Restated Development Agreement for development of the Wilder Project (collectively, "Restated Development Agreement").
B. On June 17, 2008 and November 17, 2014, respectively, the City Manager of the City of Orinda, pursuant to Sections 11.1 and 11.2 of the Restated Development Agreement executed minor amendments to the Restated Development Agreement (“Administrative Changes”).
C. The Restated Development Agreement and the Administrative Changes are collectively referred to below as the "Development Agreement" or the “Agreement.”
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Attachment: Ninth Amendment to Development and Preannexation Agreement (3272 : Wilder Ninth Amendment to Development Agreement, DRAFT
2 D. On September 19, 2023, the City Council of the City of Orinda conducted a public hearing and adopted Resolution No. 54- 23, which: (1) found that OGLLC remained out of compliance with certain requirements of the DA and related approvals; and (2) directed City Staff to negotiate with OGLLC regarding the matters described herein.
E. The City and OGLLC desire to do the following: (1) amend the requirement for implementation of a BART/downtown shuttle; (2) delete the requirement for OGLLC to construct the Red-Tailed Hawk Staging Area (formerly the “Trailhead Respite Area”) on Parcel II, Final Map 9074 and ; (3) reduce the amount of liability insurance that OGLLC is required to maintain.
F. On December 12, 2023 the Planning Commission considered the Ninth Amendment to the Development Agreement at a duly noticed public hearing and adopted Resolution No.. PC 23-05 recommending that the City Council approve the Ninth Amendment.
G. On _________________, 20XX the City Council held a duly noticed public hearing and introduced Ordinance No. 23-XX to adopt this Ninth Amendment.
H. On _________________, 20XX the City of Orinda City Council, adopted this Ninth Amendment by Ordinance No. 23-XX.
NOW THEREFORE, pursuant to Section 11.1 of the Development Agreement, the Parties hereto agree to the following:
1. Defined Terms. All terms used herein shall have the meanings given in the Development Agreement except as expressly otherwise provided herein.
2. Enumeration of Specific Amendments. The Development Agreement is hereby revised to incorporate the following amendments, consistent with the requirements of Section
11.1 of the Development Agreement. In all of the following sections, where the amendment revises text, double underline text indicates new text; strikeout text indicates a deletion.
2.1 BART/Downtown Shuttle: Appendix D, Section 1(F) is amended as follows:
A BART/downtown shuttle shall be implemented concurrent with the time that the 200th home in the Project is ready for occupancy. After the BART/downtown shuttle has been in operation a minimum of eighteen months, OGLLC or the Wilder Homeowners Association (“HOA”) may file an application to the City Council to discontinue the shuttle. The City Council may discontinue the BART/downtown shuttle only upon finding that shuttle ridership levels are too low to warrant continued shuttle operation. This eighteen-month period may be shortened, and the BART/downtown shuttle may be eliminated, if the City Council finds that an alternative transportation demand management measure is more effective than a BART/downtown shuttle. The BART/downtown shuttle shall operate between Gateway Valley and downtown Orinda, including the BART station. The shuttle shall operate during morning and evening peak periods, providing scheduled and/or on demand service (similar to a taxi). The HOA and the Planning Director shall consult and determine the location of the stops for the BART/downtown shuttle. The frequency, timing, and location of G.1.a
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Attachment: Ninth Amendment to Development and Preannexation Agreement (3272 : Wilder Ninth Amendment to Development Agreement, DRAFT
3 shuttle service shall be subject to the approval of the Planning Director.
Consistent with Section 7.11 of the Declaration of Covenants, Conditions and Restrictions of Wilder, the Wilder Association is responsible for implementing a BART/Downtown Shuttle Service between the Wilder Project and downtown Orinda, including the BART station.
2.2 Liability Insurance. Section 5.2 of the Development Agreement is amended as follows:
Orinda Gateway, LLC shall, at all times during the Term, maintain, or cause to be maintained, liability insurance insuring against bodily injury, property damage and personal injury liability arising out of Orinda Gateway, LLC's activities under this Agreement, with a combined single liability limit of not less than $7,600,000.00 $1,000,000.00 (subject to the CPI) per occurrence, such insurance to be in a Commercial General Liability form with at least the following coverages: (i) deleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; (iii) providing for blanket contractual liability coverage, broad form property damage coverage, products completed operations, and owner's protective coverage; (iv) deleting any liquor liability exclusions; and (v) providing for coverage of employers automobile non-ownership liability. Each policy of insurance maintained by Orinda Gateway, LLC hereunder shall name the City, and its boards, commissions, officers, employees and agents, as additional insureds. All such insurance shall be primary and noncontributory; shall provide for severability of interests or that an act or omission of an insured or additional insured which would void or otherwise reduce coverage shall not reduce or void the coverage as to the other insureds or additional insureds, as the case may be; and shall afford coverage for all claims based on acts, omissions, injury and damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period.
2.3 Trailhead Respite Area (aka Red-Tailed Hawk Staging Area): The requirement that OGLLC shall design and construct a Trailhead Respite Area on a portion of the area that was formerly the site of the Art & Garden Center, as set forth in the Seventh Amendment to the Development Agreement, Section 2.3, is hereby deleted. Accordingly, the Wilder 2018 Circulation Plan (Attachment 1 to the Eighth DA Amendment) is hereby amended to delete the reference to the “Trail Staging Area (EBRPD). Consistent with DA Section 2.4 Soil Disposal Area,, OGLLC shall transfer title to the Trailhead Respite Area to one of the following entities:
(1) the City, to be accepted at the City’s sole discretion, (2) EBRPD, (3) the Geologic Hazard Abatement District, or (4) other appropriate long-term owner. Notwithstanding anything to the contrary in the Development Agreement, including all Appendices and Project Approvals, the following applies exclusively to the design and construction of a “Trailhead Respite Area” on a portion of the approximately 4.5- acre area that was formerly the site of the Art & Garden Center. The location and conceptual site design for the Trailhead Respite Area shall be substantially consistent with Attachment 3, and shall include:
• Picnic tables,
• ADA compliant bathroom
• Drinking fountain,
• Trailhead parking, including 19 spaces for automobiles and two (2) horse trailer spaces, and
• Trees and native hydroseed grass areas.
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Attachment: Ninth Amendment to Development and Preannexation Agreement (3272 : Wilder Ninth Amendment to Development Agreement, DRAFT
4 The Trailhead Respite Area shall be a public facility owned and/or operated by (a) the City of Orinda or (b) East Bay Regional Park District (“EBRPD”). OGLLC shall complete the Trailhead Respite Area no later than the time that OGLLC transfers title to the Western Hills Open Space Area to the EBRPD.
3. Interpretation.
(a) The Development Agreement shall be construed as having been modified by this Ninth Amendment. Except as expressly modified by this Ninth Amendment, the Development Agreement remains in full force and effect. (b) In the case of conflict between the provisions of this Ninth Amendment and the terms of the Development Agreement, including the Final Development Plan or any other Project Approval related to the Wilder Project, the provisions of this Ninth Amendment shall control.
4. Effective Date: Recordation. The Effective Date of this Ninth Amendment shall be the later of (i) the effective date of the enacting ordinance or (ii) the date on which both the City and OGLLC have executed this Ninth Amendment. This Ninth Amendment shall be recorded as provided in Section 2.1 of the Development Agreement.
IN WITNESS WHEREOF, the City and OGLLC have executed this Ninth Amendment pursuant to Section 11.1 of the Development Agreement to signify their commitment to be bound hereby as of the day and year first written above.
CITY:
CITY OF ORINDA, a Municipal Corporation of the State of California By:
David Biggs
City Manager
[signature must be notarized]
Attest:
By:
Sheri Marie Smith
City Clerk
Approved as to form:
By:
Osa Wolff,
City Attorney
OGLLC:
OG Property Owner, LLC, a California limited liability company G.1.a
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Attachment: Ninth Amendment to Development and Preannexation Agreement (3272 : Wilder Ninth Amendment to Development Agreement, DRAFT
5 By: ORINDA PROPERTY OWNER, LLC, a California limited liability company, its General Partner
By:
Christopher Yelich, Manager
Approved as to form:
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Attachment: Ninth Amendment to Development and Preannexation Agreement (3272 : Wilder Ninth Amendment to Development Agreement,
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
STATE OF CALIFORNIA
ORDINANCE NO. 24-01
AN ORDINANCE APPROVING THE NINTH AMENDMENT TO THE
DEVELOPMENT AND PRE-ANNEXATION AGREEMENT FOR THE WILDER
PROJECT IN GATEWAY VALLEY
RECITALS
A. On March 15, 2005, effective April 14, 2005, the City Council of the City of Orinda approved the Second Amendment and Restatement of the Development and Pre-annexation Agreement between the City of Orinda and Orinda Gateway, LLC for development of the Gateway Valley property (“DA”) by Ordinance No. 05-02, pursuant to Government Code sections 65864 through 65869.5 and City Council Resolution No. 19-90 (“Development Agreement Legislation”) at a duly noticed public hearing (Orinda Gateway, LLC is now OG Property Owner, LLC).
B. The City Council of the City of Orinda approved the Third Amendment to the DA on October 17, 2006, by Ordinance No. 06-05, pursuant to the Development Agreement Legislation at a duly noticed public hearing.
C. The City Council of the City of Orinda approved the Fourth Amendment to the DA on February 6, 2007 by Ordinance No. 07-01, pursuant to the Development Agreement Legislation at a duly noticed public hearing.
D. The City Council of the City of Orinda approved the Fifth Amendment to the DA on April 13, 2010, by Ordinance No. 10-01, pursuant to the Development Agreement Legislation at a duly noticed public hearing.
E. The City Council of the City of Orinda approved the Sixth Amendment to the DA on April 9, 2013, by Ordinance No. 13-01, pursuant to the Development Agreement Legislation at a duly noticed public hearing.
F. The City Council of the City of Orinda approved the Seventh Amendment to the DA on June 21, 2016, by Ordinance No. 16-04, pursuant to the Development Agreement Legislation at a duly noticed public hearing.
G. The City Council of the City of Orinda approved the Eighth Amendment to the DA on May 14, 2018 by Ordinance No. 18-03, pursuant to the Development Agreement Legislation at a duly noticed public hearing.
H. The DA pertains to Assessor’s Parcel Numbers (APN’s) 257-010-001, 257-010-004, 271- 110-001, 273-160-008, and 273-160-012, encompassing approximately 978 acres of the Gateway Valley property (“Wilder Project” or “Project”).
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Attachment: Ordinance 24-01 Wilder 9th DA Amendment (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan I. The DA sets forth the standards, terms, and conditions for development of the Wilder Project.
J. The City of Orinda and OG Property Owner LLC have negotiated amendments to the DA regarding: (1) amending the requirement for implementation of a BART/downtown shuttle; (2) deleting the requirement for OGLLC to construct the Red-Tailed Hawk Staging Area (formerly the “Trailhead Respite Area”) and providing that the entities authorized to take title to the Soil Disposal Area are also authorized to take title to the Red-Tailed Hawk Staging Area; and (3) reducing the amount of liability insurance that OGLLC is required to maintain.
K. The proposed changes require amendment of the DA pursuant to Section 11.1 of the DA and the Development Agreement Legislation.
L. On December 12, 2023, the Planning Commission reviewed and considered the proposed Ninth Development Agreement Amendment (“Ninth Amendment”), all supporting documents, comments, and other evidence offered and presented in connection with the duly noticed public hearing, and recommended that the City Council approve the Ninth Amendment.
M. On January XX, 2024, the City Council of the City of Orinda held a duly noticed public hearing on the proposed Ninth Amendment to the DA, at which time it heard testimony on, and reviewed and considered the proposed Ninth Amendment to the DA, the Planning Commission’s recommendation, and all supporting documents, comments, and other evidence offered and presented in connection with such public hearing.
THE CITY COUNCIL OF THE CITY OF ORINDA DOES FIND AND ORDAIN AS FOLLOWS:
SECTION I: CALIFORNIA ENVIRONMENTAL QUALITY ACT
A. On March 1, 2005, the City Council, pursuant to title 14, California Code of Regulations, section 15090, certified the FSSEIR pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”).
B. The City Council considered the FSSEIR prior to approving the proposed Ninth Amendment. The City Council finds the Ninth Amendment to be consistent with the FSSEIR prepared for the Development Agreement for the Gateway Valley project. The City Council further finds that the proposed Ninth Amendment will not have a significant adverse effect on the environment as defined by CEQA.
SECTION II: FINDINGS FOR APPROVAL OF THE NINTH AMENDMENT OF THE
DEVELOPMENT AGREEMENT
A. The Planning Commission and City Council, in accordance with the requirements of the Development Agreement Legislation, held duly noticed public hearings on the dates abovereferenced to consider adoption of the proposed Ninth Amendment to the DA.
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Attachment: Ordinance 24-01 Wilder 9th DA Amendment (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan B. The Planning Commission found on December 12, 2023 that the proposed Ninth DA Amendment is consistent with Section 17.45.2 of the City’s Municipal Code (City Council Establishment of Procedures and Requirements for Consideration of Development Agreements), which requires that a development agreement comply with the procedures and requirements set forth in Government Code Sections 65864 through 65869.5, and recommended City Council approval of the Ninth Amendment to the DA.
C. In accordance with the Development Agreement Legislation and the procedures set forth in Section 11.1 of the DA, the City Council makes the following findings for approval of the Ninth Amendment to the DA:
1. The City and OGLLC have mutually agreed to amend the DA.
2. The DA, with the proposed amendment, is consistent with the objectives, policies, land uses, and programs specified in the City of Orinda General Plan, including but not limited to, the following provisions of the General Plan:
(a) Land Use Element: Guiding Policies:
Maintain the semi-rural character of Orinda (Section 2.1.1.A): “Semi-rural” is defined as including “few sidewalks and street lights” (Section 2.1).
Support bus transit, vanpools and carpool service to reduce peak-hour traffic volumes (Section 2.3.2.L).
(b) Open Space, Parks, Schools and Utilities Element: Guiding Policies:
Development of additional recreational areas to meet current City needs while retaining existing public recreational open space (Section 2.2.1.E.); Acquire and develop trails, paths, and bicycle facilities for safety and recreational purposes (Section 2.2.2.F.).
3. The DA, with the proposed amendment, is compatible with the uses and regulations for the land use district in which the property is located.
4. The DA, with the proposed amendment, is in conformity with public convenience, general welfare, and good land use practice.
5. The DA, with the proposed amendment, will not be detrimental to the health, safety, and general welfare.
6. The DA, with the proposed amendment, offers to the City and the public some substantial benefit in exchange for the vested right benefit granted to OGLLC, including but not limited to securing completion of the Project improvements, specified in the Development Agreement, that OGLLC Property Owner is required to provide.
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Attachment: Ordinance 24-01 Wilder 9th DA Amendment (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan D. THEREFORE BE IT ORDAINED that the City Council hereby approves the Ninth Amendment of the Development and Pre-annexation Agreement for Gateway Valley (Wilder Project).
SECTION III: The Mayor is hereby authorized to execute the Ninth Amendment to the DA approved by this Ordinance on behalf of the City of Orinda, following its execution by OGLLC, and after the effective date of this Ordinance. The City Clerk is directed to attest to its execution.
SECTION IV: The City Clerk is directed to cause a copy of the Ninth Amendment to be recorded in the Official Records of the County of Contra Costa, California, within ten (10) days following the effective date of the Ordinance.
SECTION V: This ordinance becomes effective 30 days after adoption.
SECTION VI: The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again 15 days after adoption.
The forgoing ordinance was introduced at a regular meeting of the City Council of the City of Orinda held on January 9, 2024 and was voted on and ordered published at a regular meeting held on XX, 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________
Darlene Gee, Mayor
ATTEST:
____________________________
Sheri Smith, City Clerk
Exhibit: Ninth Amendment of the Development and Pre-annexation Agreement for Gateway Valley between the City of Orinda and Orinda Gateway, LLC G.1.b
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Attachment: Ordinance 24-01 Wilder 9th DA Amendment (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan G.1.b
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Attachment: Ordinance 24-01 Wilder 9th DA Amendment (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan 1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Ordinance 24-02
Whereas, the City Council of the City of Orinda has determined it is appropriate to make amendments to the Final Development Plan for Gateway Valley (Wilder) to clarify the application of zoning standards to the property and to readopt the Final Development Plan as amended.
Now therefore, the City Council DOES ORDAIN as follows:
SECTION 1.
There are several planning entitlements, ordinances, and related approvals which include zoning-level development standards that apply to development in Gateway Valley (Wilder). These documents are all relevant to governing current and future development in the project. This proposed amendment intends to incorporate each of these documents into the Gateway Valley (Wilder) Final Development Plan by reference so that all governing standards can be found in one place. This incorporation is done to clarify the application of zoning standards to development at Gateway Valley (Wilder) and make implementation easier for the public, Staff, and Applicants.
SECTION 2.
The City Council of the City of Orinda intends, by adopting this ordinance, to amend the Preface of the Gateway Valley (Wilder) Final Development Plan (dated November 18, 2005) and to add Appendix A to the Final Development Plan. These two changes will serve to clarify and restate the development standards that apply to current and future development at Gateway Valley (Wilder) by incorporating several existing, related zoning-level documents by reference into the Final Development Plan. All of the documents to be incorporated are listed in Appendix A. The Preface of the Final Development is amended to reflect the addition of these documents by reference.
SECTION 3
The Preface of the Gateway Valley (Wilder) Final Development Plan is revised as shown in Attachment A. Attachment A shows additions with double-underlined text and deletions with strike-out text. In addition to the revisions to the Preface, Appendix A is a new section that is added to the Final Development Plan.
SECTION 4.
This ordinance is consistent with the Orinda General Plan.
SECTION 5.
In the Matter of: An Ordinance Amending the
Gateway Valley (Wilder) Final Development Plan to
clarify the application of zoning standards to the
property.
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Attachment: Orindance 24-02 Amending Final Development Plan (3272 : Wilder Ninth Amendment to Development Agreement, Final 2 The City Council finds that this ordinance is exempt pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change in the environment, directly or indirectly.
