Agenda packet — Orinda City Council, January 23, 2024 (part 1 of 2)

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CITY COUNCIL
AGENDA
Tuesday, January 23, 2024
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 01.23.24
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.

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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:
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REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Mayor Darlene Gee, Vice Mayor Latika Malkani
B. PLEDGE OF ALLEGIANCE
City Council
Agenda Page 2 01.23.24
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of Interim Planning Director Robert Reber D.2. Introduction of New Businesses: Saint Anthony’s, Silver Fox Barber Co, Boo Loo Lounge
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. January 9, 2024 Regular Meeting
F.2. Adoption of Ordinances relating to the Development and PreAnnexation Agreement and the Final Development Plan Amendment for the Wilder Project in Gateway Valley
Recommendation:

Adopt Ordinance No. 24-01, waiving second reading, An Ordinance approving the Ninth Amendment to the Development and Pre-Annexation Agreement for the Wilder Project in Gateway Valley and Adopt Ordinance No. 24-02, amending the Gateway Valley (Wilder) Final Development Plan to Clarify the Application of Zoning Standards to the Property F.3. Approve list of streets for the Annual 2024 Pavement Rehabilitation Project and approve $200,000 Road Project Funding Nomination to California Transportation Commission (CTC) for 2024 SB 1 Local Partnership Program formulaic funds for the 2024 Annual Pavement Rehabilitation Project No. 4178.

Recommendation:

City Council
Agenda Page 3 01.23.24
Staff recommends the Council approve the list of streets for the Annual 2024 Pavement Rehabilitation Project; and authorize the City Manager to execute and submit the Funding Nomination packet to the California Transportation Commission (CTC)
F.4. City Council Committee Appointment/Liaison List for 2024 Recommendation:

Confirm Mayor Gee's recommended nominations for the City Council Committee Appointment / Liaisons for 2024.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Proposed Solid Waste Rate Adjustments for Orinda Residential and Commercial Customers for March 1, 2024 to February 28, 2025 Recommendation:

Staff recommends that the City Council review, discuss, and receive public input on the proposed solid waste rate adjustments. The input will be provided to Orinda Board Members on the RecycleSmart JPA (Councilmember Miller and Councilmeber Riley), for the JPA consideration of rate adjustments to be effective March 1, 2024. As proposed the adjustment is a 4.8% increase, including an increase in the vehicle impact/street maintenance component levied as a regulatory fee. The increase is based on container size and for most residential customers it is estimated to increase monthly garbage rates by an additional $2.50 - $2.85 per month.

H.2. Red Flad Days Parking Restrictions and Evacuation Route Update Recommendation:

Receive Report, Discuss, and Provide Direction, if any.

H.3. Emergency Communication and Outreach Update Including Report on Siren Systems
Recommendation:

Receive Report, Discuss, and Provide Direction, if Any.

H.4. Legislative Advocacy Approach Options
Recommendation:

Receive Report, Discuss, and provide Direction, if any.

H.5. City Manager Recruitment Services
Recommendation:

Form a City Council Ad Hoc Committee of two (2) Members to review Executive Search Proposals and make a recommendation to the Council as to which firm to retain, or any alternative course which may be determined by the Council.

City Council
Agenda Page 4 01.23.24
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. PUBLIC COMMENTS of Closed Session Matters

3. CLOSED SESSION

4. REPORT OUT OF CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: Rains, et al v. City of Orinda (Contra Costa Superior Court Case No. C20-01893).

B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (1 potential case).

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

N23-0579.

M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, February 06, 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 Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are City Council
Agenda Page 5 01.23.24
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. January 9, 2024 Regular Meeting
ATTACHMENTS:

A. City Council Minutes of January 9, 2024
Respectfully Submitted by:

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

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Orinda City Council Minutes Page 1 of 23 01.09.24
JANUARY 9, 2024

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

COUNCILMEMBERS PRESENT: Brandyn Iverson, Inga Miller, Janet Riley Mayor Darlene Gee
COUNCILMEMBERS ABSENT: Vice Mayor Latika Malkani
B. PLEDGE OF ALLEGIANCE – Led by Mayor Gee.

C. ADOPTION OF AGENDA
There were no changes to the agenda.

MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to adopt the agenda. Said motion carried by unanimous (4-0) roll call vote.

E. PUBLIC FORUM
Nick Waranoff spoke about his request for a report from the City Manager about a test of the counterflow process on Miner Road.

City Manager Biggs stated the exercise was done just before close of the winter break and a debriefing will be done which will result in generation of a report.

Councilmember Iverson commented that she is very interested in a debriefing and report this because the City has discussed mitigation and fire evacuation measures. She asked not to just report on lessons learned but contraflow, what are the aims, how they were done, and what the City is doing or what will be done.

F. CONSENT CALENDAR
Mayor Gee asked and confirmed no Councilmembers wished to remove an item and that a member of the public has requested removal of Item F.2 from the Consent Calendar.

F.1. City Council Minutes
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Recommendation:

Approve City Council Minutes:

1. December 19, 2023 Closed Session

2. December 19, 2023 Regular Meeting
MOTION by Councilmember Riley, and seconded by Councilmember Iverson, to approve Consent Calendar Items F.1.1 and F.1.2. Said motion carried by unanimous (4-0) roll call vote.

Item Removed from the Consent Calendar:

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
Assistant City Manager/Administrative Services Director Doug Alessio provided an overview of the 2023 Annual Report of Development Impact Fee funds under the requirement of AB1600 to be conducted every 5 years, and this occurred last year.

Councilmember Miller referred to the Park Dedication fee on page 17 of the packet. She asked why the fee for condominiums and multi-family is larger than it is for the attached single-family or townhouse. She also asked if the Drainage Impact fee’s purpose is related to adding impervious surfaces and asked what is assessed as part of this.

City Manager Biggs stated the fee is likely contained in the original nexus study calculation. Often a condominium development does not provide any common area/open space whereas an attached community might. Regarding the drainage fee, it is only based on new development. If someone is adding square footage or improvements, the City likely looks at it at that time. It would also describe what improvements could be funded with that fee and looks at the portion of the public system to accommodate the additional discharge.

Councilmember Miller referred to transportation and concerns about fire evacuation. She asked if they review the next nexus study and whether fire evacuation would be reviewed. City Manager Biggs said this is a fee not levied directly by the City but rather levied through the Southwest Planning Area of the CCTA program which funds some of the subregional improvements. These are items staff can return to the Council to clarify.

Mr. Alessio added that these are great questions and these usually occur when the Council is asked to adopt the Fee Schedule.

Mayor Gee opened the Public Forum.

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Nick Waranoff said he submitted a written comment on this, and he agreed the amount of impact fees is something different than the annual report before the Council. He referred to the many housing fees where cities are covering previously reimbursed fees from the State as unfunded mandates. He urged the Council to think about considering impact fees when updating the nexus study and maximizing impact fees.

Councilmember Iverson asked and confirmed that staff can provide a high level review of impact fees first and then decide to update the nexus study when doing the mid-cycle budget update in June in FY 2024-25.