Further, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment).
SECTION 6.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
SECTION 7.
The City Clerk shall either (a) have this ordinance published once within fifteen (15) days after adoption in a newspaper of general circulation, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five (5) days before its adoption and again within fifteen (15) days after adoption.
Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on ______and was adopted and ordered published at a regular meeting held on _____ by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_______________________________
Darlene Gee, Mayor
ATTEST:
_______________________
Sheri Marie Smith, City Clerk
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Attachment: Orindance 24-02 Amending Final Development Plan (3272 : Wilder Ninth Amendment to Development Agreement, Final 3 ATTACHMENT A:
1. Amendment to Gateway Valley Final Development Plan Preface The Preface (page i) of the Final Development Plan is amended as follows:
PREFACE: Relationship of Amended Final Development Plan to other Planning Documents
Under the City of Orinda’s Zoning Code, land zoned “Planned Development” (“PD”) is subject to standards set forth in a “PD plan” approved for the development site. This plan is effectively the site’s zoning. Consistent with the Zoning Code, this Amended Final Development Plan contains the standards that govern all new development, and modifications to existing development, at Gateway Valley (now called Wilder).
The Gateway Valley Second Reinstatement of the Development and Pre-Aannexation Agreement for Gateway Valley (“DA”) between City of Orinda and Orinda Gateway, LLC (“OGLLC”) was approved by the City of Orinda on March 15, 2005. This Pursuant to that DA, a Final Development Plan (“FDP”) is a requirement of that Development Agreement and is was submitted to the City of Orinda for review concurrent with the project’s Vesting Tentative Map (VTM). It supersedes two prior Final Development Plans completed for the site.
The DA contains four six appendices, including Appendix B of the DA which specifies the certain development standards and guidelines that apply to the project site, Appendix B of the DA functions like a “planned development” for the project site with unique setback, floor to area ration (“FAR”), lot and building size, and other requirements. Appendix B of the DA also contains more general “guideline” language useful for understanding the City Council’s vision for Gateway Valley.
Since approval of the FDP, the DA has been amended several times and the City has adopted additional development standards for Gateway Valley, as listed in Appendix A to this Amended Final Development Plan. By approving this Amended Final Development Plan, the City Council readopts and incorporates by reference into the FDP, all development standards for Gateway Valley contained in the documents listed in Appendix A. This Amended Final Development Plan also provides information regarding the project in its final state, as a fully evolved community.
The Amended Final Development Plan is intended to be internally consistent, which includes consistency with and among all of the City planning documents listed in FDP Appendix A. If there is a conflict between any development standards incorporated by reference herein, the provisions of the latest-approved planning document from which any conflicting development standard originated shall prevail. Where this Amended Final Development Plan and the standards contained in FDP Appendix A are silent on a particular topic, City ordinances, codes, rules, regulations, and official policies shall control. Notwithstanding provisions of any City planning document stating otherwise, G.1.c
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Attachment: Orindance 24-02 Amending Final Development Plan (3272 : Wilder Ninth Amendment to Development Agreement, Final 4 this Amended Final Development Plan governs all development, including modifications to existing development, at Gateway Valley.
The illustrative plans and descriptive text that comprise the Final Development Plan serve as a “bridge” between Appendix B and the VTM, describing the more detailed level of the project while supplementing/supporting both Appendix B and the VTM with explanatory information. This Final Development Plan also provides information regarding the project in its final state, as a fully evolved community, whereas the Vesting Tentative Map describes the project as it will be exist before the homes are constructed (after the “remedial” and “civil” grading has been completed but before the “fine” grading has been done).
In sum, the Tentative Map is just that—a plan showing the project site as it will tentatively exist before homes are developed for the project. In contrast, this Amended Final Development Plan is a the principal planning tool for envisioning the community in its final form and. Together with the Development Agreement and the Tentative Map, the Final Development Plan is intended to aid decision-makers when they review any proposed development at Gateway Valley. future phases of the project such as the Design Review for the homes.
Other Approvals
In addition to the approved Development Agreement granted by the City of Orinda (“the City”), the Amended Final Development Plan must be consistent with the following approvals: the Clean Water Act Section 404 Permit (“404 Permit”) from the U.S. Army Corps of Engineers (“Corps”); consultation with the U.S. Fish and Wildlife Service (“FWS”) pursuant to Section 7 of the Endangered Species Act (“Biological Opinion”); Clean Water Act Section 401 Water Quality Certification/Waste Discharge Requirements (“401 Certification”) from the San Francisco Regional Water Quality Control Board (“Water Board”); and both a Section 1602 Lake and Streambed Alteration Agreement (“1602 Agreement,” formerly referred to as a “1603 Agreement”) and a Fish and Game Code Section 2080.1 Certification (“CESA Permit”) from the California Department of Fish and Game (“DFG”). Hereinafter, these agencies are collectively referred to as the “Resource Agencies” and the permits are collectively referred to as the “Resource Agency Permits.” In addition to Appendix B of the DA, this Amended Final Development Plan and Vesting Tentative Map, Design Review approval(s) will be required for project components in the future, as described in Chapter 6. No other discretionary permits are anticipated to be necessary. “Ministerial” permits issued by staff in compliance with the discretionary permits will include grading, improvement plans, final map, building, plumbing, and electrical permits.
This Final Development Plan is intended to be consistent with the Development Agreement and other relevant approvals. If there is a conflict between the Development Agreement and the Final Development Plan, the provisions of the Development Agreement shall prevail, and where the two documents are silent on a particular topic, City ordinances, codes, rules, regulations, and official policies shall control.
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Attachment: Orindance 24-02 Amending Final Development Plan (3272 : Wilder Ninth Amendment to Development Agreement, Final 5 2. Addition of Appendix A:
New Appendix A is added to the Final Development Plan as follows:
Appendix A: Gateway Valley (Wilder) documents incorporated into the Final Development Plan by reference.
1. Ordinance 05-02 Approving the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (DA) with Conditions of Approval (Approved 3/15/2005)
2. Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley between City of Orinda and Orinda Gateway, LLC (DA) (Approved 3/15/2005 via Ordinance 05-02, DA recorded 6/17/2005) a. DA Appendix A: Land Use Plan
b. DA Appendix B: Development Standards and Design Criteria c. DA Appendix D: Conceptual Infrastructure and Utilities Plan
3. Fourth Amendment to the Development and Pre-Annexation Agreement for Gateway Valley (Dated 2/6/2007, Recorded 3/28/2007)
4. Fifth Amendment to the Development and Pre-Annexation Agreement for Gateway Valley (Dated 4/13/2010, Recorded 6/17/2010)
5. Seventh Amendment to the Development and Pre-Annexation Agreement for Gateway Valley (Dated 7/22/2016, Recorded 7/25/2016)
6. Eighth Amendment to the Development and Pre-Annexation Agreement for Gateway Valley (Dated 6/5/2018, Recorded 7/26/2018)
7. Ninth Amendment to the Development and Pre-Annexation Agreement for Gateway Valley (proposed concurrently)
8. Gateway Valley Landscape Master Plan (Dated 6/23/2006, Revised 11/14/2012, Amended 2/10/2015)
9. Wilder Design Review Handbook (Dated 7/22/2016, Updated 1/28/2022)
10.Montanera Project Vesting Tentative Map and Final Development Plan with Conditions of Approval (Approved 11/29/2005, Statement of Official Action signed 12/14/2005)
All documents are hyperlinked for digital access and hard copy versions are available at the Orinda Planning Department.
# # #
1546167.2
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Attachment: Orindance 24-02 Amending Final Development Plan (3272 : Wilder Ninth Amendment to Development Agreement, Final G.1.d
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Attachment: Amending Agreement - signed (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment) G.1.d
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Attachment: Amending Agreement - signed (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment) G.1.d
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Attachment: Amending Agreement - signed (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment) G.1.e
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Attachment: Resolution PC 23-05 (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment) G.1.e
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Attachment: Resolution PC 23-05 (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment) G.1.e
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Attachment: Resolution PC 23-05 (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment)
BEFORE THE PLANNING COMMISSION OF THE CITY OF ORINDA
RESOLUTION NO. PC 23-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORINDA, STATE OF CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT ORDINANCE 22-XX,
AMENDING THE GATEWAY VALLEY (WILDER) FINAL DEVELOPMENT PLAN TO
CLARIFY THE APPLICATION OF ZONING STANDARDS FOR THE PROPERTY WHEREAS, Staff have assembled the list of planning entitlements, ordinances, and related approvals which include zoning-level development standards that apply to development in Gateway Valley (Wilder). A brief description of those documents is included in the Planning Commission staff report for the Commission's review and recommendation; and WHEREAS, the documents identified in the staff report are all relevant to governing current and future development in Gateway Valley (Wilder). The proposed amendment intends to incorporate each of these documents into the Gateway Valley (Wilder) Final Development Plan by reference so that all governing standards can be found in one document; and WHEREAS, the amendments to the Gateway Valley (Wilder) Final Development Plan are intended to clarify the application of zoning standards to development at Gateway Valley (Wilder) and make implementation easier for the public, Staff, and Applicants; and WHEREAS, the amendments to the Final Development Plan comprise revisions to the document Preface and the addition of Appendix A, which are included in Ordinance 23- 05; and
WHEREAS, on December 12, 2023, the Planning Commission held a duly-noticed public hearing regarding proposed Ordinance 23-05; and
NOW, THEREFORE, the Planning Commission recommends that the City Council adopt Draft Ordinance 23-05, amending the Gateway Valley (Wilder) Final Development Plan to clarify the application of zoning standards to the property.
PASSED, APPROVED, AND ADOPTED at a meeting of the Planning Commission on December 12, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PLANNING COMMISIONERS: Armstrong, Fay, Jelinek, Hubner, Lee, Parnigoni PLANNING COMMISIONERS:
PLANNING COMMISIONERS:
PLANNING COMMISIONERS: Mautner
I certify that the findings and decision of the Planning Commission made on December 12, 2023 are set forth in this Resolution, which was approved by the Planning Commission on December 12, 2023.
Robert Hubner, Vice Chair
ATTEST:
?~;(11«-<-oJit J__,...,"N( A ~
Drummond Buckley, Plan g Director (/-
23-05
23-06
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Attachment: Resolution PC 23-06 (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan Amendment) G.1.h
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Attachment: Public Correspondence to the City Council (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan G.1.h
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Attachment: Public Correspondence to the City Council (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan G.1.h
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Attachment: Public Correspondence to the City Council (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan G.1.h
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Attachment: Public Correspondence to the City Council (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan G.1.h
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Attachment: Public Correspondence to the City Council (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan G.1.h
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Attachment: Public Correspondence to the City Council (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan G.1.h
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Attachment: Public Correspondence to the City Council (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan G.1.h
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Attachment: Public Correspondence to the City Council (3272 : Wilder Ninth Amendment to Development Agreement, Final Development Plan City Council
Staff Report
Agenda Item: H.1
Date: January 9, 2024
Department: Finance
AGENDA TITLE: Receive Annual Comprehensive Financial Audit Report And Other Compliance Reports For June 30, 2023
RECOMMENDATION:
Accept the Annual Comprehensive Financial Report (ACFR); Memorandum of Internal Controls (MOIC); Appropriations Limit Report; and Transportation Development Act Funds Report (TDA) for the fiscal year ended June 30, 2023.
BACKGROUND:
The Annual Comprehensive Financial Report (ACFR), which contains the Auditor’s Opinion and audited financial statements, for the fiscal year ending June 30, 2023 is complete and ready for City Council acceptance. In addition to the ACFR, there are three other compliance reports being presented for acceptance.
DISCUSSION:
The audited ACFR and other required audit compliance reports are being presented to the City Council in accordance with the Orinda Municipal Code §2.08.070(I). This year’s audits were performed by the City’s independent auditors, Maze Associates Accountancy Corporation (Maze), which has extensive experience auditing local government agencies. The auditors have given an unmodified or “clean” opinion on the ACFR. This is shown as the Independent Auditors’ Opinion letter in the audit report (page 1). A web-link to a pdf version of the ACFR document is noted as Attachment A.
The City is going to submit the FY 2022-23 ACFR for the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting award program. Orinda has received the GFOA award for the last nine consecutive years and believes that the this year’s ACFR also meets the stringent requirements to merit GFOA recognition. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.
The City must also file the ACFR in accordance with disclosure agreements that were included in debt financing transactions. The deadline for submittal of debt financing disclosures is March 31st. The City will meet all the required legal deadlines.
In addition to the ACFR, there are three other reports for review:
• Agreed Upon Procedures for Compliance with the Proposition 111 2022-23 Appropriation Limit Increment is required by Section 1.5 of Article XIIIB of the H.1
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California Constitution. This report shows the auditors applied specific procedures, which were suggested by the League of California Cities and presented in their Article XIIIB Appropriation Limitation Uniform Guidelines, to validate the City’s calculation of the Appropriations Limit. No exceptions were noted.
• Memorandum on Internal Control
In planning and performing the audit of the financial statements Maze considered the City’s internal control over financial reporting (internal control) as a basis for designing the auditing procedures for the purpose of expressing opinions on the financial statements. The auditors are required to communicate to the City Council any internal control matters that come to their attention during the audit.
Under generally accepted auditing standards, the City’s external auditors are required to formally communicate with the governing body to convey audit matters, the scope of work, difficulties, adjustments to financial statements, or any possible disagreements with management. The City’s auditors, Maze, have provided these reports in their Memorandum on Internal Control (MOIC) for the fiscal year ended June 30, 2023.
• Transportation Development Act Financial Statements (TDA) The City expended $47,294 in TDA funds administered by the Metropolitan Transportation Commission (MTC). The funding was used for the Moraga Pathway Improvement Project. Expenditure of these grant funds results in the need for the Auditors to prepare a separate report that is filed with MTC.
The Director of Administrative Services will provide a detailed summary presentation of the year-end results as comprehensively presented in the ACFR at the City Council meeting.
FISCAL IMPACT:
There is no direct fiscal impact in accepting the FY2022-23 audit reports. Total audit and report preparation costs of $33,410 are within budget. The total fee also includes preparation costs of certain reports not requiring City Council acceptance that are transmitted directly to the California State Controller.
ATTACHMENTS:
A. Weblink to: City of Orinda ACFR FY2023
B. City of Orinda Appropriation Limits FY2023
C. City of Orinda MOIC FY23
D. City of Orinda TDA Report FY 23
Respectfully Submitted by:
Doug Alessio
Administrative Services Director
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Prepared By: Bhavna Chaudhary,
Approved by:
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INDEPENDENT ACCOUNTANT'S REPORT ON
APPLYING AGREED-UPON PROCEDURES FOR
COMPLIANCE WITH THE PROPOSITION 111
2022-2023 APPROPRIATIONS LIMIT INCREMENT
Honorable Mayor and Members of the City Council
City of Orinda, California
We have performed the procedures enumerated below on the Appropriations Limit Worksheet (Worksheet) of the City of Orinda, California, for the year ended June 30, 2023. The City’s management is responsible for the Worksheet.
The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of these procedures, which were suggested by the League of California Cities and presented in their Article XIIIB Appropriations Limitation Uniform Guidelines, were performed solely to assist you in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.
The procedures and associated findings are as follows:
A. We obtained the Worksheet and determined that the 2022-2023 Appropriations Limit of $24,941,095 and annual adjustment factors were adopted by Resolution of the City Council. We also determined that the population and inflation options were selected by a recorded vote of the City Council.
B. We recomputed the 2022-2023 Appropriations Limit by multiplying the 2021-2022 Prior Year Appropriations Limit by the Total Growth Factor. We recomputed the Total Growth Factor by multiplying the population option by the inflation option.
C. For the Worksheet, we agreed the Per Capita Income Factor, City Population Factor and County Population Factor to California State Department of Finance Worksheets.
We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the Worksheet.
Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.
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Attachment: City of Orinda Appropriation Limits FY2023 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) This report is intended solely for the information and use of management and the City Council and is not intended to be and should not be used by anyone other than those specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record.
Pleasant Hill, California
April 21, 2023
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Attachment: City of Orinda Appropriation Limits FY2023 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
MEMORANDUM ON INTERNAL CONTROL
AND
REQUIRED COMMUNICATIONS
FOR THE YEAR ENDED JUNE 30, 2023
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
MEMORANDUM ON INTERNAL CONTROL
AND
REQUIRED COMMUNICATIONS
For The Year Ended June 30, 2023
Table of Contents
Page
Memorandum on Internal Control .................................................................................................. 1 Schedule of Other Matters ...................................................................................................... 3 Required Communications ............................................................................................................... 7 Significant Audit Matters .............................................................................................................. 7 Qualitative Aspects of Accounting ........................................................................................ 7 Difficulties Encountered in Performing the Audit ................................................................ 8 Corrected and Uncorrected Misstatements ............................................................................ 8 Disagreements with Management .......................................................................................... 8 Management Representations ................................................................................................. 8 Management Consultations with Other Independent Accountants ...................................... 9 Other Audit Findings or Issues ............................................................................................... 9 Other Matters ................................................................................................................................ 9 H.1.c
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
MEMORANDUM ON INTERNAL CONTROL
To the City Council of
the City of Orinda, California
In planning and performing our audit of the basic financial statements of the City of Orinda as of and for the year ended June 30, 2023, in accordance with auditing standards generally accepted in the United States of America, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected, on a timely basis.
Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. Given these limitations during our audit, we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
Included in the Schedule of Other Matters are recommendations not meeting the above definitions that we believe are opportunities for strengthening internal controls and operating efficiency.
This communication is intended solely for the information and use of management, City Council, others within the organization, and agencies and pass-through entities requiring compliance with Government Auditing Standards, and is not intended to be and should not be used by anyone other than these specified parties.
Pleasant Hill, California
December 19, 2023
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
MEMORANDUM ON INTERNAL CONTROL
SCHEDULE OF OTHER MATTERS
NEW GASB PRONOUNCEMENTS OR PRONOUNCEMENTS NOT YET EFFECTIVE The following comment represents new pronouncements taking affect in the next few years. We cite them here to keep you informed of developments:
EFFECTIVE FISCAL YEAR 2024:
GASB 100 – Accounting for Changes and Error Corrections The primary objective of this Statement is to enhance accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, relevant, consistent, and comparable information for making decisions or assessing accountability.
This Statement defines accounting changes as changes in accounting principles, changes in accounting estimates, and changes to or within the financial reporting entity and describes the transactions or other events that constitute those changes. As part of those descriptions, for (1) certain changes in accounting principles and (2) certain changes in accounting estimates that result from a change in measurement methodology, a new principle or methodology should be justified on the basis that it is preferable to the principle or methodology used before the change. That preferability should be based on the qualitative characteristics of financial reporting—understandability, reliability, relevance, timeliness, consistency, and comparability. This Statement also addresses corrections of errors in previously issued financial statements.
This Statement prescribes the accounting and financial reporting for (1) each type of accounting change and (2) error corrections. This Statement requires that (a) changes in accounting principles and error corrections be reported retroactively by restating prior periods, (b) changes to or within the financial reporting entity be reported by adjusting beginning balances of the current period, and (c) changes in accounting estimates be reported prospectively by recognizing the change in the current period. The requirements of this Statement for changes in accounting principles apply to the implementation of a new pronouncement in absence of specific transition provisions in the new pronouncement. This Statement also requires that the aggregate amount of adjustments to and restatements of beginning net position, fund balance, or fund net position, as applicable, be displayed by reporting unit in the financial statements.
This Statement requires disclosure in notes to financial statements of descriptive information about accounting changes and error corrections, such as their nature. In addition, information about the quantitative effects on beginning balances of each accounting change and error correction should be disclosed by reporting unit in a tabular format to reconcile beginning balances as previously reported to beginning balances as restated.
Furthermore, this Statement addresses how information that is affected by a change in accounting principle or error correction should be presented in required supplementary information (RSI) and supplementary information (SI). For periods that are earlier than those included in the basic financial statements, information presented in RSI or SI should be restated for error corrections, if practicable, but not for changes in accounting principles.
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
MEMORANDUM ON INTERNAL CONTROL
SCHEDULE OF OTHER MATTERS
EFFECTIVE FISCAL YEAR 2025:
GASB 101 – Compensated Absences
The objective of this Statement is to better meet the information needs of financial statement users by updating the recognition and measurement guidance for compensated absences. That objective is achieved by aligning the recognition and measurement guidance under a unified model and by amending certain previously required disclosures.
Recognition And Measurement
This Statement requires that liabilities for compensated absences be recognized for (1) leave that has not been used and (2) leave that has been used but not yet paid in cash or settled through noncash means. A liability should be recognized for leave that has not been used if (a) the leave is attributable to services already rendered, (b) the leave accumulates, and (c) the leave is more likely than not to be used for time off or otherwise paid in cash or settled through noncash means. Leave is attributable to services already rendered when an employee has performed the services required to earn the leave. Leave that accumulates is carried forward from the reporting period in which it is earned to a future reporting period during which it may be used for time off or otherwise paid or settled. In estimating the leave that is more likely than not to be used or otherwise paid or settled, a government should consider relevant factors such as employment policies related to compensated absences and historical information about the use or payment of compensated absences. However, leave that is more likely than not to be settled through conversion to defined benefit postemployment benefits should not be included in a liability for compensated absences.
This Statement requires that a liability for certain types of compensated absences—including parental leave, military leave, and jury duty leave—not be recognized until the leave commences. This Statement also requires that a liability for specific types of compensated absences not be recognized until the leave is used.
This Statement also establishes guidance for measuring a liability for leave that has not been used, generally using an employee’s pay rate as of the date of the financial statements. A liability for leave that has been used but not yet paid or settled should be measured at the amount of the cash payment or noncash settlement to be made. Certain salary-related payments that are directly and incrementally associated with payments for leave also should be included in the measurement of the liabilities.
With respect to financial statements prepared using the current financial resources measurement focus, this Statement requires that expenditures be recognized for the amount that normally would be liquidated with expendable available financial resources.
Notes To Financial Statements
This Statement amends the existing requirement to disclose the gross increases and decreases in a liability for compensated absences to allow governments to disclose only the net change in the liability (as long as they identify it as a net change). In addition, governments are no longer required to disclose which governmental funds typically have been used to liquidate the liability for compensated absences.
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
MEMORANDUM ON INTERNAL CONTROL
SCHEDULE OF OTHER MATTERS
GASB 101 – Compensated Absences (Continued)
How the Changes in this Statement Will Improve Financial Reporting The unified recognition and measurement model in this Statement will result in a liability for compensated absences that more appropriately reflects when a government incurs an obligation. In addition, the model can be applied consistently to any type of compensated absence and will eliminate potential comparability issues between governments that offer different types of leave.
The model also will result in a more robust estimate of the amount of compensated absences that a government will pay or settle, which will enhance the relevance and reliability of information about the liability for compensated absences.
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
REQUIRED COMMUNICATIONS
To the City Council of
the City of Orinda
Orinda, California
We have audited the basic financial statements of the City of Orinda for the year ended June 30, 2023.
Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated June 23, 2023. Professional standards also require that we communicate to you the following information related to our audit:
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Accounting Policies - Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year, except as follows:
The following pronouncements became effective, but did not have a material effect on the financial statements:
GASB 91 – Conduit Debt Obligations
GASB 94 – Public-Private and Public-Public Partnerships and Availability Payment Arrangements
GASB 96 – Subscription-Based Information Technology Arrangements GASB 99 – Omnibus 2022, paragraphs 11-25
Unusual Transactions, Controversial or Emerging Areas - We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting Estimates - Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:
Estimated Fair Value of Investments: Cash and investments held by the City at June 30, 2023 were measured by fair value as disclosed in Note 3 to the financial statements. Fair value is essentially market pricing in effect as of June 30, 2023. These fair values are not required to be adjusted for changes in general market conditions occurring subsequent to June 30, 2023. 7 H.1.c
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) Estimate of Depreciation: Management’s estimate of the depreciation is based on useful lives determined by management. These lives have been determined by management based on the expected useful life of assets as disclosed in Note 1 to the financial statements. We evaluated the key factors and assumptions used to develop the depreciation estimate and determined that it is reasonable in relation to the basic financial statements taken as a whole.
Estimate of Compensated Absences: Accrued compensated absences which are comprised of accrued vacation, holiday, and certain other compensating time is estimated using accumulated unpaid leave hours and hourly pay rates in effect at the end of the fiscal year as disclosed in Note 1 to the financial statements. We evaluated the key factors and assumptions used to develop the accrued compensated absences and determined that it is reasonable in relation to the basic financial statements taken as a whole.
Estimated Net OPEB Liabilities and OPEB-related Deferred Outflow and Inflow of Resources:
Management’s estimates of the net OPEB liabilities and OPEB-related deferred outflow and inflow of resources are disclosed in Note 12 to the financial statements and are based on accounting valuations determined by a consultant, which are based on the experience of the City.
We evaluated the key factors and assumptions used to develop the estimates and determined that they are reasonable in relation to the basic financial statements taken as a whole.
Disclosures - The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole.
Professional standards require us to accumulate all known and likely uncorrected misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. We have no such misstatements to report to the City Council.
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in a management representation letter dated December 19, 2023.
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
Other Matters
We applied certain limited procedures to the required supplementary information that accompanies and supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the required supplementary information and do not express an opinion or provide any assurance on the required supplementary information.
We were engaged to report on the supplementary information which accompany the financial statements, but are not required supplementary information. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.
We were not engaged to report on the Introductory and Statistical Sections included as part of the Annual Comprehensive Financial Report, but are not required supplementary information. We did not audit or perform other procedures on this other information, and we do not express an opinion or provide any assurance on them.
******
This information is intended solely for the use of City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties.
Pleasant Hill, California
December 19, 2023
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Attachment: City of Orinda MOIC FY23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
TRANSPORTATION DEVELOPMENT
ACT ARTICLE III FUND
FINANCIAL STATEMENTS
FOR THE YEAR ENDED
JUNE 30, 2023
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND
FINANCIAL STATEMENTS
For the Year Ended June 30, 2023
Table of Contents
Page
Independent Auditors’ Report ................................................................................................................... 1 Financial Statements:
Balance Sheet ..................................................................................................................................... 3 Statement of Revenues and Expenditures and Changes in Fund Balance .......................................... 4 Notes to Financial Statements ............................................................................................................ 5 Independent Auditor’s Report on Internal Control Over Financial Reporting, on Compliance with the Transportation Development Act and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ....................................................................................................... 7 H.1.d
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
INDEPENDENT AUDITOR'S REPORT
To the Honorable Mayor and Members of the City Council
City of Orinda, California
Report on the Audit of the Financial Statements
Opinion
We have audited the accompanying financial statements of the City of Orinda (City) Transportation Development Act Article III Fund (TDA Fund), as of and for the year ended June 30, 2023 and the related notes to the financial statements as listed in the table of contents In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the TDA Fund, as of June 30, 2023, and the change in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirement relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
Emphasis of Matter
As discussed in Note 1, the financial statements present only the TDA Fund and do not purport to, and do not present fairly the financial position of the City as of June 30, 2023, the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement, whether due to fraud or error.
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists.
The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the TDA Fund’s internal control. Accordingly, no such opinion is expressed.
Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 19, 2023, on our consideration of the TDA Fund’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the TDA Fund’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the TDA Fund’s internal control over financial reporting and compliance.
Pleasant Hill, California
December 19, 2023
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) 2023
ASSETS
Due from MTC $149,801
Total Assets $149,801
LIABILITIES
Accounts payable $475
Due to the City 149,326
Total Liabilities 149,801
FUND BALANCES
Restricted -
Total Fund balances -
Total liabilities and fund balances 149,801
See accompanying notes to financial statements
CITY OF ORINDA
TRANSPORTATION DEVELOPMENT ACT
ARTICLE III FUND
BALANCE SHEET
JUNE 30, 2023
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) 2023
REVENUES
TDA Article 3.0 (Note 2) $100,700
Total Revenues 100,700
EXPENDITURES
Moraga Pathway 47,294
Total Expenditures 47,294
Excess (deficiency) of revenues over expenditures 53,406 Transfers out (53,406)
Net change in fund balances -
FUND BALANCES
Fund balance at beginning of period
Fund balance at end of period -
See accompanying notes to financial statements
FOR THE YEAR ENDED JUNE 30, 2023
AND CHANGES IN FUND BALANCE
CITY OF ORINDA
TRANSPORTATION DEVELOPMENT ACT
ARTICLE III FUND
STATEMENT OF REVENUES, EXPENDITURES
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND
NOTES TO FINANCIAL STATEMENTS
For The Years Ended June 30, 2023
NOTE 1 – DESCRIPTION OF REPORTING ENTITY
The City of Orinda, California (City), Transportation Development Act Article III Fund (TDA Fund) includes the financial activities associated with projects funded by the State of California Transportation Development Act (TDA). The State of California created a local transportation fund for each County funded by a portion of the State sales tax.
The TDA Fund is distributed through the Metropolitan Transportation Commission (MTC) which is the agency responsible for allocation of funds to eligible claimants within the greater San Francisco Bay Area.
Fund Accounting –The operations of the TDA Fund are accounted for with a separate set of selfbalancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in the fund based upon the purpose for which they are to be spent and the means by which spending activities are controlled. TDA Fund is presented as a separate Special Revenue Fund in the comprehensive annual financial report of the City.
Basis of Accounting – The accounting and reporting treatment applied to a fund is determined by its measurements focus. All governmental funds are accounted for on a spending or “current financial resources” measurement focus. Accordingly, only current asset and current liabilities generally are included on the balance sheet. Operating statements of governmental funds present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in fund balance.
All governmental fund types are accounted for using the modified accrual basis of accounting wherein revenues are recognized in the accounting period in which they become measurable and available to pay liabilities of the current period. Expenditures are recognized in the accounting period in which the fund liability is incurred.
Revenue Recognition – Under the terms of the various grant agreements, the TDA Fund generally recognize revenues when approved expenditures are incurred. Accordingly, the accompanying financial statements present grants receivable and the corresponding intergovernmental revenues.
Use of Estimates – The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 5 H.1.d
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR)
CITY OF ORINDA
TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUND
NOTES TO FINANCIAL STATEMENTS
For The Years Ended June 30, 2023
NOTE 2 – TDA ARTICLE 3.0 REVENUE
For the year ended June 30, 2023 the City recorded revenues in accordance with the allocation instructions from the Metropolitan Transportation Commission for the following projects:
Instruction # Project Name
Grant
Award
For the year ended
2023
21001014 Moraga Way Pathway $85,500 $85,500
23001025 Moraga Way and Ardor
drive/valley view drive 80,000 -
Totals $165,500 $85,500
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) INDEPENDENT AUDITOR’S REPORT ON
INTERNAL CONTROL OVER FINANCIAL REPORTING,
ON COMPLIANCE WITH THE TRANSPORTATION
DEVELOPMENT ACT AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the City Council of the City of Orinda, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the City of Orinda (City) Transportation Development Act Article III Fund (TDA Fund) as of and for the year ended June 30, 2023, and the related notes to the financial statements, and have issued our report thereon dated December 19, 2023.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the TDA Fund’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the TDA Fund’s internal control.
Accordingly, we do not express an opinion on the effectiveness of the TDA Fund’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the TDA’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that have not been identified. 7 H.1.d
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the TDA Fund’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. Our procedures included the applicable audit procedures contained in §6666 of Title 21 of California Code of Regulations and tests of compliance with the applicable provisions of the Transportation Development Act and the allocation instructions and resolutions of the Metropolitan Transportation Commission. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
We have also issued a separate Memorandum on Internal Control dated December 19, 2023, which is an integral part of our audit and should be read in conjunction with this report.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the TDA Fund’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the TDA Fund’s internal control and compliance.
Accordingly, this communication is not suitable for any other purpose.
This report is intended solely for the information and use of the Metropolitan Transportation Commission, management, City Council, others within the City, and federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record.
Pleasant Hill, California
December 19, 2023
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Attachment: City of Orinda TDA Report FY 23 (3268 : Annual Comprehensive Financial Audit Reports For June 30, 2023 - ACFR) City Council
Staff Report
Agenda Item: H.2
Date: January 9, 2024
Department: Planning Department
AGENDA TITLE: Update on Plan Orinda Initiative - Downtown Precise Plan, Housing Element, and related Efforts
RECOMMENDATION:
Staff recommends the City Council receive the report, take public testimony, and provide feedback on next steps for implementation of the Downtown Precise Plan and Housing Element goals, policies, and actions.
BACKGROUND: The City of Orinda embarked on a multi-year effort to plan for the revitalization its Downtown, which overtime became the Plan Orinda process which also incorporated the State mandated update of the City’s General Plan Housing Element and Safety Element. The process concluded in January of last year with the approval of the Downtown Precise Plan, Housing Element, and Safety Element. The City has now begun the implementation process for various elements of the Plan Orinda results, including the Housing Element.
The Housing Element is a required chapter of the City’s General Plan that must be updated every 8 years, referred to as “cycles”. The Housing Element is a plan for how the City will meet the housing needs of the community throughout the 8-year planning period. The 6th Cycle Housing Element, which plans for the period of 2023 to 2031, had a required adoption deadline of January 31, 2023.
The Housing Element must include a number of components, including the following:
• Housing Needs Assessment - an analysis of demographic, employment and housing trends in Orinda
• Evaluation of Past Performance - a review of the 5th Cycle Housing Element (2015 to 2023) to analyze how the City did in meeting its goals, policies, and actions from
• Sites Inventory - an inventory of sites for housing development to meet Regional Housing Needs Allocation (RHNA)
• Outreach and Engagement - a summary of the outreach that was conducted during the Housing Element process
• Constraints Analysis - an analysis of existing and potential barriers to housing development
• Goals, Policies, and Programs - the policies and programs to implement specific actions to achieve the City’s housing goals identified in the Housing Element H.2
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RHNA is the number of housing units Orinda must plan for in its Housing Element.
Orinda was assigned 1,359 RHNA housing units that it must plan for in the 6th Cycle Housing Element.
Income Category Unit Allocation
Very Low 372
Low 215
Moderate 215
Above Moderate 559
Total 1,359
Outreach
The Housing Element is required to include a public outreach and community engagement component in an effort to achieve public participation of all economic segments of the community. Staff began preliminary work on the Housing Element with a presentation to the City Council on Housing Element law on February 16, 2021. The Housing Element officially kicked off in June 2021. Over 15 public meetings were held with the City Council, Planning Commission, and Downtown Planning & Housing Element Subcommittee between February 16, 2021, until adoption on January 31, 2023, to discuss various aspects of the Housing Element.
A dedicated website was created for the Downtown Precise Plan, Housing Element Update, and Safety Element Update, collectively referred to as the Plan Orinda project.
The Plan Orinda website (https://www.planorinda.com/) includes information about the Housing Element, draft documents published for public review, lists past and upcoming meetings and events, and allows interested parties to sign-up for email notifications regarding Plan Orinda.
The Balancing Act Housing Simulation tool was released in December 2021. The simulation tool allowed any member of the public to create their own housing plan by selecting potential housing sites and residential densities in order to accommodate 1,359 units. All potential Housing Element sites were listed in the simulation tool, with a map and description of each site. The Balancing Act included downtown sites as well as Orinda churches and the Miramonte High School site.
Other forms of public outreach included listing upcoming meetings in the Orinda Outlook e-newsletter, posting on NextDoor, articles in The Orinda Way quarterly newsletter, and a postcard of the draft Housing Element was mailed to all Orinda residents in March 2022.
Staff also met with property owners who were interested in housing development on their property. This included meeting with downtown property owners, school district representatives, church representatives, and developers.
H.2
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DISCUSSION: On January 31, 2023, the City Council adopted the 6th Cycle Housing Element. Following City Council adoption, the Housing Element was submitted to HCD for review. After a 60-day review period, on March 30, 2023, HCD found Orinda’s adopted Housing Element to be in full compliance with state Housing Element law. The adopted and certified Housing Element is included as a weblink attachment to this report and can also be found on the Plan Orinda website https://www.planorinda.com/housing-element.