MOTION by Councilmember Riley, and seconded by Councilmember Miller, to approve Consent Calendar Item F.2. Said motion carried by unanimous (4-0) roll call vote.

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:
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.

City Manager Biggs gave the staff report and background of the 9th amendment to the Development Agreement for the Wilder Project in Gateway Valley which is to close the developer’s obligations as they relate to internal subdivision improvements, with the State being the entity that must ensure the areas are ready to be conveyed consistent with the State and regional agency entitlements. The developer submitted revised plans and the City is engaging with the State, with the goal to convey the improvements to three public entities so the transaction meets its full intent.

He spoke about the negotiated exit for the developer for the project and internal subdivision improvements, completion of a list of outstanding improvements, recordation of grant deeds on property now owned by the City’s GHAD, completion of slope stabilization issues and repair, the City leaving the obligation with EBRPD to complete the Red Hawk Staging Area, remaining areas they plan to close out to get certain parcels into the GHAD, acknowledging assignment of the shuttle to the existing CC&Rs with the HOA, modification of the development plan for consistency, reducing the insurance requirement for the developer from $7 million to $1 million on the basis of internal improvements being done at the end of active construction activity, and annual monitoring until the Development Agreements expiration in 2035.

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Councilmember Miller asked for information on the shuttle as a mitigation for traffic.

Planning Director Drummond Buckley said this is not part of the CEQA mitigation.

Councilmember Miller asked if the shuttle would still potentially run as part of the CC&Rs, and Mr. Biggs said staff does not believe it has anything to do with the Development Agreement amendment because the HOA is not party to the DA. The developer assigned the shuttle to the CC&Rs and there is a process whereby the CC&Rs can be amended with the City’s consent, which can be taken up later by the HOA.

Councilmember Miller referred to Section 2.1 which will be drastically reduced as part of this amendment on page 28 of the packet. She asked why this was originally included in the DA. Mr. Biggs stated it would have been a negotiated consideration with the developer in exchange for permitting development of the community.

Mr. Buckley added that he thinks one of the driving factors at the time was adequacy of parking at the BART parking lot. At the time, there was a very successful shuttle operating out of Orinda Woods and this was before there were residents in Wilder, so this factor also came into play.

Councilmember Miller said she would assume the City cannot enforce the CC&Rs.

City Attorney Osa Wolff confirmed the City is a third party beneficiary to the CC&Rs and would have the right but not the application to enforce this kind of requirement and would need to sign off on a proposed amendment to this section. In addition, the City has not been enforcing the obligation and the CC&Rs provide that the requirement can be eliminated, so the shuttle may be eliminated if the City finds an alternative transportation demand management measure is more effective than a shuttle, and this would not require an amendment.

Councilmember Miller said if the BART site is built with housing and there is a large parking issue that affects downtown parking, she asked if the City’s position would be that they would be able to enforce the CC&Rs to springboard the shuttle into action.

Ms. Wolff said she has not done a full legal analysis as to whether the City has the right to enforce, but again, the City is listed as a third party beneficiary of this provision.

Councilmember Iverson noted the obligation was assigned to the HOA as a contractual assignment. It is not that the City is amending their CC&Rs, but she would agree with Ms. Wolff’s analysis.

Councilmember Miller said she did not notice it until she read they were striking it out of the DA, and so she is unclear as to the developer’s assignment to the HOA. Mr. Biggs stated the City reviewed the CC&Rs and signed off on the language and this is why it has provisions for City approval for the modification. Again, the DA amendment is solely to close out the developer’s obligations. If the Council wishes to look at the shuttle generally, it should do so under the provisions in the CC&Rs which is not before the Council tonight.

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Councilmember Riley asked why was the section on the shuttle amended and asked why the City just did not leave it in. Mr. Biggs explained that the developer wanted the City to acknowledge the list of obligations and so it was part of the close-out process.

Councilmember Riley asked if it would have been inconsistent with the CC&Rs if it were kept in. Ms. Wolff said the developer assigned the shuttle obligation to the HOA a long time ago which dates to 2005 or 2008. If the City were to try to enforce against the developer and they would point to its inclusion and to the HOA.

Mayor Gee opened the Public Forum.

Bob Finch, HOA Vice President, said on January 3rd the City Manager emailed the HOA Board stating that amending their CC&Rs to delete the shuttle requirement is a separate second step that cannot be done at this time and they agree with that. However, the first step is to delete the shuttle requirement from the DA. He noted 94% of Wilder residents said they have no interest in using a shuttle. The PC has voted to recommend the Council drop the shuttle requirement from the DA, which he described. OGLLC insisted on the provision remaining in the DA so the HOA would have the obligation for the shuttle, but this is not OGLLC’s position as it is unnecessary. He therefore asked to remove the provision from the 9th amendment to the DA so the HOA does not have to report to their auditor this potential claim.

Kathy Finch stated she also requested when they change the CC&Rs the City agree to dropping the shuttle requirement and provided an historical account on the Wilder development requirements and its benefits to the public good.

Mary Jo Ashby, Wilder resident, voiced support of the elimination of the BART shuttle requirement from the Wilder HOA.

David Doupe, Wilder resident and current Treasurer of the HOA, voiced support of the endorsement of the 9th Amendment to the DA, cited sustainability and the significant reduced carbon footprint of residents within Wilder, and asked to strike any reference to the shuttle in the 9th amendment and removal of Section 7.11 of their CC&Rs which has identical language to what is in the DA.

Scott Dunlap, architect and former Chair of the HOA Architectural Review Committee and Wilder resident, referred to his letter and discussed his position on the shuttle issue, survey responses of residents not wanting a shuttle, associated costs of operating a shuttle system, its datedness with current technology and mobility trends, and urged the Council to delete the Wilder BART shuttle requirement in the DA amendment.

Art Goldberg, Wilder resident and former HOA Boardmember, echoed comments of speakers regarding deleting the shuttle requirements in the DA amendment, its datedness, drop-off in BART ridership, EV use, excessive cost for something no one wants, and its unlikeliness for efficiency and effectiveness.

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Scott Honeychurch, Wilder resident and current HOA President, echoed comments of speakers before the Council and before the Planning Commission, noting over 90% of Wilder residents agree the shuttle is unnecessary and unwanted along with OGLLC, and questioned why the language is still included in the DA amendment and asked to know how the HOA can work with Wilder residents to remove the shuttle from its CC&Rs.

Chris Yellage, OGLLC, said they know there has been overwhelming support to remove the shuttle and from a development team standpoint, he was not sure logistically what must be done and knows this could be cleaned up by amending the CC&Rs. Therefore, he would defer to the City Attorney to let them know how that would work.

Mr. Biggs agreed the best route would be to remove the shuttle requirement from the CC&Rs, referred to an idea of the shuttle serving other developments and cost sharing as something mutually beneficial, and noted the main focus tonight is to close out the developer’s obligations.

Mayor Gee returned to the Council for deliberation.