Sites Inventory
The sites inventory is a required section of the Housing Element that must identify sites where a total of 1,359 housing units could be accommodated in the City of Orinda. The adopted Housing Element is made of sites that are grouped into three categories:
1. Existing Capacity - 623 units
The existing capacity are sites that currently allow for residential development. a. Vacant residential sites
b. Accessory Dwelling Unit (ADU) projections - an estimated number of ADUs that will be constructed during the planning period based on an average of the number of ADUs constructed in the past few years
c. Santa Maria Church site - a vacant portion of the Santa Maria church site was rezoned for the 5th Cycle Housing Element and can continue to be used in the 6th Cycle Housing Element
2. Approved Projects - 90 units
These are approved projects that will be constructed during the planning period. a. Wilder CountryHouse Memory Care Project
b. Vista Verde Senior Housing Project
3. Sites to be Rezoned
These are sites that will be rezoned. These sites currently do not allow residential development or do not allow residential development at the necessary densities. a. Downtown sites - 421 units
b. Opportunity Sites (a portion of each site will be rezoned) - 286 units
1. Holy Shepherd Lutheran Church
2. St. Mark’s Church
3. St. John Orthodox Church
4. Miramonte High School
5. Caltrans Gateway Site - 200 units (not counted by HCD) Goals, Policies, and Programs
The adopted Housing Element includes 33 implementing actions that must be completed throughout the Planning period. These are actions that the City commits to completing by the listed deadlines. There are three implementing actions that relate to the rezoning of the opportunity sites, listed in Table 1 below. The City has 3 years and 120 days from January 31, 2023 to complete rezonings for the downtown sites and opportunity sites (i.e., by May 31, 2026). The City has a 3 years and 120 day deadline H.2
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because the Housing Element was adopted prior to the January 31, 2023 deadline. If the Housing Element was not adopted prior to the deadline, the City would have only had a one year deadline to complete all rezonings (i.e., by 2024).
Table 1. Housing Element Actions for Rezoning Sites Outside of Downtown Action 1.B - Housing Opportunity Sites. Rezone sites listed in Table 5-7 of the Housing Sites Inventory to allow for additional capacity to accommodate a portion of the City’s RHNA. The following actions will be taken:
• Sites C-2, C-3, and C-4 are church properties that total 12.64 acres. The city assumed that only 4.94 acres, a capacity of 99 units, will be rezoned to the new Residential High Density-25 (RH-25) zoning district which will allow for a minimum of 20 units per acre and a maximum of 25 units per acre, on a percentage of the site specified in Table 5-7.
• Site S-1 is the Miramonte High School Site and totals 51.95 acres. The city is only assuming 18 percent, 9.35 acres allowing for a capacity of 187 units, will be rezoned to the new Residential High Density-25 (RH-25) zoning district which will require a minimum of 20 units per acre and a maximum of 25 units per acre, on a percentage of the site specified in Table 5-7.
Additionally, the City will create two new General Plan land use designations (Action
1.D) Residential, High Density Multi-Family (RH) which will allow 20-30 units per acre, and Residential, Very High Density Multi-Family (RVH) which will allow 30-55 units per acre, to be consistent with the increased allowable density.
Action 1.C - Caltrans Gateway Site Development. Site G-4, the Caltrans right-of-way site (Gateway) totals 10 acres. The city assumes that the entire site will be rezoned allowing for of high-density housing with minimum capacity of 200 units and a maximum of 400 units. The site will be rezoned to the new Residential High Density-40 (RH-40) zoning district which will require a minimum of 20 units per acre with a maximum of 40 units per acre. Additionally, the City will create two new General Plan land use designations (Action 1.D) Residential, High Density Multi-Family (RH) which will allow 20-30 units per acre, and Residential, Very High Density Multi-Family (RVH) which will allow 30-55 units per acre, to be consistent with the increased allowable density.
Action 1.D - Residential Zoning Districts and Land Use Designation. Establish two new zoning districts to support the development of lower income housing and assist with meeting the lower income RHNA. The Residential High Density-25 (RH-25) will require a minimum of 20 units per acre with a maximum of 25 units per acre. The Residential High Density-40 (RH-40) will require a minimum of 20 units per acre with a maximum of 40 units per acre and will have a height limit of 50 feet/5 stories. Both zoning districts will be consistent with the two new Land Use Designations, Residential, High Density Multi-Family (RH) which will allow 20-30 units per acre, and Residential, Very High-Density Multi-Family (RVH) which will allow 30-55 units per acre.
Senate Bill 4 (SB 4)
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SB 4, effective January 1, 2024, allows for a “by-right” approval process for affordable housing projects on land owned by religious organizations and higher education institutions if specific criteria are met. Qualifying SB 4 projects would be exempt from CEQA. Some of the main criteria for a project to qualify for SB 4 include:
• The land must be owned on or before January 1, 2024, by a religious organization or higher education institution.
• 100% of the project’s total units, except for a manger’s unit or units, are for lower income households, except that up to 20% may be for moderate-income households, and 5% may be for staff of the religious organization or higher education institution.
• The project must comply with objective development standards. • If the project requires demolition of existing residential units or if residential units have been demolished in the last five years, the project must comply with replacement housing provisions.
• Projects with more than 10 units are required to adhere to prevailing wage requirements for all workers. Projects of more than 50 units are required to ensure contractors provide apprenticeship training and healthcare expenditures to workers.
Eligible SB 4 housing projects would be allowed the default density (currently 20 du/ac for Orinda) and a height of one story above the maximum height otherwise applicable.
Parking requirements would include up to one parking space per unit unless a state law or local ordinance provides for less parking. In addition, eligible projects may also utilize state density bonus law for density bonuses, incentives and concessions, and waivers.
Qualifying projects may also include ancillary uses on the ground floor such as childcare centers and facilities operated by community-based organizations for recreational, social, or education services in single-family residential zones.
It appears that SB 4 would apply to the three church sites identified for rezoning (Holy Shepherd Church, St. Mark’s Church, and St. John Church).
December 12, 2023 - Planning Commission Meeting
On December 12, 2023, staff presented the five opportunity sites for rezoning. The staff report, late correspondence, and draft meeting minutes from the Planning Commission meeting can be found via the links provided. A total of 34 speakers spoke during the meeting and a number of concerns were raised, including:
• Increased traffic and congestion on Moraga Way and in South Orinda • Vehicular accidents on Moraga Way
• Increased population in South Orinda
• Evacuation concerns in the event of a fire or emergency • Pedestrian and bicyclist safety
• School capacity
• School evacuations for emergencies
• Streets currently used as pedestrian and bicycle paths by students attending Del Rey Elementary, OIS, and Miramonte High School
• Existing traffic during school pick-up and drop-off hours H.2
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• Loss of fire insurance
• Lack of infrastructure to support additional housing
• Concentration of rezoning in South Orinda
• High-density housing in single-family neighborhood
• Neighborhood character
• Lack of notification prior to the meeting
• State-mandated requirements being forced on the City
• Deferring rezonings given the three-year rezoning deadline • Rezoning alternative sites rather than the five opportunity sites, such as downtown, BART, Caltrans Gateway, 25A Orinda Way, Phairs building, EBMUD property, etc.
Feedback received from the Planning Commission included:
• Making sure residents in the area receive notice of the rezonings • Potentially looking at alternative sites to rezone
• Potentially rezoning to a lower density than the proposed 25 du/ac for the church sites and Miramonte High School site
• Asking staff to provide graphics of what different densities actually look like • Asking staff to provide more information about the traffic studies that have been done
• Asking staff to provide a more comprehensive overview of Plan Orinda and the Safety Element
Following public comment and feedback, the Planning Commission voted to continue the item to a date uncertain.
Staff Response
After the Planning Commission meeting on December 12, 2023, staff took the following actions:
• Prepared detailed minutes documenting the comments from all public speakers and the Planning Commissioners at the December 12th meeting • Created a Plan Orinda Frequently Asked Questions (FAQs) document, attached to this report
• Agendized this overview to provide an update to the Council and to obtain feedback on next steps, including a suggested pivot to the downtown rezonings at this time
NEXT STEPS: As noted above, the City has until May 31, 2026 to enact the rezonings called for in the 6th Cycle Housing Element. Broadly speaking, there are two main categories of sites: those downtown, and those outside of downtown. Up to this point, it has been staff’s intention to complete the rezonings outside of downtown first. The thinking behind this approach is based on a few factors, including:
• It makes sense to do the sites outside of downtown separately because they share commonalities in terms of zoning classifications, development standards, and site context. The downtown sites share common characteristics.
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• The downtown sites are more complex in terms of development standards because of the draft Objective Design Standards, which would need to be codified concurrent with the downtown rezonings.
Given the level of community interest expressed at the December 12 Planning Commission meeting regarding the non-downtown sites, especially those along the Moraga Way corridor, staff believes it would be advantageous to pause meetings regarding those sites, allowing time for additional outreach efforts (such as the attached FAQs). Instead, staff can focus on the downtown rezonings over the next several months. Once the Objective Design Standards are codified, there may be some development standards, with adjustments to reflect lower densities and different height requirements, that could be applied to the non-downtown sites. Having more detailed objective design standards for the non-downtown sites might address community concerns and would give the City more certainty regarding future designs that are exempt from discretionary review per State law.
Based on the feedback received on this item at the January 9, 2023, City Council meeting, staff will move forward with working on Housing Element implementation.
FISCAL IMPACT:
There is no material fiscal impact associated with receiving this update.
ATTACHMENTS:
A. Weblink to: December 12, 2023 - Planning Commission Staff Report [weblink] B. Weblink to: December 12, 2023 - Planning Commission Late Correspondence [weblink]
C. December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt D. Plan Orinda FAQs
E. Weblink to: Adopted Certified Housing Element [weblink] F. Weblink to: Plan Orinda Website [weblink]
Respectfully Submitted by:
Drummond Buckley
Director of Planning
Prepared By: Winnie Mui, Associate Planner
Approved by:
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Planning Commission (PC) Minutes Page 1 of 21 12.12.2023 Tuesday, December 12, 2023
CITY OF ORINDA
DRAFT PLANNING COMMISSION MINUTES – Excerpt
6. NEW PUBLIC HEARINGS
A. Recommendation for Adoption of Planning Commission Resolution 23-04 for General Plan Amendment, General Plan Map Amendment, Zoning Text Amendment, and Zoning Map Amendments to rezone portions of five sites outside the downtown identified as Housing Opportunity Sites in the 6th Cycle Housing Element and adoption of an Addendum to the Plan Orinda Final EIR.
RECOMMENDATION: Adopt Planning Commission Resolution 23-04 recommending that the City Council:
• Adopt General Plan Amendments to the Land Use Element; • Adopt General Plan Map Amendments,
• Adopt Zoning Text Amendments to Title 17, Zoning, of the Orinda Municipal Code, • Adopt Zoning Map Amendments, and
• Adopt an Addendum to the Plan Orinda Final EIR.
Vice Chair Hubner introduced the project and asked about any ex-parte communications by Commissioners. Commissioners Armstrong, Jelinek, Lee, Parnigoni, and Hubner are familiar with the sites and spoke to no one. Commissioner Fay visited the sites and spoke to no one.
Associate Planner Winnie Mui provided the Commission with an overview of the project and staff report.
Vice Chair Hubner asked the Commission if there were any questions for staff.
Commissioner Lee: There was a slide with the potential units that could be allocated across the existing capacity, approved projects, and sites to be rezoned. I know the Caltrans site would not be recognized, but what was the number of units that could be at Caltrans? Associate Planner Mui: 200 units.
Commissioner Parnigoni: I noticed in the late correspondence there were several comments about late notice. I wondered if you could address that, what the requirement was and what was done. Some people stated in their correspondence that they weren’t notified.
Planning Director Drummond Buckley: We went through a public process that took the better part of two years. We did a tremendous amount of outreach throughout that process. And now folks are expressing concern, which they have an absolute right to do. The Housing Element was not conducted in a vacuum.
Commissioner Parnigoni: Right, and there was a lot of public attendance at all of those meetings. It just seemed like there was concern about this meeting.
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Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 2 of 21 12.12.2023 Planning Director Buckley: I would also add there were other initiatives happening at the same time. The Housing Element was part of Plan Orinda. The other components of Plan Orinda include the Downtown Precise Plan, which is a vision for downtown, and the Safety Element, which is another state requirement that had to be updated concurrent with the Housing Element.
The Safety Element analyzes the community’s safety risks and how to mitigate and plan for them. As part of the Safety Element, the City did an evacuation analysis as well that’s required by AB 747. The City did the AB 747 analysis earlier than is required because we felt it is an important part of the analysis that should be done at the same time as the Housing Element.
Vice Chair Hubner: For the Caltrans Gateway Site, on packet page 14, it says the City assumes the entire 10-acre site will be rezoned, but the maps show a 5-acre rezoning. Is that a typo in the text or map?
Planning Director Buckley: It is not a typo. It’s a correction that we needed to make as we got into more detail on that map. It’s still consistent with the original approval because it is the same number of units and it’s the exact same area that we’re predicting would be developed. If you look at the maps that were prepared in the Housing Element, it is essentially the same area. 5 acres is exactly what we were assuming to get the units for that site. It gives the units that are needed, but the City is not allowed those units for RHNA at this time.
Vice Chair Hubner opened the floor for the public hearing.
Bibiana Azuero-Collins: I am a resident of Orinda for the past 12.5 years, on and off. I was a renter for 2 years and am now a homeowner for the past 10.5 years. I live on Estabueno Drive, which is very close to the Lavenida site that you have proposed for development. As somebody who has been here for over a decade, I have seen the increase in traffic on Moraga Way. Not only from development in Orinda, but also from people in Moraga and all the development that has happened. Thousands of people using Moraga Way to get to and from home. Plus, deliveries and everything else that goes with it. Our kids, our children, my children, and many tens of hundreds of kids use Estabueno Drive and Lavenida as a safe passage to get to Del Rey Elementary, Miramonte High School, and OIS. We have three schools in that area. For Council to think of developing those areas along Moraga Way and on Lavenida, is very irresponsible. We have so much traffic as it is already on Moraga Way. Before Council can think of doing any projects there, we need to think about developing downtown where we have wider roads, where we have easy access to the freeway, where we have BART right there, and we have shops. Before we think about developing those other sites, we need to think about widening Moraga Way so we can handle all the traffic that is needed. I don’t know what traffic studies have been done, but I live the reality of not being able to get out of my neighborhood and make a left-hand turn or right-hand turn for five or ten minutes to try to get out. I don’t know what you suggest for traffic control because we have one traffic light before us and one after us.
I don’t know how you suggest doing the traffic between that Lavenida site. I have been stuck for half an hour, up to 45 minutes, trying to get downtown, just to go 3.5 miles to the freeway. For me, it’s a safety issue. We are a Paradise waiting to happen. If something happens and we have to evacuate 3 schools, possibly 5 because Moraga may also be using Moraga Way to try to evacuate, we’re going to be in big trouble. Again, I’m just encouraging development in downtown before anything else happens. Again, widening of Moraga Way before more development were to happen.
Julia Grimsmid: I agree with what Bibiana Collins was saying with regard to the traffic. I also want the Commission to think about the fact that this is going to increase the number of people and density, and we're already being dropped for fire insurance because of this accessibility H.2.c
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Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 3 of 21 12.12.2023 issue and the traffic issue. So I want you to think about that. And again, think about what we're going to do to Moraga Way or anything in terms of traffic. Adding stoplights would probably be helpful. And I want to just clarify one of the points that you made in the EIR. You said that there was an approval. I think it was with the addendum with regard to 3-stories being approved. Yet I think the housing plan had a 5-story plan in it. So to make sure all those mesh together, as well.
I don't think this is a great idea. I think supporting downtown development and maybe the BART parking lot like they did in Walnut Creek would be a better idea.
Steve Kreta: I'm here with Father Nicholas from St. John's Church. I've been a member of the parish for going on 40 years now. We've had a very, very good relationship with the City and community of Orinda. We're proud to be a part of that. I'd like to thank this Commission, especially the staff, for considering this project. We do look forward to rezoning a portion of our property to make some housing element right there, and we do look forward to working with the City to help support its goals for completing this project that you're required to do.
Jami Martini: I'm here to also follow up and support what Bibiana had started in the conversation. I also live on Estebueno Drive, which is the cross street with Lavenida. One thing I wanted to point out is on Moraga Way, making a right turn onto Lavenida, 10 months out of the year, we are not allowed to make a right-hand turn from 7am to 9am. There is no way that we can sustain any more housing up on Lavenida, high-density housing. There is a major safety issue with children walking to 3 schools. We also have an extreme fire danger adding all of these housings onto the 3 churches up Moraga Way, and then adding housing at Miramonte.
We just cannot sustain it. We are in a major danger zone. We also have been denied for fire insurance. So adding 200 more units plus, there's just no way that anything can be sustained with this. We also feel that this is a bait and switch. Downtown was supposed to be being rezoned and developed. BART parking lot was supposed to be rezoned and redeveloped. And now we've jumped 4 locations on Moraga Way, 3 of the church and then Miramonte. There is just no way that this is safe to getting 3 schools evacuated, our community evacuated and the Town of Moraga evacuated. We don't even have school buses to load multiple children in a danger zone. We would have to have multiple multiple vehicles to get everyone out safely. This is just a terrible, terrible and irresponsible decision.
Rick Lowe: My family has lived in Orinda for 20 years. We live on Oak Drive, which is adjacent to some of the properties that we're talking about. I'm encouraged that many of the comments are also my comments. It seems that there's like minds here. There's so many things I could say about what concerns me about this plan. But I'm going stick to safety. And when I say safety, we're talking about traffic. But we're not just talking about inconvenience. We're talking about little kids, people on bikes. We're talking about fatalities. In the last 20 years there's been hundreds of accidents on Moraga Way. They've only become more frequent. I live within distance of hearing those accidents. It's a bit horrifying since I do work at home, and I've heard countless times when bicyclists have been injured. We have a system that was built as a country road. We're no longer a country town. We can't really accommodate any more cars.
We've sort of inherited all this development, some of which is in Moraga, and it's only gotten worse, as everyone here can attest to. I wonder if you guys could do a show of hands as to how many people live on the south side of Orinda. The Board, how many of you? It would be great to have this in the record. One.
Planning Director Buckley: If you want the Planning Commission to do something, it would be through the Chair, and it can be after your comments are finished.
Rick Lowe: I want a raise of hand.
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Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 4 of 21 12.12.2023 Planning Director Buckley: You're free to ask that, but the Chair decides if the Commissioners are going to respond to your requests.
Rick Lowe: Chair, would you honor that request?
Chair Hubner: I’ve heard your request, and I will take it under advisement.
Rick Lowe: I will say that we don't have capacity for more cars. One lane in and one lane out. I have seen nothing about this housing plan, a single traffic assessment. I would love to know.
Has there been a traffic assessment done? That's a question.
Vice Chair Hubner: You talk, and then we will try and answer your questions.
Rick Lowe: I’ll leave it at that. I know you all have the best interest of us in mind. But I have so many questions. I'm just asking for common sense. I think all of us are. This seems illogical and I know we're all too smart to think of anything other than common sense here. So, I just ask that you reconsider any recommendation you make for a plan like this.
Planning Director Buckley: For the benefit of the audience and for the speaker, the way it generally works with public comments is, you get your 3 min to say whatever you want, and then, when the public comments are finished, the Planning Commission has the opportunity to deliberate, respond to things that people said during the public comment phase, and potentially answer questions that were asked during the public comment phase. It’s not done in the moment, at the same time.
Rick Lowe: I would love for us to not be stuck in a bureaucratic moment here. It's too important.
Anna Inesi: I live very close to Miramonte. I do want to thank Bibiana and everyone that spoke because it resonates of what I believe. It's dangerous. I think it's outrageous to have that amount of housing. I know that the City by law your hands are tied, and you need to have lowincome housing. But the zone, it's not right. We have schools. We have all Moraga people that if there's a problem they cannot get out, we cannot get out. I invite you, since you don't live in that area, that's what I gather right now from Rick, to drive one day. Go towards where those areas are during drop off and pick up during school hours, and that's regular traffic. We know and I try to avoid going if I can. At 3:30 to downtown, I avoid that. I live next to Del Rey, so I do know there's traffic and their kids driving and parents dropping off their kids. I avoid that traffic, but I cannot avoid traffic if there is an emergency. I have to have my kids out of the City and as well as everybody else. You don't know how that area is if you don't try and drive up and down and really experience how it is. That's why we have a lot here today. And a lot of people are out in their houses listening, and they cannot join. They would love to join, but they can't, and they all think the same way. It's irresponsible. And also, I do believe that we have not been given notification about this. I know that you talk that you had all these meetings in it housing. And I do understand you do need low-income housing, but next to the BART is the right place to put it, next to downtown. It makes no sense to have it where you want it. Miramonte. There's 3 churches next to a street that we have only one way to get out. It's not only Lavenida. You have a lot of roads that lead to Moraga Way. It's dead trap. If you don't want to have another Paradise in your hands, please be responsible. For our children. Think about that. We have a lot of schools.
Trevor Rose: I have lived in Orinda since ’88. My parents have lived here since the fifties. I've worked for Acalanes High School District since 2005. I work locally at Moraga Valley Pool. I've H.2.c
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Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 5 of 21 12.12.2023 known a lot of you and your children for your whole lives. There's a second half to this, so we'll get to that, too. But I moved here with the intent that I'd be able to walk my daughter to school.
We literally sold, like yard sale, every item that we owned, so that I could walk my daughter to school. The main walking throughfare will now be intersected with a high-density housing street, which is a 1.5, borderline, 2-lane road in Lavenida. I was intimately involved in the Moraga Valley Pool project. I understand you guys do your due diligence. I get it. I understand the need to comply with State mandates. But what I think might be missed here is the fact that the character of the neighborhood will significantly change because we cannot walk anymore. That will be a major negative to putting high density, apartment units or condo units essentially behind the high school. Additionally, I don't know, because I haven't been in all of these, whether or not the Council has considered the fact that if 187-ish units are put behind the high school, and theoretically each one of them has one school-aged child, all of those would be assigned to Del Rey School. I sit on the Site Improvement Council at Del Rey. The school is at capacity at the moment, operating out of temporary buildings, trying to scrub for money to paint the area where our children eat breakfast and lunch. If we theoretically think, adding 200-ish more students to that campus is a good idea, I missed something significant. So I understand. I hear the accidents in front of the High School every morning because I'm one block away. I hear the fire engines every morning because they scream down Moraga way. I hear it, I get that. But I don't know whether or not the Council has anticipated the fact that our elementary school and our middle school is at or near capacity, and adding a high-density zoned area would have to come with a new school campus. And if we're already having trouble finding land for housing units, I hate to see what the hurdles will be finding land for an additional school.
Maureen Matthews: I just want to say and mimic all the comments that we've heard relative to the fire hazard and safety, the congestion. The infrastructure doesn't support specifically the Miramonte campus. With the largest density of your proposed rezoning is at Miramonte, the farthest into Orinda, the closest to Moraga. It seems incredibly unsafe and irresponsible to make that the priority of your effort, when all of your marketing, communications, publicly spoke to the Precise Downtown plan as well as Gateway as the primary source for meeting the requirement.
We understand that there's a need for housing and affordability. However, you're actually as opposed to doing the work relative to rezoning and working on downtown and rezoning for potentially, BART. You're happy enough to work on Caltrans for Gateway, but you aren't for BART, which could revitalize downtown as well. I say, do the right thing, do the work in advance of pushing and putting us in a fire hazard. Think of what is on your hands, the responsibility you have, and recommending to put the highest density in anything that you have going on to meet the State mandate. Work with the State. They're the ones that are asking you to do this. We've voted this, many of these electives in. Do the work and the plan that you actually communicated to the community as opposed to these alternative sites.
Bill Doyle: First of all, I want to thank all of you for your service and your volunteer, working hard on these issues. I know it's extremely complicated. I live on Sandy Court. I've lived there for 4 years. That is the three-house cul-de-sac, if you will, adjacent to St Mark's Church. It's a type of low, residential development that we would love to see continued on the church's site. A lot of colleagues here have said fantastic things, so I don't really want to beat a dead horse. But one of the reasons that we moved here was for the character of the neighborhood. I thought Trevor put it extremely well. Increasing the density, and I'm focused solely on the density. I'm a big proponent of middle-income, low-income housing where it's needed. But the density is the major concern, and that will take away the character of Orinda. Take away the character of Moraga Way. And cause a multitude of safety issues up and down Orinda. So a few questions that I have for you that I hope you will take for your discussion afterwards. But why do we have to go from low res to 25 units per acre right away. Can we go to 5 units per acre? I would love to see H.2.c
Packet Pg. 100 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 6 of 21 12.12.2023 1,500 square foot single family homes on a cul-de-sac on St Mark's Church. What did the EIR say, and I went through this, and I don't believe it did. But if you're assuming the sites will be senior housing and affordable, you have density bonuses that come into effect both for affordable housing and for senior. So you’re kind of pulling the rug over on top of people here by saying, that's only 25 units per acre. You can get almost double that if you get the density bonuses. So I'd like to hear a response on that. And then also the one thing that's kind of this hidden gem that you guys don't really raise is St. Mark's itself. What is the story with St. Mark's? Who owns St. Mark's? Currently, you say no developer is here, and this is solely a zoning change. That's not the case. They are actively looking to develop that site. That leads to my final point on SB 4 that goes into effect on January 1st. Are we now to assume that the site behind St Mark's, which will be 25 units per acre, can be tied to the St Mark's Church at 20 units per acre? Did you guys take those additional units per acre if those churches convert all those sites to residential? Is that part of the EIR? How are they going to access the St. Mark’s spot up the hill without going through St. Mark's itself. Do not fool yourself that that is not the same developer and that church will switch from church to 20 units per year.
Sheila Yeh: I live at 26 Lavanida. I'm really very concerned about the negative traffic and pedestrian safety impacts by the zoning change proposed for the 9 acres of the Miramonte High School site. Unlike the church properties or the Caltrans property, and you've heard other concerns about those already, but unlike those ones which front, on, or very near major arteries, the Miramonte site fronts on a narrow local road, Lavenida Drive. This narrow local road is used as a walkway for school children, attending both Miramonte High School and Del Rey School.
The large increase in vehicular traffic from approximately 180 additional residences would negatively impact the pedestrian safety of these school children. In addition, there will be traffic and impacts on the intersection of Moraga Way and Lavenida Drive, which would also be negative. It's extremely difficult to turn out of Lavenida onto Moraga Way already. The intersection has an existing Level of Service below the City of Orinda standard, according to a traffic study that was part of the Lavenida Lane subdivision planning process. The report is available for review on the Planning Commission website. The addition of the 8 houses in the Lavenida Lane subdivision was not expected to have significantly degraded the Level of Service at that intersection, although certainly it would have been degraded some. But the addition of something around 180 additional residences would certainly significantly degrade the Level of Service which is already below the standard for the City of Orinda. Perhaps that could be mitigated with a signal at that intersection. But then that would slow down the traffic on that major artery that provides access and egress from Orinda and Moraga.
Jack Meyers: I live at 705 Moraga Way. I first moved to Orinda in 1975. I want to bring up a couple concerns. First concern is, there's several matters before you tonight. It would be responsible to not decide on one before you evaluate all the others, because one may be an alternative to the first one and to act merely in order when they're fragmented will have a deleterious effect to Orinda. Second, given the high-density nature of the proposed resolution, until there's been proper notice to all the homeowners in the Moraga Way corridor, who need to be made aware of their ability to evacuate safely is being affected by so they can comment, you can't in good character exercise a yes vote tonight despite Government Code 65090, which merely puts a legal notice in the paper for those which don't live within 300 feet of the parcels.
I'm here because I live within 300 feet. I was notified by first class mail. The majority of those who live in the Moraga Way corridor, those common evacuees as myself have not been adequately summoned in the public hearing process. Given all homes in the evacuation site are impacted by the proposed, I appeal for you to notify them by first class mail, even if the Government code doesn't require it. Case law states residents such as those in the Moraga Way corridor with a common interest to those living within 300 feet, have a right to enjoin in an H.2.c
Packet Pg. 101 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 7 of 21 12.12.2023 action, if also affected. As a taxpayer, I urge you to communicate to them, head off unnecessary litigation cost by simply noticing them. And make this a better, more equitable process.
Nikki Nestal: I am a 17-year resident of Orinda. My husband actually grew up here. He remembers a time when you couldn't even put the BART parking structure 2 stories because it would ruin the aesthetic of Orinda. So I think we're all here because Orinda is a charming community. We don't want multiple unit housing down Moraga Way to restrict the charm of it. I live down Moraga Way as well, and I'm deeply worried it will have a negative impact on the fire hazards and exacerbate the already challenging traffic situation during the weekdays. I've had 3 kids go through the school system, and the students that live on this side of Orinda have to leave for Miramonte at least 45 minutes before Miramonte even starts. So it's not just impacting our side of Orinda, it really impacts the entire community. I urge the community to thoroughly consider these factors and explore alternatives that prioritize both our neighborhoods wellbeing and the Housing project's goals.
Sarah Gupta: Good evening. I'm Sarah Gupta, and I'm joined by my son, Sean Gupta, who is a student at Miramonte. First of all, thank you for all that you do. This is not my area of expertise, and I know a lot of thought and planning goes into it. We live across the street from Holy Shepherd. We've been there for 4 years and are really happy to be here. And as a family, we're actually very excited about the idea of potentially more diversity in Orinda, with different types of housing coming into play. Two things, though. Just to echo some of the things we've already heard tonight. Moraga Way, it's beautiful to drive on. It is not a safe road. We've been there for 4 years, and we've seen, not on Moraga Way, but right in front of our house we've seen 4 accidents, including one fatality and my concern is safety. I know accidents happen. That's part of driving. We have young drivers coming up. That's just part of being on the road. But right now, the current infrastructure on Moraga Way doesn't support anything other than driving. For all the high-density housing that's proposed at the church sites, there is no way for people to safely travel from those sites except by car. The closest crosswalk that you could get to without having to jaywalk, either across Glorietta or Moraga Way, is down by Del Rey. My kids jaywalk every day when they take the bus from Moraga, sorry any law enforcement officers. We actually got a stop sign, like an actual stop sign, that we hold for people to go across. Because again, it's a high traffic area. The other thing I know people have touched on this as well is fire safety. This is going to sound a little over the top. But if you were setting the Titanic out to sail, and you had one staircase from the bottom decks up to the lifeboats, it doesn’t make sense to put more people down on the bottom. My son would like to join me in speaking.
Sean Gupta: My thought is that these issues with the traffic exist right now. So, it should be a priority to try and fix them. Regardless of this plan. This plan will probably increase these issues, but they are issues regardless.
John Valentine: For the past 20 years I've been privileged to serve as a pastor of Holy Shepherd Lutheran Church 433 Moraga Way, a location that's on your agenda tonight. Our congregation has committed itself to being of service to the community. 18 years ago, we opened the first and only adult daycare center in Lamorinda continues to serve the community, Lamorinda Adult Respite Center. We welcome 15 dementia patients a day and do adult day care for them. This past summer we were approached by the preschool at St Mark's that was evicted from their location. and our congregation made a commitment to welcoming that preschool community and to our own preschool community. And we're currently in the process of expanding our preschool facility from 24 students a day to about 65 students a day.
Represents a major challenge. So long and short of it is, we don't know what the future holds for our congregation, but we want to be in service to the community. And I'm concerned that if you H.2.c
Packet Pg. 102 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 8 of 21 12.12.2023 approve this thing as it is currently expressed, you would be precluding us from potentially developing our property in ways that would be good for the congregation and the community we serve. And I would simply ask of you that you give us written confirmation that uses currently permitted under the current zoning would be grandfathered into our zoning stipulations, so that if we choose, if we choose in the future to do something that serves the community and the congregation, we are not going to be precluded from doing that because you say no, that's got to be R-25. Do you understand my concern? I'd love to have a conversation. I've already spoken with Drummond and Winnie. They've been very amenable. The City Manager joined us in that conversation at one point and said I will support you. I know that there is at least one member of the planning staff that may be retiring within the next decade, and I would not want to just have it on their word that they'll do what they can. I need your word that we can do what we can because you'll do what you can.
Woody Karp: I have lived in Orinda since 1987. I live on Oak Drive, which is directly across the street from St Mark's and Shepherd the Valley. I echo the concerns that have been expressed by everybody here tonight sans one person, and I don't want to reiterate those points. But I do think that it's interesting to note that you have 3 years from last March before you need to take the action that you're being asked to take tonight. So, I think you have an opportunity to give pause and to reflect on the concerns that are being expressed here, and to take a greater look at other alternative opportunity sites. And if you find such sites, you can amend the specific plan with HCD. That would allow you to modify it and still meet the requirements. So I just ask you to take pause tonight and reflect on the concerns that are here that are very real and are well articulated. And I certainly echo the sentiment that the downtown area BART property, potentially the EBMUD watershed across from downtown could be very viable sites for high density housing.
David Shindle: I've been a resident since 2007. We love Orinda, and moving from a big city to Orinda, quiet and in a quaint town, but we've definitely seen it grow, and I want to echo everybody's comments so far that's been here tonight. I agree with almost every single one unanimously. I would just like to ask ourselves, are we doing as a Commission what's efficient and effective for Orinda. Or are we doing what is maybe easy. I know Senate Bill 4 maybe makes things easy for the sites that have been chosen, and I know it certainly evolves and gets rid of some of the CEQA issues and things like that. But to echo with everyone else, I feel like the choice of the zones with the 3 church sites and Miramonte site is not the best, most efficient or effective zoning choices. For all the points have been made whether it's downtown or areas that are more central, these 3 church sites are 2 miles from Orinda downtown and 2 miles from Moraga Safeway downtown. No good access to transportation necessarily. If you want to try and take the bus, difficult enough. We've been fighting just to get a crosswalk in our area where we live, cause I'm situated off Ardor. We've been working hard for that. Thank you, Bill. So, I definitely think the choice of zoning areas is not great. And I would like to echo what the last commenter said as well with a 3-year roadmap and all of the multitude of reasons that were brought up here tonight, all of which are very valid, very concerning, and very real for all the residents who live in the southern half of Orinda. With a 3-year roadmap and timeline, what is the pressing, urgent need to get this approved and passed on tonight. Why can't more consideration and maybe some more input. Obviously, this will generate a lot of outreach and passion from the community, which I think is great, and some people would like to be more dutifully noticed about what's happening, and maybe they don't understand the impacts.
Certainly, give everyone the opportunity to continue to add to the discussion.
Jacalyn Buettner: I live at 21 Loma Linda Court, right above Sandy Court, behind St. Mark's. I'm one woman on a one-acre property, so it's a little disturbing to me to know that my neighbors H.2.c
Packet Pg. 103 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 9 of 21 12.12.2023 are going to have 20 units on one acre. I did work my booty off to buy that property in 1992.
That being said, here are my 3 questions, and I'm not sure how they get answered. You get back to us at a later date or yet tonight. But question #1, I'd like to know who the individuals are who proposed each of the sites. I'd like to know the names of those individuals. Question #2, how would adding a hundreds of apartment units along heavily traveled small suburban road impact traffic on Moraga Way overall. I want to remind you that is 0.4 miles between 3 properties. Again, 0.4 miles between 3 properties. We've got Amazon, UPS, FedEx, deliveries, school commute, OIS, Miramonte, Del Rey, emergency service responses, and considering the fire station right in our backyard as well. I personally live right off Ardor. I have been t-boned once, my 2 young boys were t-boned, and the woman that t-boned me was doing a flyby.