Councilmember Iverson said she concurs with the staff recommendation to amend the DA as proposed, does not see any reason to change what is in the CC&Rs and their understanding with the Wilder HOA. She agrees the Council has heard persuasive comments and she asked to remember that Wilder is physically removed from the rest of the City where riders would drive to BART and leave their vehicles all day. The shuttle had been an amenity at the time so she would like to leave the flexibility in place. She thinks changing technology could also benefit those needing a solution when the time is right.

Councilmember Miller agreed with staff’s recommendation and she would not impose something on a neighborhood that would not be used. She commented on assessments residents have paid through the developer which is something policymakers felt would be an amenity at the time to benefit the neighborhood. She noted she has had 5 catalytic converters stolen at BART and also feels it is prudent to close out the DA and move onto things the GHAD can accomplish. She suggested addressing the shuttle issue whenever there is a question of this being something to discuss.

Councilmember Riley agreed with comments and wondered if there was a different way to state Section 7.11 that does not ruffle as many feathers. She also gets the feeling the Council is not ready to talk about the CC&R amendment process and asked how this is initiated. Mr. Biggs stated he is unsure of the exact process but is happy to sit down with the HOA on a process to amend their CC&Rs.

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Ms. Wolff said because it is not on the agenda she did not research it fully, but would note that her version of the CC&Rs from 2008 state the City is required to give prior written consent before the BART shuttle requirement and when other things are eliminated. The language quoted earlier which is written in 7.11 states, “The BART/downtown shuttle may be eliminated if the City Council finds that an alternative transportation demand measure is more effective.” Therefore, this language is not an amendment but keeping the language in the CC&Rs, as written and a City Council process for determining there is a more effective transportation management system.

Therefore, she suggested discussing this with the HOA as to which they prefer.

Councilmember Riley said she would likely support changes to that language. Regarding changing language in this paragraph of the DA, the whole point of the paragraph was to cover the fact that the developer is no longer on the hook. However, instead it says Wilder is required to implement a shuttle. It just seems stronger than it needs to be, and if they include the date of the CC&Rs it would clarify those predated amendments of the DA.

Mr. Biggs said this is a conditional obligation and staff could soften it. He confirmed with Ms. Wolff that the language would have to be suggested tonight for the second reading of the ordinance.

Ms. Wolff asked if the language might be revised to state, “The DA refer to the CC&Rs for information” as opposed to identifying that as an obligation in the DA. Councilmember Riley confirmed, and said it is probably more accurate.

Mr. Biggs said they should ask Mr. Yelich of OGLLC, and he suggested that rather than stating “…responsible for implementing…” it could state “provide for the possibility of the downtown BART shuttle contemplated in the prior section of the DA.” It could state, “The developer is no longer responsible for this obligation as set forth in Section 7.11 of the Declaration of Covenants and Conditions of the Wilder Association of 2008.” Chris Yelich agreed OGLLC would be supportive of this language.

Ms. Wolff recommended the revision for 2.1 which would read, “The developer is no longer responsible for this shuttle service. Please refer to Section 7.11 of the CC&Rs which has been in effect since 2008 for further detail.” Councilmember Miller clarified her comments from earlier and wants to be sure the Council is not doing something to reduce the requirement for the shuttle. Councilmember Riley noted they are not party to the agreement so she questioned why they should mention it.

Councilmember Miller noted the downtown will see many changes in a short period of time. What the work from home future is and how that relates to people using BART is unknown, so she does not want to eliminate the expectation of the HOA operating a shuttle at some time in the future at a point when there is a reason for it and when people will want to use the shuttle more than not wanting it.

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Councilmember Iverson said at their last meeting when they offered a school bus to the families at Wilder at almost $1,000 a year cost, there is 100 riders from Wilder and they had to add another bus for this community. So, the right product for the right audience even at a high price can be a good thing, and now is not the time and it would be unfair.

She agreed with Councilmember Miller of the need to leave some flexibility and what Councilmember Riley said to just acknowledge the facts of what has been done and the release of the developer in the DA, and she does not feel the need to wed those two concepts.

Mayor Gee said she agrees and would like to see the right language occur to close out this DA. Clearly, she understands there is no requirements for shuttles now but it is at least a 2-step process in talking about it relative to the HOA CC&Rs. It sounds as if the obligation has been part of the CC&Rs for a long time and no one has ever asked for it.

The discussion of that can continue on, but she thinks tonight it is about getting the DA transferred.

Mr. Biggs said he is hearing that perhaps the Council is open to Councilmember Riley’s suggestion to modify the language. He asked the City Attorney to again restate the revision.

Ms. Wolff said she was thinking about the point of the 2008 date and actually believes that the obligation through the DA remains with the developer as we sit here today. They have also transferred it to the HOA in the CC&Rs which the City approved. So, she thinks both parties are potentially obligated. The item before the Council tonight is to remove any question that the developer might be responsible. Therefore, she is not sure they should say the obligation transferred back in 2008 because she is not sure that has been the City’s position all along. She thinks they might have felt it was the developer’s obligation and potentially the HOA’s jointly and would prefer not referencing the 2008 date in tonight’s language.

Councilmember Riley suggested to indicate they previously agreed or previously established to give it history somehow.

Ms. Wolff said the idea would have language instead of what was proposed that would say, “OG LLC is no longer responsible for this obligation. Please refer to Section 7.11 of the CC&Rs for further details.”
Councilmember Iverson suggested acknowledging the release of the developer but then say “we acknowledge that there has been a separate and enforceable commitment by the City with the HOA since at least the 2008 CC&Rs which remains in effect.” F.1.a
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Councilmember Riley asked if wordsmithing was necessary tonight. Ms. Wolff explained that the Council would then have to re-introduce the ordinance. Changes cannot be made between introduction and the adoption because they need to give the public notice.

They could re-introduce the ordinance and then have a third meeting to adopt it if substantive changes are made at the next meeting, and she thinks they should be clear what the Council wants the language to say this evening.

Councilmember Miller wondered if it makes sense to bring it back for a re-introduction at the next meeting, citing the extensive discussion at the Planning Commission meeting.

Mr. Buckley stated the Planning Commission adopted the draft resolution as prepared by staff and as part of their motion, they suggested the Council consider removing the BART shuttle requirement.

Mr. Yelich said they are hoping the language would be figured out tonight and action taken, but they also understand the City wants to get it right and confirmed they could return, as needed.

Ms. Wolff said she is confident they can make the change tonight, but the Council could table this item, take up the next item, and then return just for this item.

Councilmember Riley said she just penciled the wording out and suggested it read, “OG LLC is no longer obligated to implement the BART/downtown shuttle service. Please refer to the CC&Rs for further information on the shuttle service.” Ms. Wolff suggested stating “the Wilder HOA Declaration of Covenants, Conditions, and Restrictions” and not just the “CC&Rs.” This would substitute the existing language.

Councilmember Iverson agreed in stating the facts, and Councilmember Miller said she would feel more comfortable stating that all parties acknowledge that this obligation has been assigned to the Wilder HOA in its CC&Rs, but the City Attorney is indicating that this is not just the assignment.