There's a left turn lane onto Ardor. She was doing a flyby to get to Miramonte to get her kid to school on time. T-boned me cause I'm trying to get out to go to Miramonte. She was freaking out, and I looked at her and just said, my kids are safe. So, it's definitely a safety issue. And my neighbor at 24 Loma Linda Court was taken out by a fast driver. Her pelvis was fractured. I know of 3 accidents, and I know there's many more. So I'd like a traffic, or some sort of answer there. Third, how would the additional congestion affect Orinda’s and MOFD's wildfire evacuation plan which relies heavily on Moraga Way. This portion of road is a well-known bottleneck and it's a choke point. So those are my 3 questions. And just for clarification, how will those be answered?
Vice Chair Hubner: We'll try and get to your answers later.
Jacalyn Buettner: Will they be answered tonight, or at another day and time? Vice Chair Hubner: We’ll try and answer everybody's questions tonight as we as best we can.
Kenneth Goldman: Thank you to all of you being and serving us on the Council. I'm sure it must feel like a very thankless job on some nights. And thank you both of you, too. For being here and doing what you're doing. I know it can't be easy to hear the frustration. and obviously many of us don't attend very often. I would ask also that we have no more outbursts that require such a violent rapping of the gavel, because that's quite ear piercing and painful. I live nearby, the intersection of Ivy and Moraga at the entrance to Miramonte High School. and I can echo the truthfulness of all the observations that were made about the congestion, the accidents, the sirens. I moved into the neighborhood, and, like many people, retired to be able to live here and moved within walking distance of 12 years of blue ribbon schools and then found I couldn't actually let my kids walk on their own for sure. Because the traffic was just too great. I think very seriously a lot of the time. I think a lot of us when we saw those maps, and we saw the addition of hundreds more building units in that neighborhood, we all thought, we're going to die in a fire here as it is. We've gone to meetings that we've been told, could we go to the pool in the fields at Miramonte. And people with experience say, up at Santa Rosa, that will not save you folks.
You know, jump in the pool. That's not going to save you. So I don't see how you want to have additional units in such an a congested area. I appreciate that this is not congestion like in an urban area like a national city. At the same time, you have an obligation to meet the state’s requirements that they've imposed on us. You would still have some obligation to the representatives and to defend their interests and to say, Hey, you know what? At some point there's a limit to how much housing can be established in an area safely, and I think it's safe to say, we're probably at that point already. I see the fair fields etc., in Moraga. I know all that area is going to be continually developed. It's just going to make it worse. And we probably don't even have a say on what happens in Moraga. So, I hope that you'll consider that when you are thinking about allowing those areas by the churches and Miramonte High School to be zoned to H.2.c
Packet Pg. 104 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 10 of 21 12.12.2023 allow that many more people to live in the area. It just doesn't seem like the area can sustain that many people.
Craig Hunt: Thanks for your time and all your dedication to the community. Amongst us, we all have a lot of volunteers in our community that bring a lot of passion to all these issues. I've got a couple of observations and a couple of requests, please. It was 6 months ago that I attempted to make a left turn from Lavanida onto Moraga Way and a motor cyclist came tearing down Moraga and was hit by another car coming the opposite direction. I was left to pick up a pile of bones. Not a pleasant sight. Apologies for the shock and awe. But this is only going to get worse with this development, I can assure you. One question I have is the traffic study that was done back in 2011. My understanding it was done in August, which was outside of school. Can we verify that? If there's a more recent study, could we request to see that, please? My understanding is that the development site is also a potential slide area. And for the development of low-income housing, it seems like a very expensive exercise to achieve. Then one petty little comment would be the posting of the meeting notice on Lavenida. It was extremely difficult to see. If I'd walked by it a hundred times, I probably would have missed it 99.
So I'm not sure how these notices are posted for the local residents other than on a street sign.
It was on a small little piece of wood that was barely legible. I'd request that we make a sincere effort to get more notice and better signage, please.
Scott Yancey: I live in Ardith Drive in Orinda. Love this community. I'm not going to belabor the many points that have been made here. There's clear concern around safety, traffic, the nature of the community we live in, economic value of some people's homes in this room, and others.
I'm here to actually talk a bit about the process. I believe you, wholeheartedly, that you've followed the process to the letter of the law so far. I think that's inadequate. We are not developing a single business or single site. This is a fundamental change to Orinda at large. Not to mention everybody who lives off of Moraga Way. You have to go above and beyond. The fact that I'm only here because Mr. Sinclitico, and others notified me this morning that this was even happening. I'm pretty dialed into this community. I happen to be president of the Orina Baseball Association. Know a lot of folks. Clueless. The fact that we don't have letters going to every single person's door, the fact we don't have signage on the marquee, the fact we don't have a banner hanging over the BART, is inexcusable. We should have some type of website that shows all the information. Why are all the sites south of the 24? Why isn't 25A Orinda Way proposed? Maybe there's a good reason. I should be able to actually get that information. I should be able to look at the fruits of your labor and be able to understand it. Feedback.
Comment. The fact that none of that's been done and the fact that we've had alternatives here highlighted. Maybe they're not viable. Maybe they are. Seems really opaque. Really rushed.
Really incomplete. You can't do that to a community. You can't put the danger into a community, the economic impact in the community, the impact, the livelihood, and the satisfaction of the community without going the extra mile. Not just what the letter of the law says.
Dennis Sinclitico: My family and I have lived in Orinda for the past 10 years. We live on Southwaite Court, which is about a quarter mile from the Miramonte site, and about a half mile from the 3 church sites. I want to echo a lot of the comments and concerns that have been raised by my friends and neighbors here around school issues, traffic issues, emergency evacuation, are all significant issues that I trust will be looked at it with due thoroughness. I wanted to raise 3 points on my own. The first is, I couldn't help but notice on one of the slides that came up, that all of the proposed sites were south of the freeway, almost all concentrated in one small area in South Orinda. I understand and appreciate that we have obligations to build more housing in Orinda. It seems like one small part of this community is being asked to bear a H.2.c
Packet Pg. 105 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 11 of 21 12.12.2023 disproportionate amount of that burden. There must be other sites in Orinda to spread some of this around. There has to be. We all know we all know downtown. We all know sites, the BART station. I'm just coming up to speed on all this, so I can't speak to it all very eloquently, but there's got to be other places than a half mile circle in South Orinda. The second point I want to make is what Mr. Yancey just brought up, which is around notification. I, too, learned about this in a very ad-hoc way. Mr. Buckley, I saw your slide 7 about the efforts that were undertaken. I concur with Mr. Yancey that they were wholly insufficient. There are hundreds of people within that area that would be here tonight if they had advanced notice of this. Actual advance notice of this, not just kind of word of mouth, or something posted somewhere. This is a substantial change in the way of life for thousands of people in this town, and they need to have the opportunity to have their voices heard. So I strongly encourage the Commission to defer this decision. It doesn't need to happen tonight, from what I've been told, and from what I've heard, so I would strongly encourage you to do that. The third point I would like to make is at the beginning there was a question that went around about site visits. I believe Commissioner Armstrong said that he hadn't made a site visit, and I noticed that everyone else said that they were familiar with the area. Familiar with the area. So what I would ask you to do is make a site visit. Come on down and walk along Estabueno Drive at 7:30 on a Wednesday. And what you'll see are hundreds of kids and families. What you'll see are hundreds of kids getting up and down on their bikes. What you'll see are parents trying to get their way to work up and down Moraga Way. So I would encourage you not to be familiar with the area, but to come give it a look.
Come walk it for one hour, 7:30 to 8:30 on a weekday morning, and I think you'll have a better understanding of the impact on what is being proposed and discussed tonight. Particularly with respect to the Lavenida development. I can't imagine, not just when it's done. But imagine the years that that area and that neighborhood will be a construction zone.
Peter Lindberg: I'm here to ask the Planning Commission tonight to be authentic. Be realistic.
Take off your politicking hats and remove yourself from the safe cover of the less than rigorous report presented tonight. We're here to ask you to stand with the citizens of Orinda and protect us. Let's be clear. High-density, low-income housing is being forced upon us. The State mandate is rotten and wrongheaded. Do not acquiesce to the amoral bureaucrats of Sacramento, who cloak their incompetence and feel-good words like equity and inclusion.
California has a broken criminal justice system, a mostly failed public education system, a 68- billion-dollar budget deficit and California has the embarrassing distinction of having nearly 50% of the United States homeless population. And yet Orinda is surrendering to this dangerous, bumbling, bureaucratic organization. I recommend the planners and City Council members become familiar with Kaleo Manuel, former Deputy Director of the Hawaii Commission on Water Resource Management. Apparently, a kind, well intentioned man, who regrettably contributed to the destruction of Lahaina, and the deaths of innocents. You see, in the name of equity, Mr.
Manuel waited for more than 5 hours to release water during the wildfires that devastated Maui.
Apparently, a well-intentioned man. Mr. Manuel obviously chose to appease the State and not protect residents and citizens. Developing high-density housing on the Miramonte site is a clear danger to the citizens of Orinda as you've heard tonight. The traffic report is incomplete. The environmental impact report is half baked. The evacuation study is possibly criminal in its weak framing and invasive language. The high-density site proposed for Miramonte is next to Miramonte Gardens, another high-density development, therefore creating concentrated highdensity housing in the highest risk area. The Planning Commission clearly has not done the work. You need to do the work. The City needs to revisit the Downtown Precise Plan and reevaluate the original height and density assumptions. The Planning Commission also needs to revisit the BART, EBMUD, and Gateway sites. Do the work. For example, one of the reasons given for not pursuing the BART site, on one of your slides is, I quote, is site coordination would be challenging. No kidding. Do the work. The BART site makes the most sense, clearly next to H.2.c
Packet Pg. 106 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 12 of 21 12.12.2023 transit and the highway. It's the largest site and owned by our new masters, the State. Work with them, do the work, protect Orinda. Do not contribute to its demise, reevaluate and complete the downtown plan, build on BART. Defer the decision and do the work.
Matt Savage: I live on Estabueno. Thank you for listening to everybody tonight. Appreciate it.
Just listening to everyone speak tonight about safety, our kids, fire hazards, I couldn't agree more. The point I want to bring up is, Dennis talked about, come visit Estebueno, come visit Lavenida. When I learned about this site and looking at Lavenida, the one point I don't think anyone expressed. There's only one way out of there. If those residents where you propose this land site want to go an alternative way, they can't. They have one way to get out of there, and that one way goes right through where all our kids walk to school. So every single morning they're going to be driving right through where our kids walk to school, bike to school, and guess what? We don't have sidewalks. Our kids walk down the street. They ride down the street.
They're going be right in the line of sight of all these people leaving their residence. And to the last point. If there is a fire, you know we're all worried about ourselves. But those people are not getting out. They have one exit there. They're going to be blocked by the people getting out of Estabueno, trying to get out of Moraga Way, and god forbid it happens during 8:00 on a weekday. I don't want to reiterate everyone's great points. I just wanted to bring up that fact that it's just almost, it's a dead end out of there. It's just a not a great plan.
Simone Brian-Shar: I'm a fifth-grade student that goes to Del Rey school and lives around the sites that are going to be rezoned. And first, I just wanted to say that like everyone else has said or thinking, if you did build all those houses there, there would be so much more traffic to get back in and to school. And I'm guessing you probably don't have a solution to this problem.
Second, I wish that I could walk on my own street, Orchard Road. My parents won't let me, because we get so much traffic from people driving super-fast down our street to get to Moraga Road. When the traffic on Moraga is backed up every day, traffic will get so much worse with the new developments on the 2 church lots in my neighborhood. So, everyone who goes to this school would be late, so much later than normal, which affects grades, which determines which colleges we go to, which most people who went to the school around this time will get lower education, that basically changes everything in the future. So, I guess what I am trying to say is, don't rezone those lots.
Brian Roufa: I wasn't actually planning to speak today, but I feel compelled. I was one of those who did not receive a notice, but I am impacted by this. I think I share the southern part of Orinda location of our house with most of the people in the room were impacted. I also share a part of that with a number of folks here, which is the people that have to turn left onto Moraga Way in order to evacuate or leave. When it's not rush hour, it can take 5, 10,15 minutes sometimes. When it is rush hour, or school time, it can be extremely difficult. I'm terrified for the safety of my children. I have two children that are in Del Rey. It's hard enough to get them to Del Rey and then come back. I live off of Crestview Drive, which is a dead-end street that accesses Moraga Way from Crestview. There's also Crestview Drive and Hilldale Court and Crestview Court. There must be a hundred individuals or more that have to come down onto Valley View and onto Moraga Way and turn left. We also have Lost Valley that goes through Valley View and on the Moraga Way. This initiative would overwhelm Moraga Way in terms of evacuation as was mentioned. Again, I'm terrified of the thought of if we have to get out in an emergency. It's hard enough to get out to make an appointment or do anything during regular days. And so, I just don't believe we have the infrastructure on Moraga Way to handle the increased load of traffic of cars. There’s already congestion, just with the cars we have, with cyclists, and others.
There's no sidewalks on Moraga Way from my point into downtown and I would ask that you solve that problem first. Or in conjunction, because of the safety of all the families that are on H.2.c
Packet Pg. 107 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 13 of 21 12.12.2023 the southern part of Orinda in case of an emergency or just day-to-day life, to get out of our homes safely with our families. To make our way out of Orinda.
Judy Chan: I actually live on Moraga Way. So I am one of those people who did not receive any notice. And it's really concerning because my kids can walk to all 3 schools. I am going to be severely impacted. And it would have been great if I wasn't notified through NextDoor or some of my neighbors. So, with that said, I don't want to belay the fact that we are all very concerned about traffic or safety. But let's talk about what would happen if there's a fire. AAA, AIG, Nationwide, all of them have left. Why? What's the word? Fire. So, what will happen to everyone in South Orinda when that happens? This is not only irresponsible, this is downright suicidal.
And I apologize for being so emotional, because to me this is really sickening. A huge concern.
And I implore you guys to reconsider that decision.
Ruth Haines: I also live in the area, so I agree with what has been said. A couple other things.
The city of Moraga, Moraga Way is their main exit out as well. They've had development, and I don't know their plan for development. But they're going to be adding significant units that are going to have to come out on Moraga Way. I'm very concerned about that fact. In addition to the 500 units here on the south, the very end of Orinda. That's compounding the issue of Moraga’s required development that also has to come through there. I'm a working person. I have to get to BART every day, and it's unbelievable the traffic that we have right now. It takes me over 20 minutes, at least 25 minutes, just to get to BART. To get onto BART and to go into the City. So, adding 500 units in the area, 200 above Miramonte and then the others very close by. Two cars per unit. People are working families, I mean, that's a lot. That's a thousand more cars, and that's not even the cars in Moraga. So, I understand that we can't have all the development in one area, because the mandate is to put it through the community. But we're really bearing the burden over here on the south side. I don't see any in the Sleepy Hollow Wagner area. Is there a reason why the whole entire side of Orinda was not considered? I understand that there's maybe no way around it. We have to have some. But the 200 by Miramonte, it's just so difficult to get out of that area, even onto Moraga Way. And then the fire. I have to say after the fires that we've seen over the past few years, I've had nightmares about the exit plan trying to get out. You try to talk yourself out of it, you'll get away, everybody should pledge to take one car.
That's not realistic, one exit out of that entire area. I feel bad for the Moraga people as well. I understand you guys have been working hard, and I sometimes feel like because of that we just push things through. But please consider delaying.
Christina Strand: I live in Orinda. I live on Lavenida drive. We were here to talk about Lavenida Lane. We were here to talk about Adobe. We talked about traffic impact studies. We asked you guys not to vote those in. We were here for 13 house developments. How in the world are we here tonight talking about multifamily giant community going in back there? It makes zero sense. I agree with Pete Limburg, do the work. We have been hearing about this Downtown Precise Plan for years. I have no idea why nothing is being done there. Why is this being zoned all of a sudden? It sounds like the easy way out. It really does, and it's sad for all of us. It's super sad. Let's figure this out. Let's keep it out of these fire zones. And I just really hope this isn't exactly like Adobe and Lavenida Lane where we come and we talk, and we question these EIRs, we question everything, and at the end of the night, we're going to hear, I, I, I, Yes, Yes, Yes, vote in the zoning. Why? We have till 2026. Why are we doing that tonight? We need notification. We need people to understand this. We need focus on the Downtown Precise Plan.
Let's think about that. I am asking you not to do anything tonight.
Josephine Chen: I am a new resident of Orinda, and I am absolutely appalled by what I am seeing here tonight. What I heard first was that the Council intended to make a recommendation H.2.c
Packet Pg. 108 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 14 of 21 12.12.2023 on the amendment. What I heard second, with the slide deck presented by the Planning Commission was that you are planning on making the recommendation for the amendment.
What you are hearing here tonight is not one person in favor of making the amendment. So there's a huge disconnect tonight. Please do not do not hold the card and make this a foregone conclusion. Because what you will have is a very disappointed community, and I'm really concerned about it, because I'm seeing some looks on your faces. I really want to have the sense that we're being heard.
Limor Rozmarin: I live off Rheem Boulevard and we won't be even able to merge into Glorietta and definitely not into Moraga Way in case of an emergency. I did want to ask a question. I heard about this meeting fairly recently, so I do not have time to look at the numbers. But I'm just quickly Googling. It looks like from 2010 to 2020, California's population grew by 5.8%. So in a decade, before the pandemic. It seems to me, big numbers, 1,300 out of 6,500 units that Orinda already has. Why are we growing 10, 20% in the next 8 years? I'd like to get a sense of why we are disproportionately growing.
Scott Gardner: My family and I have lived in Orinda for over 20 years on Oak Drive. And I have two quick points to make. Number one. What I've read from the Environmental Impact Report is frankly, fundamentally flawed. It does not address how we are evacuating. And especially the residents of Moraga, I don't know how they would evacuate. And certainly it doesn't address what the impact would be if we had the additional traffic and what would happen if we had a fire.
The other thing I wanted to address. If you look at the proposed housing. you're adding so many schoolchildren to this area that you're going to have to build more schools. If you build more schools, what's going to happen? What will happen is there will be more traffic on this road with people trying to go from wherever they are to those new schools. So, you're adding additional traffic at high traffic times in the mornings and the early afternoons. This is not thought out well, and, as everyone else has said, we think that you ought to delay this, and further study is necessary. Do the work.