Ms. Wolff said she has no other edits based on Councilmember Riley’s edits; however, she asked to include the Wilder HOA Declarations of Covenants, Conditions, and Restrictions.” She does not have the legal opinion that OG LLC assigned the obligation and when.

Mayor Gee said her feeling at this point is that it is important to get this right and there seems to be questions as to the exact language, dates, and exactly how the Council and staff would like this worded. It is not fair to anyone not to take the time on researching how to write it clearly.

Ms. Wolff asked if the Council would like to do something along the lines of what was described, which is make clear OG LLC no longer has the obligation to provide a shuttle and then refer for information purposes, without characterizing the CC&R section 7.11.

Mayor Gee suggested staff work on the language, tabled the item, and said the Council can return to it later in the evening.

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Attachment: City Council Minutes of January 9, 2024 (3273 : City Council Minutes) Orinda City Council Minutes Page 10 of 23 01.09.24
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.

Assistant City Manager/Administrative Services Director Doug Alessio introduced David Alvey, the City’s audit partner with Maze and Associates. He has a wealth of experience and is considered an expert in the field. Mr. Alvy will provide an initial presentation and thereafter he will present financial analysis afterwards.

David Alvey, CPA, Vice President/Audit Partner with Maze and Associates, said he is the City’s independent external auditor and provided a background on the requirements of the City’s audit, the City’s audit results, financial highlights, and the Memorandum of Internal Control.

Councilmember Iverson asked what is a deferred outflow an asset and a deferred inflow is a liability. Mr. Alvey said this came out with GASB 68 having to do with pension and GASB 75 having to do with OPEB. These are things that will eventually change assets and liabilities. When they wrote the pension OPEB GASBs they try to make sure swings in the market for investments would not cause the City’s pension liability or OPEB liability to spike like it has in the last 3 to 4 years with CalPERS which the City of Orinda does not have. This is a way to smooth out returns over years depending upon how it goes.

Mr. Alessio stated the City has a clean audit opinion and is doing fairly well financially.

He said the Annual Comprehensive Report document has a specific structure and it begins with a transmittal letter, an independent auditor’s opinion, a management discussion and analysis, basic financial statements, notes to explain the information provided, and required supplementary information which are OPEB disclosures which, for Orinda, they present actual comparisons for all funds in a supplementary information section. A statistical piece is not audited but it provides historical trend information.

He noted the document is 170 pages of information, and the transmittal letter and management discussion and analysis summarizes the gist of the City’s financial condition. He then presented and described the summary of changes in net position, increase of $1.2 million in revenues mostly due to rising interest rates, and expenditures.

He then reviewed the City’s three largest revenues as property tax, sales tax, and charges for services. Regarding expenses, CIP projects are the largest, police services, and parks and recreation are next, which in total make up 75% of the City’s expenditures.

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The General Fund did well against its revenue estimate. Expenditures shows the City is $1.7 million under the projected budget, with an ending fund balance of over $13 million.

The City is spending less on operations, and in FY 2022/23 there were only 2 capital projects charged to Measure R which has an ending balance is about $4.6 million.

Lastly, the City received some tax from Measure L which is no longer in place and not being actively assessed of just over $10,000.

Mr. Biggs concluded the presentation and stated the Council will determine a series of decision packages or budget referrals and has been strategic in setting aside things like slope stability reserves and other things. There are additional reserves with capital projects that are unfunded, and so those will be future decisions.

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

Mayor Gee and Councilmembers thanked David Alvey of Maze and Associates and Mr.

Alessio for their great work. MOTION by Councilmember Riley, and seconded by Councilmember Miller, to 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. Said motion carried by unanimous (4-0) roll call vote.

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:
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.

Mayor Gee returned to Item G.1, and Mr. Biggs said staff has tried to come up with language. In the DA section, the language proposed would be:
“As acknowledged in the 9th Amendment to the Development Agreement approved in 2024, Orinda Gateway LLC is no longer responsible for implementing a BART/downtown shuttle service between the Wilder project and downtown Orinda, including the BART station. The parties (Developer and the City) acknowledge responsibility for the BART/downtown shuttle is limited to the Wilder Association. Please refer to Section 7.11 of the Declaration of Covenants, Conditions and Restrictions of Wilder for further details.’”
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Councilmember Miller asked and confirmed the Wilder Association is its legal name from the original development agreement.

Councilmember Iverson suggested not using the words “Please refer to” and to replace this with “As set forth in…” or “as described.” She asked if the language as enforceable as between the City and the HOA after this action as it would before this action. Ms.

Wolff said this is their goal and nothing in the DA should change what is in the CC&Rs.

Councilmember Iverson asked if what is in the CC&Rs would be something the City could enforce if it needed to.

Ms. Wolff said this is the bit she has not researched because it was not agendized for tonight. At one point, what was in the CC&R matched exactly what was in the DA. Then, along came the 8th DA amendment. Those edits did not make it into the CC&Rs. So, what is currently in the CC&Rs reflects the language from the DA before the 8th DA amendment. The Wilder Association did not come to the City and the City did not agree to make changes to the CC&Rs to track what was in the 8th DA amendment. She noted the 8th DA amendment amended the shuttle requirement. It took out the clean air language, changed the trigger from the 100th home to the 200th home, and the developer came to the City and asked for amendments to their obligations.

Councilmember Iverson said therefore it is probably more restrictive the way it is. If they want to try to amend the CC&Rs for a joint shuttle and they used the holdup power to say absolutely no shuttle, she asked what sort of leverage would the City have in that conversation when they have no enforceability of the old, original language, understanding it is all dated now.

Ms. Wolff said what it states is, “The City is hereby made a third party beneficiary of the CC&Rs (which includes the BART shuttle) and is granted the right but not the duty to enforce the provisions of those sections.”
Councilmember Miller said she found that there is the Wilder Owners Association in 2008, and Chris Yellage initialed it. She said this one is officially called, “the Wilder Homeowners Association.” Ms. Wolff said this would count as a typo correction, and staff can fix the name throughout.

Ms. Wolff stated the language would therefore read:
“As acknowledged in the 9th Amendment to the Development Agreement approved in 2024, Orinda Gateway LLC is no longer responsible for implementing a BART/downtown shuttle service between the Wilder project and downtown Orinda, including the BART station. The PARTIES acknowledge responsibility for the BART/downtown shuttle is limited to the Wilder Homeowners Association as described in Section 7.11 of the Declaration of Covenants, Conditions and Restrictions of Wilder.” F.1.a
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Councilmember Riley stated it sounds as if it has already happened. Ms. Wolff said what the 9th amendment does is it takes out Section 2.1 and substitutes this.

Councilmember Iverson suggested, and Mayor Gee tabled the item to be considered after the Housing Element item, given the number of speakers and the lateness of the evening.

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.

Planning Director Drummond Buckley stated staff is coming to the Council regarding a brief update regarding implementation of Plan Orinda which was a multi-year public process that resulted in January 2024 with approval of the Downtown Precise Plan, the Housing Element, and the Safety Element which includes as an Appendix, an evacuation study.

Mr. Buckley focused on some of the high level implementation items the City needs to do in order to implement the main components of Plan Orinda which are:
• Rezonings to be completed by May 31, 2026;
• Implementation of 33 required Housing Element programs, including the rezoning, some with specific deadlines and some are on-going;
• An annual reporting requirement (Annual Program Report) to HCD once a year; • A range of goals and policies with the DPP, such as economic development and other downtown rezonings part of the DPP that will need to be done; and • Safety Element programs such as evacuation planning
He then described rezonings for 421 units in downtown as well as sites outside of the downtown, or opportunity sites. The units that count towards the City’s RHNA are the 3 church sites and Miramonte High School site. They also commit to rezoning the Caltrans Gateway site which is not counted in the sites inventory.

Regarding the status of their implementation, in an effort to kick off rezonings, staff agendized consideration of the non-downtown opportunity sites for the December 12th PC meeting for them to make a recommendation. There was significant public interest and the PC voted to continue the item to a date uncertain. There were many concerns raised and the minutes are attached to the staff report. Concerns had to do with congestion, safety, and evacuation on Moraga Way.

In response to those concerns, staff created an FAQ that responds to the main comments, will make additional enhancements to the Plan Orinda website with an implementation focus, they agendized this overview for Council consideration, and are recommending a pivot to the downtown sites at this time.

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Regarding next steps, staff suggests the Council consider pausing the rezoning of the opportunity sites outside of downtown, begin the rezoning process for the downtown sites, implement the DPP objective design standards as part of that effort and continue to work on other Plan Orinda goals, policies, and actions.

Mayor Gee asked Mr. Buckley to talk about the AFFH element of what it takes to get a Housing Element approved, what HCD’s opinion was of the Caltrans Gateway site and the BART lots, and the extensive time taken to get to where they are now.

Mr. Buckley said AFFH is a new requirement which was effective during the 6th cycle. It tries to ensure that fair housing law is being complied with in rezonings and with implementation of Housing Elements. There is a relatively long section within the Housing Element itself which looks at patterns of development and demographics within Orinda and that is used to evaluate whether the sites proposed are compliant with fair housing law.

Basically, you do not want to concentrate affordable housing in a particular neighborhood or in one part of the city but rather spread it out throughout the City. Orinda did pretty well with the AFFH piece. Their consultants had gone through this exercise in Southern California and understood it and have a plan that was mostly consistent. As staff went through the iterations before getting certified, it became entirely consistent with the AFFH requirements.

Mayor Gee asked and confirmed this explains why the City looked at various sites throughout the community.

Regarding the Caltrans Gateway site and BART lots, HCD was very concerned with both because they are owned by Caltrans, which he described. Caltrans has a fairly onerous and complex process for using their property for anything other than right-of-way and HCD was concerned it would be very difficult to get through that process within this cycle.

So, they said the City could still rezone the Caltrans Gateway site but they would not allow the City to count it towards their RHNA and they were skeptical about the BART site given all the work that would need to be done with BART and Caltrans.

Mayor Gee asked and confirmed with Mr. Buckley that neither of those locations are eliminated for the long-term but are not considered viable for what the City needed to comply with right now. Regarding the long process, there were 15 meetings held on the Housing Element and another 15-20 meetings on many other issues with the Housing Element included, an overview of which is provided in the staff report.

Councilmembers Iverson said the concept of opportunity sites is challenging because of the City’s good quality of life, schools, and crime where the City was saddled with a 50% affordable housing allocation in their RHNA, which was a disproportionately high affordable target. She asked to explain what it means when something is affordable so people can get an understanding of what those sites need to be and can be.

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Mr. Buckley said Orinda is considered a high opportunity area. As far as the proportion of lower income units, he did not know Orinda’s was different from other communities.

He said when they were determining where to allocate the affordable units versus the market rate units, they did have to spread those around. They were no all allocated in one place. Within the downtown area where they have some market rate and moderate units, they were spread evenly throughout the downtown sites.

Regarding affordability, the only way a site can be designated as affordable is if it meets the default density. In Orinda, based on its population, the default density is 20-25 du/acre. So, if a site is zoned at least 20-25 units to the acre, it can be designated for very low and low income units. This is the first criteria.

Then, you apply the AFFH rules and also rules that have to do with whether a site allows mixed use or not and whether only housing is allowed on the site or not. Then, as far as whether those units must be constructed as affordable units, the answer is “no.” Any site that is rezoned through this process could be developed with 100% market rate potentially unless the City has an inclusionary ordinance where the developer would have to meet that number. But, the catch with that is if a site which is designated for lower income units is built at something higher than that, like moderate or market rate, then the City needs to demonstrate it has capacity to accommodate the lower income units that were not built on that site. This is called the “no net loss” requirement. He noted there is nothing in any of these requirements that forces a property owner to do development.

Mr. Biggs noted the St. Mary’s Church site was rezoned in the last cycle and there has been no proposal and the church has not expressed to do any development on the property. These rules could change, but the State is looking for the City to create opportunities in compliance with their mandate. They now have required cities show good faith in implementing development, do rezonings, but this does not guarantee any development will take place. If development does not take place, the Council will finetune the rules again in the next cycle to encourage development of housing. Penalties have been put in for cities that do not comply so it will continue to be a fluid situation.

Councilmember Riley asked how the additional churches and the Miramonte High School property were accepted by HCD. Mr. Buckley said they asked the churches if they were interested. St. Mark’s was already in the process of decommissioning and never heard back from them. They reached out a few times to Holy Shepard and did not hear back from them at the time, and they heard back from St. John’s and they were interested in doing some kind of small senior housing project on a portion of their property as affordable. They also talked with Miramonte and they got a grant from ABAG to engage an economics firm that helped both staff and St. John’s as to what the process would look like from an economic standpoint.

Regarding the sites in North Orinda, staff did have a site that was a vacant parcel owned by the Orinda Union School District near Sleepy Hollow. As they went and looked at the site with EPS and staff from OUSD, they got there and it was basically a cliff and fairly remote. After this visit, they stopped recommending approval of that site.

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Mr. Biggs said staff had advocated with HCD and the Governor’s Office to include the Caltrans Gateway site and they refused to accept it. Earlier on in the process, they consulted with St. Stephens as well and the neighborhood objected, so this site was not considered. Mr. Buckley emphasized this was all a public process where they involved the Council, subcommittee, and the community, and the PC.

Councilmember Miller referred to SB 4 which now applies to the churches and allows them to develop if they propose 20 du/acre. Mr. Buckley confirmed. She asked how SB 4’s entitlement process compare to the housing proposed in the Housing Element for those church sites.

Mr. Biggs then briefly described SB 4 wherein the State allows churches to develop their properties for residential. Today, each church could be developed at 20 du/acre without coming through a City process to be rezoned. If they do the rezoning, they might have more control over what that process and the development look like.