Kristan Torres: I'm an 18-year resident of Orinda and also I'm a teacher at Del Rey elementary school. So I speak on both sides of that. I just want to reiterate what a lot of people are saying about the impact of the schools. I haven't heard about the school district and their role in all of this and what they have to say about what we're going to do to absorb the amount of children.
Right now, I teach kindergarten. Our playground is overrun. We have to schedule our recesses because the playground's falling apart. I haven't heard of when we remodel, what's going to happen. I just want to hear a lot more about the school district. Have you talked to them? Do they come into play here? My concern is for our students, obviously, and the rest of the Orinda residents. Our classrooms are packed. We have the whole TK kids coming into our schools now, too. We're running out of classroom space and playground space. So, I would love to hear more about that.
Brian Gunn: Lived at Sandy Court for the past 16 years, next to the St. Mark's location. I feel like this is deja vu all over again. Was here probably 8 years ago, when you were last considering that site, as well as some of the others. I'd recommend that you delay this decision. Everyone's made amazing points tonight so I'm not going to reiterate any of them. I did want to give one anecdote on the traffic just so everyone can appreciate it. What our teenage kids do to get to Miramonte. They come out of our cul-de-sac, and instead of taking a left turn towards Miramonte, they take a right turn. Hopefully there aren't any traffic enforcement people here.
And then they do a U-turn at Oak Drive, because that is easier than taking a left turn out onto Moraga Way with all the traffic. It's an anecdote. It's how we have to live our life. But you really have to appreciate that. The last thing that I wanted to bring up, and I don't think anyone's H.2.c
Packet Pg. 109 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 15 of 21 12.12.2023 raised this. The traffic as bad now. But what fraction of people have returned to the office in San Francisco? We're still at a fraction of what the traffic was pre-COVID. Imagine if all the employers get everyone back into the office. Traffic's going to double and then you add all this development. So, great points everyone tonight. Thank you for your comments. Thank you for your service and do the right thing.
Vice Chair Hubner closed the floor for the public hearing and brought the item back to the Commission for discussion.
Vice Chair Hubner: I know there were many questions, and we will try and address as many as we can in our comments. First off, I'm going ask the Commission to begin the comment period, and we'll try and address questions as best we can. Maybe I can make one quick start, just from the perspective of the first question was asked of the evening. I grew up in Orinda. I grew up on the south side of Orinda, on Hall Drive. I've driven Moraga Way up and down all my life practically, except when I was at Cal. I understand some of the concerns about traffic. I experience it regularly when I visit friends who live in various parts of the city. I'm going to defer a bit to staff to discuss the issues raised about notice. This process has been going on for, I think, over 3 years, as was mentioned in the initial report. Please bear in mind that the discussion of the zoning issues tonight is only part of the entire process that we are going to be going through to achieve conformance with our Housing Element. It was briefly mentioned at the end of staff presentation that there is, in fact, a very large portion of this effort, directed at the downtown. I'll call it the downtown area, both on the Theatre side and the Village side of Orinda.
The burden of this process is not being borne solely on the south side of Orinda. It is being borne throughout the city. The process has involved many, many meetings, many, many presentations to you folks, the public, and we would like to emphasize that this is only one step in the process. It is not the entire effort. And again, I will repeat, the 5 sites mentioned in the zoning process tonight is only a beginning. It is not the entire process, and the burden is being hopefully as required to be throughout the city.
Commissioner Parnigoni: There is a lot of concern, obviously a lot of passion from the public, and I wish we all always had, maybe not this kind of passion, but we always had this kind of involvement from our population. We don't usually. Sometimes it's just us here. So, it's great to see everyone here, even though I know people feel very passionately about it. Clearly there are issues around the safety concern. And so I think we should talk about the notice requirement first. I think there is such a strong feeling about the safety component of it that we should be sure that everyone has had time, and I don't mean hearing about it this morning and rushing into a meeting tonight, because there has been a lot of work that has gone into this proposal.
Many of us on the Planning Commission have sat through many of those meetings through all throughout COVID. Lots of the public spoke at those meetings and had input. I think we should make sure that we're including everyone, especially those people that live in that area. And if we need to notice differently than maybe we typically do because it involves so many people, I think that's something that we should consider this evening.
Planning Director Buckley: The reason that we stick to the law when we do a mailing notice is because if we do it differently for one project or one person or one area, then we're treating different parts of the city differently for different purposes. So when a mailing notice is required, throughout my entire career, everywhere I've worked, we have always followed the 300-foot rule, which is what government code requires. I am encouraged by the amount of people that got the message tonight. This does not read like a group that is uninformed. I can appreciate that there are people that did not get a notice, and I'm happy that they heard about this meeting tonight. Even if the Planning Commission makes a recommendation tonight, it’s a H.2.c
Packet Pg. 110 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 16 of 21 12.12.2023 recommendation. There still would be at least one, if not more, hearings, before the City Council, which we would also do notices for. We have our Plan Orinda website. One of the comments that was made is, why don't you have a website? We have an incredible website.
That has all of the information that folks need about the Housing Element as well as the other components of Plan Orinda. And there is a part of that website that folks can sign up to be notified on. We have probably 400 people who've signed up for notification over the years for that. One thing we could do is if folks want to leave email address for us, we can start collecting email addresses so we can communicate electronically with the folks that came tonight. There's ways where we can reach out besides just a mailing notice. I’m happy that we have the participation that we do. But I sincerely am surprised, given the amount of outreach that we did throughout the Housing Element process, and we were not solely talking about downtown that whole time. I can understand how that might have taken up a lot of air in the room, but we also had meetings, for instance, with the Downtown Subcommittee, where we discussed specifically about the church sites. The Downtown Planning & Housing Element Subcommittee, a subcommittee of 2 Council members. It was a public meeting that was publicly noticed. And had some attendance. There are many things that we can do to help enhance future notification regarding these rezonings and the rezonings downtown. But, I think, as far as the mailing notice goes, the best policy is to is to stick to the letter of the law.
Vice Chair Hubner: There are subtleties to the notice requirements that that I'm not going to be able to describe specifically. But the fact that the zoning is affecting individual sites is the beginning point for the notice to be given. And that radius will involve the 300-foot radius around those sites that are being proposed to be rezoned.
Planning Director Buckley: Correct, it is around the sites.
Vice Chair Hubner: The process of the downtown plan, the whole Plan Orinda, has been a citywide notification process. I can't help but reiterate that. So yes, I understand people are catching up with this as apparent by the attendance.
Planning Director Buckley: We did send a postcard to the entire city when the Housing Element draft was released. I think in some ways the more targeted notices get more attention, as you can see.
Vice Chair Hubner: I'd like to also address some specific questions that that I think that we can answer here tonight. There was a specific question about who prepared the sites or who proposed the sites. That was a long process involving community efforts, outreach by staff to sites, including just literally calling property owners of record, and talking with the church sites, talking with sites that were considered and not considered feasible. But there was an outreach by staff and by this Commission. I won't name names because I don't think it's relevant. But the staff reached out to many, many sites, and those sites were the subject of several discussions, including Subcommittees, joint meetings between the Planning Commission and the City Council members. There have been numerous traffic studies. I can’t quote you chapter and verse right here. But did it do address the issue of the impact of these sites on the traffic on Moraga Way, and having grown up in this town, I know that Moraga Way is a very congested street. I know that individual development here and there along Moraga Way will have some impact, but I think the EIRs have addressed those concerns, and the traffic studies which are part of that EIR process, addressed those concerns. They are published and all those documents are available. Staff has in the presentation this evening identified where all of those documents are posted and available for public to access. I can't remember which slide it is, but all you have to do is call city staff.
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Packet Pg. 111 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 17 of 21 12.12.2023 Planning Director Buckley: Planorinda.com
Vice Chair Hubner: Planorinda.com is where all of this is available. If you would be so kind as to look at that and read it and comprehend it. That would be where you would find this information and this this concern would be allayed.
Vice Chair Hubner: Drummond, perhaps you could better explain some of these issues of the EIR and traffic.
Planning Director Buckley: By state law for the Housing Element, as well as the rest of Plan Orinda, the City Council had to certify an EIR, which they did at the same time that they adopted the Plan Orinda components on January 31st of this year. That EIR is a public document. All EIRs go through two phases. First, is your Draft EIR. You circulate your Draft EIR, you get public comment on that, and then you prepare your Final EIR which is comprised of the responses to the public comments on the Draft EIR and it's the Final EIR that was certified. Both of those documents are readily available on the Plan Orinda website in addition to appendices.
It is true that by state law, CEQA does not use Level of Service anymore. It uses VMT. That's state law. That is not a choice for the City. The State of California requires us to analyze traffic impacts based on VMT, Vehicle Miles Traveled. It's a totally different way of measuring traffic impacts than we used to do. We even had a special session at one point during this process, where one of the consultants who was working on that part of the project did a presentation to explain how VMT works. There were two years of work that we put into all of this stuff, it's hard to try to encapsulate everything in one meeting. I can appreciate if someone is only learning about this or finding out about this right now why they might want more time, because there is a lot of stuff to look at and consider. So, I can sympathize with that.
Vice Chair Hubner: I'd like to try to address some of the questions. I don't think this body can answer the questions about who owns St. Mark's and who operates St. Mark's at this time.
Planning Director Buckley: I can speak to that because we've been trying to find out what entity owns St Mark's for a while because we continue to try to reach out to the property owners of the properties that are being rezoned. For St. Mark's, it's our understanding, talking with Pastor Valentine, because he has the church next door and took over the Montessori school students, as well as our City Manager, who's also been working on this very question, that when this church closed, it went to a regional authority that's called the Western Conference, or the Eastern Conference of something. Maybe Pastor Valentine can speak to that if you if you don't mind.
Commissioner Parnigoni: Would the public hearing have to be reopened? Planning Director Buckley: Yes.
Vice Chair Hubner: Is the Commission amenable to opening it up to the public? Planning Director Buckley: Here's the dilemma that that we have. If we open up the public comment again, then we have to take public comment from everyone who wants to speak. So, it's up to the Commission. Maybe this gets back to the question of whether you're making a decision tonight. If you're not making a decision tonight, maybe you should think about that right now, because we can get back to you with answers to a lot of the questions.
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Packet Pg. 112 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 18 of 21 12.12.2023 Commissioner Lee: It's not that I don't want to hear back from the public comment. I think just my observations on hearing everyone's input, I don't think that the Commission is in a position to make a decision or make a recommendation to the City Council. We are volunteers. We're trying to do what's right. We're trying to understand what our obligations are as a city to the State. But it's clear to me that as much as the city has done a lot of outreach over the last couple of years, and, bring people up to speed on our progress, it's clear that there's still work to be done in terms of providing more background. I know a lot of questions, and references to other sites were made. There is a story and information behind those sites as to why they are not considered. We know that we don't urgently need to make a decision this evening, and so respectfully, I don't think we should open it back up. I think clearly we have a long list of items that we should bring back to the public. I'm completely respectful of not wanting to favor this project over others for the 300-feet radius but I do believe that this is a very unique project.
These are my neighbors. I do live in South Orinda. For any development that happens anywhere in the city, I want it to be something that the whole community can support and be behind and be well informed of. So, respectfully, my motion is that we don't move forward with public comment or making a recommendation this evening.
Commissioner Fay: I’ll second it.
Commissioner Jelinek: I would agree with Commissioner Lee. I thank the public for all the comments. Unfortunately, I haven't been as involved in the downtown planning development process. But to Commissioner Lee's point, there's a lot of concern like Moraga Way is clearly at capacity. There's a ton of traffic issues. It's unfortunate the State has mandated this many housing units on the City of Orinda when we are already experiencing a lot of congestion, a lot of traffic, a lot of different problems across the community. And I don't think it's fair to the community to put together an action to support this when there's this much concern. And there's other options and things that we can look at and continue to discuss, in addition to the fact that we have multiple years to rezone these properties. So, I'm struggling to understand what the push is to rezone immediately when we have time to think it through.
Planning Director Buckley: So, even if the Commission is going to continue the item, it would be helpful to have some discussion, so that we have a checklist of things to follow up on other than just listening to the public comment. We did take notes. We can watch the tape, but it would be helpful to hear from the Commissioners about which of those issues resonate with you, and you would like us to come back to you with more information about. I'll give you an example of one of the things that we spent a lot of time on when we, when we were going through this process.
That is, what does density look like? We did some presentations about it with the Planning Commission. We use the word high-density, and I think folks here high-density and think of like San Francisco densities. But 20 to 25 units to the acre is townhome development, that is town home development density. I'm talking about what the density looks like. We have a body of knowledge that we can tap into, because we did go through all of these things in the past. So to the extent that you have some things that you would like us to come back to you with and focus on, that should be something that we can help with given all that we've done on this project.
Vice Chair Hubner: I heard one specific item regarding density, suggested from Drummond.
Commissioner Fay: One of the things I wanted to know, because we're required to have 1,359 units, which just the number alone, you have to laugh that they can't even round it up, but if you didn't have these parcels, would you be able to fulfill the mandate from the State. I know you're doing something with downtown.
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Packet Pg. 113 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 19 of 21 12.12.2023 Planning Director Buckley: So that raises a different question, which is, what is the process of amending a Housing Element that is already certified by HCD. And I do not know the answer to that question. I would need to get back to you with the answer to that question. Further, I would also say that the reason that the City has the luxury of 3 years is because we have a certified Housing Element. We are one of only 13 agencies in the Bay Area that gets that luxury. There's 109 agencies in the Bay Area. Only 13 of them get 3 years to do their rezoning. There are many communities that do not even have an adopted Housing Element at this very moment, maybe half of the agencies within the Bay Area. And they are still under the gun to have the rezoning done by March of next year, and they don't even have a Housing Element. I know that there's a lot of raw emotion in the room right now, but the Housing Element that that the City Council adopted, that the Planning Commission considered, and that the community participated in, in my estimation is something to be proud of. Speaking to the issue of not putting everything in one place, that gets back to the Affirmatively Furthering Fair Housing issue. One of the reasons that the City of Orinda got a certified Housing Element when it did by HCD, one of the few agencies that that did it by the deadline, is because we met the criteria for affirmatively furthering fair housing. If you look at the Housing Element, it has like 45 pages about this issue, with probably 15 maps that go into great detail about the composition of Orinda and the historical patterns of discrimination or economic inequality. After going through all of that, it was determined that the plan that we came up with meets fair housing law. Basically, you don't want to put all of the low-income people in once one area of the town. According to HCD, we are not.
That's my point.
Commissioner Armstrong: I echo the sentiments of some of my fellow Commissioners. The notice, it's a troubling issue for me because I do think that this is just a unique set of facts, and I think that the community should have better and more effective notice to come and to address their concerns. I'm really impressed with the turnout, and I really hear the emotion in this room. I think that this Commission shouldn't act at this time. given these really significant issues, traffic, safety, the density issue, exploring other alternatives. There's some transparency that the audience, and the greater community, wants to see to better enable us to decide what we need to do. What were the other alternatives? Drummond, can you speak to maybe some of those other alternatives. Are there any other alternatives that we can consider for these 1,300 units.
Planning Director Buckley: Well, but that gets back to the question. The first question is what is the process of making amendments to the certified Housing Element that we have. We can get back to you on that question. The City Council adopted a Housing Element which commits to certain things, including the rezonings that are on the agenda tonight.
Vice Chair Hubner: My feeling at this point is that I think the issues that raised tonight primarily revolve around access, traffic and impact, that the development in this part of the town would have on the traffic and impact to those neighborhoods. And I think it would be helpful to have this decision deferred with a presentation by staff more clearly defining the look and feel of the density proposed, the traffic studies that have been done and the validation that could be brought forward specifically to address the concerns, to try and help the community understand that, in fact, those concerns have been addressed in the previous study. Some sort of graphic or numerical way to address the Moraga Way and those immediately adjacent streets that are being impacted that are probably in the documentation, but would be helpful to be brought forth to the public at a follow-up meeting on this specific set of plans. And in addition that the presentation, address, albeit not for consideration at that meeting, but give a little broader perspective on the citywide impact of Plan Orinda. There was one slide, but it was kind of at the last minute, that would help describe project in total and then subset, that the decision is being asked to be made on. I'm not proposing to undo certain parts of the Housing Element, but I think H.2.c
Packet Pg. 114 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 20 of 21 12.12.2023 we need to address what we have approved, what the City Council has approved, and clarify, that, in fact, why that is the background of what this plan is. Thus, traffic has been validated, the Safety Element that you briefly mentioned in your presentation could highlight the studies that have been done to show that, in fact. the safety is maintained by virtue of this housing, this decision process. We could come back for a follow-up meeting with those as being the background to help identify and help us make a final decision on this process.
Planning Director Buckley: The motion should be that you're continuing to a date uncertain date.
Vice Chair Hubner: To a date uncertain. That’s correct. And that the presentation of this rezoning process be backed up with some graphics that support the decision making that went into the selection of these sites and what impact has been addressed and to explain to public at a follow-up meeting and to the Commission to better support our ability to make that decision.
Commissioner Jelinek: I'll add that it would also be helpful to understand if the rezoning can be rezoned at a lower density and still meet the requirement for the Housing Act, or if we have to have that specific zoning that you've suggested to meet the requirements.
Planning Director Buckley: So that's that gets into the question of a buffer. If HCD had accepted the Caltrans site, we would have had a buffer of 200 units. We do not get to use the Caltrans site as we mentioned in the presentation. HCD would not let us do that, so that put our buffer down to like 6 units, so there is not a capacity to down zone. I don’t know the process of amending a Housing Element that was just adopted that the city committed to. We are happy to get back to you about that, but I cannot answer that right now.
Vice Chair Hubner: My motion to continue to a later date would at least request that process be elucidated into the discussion.
Commissioner Parnigoni: I would second.
Vice Chair Hubner: Does that give you clarity on the motion? Planning Director Buckley: Sure, but you're not taking action. You're continuing to a date uncertain, and you're giving us some guidance as to what kind of issues you would like to see covered. And we'll take that into consideration. We'll watch the meeting and get detailed minutes and we'll try to cover as many issues as we can. And if people would like to be notified electronically, I think the best thing to suggest at this point is to go to the Plan Orinda website, planorinda.com and there is a there's a contact us page. You just sign up and you will be on our email blasts. And we can let you know about future meetings, and please share it with anyone else who you think might be interested.