Mr. Buckley noted SB 4 applies to the entire lot and not just a portion of the lot. The rezonings are to a portion with a maximum of 25% for the church sites. The idea was to allow a housing project to be developed in addition to the continued use of the site as a church. An example of this is the Orinda Community Church project, Vista Verde, which they did not need to include as an opportunity site because the process of developing the Housing Element, the church and Orinda Senior Housing Foundation came to the City Council and requested approval of a senior housing project on their upper parking lot that will not affect their operation as a church.

Mayor Gee opened the Public Forum.

Randy Roberts said he did not think the plan should apply to them regarding safety and said Moraga will have similar building requirements. More than half of Orinda’s population live off of Moraga Way and they are looking at a one lane each way traffic situation in which, if and when they have a fire, panicked people will not do as planned.

He voiced significant concerns with the likelihood of lives lost. The City has pivoted where there are 3 churches south of Glorietta close together and they all feed onto Moraga Way, which he believes is concentration in his mind. He then spoke about a guest who experienced the Paradise fire who is traumatized and said Orinda is similar in that they have one way in and out for 3,000 additional people living in South Orinda, so he asked to reconsider where development occurs.

Mayor Gee noted that the Council has been trying to grapple with these mandates, and she suggested speaking with State representatives.

EXTEND MEETING
MOTION by Councilmember Miller, and seconded by Councilmember Iverson, to continue the meeting until 10:30 p.m. Said motion carried by unanimous (4-0) roll call vote.

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Nick Waranoff said Orinda is between a rock and a hard place, and he spoke about mandates for housing and challenging traffic conditions that will be exacerbated in an emergency. He asked that the Council direct staff to prepare an alternative plan and have a public hearing at which time the public can speak and determine if there is support for a different plan. He spoke with HCD and when he described his plan to her, she was receptive to it. His plan is for a high density, mixed income, mixed use, small village with amenities and he thinks they should try sending it to HCD to see if they will approve it.

Dennis said he knows this process began in February 2021 in the middle of a pandemic, but many people did not hear about this until December. He thinks many lives will be impacted by this and knows they have until 2026 on rezonings and he asked to take more time to come up with alternatives.

Maureen Matthews, 22 Lagunitas Drive, said when she saw the proposal to rezone Miramonte to the largest number of units, she should have been commercializing this around town, but she had no idea. Everybody understands there has been so much work done and that this is an onerous requirement that the City should push back on.

She noted that Orinda was only 1 of 9 cities that actually complied and they needed to push back on the number of units at the beginning. She cited fire and evacuation risks, spoke about Lavenida which has a no right turn for several hours in the morning, putting the largest number of units at Miramonte, and noted that few Planning Commissioners had been to that part of Orinda before making the recommendation.

Peter Lindberg said he understands the State mandate, thinks the location of sites are ridiculous and concentrated, and thinks the plan is appalling. The Miramonte and church sites do not make sense, and the Council is seriously putting lives on the line. He asked for evidence that shows the current residents of Orinda are benefitting from redlining, and he asked that to be struck from the plan. It is following the narrative of California nonsense, and it is a smear on all residents.

Trevor Rose said he lived next to the cliff by Sleepy Hollow Elementary School which he can guarantee is no more cliffy than the rest of North Orinda and the City built on that too. He is here mostly to say thank you, noted it is thankless work given mandates, said he recently cut a ribbon at a project they worked on since 1957 where they remodeled and reopened Moraga Valley Pool. Had they not maintained flexibility during the process and not been willing to go through multiple iterations of plans that were fought, funded, and argued over for decades, they would not have landed on such a beautiful, finished product. He worked for Miramonte High School and it kills him to think the solution is to parcel up the high school.

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Ryan Yeager said he thinks the word is NIMBY, and he is not one. He built an ADU on Moraga Way and he had to deal with the Fire District, creek variances, setbacks, and a lot of other issues. He thinks the Council should consider making the options they currently have to increase housing in Orinda easier. He found the experience to be very difficult and very expensive and thinks eventually there will be a developer who will come in and develop, and the City will have a traffic problem that will result in death. So, he asked to use the tools the City already has with existing laws.

Matt Savage said he was at the December meeting and thanked the Council for postponing the vote. He echoed concerns of speakers, and asked the Council to give advice to residents on what the best way is to help change this. He heard tonight that St. Stephens Church changed their zoning because the neighborhood did not want development. He asked if it will come down to showing up at every Council meeting and packing the hall or something else.

Christina Strand said she was here at the December 12th meeting, lives on Lavenida Drive near the hub where all children thrive and they try to keep them protected. She loved hearing tonight how the Council understands that the City is not in a great position and liked hearing that the Council sees there are wildfire issues. She would like to hear how they can amend the Housing Element because they should get Miramonte and churches out of the plan.

In looking at all MOFD evacuation maps, the most constrained part is in brown and then there are green opportunity sites in these most constrained areas which makes no sense.

She knows Moraga is fighting it and went to ABAG and she said Moraga Road becomes 2 lanes in for emergency vehicles, and Moraga Way becomes 2 lanes out. People are told not to go to Canyon because of sparks flying and it is a firestorm waiting to happen.

She also asked how MOFD feels about this, asked how they can “check the box” on this, noted Moraga’s Housing Element is covered with development all up and down Moraga Way which is scary, and thinks the opportunity sites should be moved elsewhere.

Mayor Gee emphasized that one of the things everyone can do is share concerns with State representatives, two of which live in Orinda. She voiced appreciation of all comments and they will work as a Council to do the best they can for the City.

Unfortunately, the City and all other local California communities are trying to cope with legislation from the State and did not create any of it. Now is legislative season and they are all working hard on new bills, but she was not sure any of these bills will rectify the situation.

Randy Roberts noted there is an opportunity to approach communities that have similar fire hazards as Orinda has, suggested suing the State given it is a safety issue. If they are putting lives at risk, it is hard to argue in court. It is easy to prove considering they have one road in and out and no ability to build another one. He also suggested looking at areas such as the Shakespear Theater which is on the freeway with easy access, and no fire concerns.

Mayor Gee closed the Public Forum and returned to discussion by the Council.

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EXTEND MEETING
MOTION by Councilmember Iverson, and seconded by Councilmember Miller, to extend the meeting to 10:45 p.m. Said motion carried by unanimous (4-0) roll call vote.

Mayor Gee said staff is asking for input and direction and has a recommendation to move forward with the downtown rezoning while they continue presumably to consider other options for the Housing Element.

Councilmember Miller noted that State law allows 20 du/acre on church sites and noted HCD does not support sites that likely will not be developed. She likes the idea to start with downtown first and if they do that and not work on the church sites, she asked if it is more likely they might lose the opportunity to have the 25% of what otherwise would be allowed by the State on the church sites.

Mr. Buckley said yes. They know through the experience of SB 9 and ADUs how the State counts additional potential units as a result of their legislation. They do not allow the City to count to what they changed it to. What they do allow is they can count units if there is a track record of units being created under that particular law. This is how the City was able to count ADUs. They had about 14/year in the prior cycle and were allowed to use this number per year in this cycle and count those as moderate income units.