Commissioner Jelinek: Just one other thing to add. It would be good to understand when they reject something like the Caltrans site, if we have the option to submit another property for that buffer, or what the rules are.
Planning Director Buckley: It was rejected at the very end of the process, right before the Housing Element got certified. So, we didn't have time to wait. If we had, if we had pushed it off, we’d be looking at a two month deadline to do the rezoning.
Commissioner Jelinek: No, understood. It was just more if there's an opportunity now with that being rejected.
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Packet Pg. 115 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Planning Commission (PC) Minutes Page 21 of 21 12.12.2023 Planning Director Buckley: That's a good question. We can try to answer that.
ACTION. Vice Chair Hubner made a motion to continue the agenda item to a date uncertain. The motion was seconded by Commissioner Parnigoni and the motion carried by unanimous (6-0-1) vote.
Ayes: Armstrong, Fay, Jelinek, Lee, Parnigoni, and Hubner Noes: None
Abstain: None
Absent: Mautner
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Packet Pg. 116 Attachment: December 12, 2023 - Planning Commission Draft Meeting Minutes Excerpt (3266 : Update on Plan Orinda Initiative - Downtown Plan Orinda FAQs – 01/2024 1
PLAN ORINDA
Frequently Asked Questions (FAQs)
1. What is Plan Orinda?
Plan Orinda was a three-year long citywide planning effort that includes the Downtown Precise Plan, 6th Cycle Housing Element Update, and Safety Element Update. The Housing Element and Safety Element are two required elements of the City’s General Plan (blueprint for the community’s long-term vision for the future). The Housing Element must be updated every eight years, and the Safety Element must be updated concurrently with the Housing Element.
2. What is the current status of Plan Orinda?
On January 31, 2023, the City Council adopted the Plan Orinda project. Staff is currently working on implementation of Plan Orinda. This includes a variety of actions, such as working on economic development downtown and implementing the goals, policies, and actions of the Housing Element.
3. Who makes decisions regarding Plan Orinda?
The City Council is the deciding body for plan adoption, general plan and zoning amendments, and other important actions. The Downtown Planning & Housing Element Subcommittee (made up of two City Councilmembers) and the Planning Commission make recommendations to the City Council as appropriate. The California Department of Housing and Community Development (HCD) reviews and certifies Housing Elements.
4. How can I learn more about Plan Orinda?
Visit the Plan Orinda website at https://www.planorinda.com/. The Plan Orinda website includes more information about each component of Plan Orinda, all draft and final documents, all documents associated with all public meetings, and an email notification sign-up.
5. Where can I see the past meetings that have occurred? Visit the calendar page on the Plan Orinda website at
https://www.planorinda.com/calendar. Under “Past Meetings”, you will find a page for every meeting that has occurred regarding Plan Orinda. On each meeting page, you will find the meeting agenda, staff report, meeting recording, and other relevant documents.
6. How can I receive notifications about upcoming Plan Orinda decisions? Visit the Get Involved page on the Plan Orinda website at https://www.planorinda.com/involve. Sign up for the email notification list to receive emails as upcoming meetings and events are scheduled.
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7. Have the Plan Orinda approvals been subjected to a legal challenge? An organization named Orindans for Safe Emergency Evacuation (OSEE) has challenged the City’s Plan Orinda approvals and the Environmental Impact Report as prepared under the California Environmental Quality Act (CEQA). That action has been filed in the Contra Costa Superior Court as Case No. N23-0579. The City is defending against the lawsuit and the City’s response brief, which can be viewed here, provides an overview on the matter.
Housing Element
8. What is the Housing Element?
The Housing Element is a required chapter of the City’s General Plan. It is a plan for how the City will meet the housing needs of the community. Every city and county in California must update their Housing Element every 8 years, referred to as “cycles”. Housing Elements must be reviewed and certified by the California Department of Housing and Community Development (HCD).
9. What is RHNA?
Regional Housing Needs Allocation (RHNA) is the number of new housing units that the Housing Element must plan for.
10. How is RHNA determined?
The state (HCD) determines how many housing units each region in California must plan for. HCD assigned 441,176 units to the Association of Bay Area Governments (ABAG) region that governs the Bay Area. ABAG then allocated a share of the 441,176 units to each city and county in the Bay Area. You can learn more about the methodology that ABAG used to assign RHNA units to each Bay Area jurisdiction by reviewing the Final RHNA Methodology Report.
11. What is Orinda’s RHNA?
Orinda was assigned 1,359 housing units that it must plan for in the 6th Cycle Housing Element, distributed between four income categories:
Income Category Unit Allocation
Very Low 372
Low 215
Moderate 215
Above Moderate 559
Total 1,359
12.What is the 6th Cycle Housing Element?
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The 6th Cycle Housing Element is the current Housing Element cycle that plans for the period of 2023 to 2031. The prior 5th Cycle Housing Element planned for the period of 2015 to 2023.
13.What was the Housing Element timeline?
Staff began work on the Housing Element in early 2021. The first meeting with the City Council was held on February 16, 2021 to provide an overview of Housing Element law and Housing Element requirements. Over 15 meetings were held with the City Council, Planning Commission, and Downtown Planning & Housing Element Subcommittee to discuss various aspects of the Housing Element. The first draft Housing Element was released in April 2022. Multiple drafts were released between April 2022 to January 2023. The final Housing Element was recommended for adoption by the Planning Commission on January 18, 2023 and adopted by the City Council on January 31, 2023. Following adoption, the Housing Element was submitted to HCD and was found to be in full compliance with Housing Element law on March 30, 2023. All past meetings and draft documents can be viewed on the Plan Orinda website at https://www.planorinda.com/.
14.Is there a deadline?
The 6th Cycle Housing Element adoption deadline was January 31, 2023. The City met that deadline. Within the Housing Element, there are 33 implementing actions that must be completed throughout the planning period. These implementing actions include a range of items, including outreach, fair housing, rezoning (see FAQ #24), and more. Each implementing action has a deadline and every year by April 1st, the City must report to HCD its progress in the prior calendar year toward meeting all implementing actions by the deadlines.
15.Who approves the Housing Element?
The City Council must adopt the Housing Element. Following adoption, the Housing Element must then be submitted to HCD for review and certification.
16.What is a certified Housing Element?
When a Housing Element is reviewed by HCD and determined to be in full compliance with housing law, the Housing Element is deemed certified. The City’s Housing Element was certified by HCD.
17. What are the consequences of not having a certified, adopted Housing Element? There are a number of consequences if a jurisdiction does not have an adopted and certified Housing Element, such as litigation, loss of local land use authority, inability to apply for state/local grants and funding opportunities, enforcement by HCD for not having a certified Housing Element, etc.
18.What is the current status of the Housing Element?
The Housing Element was adopted by the City Council on January 31, 2023.
Following adoption of the Housing Element, it was submitted to HCD for a 60-day H.2.d
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review period. On March 30, 2023, HCD found the adopted Housing Element to be in full compliance with state housing element law and the adopted Housing Element was certified.
Housing Element - Sites
19.What is the sites inventory?
The sites inventory is a required section of the Housing Element that must contain an inventory of land suitable for residential development. In other words, the sites inventory must identify sites available for housing development to accommodate a total of 1,359 units.
20. What is the sites inventory process?
The sites inventory is a multi-step process that includes identifying sites, performing capacity analysis, determining adequate sites, and more. The City and the consultant team identified existing and potential sites that could accommodate housing units.
21.What is the criteria for a site to be included in the sites inventory? HCD has a Sites Inventory Guidebook that provides guidance on the criteria for a site to be included in the sites inventory. Some of the criteria include:
● For sites identified for low- and very-low income, the zoning must allow for at least 20 dwelling units per acre for Orinda, referred to as the default density. ● For sites smaller than 0.5 acres, the parcel is considered inadequate to accommodate housing affordable to lower income households, unless the Housing Element demonstrates that the development of housing for lower income households is realistic or feasible.
● For sites larger than 10 acres, it is considered inadequate to accommodate housing affordable to lower income households, unless the Housing Element demonstrates that the development of housing for lower income households is realistic or feasible.
● For nonvacant sites, the Housing Element must describe the realistic development potential within the planning period. Specifically, the analysis must consider the extent that the nonvacant site’s existing use impedes additional residential development, past experience converting existing uses to higher density residential development, market trends and conditions, and regulatory or other incentives or standards that encourage additional housing development.
22. What is AFFH?
Affirmatively Furthering Fair Housing (AFFH) is a new requirement for the 6th Cycle Housing Element, pursuant to AB 686. It requires the Housing Element to H.2.d
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include an analysis of fair housing issues, including racially or ethnically concentrated areas of poverty, disparities in access to opportunity, disproportionate housing needs, and more. The sites identified in the Housing Element must be dispersed throughout the community in a manner that is consistent with affirmatively furthering fair housing. For instance, all the units cannot be concentrated on one site or in one area.
23. What sites are included in the sites inventory?
The adopted Housing Element is made up of the following sites in order to accommodate 1,359 housing units.
● Existing Capacity - 623 units
The existing capacity are sites that currently allow for residential development. ○ Vacant residential sites
○ ADU projections - an estimated number of ADUs that will be constructed during the planning period based on an average of the number of ADUs constructed in the past few years.
○ Santa Maria church site - a vacant portion of the Santa Maria church site was rezoned for the 5th Cycle Housing Element and can continue to be used in the 6th Cycle Housing Element.
● Approved Projects - 90 units
These are approved projects that will be constructed during the planning period. ○ Wilder CountryHouse Memory Care Project
○ Vista Verde Senior Housing Project
● Sites to be Rezoned
These are sites that will be rezoned. These sites currently do not allow residential development or do not allow residential development at the necessary densities. ○ Downtown Sites - 421 units
○ Opportunity Sites (a portion of the sites) - 286 units ■ Holy Shepherd Lutheran Church
■ St. Marks March
■ St. John Church
■ Miramonte High School
■ Caltrans Gateway - 200 units (not counted by HCD – see FAQ #32)
24. What is rezoning?
Each parcel in Orinda is located within a zoning district which regulates the uses and development standards that can occur within the zone. When a change to the existing zoning district on one or more parcels is proposed, it is referred to as a “rezoning”. The Housing Element identifies a number of parcels for rezoning within downtown and on the opportunity sites. Those sites do not currently allow for H.2.d
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residential development or do not allow residential development at the necessary densities.
25. Is there a deadline for the rezonings?
The City has 3 years and 120 days from January 31, 2023 to complete all rezonings for the downtown sites and the opportunity sites (i.e., by May 31, 2026). The City has a 3 year and 120 day deadline because the Housing Element was adopted prior to the January 31, 2023 deadline. If the Housing Element was not adopted prior to the deadline, the City would have had only one year to complete all rezonings (i.e., by 2024).
26. What are the opportunity sites?
The opportunity sites are the five sites located outside of downtown Orinda that are to be rezoned. A portion of each site is proposed to be rezoned for the Housing Element. Existing uses and structures on the opportunity sites would not be impacted by the rezonings.
27. Can the opportunity sites be rezoned for a lower density? No. Because the sites are designated for low-income, HCD requires that the sites be zoned for a minimum of 20 dwelling units per acre in Orinda.
28. Are the opportunity sites considered alternative sites? No, the opportunity sites are not alternative sites. All sites listed under FAQ #23, including the opportunity sites, are needed to implement the Housing Element and meet the 1,359 unit capacity that is required for Orinda.
29. How many units are proposed downtown?
A total of 421 units downtown are being counted in the Housing Element.
30. Why weren’t more units proposed downtown?
The City originally proposed more sites downtown during the first draft of the Housing Element. After the first draft of the Housing Element was reviewed by HCD, it was determined that more evidence needed to be provided to demonstrate the realistic development potential of the sites (see FAQ #21). As a result, only sites where a strong justification of realistic development potential could be made were kept in the sites inventory.
31.Which downtown sites are included in the Housing Element? See Table 5-5A and Figure 5-3 in the Housing Element for all the downtown sites.
A total of 26 sites downtown are in the sites inventory, including the old Phair’s building, the prior Bank of America building, Country Club Plaza, Pine Grove Business Center, and more.
32. Why isn’t the Caltrans Gateway site counted in the Housing Element? While the Caltrans Gateway site was included in the draft Housing Element, the site was ultimately not accepted by HCD. After the first draft was submitted to HCD for review, HCD provided comments to the City that further evidence needed H.2.d
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to be provided that Caltrans would dispose of the site within the planning period.
After the second draft was provided to HCD with the further evidence, HCD stated that the City still needed to provide further evidence from Caltrans that the site would be available for development within the planning period and demonstrate that the site would be decertified within two years of the start of the planning period. Following conversations with HCD after the adopted Housing Element was submitted for final review, it was determined that the Housing Element would only be certified if the Caltrans Gateway site was not counted in the Housing Element.
While the Housing Element was certified as a result of not counting the Caltrans Gateway site, the City is still required to rezone the site for housing per Housing Element Action 1.C.
33. Why aren’t the BART parking lots a site in the Housing Element? The City Council considered the BART parking lots as a potential site, but ultimately decided not to include it as a site for the 6th Cycle Housing Element due to a number of challenges, including:
● The BART Transit Oriented Development (TOD) work plan identifies the Orinda station in the mid-term phasing schedule with an estimated timeframe of 2025-2030. Challenges with ownership and other constraints would likely not result in housing development during the planning period. ● The parking lots are owned by Caltrans and subject to BART easement ● BART Technical Guide to AB 2923 identifies the Orinda BART station as a Neighborhood/Town Center station with a baseline zoning of 75 du/ac and 5 stories. While AB 2923 does not apply to Orinda because BART doesn’t own the station, it would be unlikely to accept a density and building height below the baseline zoning.
● It is assumed that BART would require both parking lots to be developed together as one project.
● Development would result in a loss of parking spaces. BART is currently prioritizing sites where replacement parking is minimized.
Staff continues to coordinate with BART and Caltrans with a goal of the BART parking lot sites being available for the 7th Cycle Housing Element.
34. Has the City assessed evacuation-related issues as it plans for new housing to meet State mandates?
As part of Plan Orinda, the City undertook an AB 747 Evacuation Analysis, which at the time was the State’s guidance regarding evacuations. That Analysis informed and was used as part of the Plan Orinda Environmental Impact Report.
The Evacuation Analysis can be found on the Plan Orinda website https://www.planorinda.com/safety-element. The City actively engages on evacuation-related matters on a daily basis. The City has shared information with the community on evacuations, including an article in the Fall 2023 issue of The H.2.d
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Orinda Way quarterly newsletter, delivered to each home. Other evacuation related outreach and projects have been done and are underway, including those identified in the updated Safety Element.
The City of Orinda has:
• Implemented red flag day parking restrictions in the El Toyonal area; • Undertaken an AB 747 evacuation analysis which met State requirements early in order to inform the City’s Safety and Housing Element Update; • Updated the City’s Safety Element which includes designation of evacuation routes and identified future evacuation related improvements and actions; • Produced and distributed an Evacuation Guide to all residents; • Implemented a contraflow lane system on Miner Road to facilitate evacuations;
• Implemented red flag day parking restrictions in the Miner Road area; • Participated in virtual and actual Evacuation Exercises with the Moraga-Orinda Fire District (MOFD);
• Undertaken a Miner Road Contra Flow Activation Exercise.
The City of Orinda will be:
• Taking the lead in implementing a grant funded Signal Synchronization System for Orinda, Moraga and Lafayette which will also be useable for evacuations;
• Developing a Moraga Way Contra Flow system in conjunction with the Town of Moraga;
• Undertaking joint evacuation planning with the Town of Moraga, the City of Lafayette, and the City of Orinda with this effort now being expanded to a Contra Costa Transportation Authority led effort for a grant funded countywide evacuation modeling and planning;
• Engaging with Caltrans on a design for evacuation related modifications to the access points for Highway 24;
• Conducting future virtual and actual Evacuation Exercises with MOFD; • Coordinating with BART on their role in evacuations;
• Implementing other Safety Element work programs and projects related to evacuation.
California Environmental Quality Act (CEQA)
35. What is CEQA?
The California Environmental Quality Act (CEQA) requires public agencies to consider environmental impacts of a project before making a decision on a discretionary project or action. CEQA is intended to inform decision makers and H.2.d
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the public regarding potential environmental impacts and to prevent significant, avoidable environmental damage.
36. What is an Environmental Impact Report?
An Environmental Impact Report (EIR) is prepared when it is determined that a project or activity may have a significant effect on the environment. The EIR is an informational document that informs the decision makers and public of the significant environmental effects of a project, identify possible ways to mitigate the significant impacts, and describe reasonable alternatives to the project.
There are a variety of EIR types depending on the project or activity being evaluated. A Program EIR is prepared when a plan or project has multiple components that are related geographically, through applications of rules or regulations, or as logical parts of a long-term plan. A Program EIR was prepared for the Plan Orinda project.
37. What environmental impacts did the Plan Orinda EIR analyze? The Plan Orinda EIR analyzed the following environmental impacts: aesthetics, air quality and greenhouse gas emissions, biological resources, cultural resources, geology and soils, hazards and hazardous materials, land use and planning, noise, population and housing, public services and recreation, transportation, tribal cultural resources, utilities and service systems, wildfire, and effects found not to be significant.
38. Where can I read the Plan Orinda EIR?
You can find the Draft EIR and Final EIR on the Plan Orinda website at https://www.planorinda.com/ceqa.
39. How did the Plan Orinda EIR analyze evacuation?
The EIR concluded that development anticipated by Plan Orinda was consistent with state and local emergency response and evacuation plans and regulations.
Moreover, the EIR notes that, as part of Plan Orinda’s Safety Element update, the City is taking additional steps to improve emergency evacuation and response.
However, because Orinda is subject to wildfires and existing evacuation conditions are constrained, the EIR took a conservative approach and concluded that adding new development to an already constrained system would have a significant and unavoidable impact on emergency evacuation and response. 1728539.1
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