They were not allowed to use SB 9 at all even though it was in effect because it was so new and without any track record. HCD is not going to say, okay, since the State has rezoned these parcels to 20 du/acre, the City can count any of those units. They will only acknowledge them if they are rezoned by the City affirmatively through the process outlined in the Element.

Councilmember Miller said if they start in downtown and, hypothetically, in the meantime St. John’s decides to build 20 du/acre and if the site is 2 acres, it equals 40 units on the whole site, she confirmed with Mr. Buckley the City would be able to count them if they get built.

Councilmember Miller said if the City zones a part of a church site, she asked if that would change the ability to come in at 20 du/acre elsewhere or would this zoning be preempted by the State law even after the City rezoned it. Mr. Buckley said SB 4 applies regardless.

Mr. Biggs said if St. John’s decided they did not want to develop, they could apply now to develop all or the same level portion of the site the City included in the Housing Element. Or, if the City were to do the rezoning for one-third of the site, and then later they could decide to develop the entire site.

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Councilmember Miller said on the church sites, whether the rezonings happen, the owners of the properties are allowed to build 20 du/acre under State law. For the Miramonte site, one of the reasons school sites were attractive were that the Pulte project resulted in housing for teachers. It is one of the exemptions to restricting who gets to live there. She said if the school district is sufficiently diverse so it is not giving more opportunity to one protected class than another she asked if it could be limited to just those who work for the school district. She believes this is the reason the school site was considered and they learned Miramonte was sufficiently diverse. which made it attractive. She likes staff’s proposal in starting in the downtown given the work to date.

Mr. Biggs clarified that when they began with the opportunity sites outside the downtown, staff was going to be following up with the downtown sites in quick order. The downtown rezonings are a little more complicated, but there was not the intent to just process the opportunity sites and then stop the process.

Mayor Gee said she lives on the south side of Orinda off of Glorietta Boulevard, and said it is not true everything is on the south side. The reason it is perceived that way is because much of what is on the north side still technically counts as downtown. So, she thinks it is important to know there was no feeling on “ganging up” on the south side.

Councilmember Iverson said Mr. Waranoff has set forth a plan and no fewer than 10 letters were received when they were voting on the plan, and it is on NextDoor.com. She thinks it is confusing to people less close to the process as to why the City is just not doing that because she agrees it is a great plan and wishes they could do it. But, when she asked those who are talking to HCD and they say Caltrans is not even close to being developed, she asked Mr. Buckley or Mr. Biggs to comment on this. The Council has never commented on why they are not aggressively doing anything to move forward with the plan proposed by Mr. Waranoff.

Mr. Biggs said Caltrans thinks the City is being very aggressive and appropriate. He complemented Assemblymember Bauer-Kahan when looking at the Gateway site after running into obstacles with Caltrans, spoke about exploration of the decertification process, the executive order that mandated State agencies to free up State property for housing, the recommendation for a bill that would remove the obstacle through purchase of the site with a gas tax trust fund, planning for a BART TOD site, and on-going obstacles.

EXTEND MEETING
MOTION by Councilmember Iverson, and seconded by Councilmember Miller, to extend the meeting until 11:00 p.m. Said motion carried by unanimous (4-0) roll call vote.

Mayor Gee noted Councilmember Miller supported the staff recommendation, and she asked and confirmed Councilmembers Iverson and Riley voiced their support, as well.

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Councilmember Riley noted she is not an expert on SB 4, but is curious that if they do not rezone St. John’s, who gets the credit if the site is developed because the City did not rezone it. Mr. Buckley said if they get the units entitled, the City gets to count them but it is not a timing issue.

Councilmember Riley asked if the City can just rezone one of the three churches, and Mr. Buckley said yes. St. John’s would be about 20 units from what he understands. Mr.

Biggs said the City would proceed with the downtown sites but would again turn back soon to look at the opportunity sites and explore some of these questions in the timeframe they need to follow. He noted St. John’s is very interested and they are applying for a grant to get technical assistance from ABAG to evaluate their options.

Councilmember Iverson commented that one thing she does not think has been fully explained is the question of what if they can’t get there? It is a two-way negotiation and the City went to the State with multiple plans and they kept saying no to things, which worsened the plan over time. She remembers the Council in 2022 questioned, what if they cannot get there? She thinks many people are asking why the City got approved and was so well behaved and thinks they need to answer that question for those in the affected neighborhoods so they can understand. No one wants to grow their populations 20% or 30% so everybody must pull their weight and if cities do your part, they keep local control and if not, they lose it.

On a positive note, the City is going into their strategic planning meeting around February and because they will have to grow, 70% to 80% of the comments she read in the December 12th feedback were not about a 20-unit site here or a 40-unit site there, it is that Moraga Way is awful for fire evacuation and congestion, and all those problems will exist whether they develop the 3 church sites or whether it is the builder’s remedy forcing growth or Moraga grows and Orinda does not do anything different. But, she would like for the City to do its long-range planning and think about what they are going to do about growth. Therefore, she is supportive of starting with the downtown and would work on the Caltrans site relatively soon.

Mayor Gee cited there is Council consensus, and thinks a near term pivot to focus on the downtown while continuing to work through other challenges is appropriate. She confirmed staff has received direction.

Mayor Gee returned to Item G.1.

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Attachment: City Council Minutes of January 9, 2024 (3273 : City Council Minutes) Orinda City Council Minutes Page 22 of 23 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.

Mayor Gee asked if there is language the Council could agree on.

City Attorney Wolff summarized what they are trying to accomplish here in Section 2.1 is that the developer no longer has an obligation with respect to the shuttle and to acknowledge that the Council thinks that obligation lives with the HOA through its CC&Rs, but to do this in a subtle way that does not proport to commit that HOA through this document but rather points to the other document that contains their obligation.

So, she read into the record what language staff has developed thus far:
“As acknowledged in the 9th Amendment to the Development Agreement approved in 2024, Orinda Gateway LLC is no longer responsible for implementing a BART/downtown shuttle service between the Wilder project and downtown Orinda, including the BART station. The PARTIES acknowledge responsibility for the BART/downtown shuttle service is limited to the Wilder Homeowners Association, as described in Section 7.11 of the Declaration of Covenants, Conditions and Restrictions of Wilder Homeowners Association.”
Mr. Yelich confirmed his support of this language, and thanked the Council.

MOTION by Councilmember Riley, and seconded by Councilmember Iverson, to 1) introduce and Waive the first reading of Ordinance 24-01, approving the Ninth Amendment to the Development Agreement and Preannexation Agreement, as amended reflecting the language for Section 2.1, 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. Said motion carried by unanimous (4-0) roll call vote.

Ms. Wolff stated this will return on the Council’s Consent Calendar at the next meeting for second reading and adoption, and staff will verify the legal name of the Wilder HOA.

I. COUNCILMEMBERS’ REPORTS – None.

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Attachment: City Council Minutes of January 9, 2024 (3273 : City Council Minutes) Orinda City Council Minutes Page 23 of 23 01.09.24
J. CITY MANAGER’S REPORT – City Manager Biggs noted this is Planning Director Drummond Buckley’s last Council meeting. He will be retiring on January 18, 2024. He extended his appreciation for his efforts. With his leadership and his team, the City has made many strides. Mayor Gee and Councilmembers thanked Mr. Buckley.

K. MATTERS INITIATED – None.

L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 11:00 p.m. to the next Regular Council Meeting on Tuesday, January 23, 2023, at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of January 9, 2024 (3273 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: January 23, 2024
Department: City Clerk
AGENDA TITLE: Adoption of Ordinances relating to the Development and PreAnnexation Agreement and the Final Development Plan Amendment for the Wilder Project in Gateway Valley
RECOMMENDATION:

At the meeting of January 9, 2024, the City Council introduced the following two Ordinances:

ORDINANCE NO. 24-01

AN ORDINANCE APPROVING THE NINTH AMENDMENT TO THE

DEVELOPMENT AND PRE-ANNEXATION AGREEMENT FOR THE WILDER

PROJECT IN GATEWAY VALLEY
ORDINANCE NO. 24-02

AN ORDINANCE AMENDING THE GATEWAY VALLEY (WILDER) FINAL

DEVELOPMENT PLAN TO CLARIFY THE APPLICATION OF ZONING STANDARDS TO THE PROPERTY.

DISCUSSION:

The Staff Report from the January 9, 2024, City Council Meeting is attached to provide an overview.

Ordinance No. 24-01 was introduced with a wording change to its exhibit and is highlighted as an attachment to this staff report. The Ordinance is on this agenda for consideration of adoption.

Ordinance No. 24-02 was introduced without changes and is on this agenda for consideration of adoption.

FISCAL IMPACT:

None.

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ATTACHMENTS:

A. Wilder Staff Report - January 9, 2024
B. Ordinance 24-01 Wilder 9th DA Amendment
C. Exhibit to Ordinance 24-01 - 9th DA Amendment
D. Ordinance 24-02 Amending Wilder Final Development Plan Respectfully Submitted by:

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

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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), F.2.a
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Attachment: Wilder Staff Report - January 9, 2024 (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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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Attachment: Wilder Staff Report - January 9, 2024 (3284 : Wilder Gateway Ordinances Second Reading and Adoption)

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 F.2.a
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Attachment: Wilder Staff Report - January 9, 2024 (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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 F.2.a
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Attachment: Wilder Staff Report - January 9, 2024 (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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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Attachment: Wilder Staff Report - January 9, 2024 (3284 : Wilder Gateway Ordinances Second Reading and Adoption) F.2.a
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Attachment: Wilder Staff Report - January 9, 2024 (3284 : Wilder Gateway Ordinances Second Reading and Adoption)

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 (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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 9, 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 (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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 (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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 F.2.b
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Attachment: Ordinance 24-01 Wilder 9th DA Amendment (3284 : Wilder Gateway Ordinances Second Reading and Adoption)

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: February 22, 2024
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Attachment: Exhibit to Ordinance 24-01 - 9th DA Amendment (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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 January, 2024 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-in-interest 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: Exhibit to Ordinance 24-01 - 9th DA Amendment (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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; (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 January 9, 2024, the City Council held a duly noticed public hearing and introduced Ordinance No. 24-01 to adopt this Ninth Amendment.

H. On January 23, 2024, the City of Orinda City Council, adopted this Ninth Amendment by Ordinance No. 24-01.

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 eighteenmonth 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 shuttle service shall be subject to the approval of the Planning Director. As acknowledged in the Ninth Amendment to this Agreement F.2.c
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Attachment: Exhibit to Ordinance 24-01 - 9th DA Amendment (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 3 approved in 2024, Orinda Gateway, LLC is no longer responsible for implementing a BART/Downtown Shuttle Service between the Wilder Project and downtown Orinda, including the BART station. The parties acknowledge responsibility for the BART/Downtown Shuttle Service is limited to the Wilder Homeowners Association as described in Section 7.11 of the Declaration of Covenants, Conditions and Restrictions of Wilder.

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 (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): Section 2.3 of the Development Agreement is amended as follows:

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,
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Attachment: Exhibit to Ordinance 24-01 - 9th DA Amendment (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 4 • Trailhead parking, including 19 spaces for automobiles and two (2) horse trailer spaces, and
• Trees and native hydroseed grass areas.

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
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Attachment: Exhibit to Ordinance 24-01 - 9th DA Amendment (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 5 OGLLC:

OG Property Owner, LLC, a California limited liability company 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: Exhibit to Ordinance 24-01 - 9th DA Amendment (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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: Ordinance 24-02 Amending Wilder Final Development Plan (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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: Ordinance 24-02 Amending Wilder Final Development Plan (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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, F.2.d
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Attachment: Ordinance 24-02 Amending Wilder Final Development Plan (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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: Ordinance 24-02 Amending Wilder Final Development Plan (3284 : Wilder Gateway Ordinances Second Reading and Adoption) 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: Ordinance 24-02 Amending Wilder Final Development Plan (3284 : Wilder Gateway Ordinances Second Reading and Adoption) City Council
Staff Report
Agenda Item: F.3
Date: January 23, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approve list of streets for the Annual 2024 Pavement Rehabilitation Project and approve $200,000 Road Project Funding Nomination to California Transportation Commission (CTC) for 2024 SB 1 Local Partnership Program formulaic funds for the 2024 Annual Pavement Rehabilitation Project No. 4178.

RECOMMENDATION:

Staff recommends the Council approve the list of streets for the Annual 2024 Pavement Rehabilitation Project; and authorize the City Manager to execute and submit the Funding Nomination packet to the California Transportation Commission (CTC)
BACKGROUND:

The passage of California Senate Bill 1-The Road Repair and Accountability Act of 2017, increased the State gas tax, and provided for special distributions of the new gas tax to Cities and Counties. One category of the special gas tax funding is reserved for agencies that have enacted, collected, and maintained a local tax to fund street maintenance and rehabilitation. This funding is to act as an incentive to all agencies to consider implementing this type of self-help tax. The eligibility is based on the City of Orinda voter approved General Obligation Bond Measures specifically for road and drainage repair in 2014 and 2016. As a result, Orinda qualifies for this special funding under the Formulaic Program, administered by the CTC as the Local Partnership Program (LPP). In this latest cycle of LPP funding, the 2022 Program (FY 2023-24 through FY 2024-25), approved by the CTC by Resolution G-22-61 on August 18, 2022, Orinda is eligible for $200,000 for two years: Fiscal Years 2023-24 and 2024-25. This nomination only covers one project, for FY 2024-25.

DISCUSSION:

The 2024 Annual Pavement Rehabilitation Project No. 4178 was selected as the target project for these funds. The streets to be addressed are provided in Attachment 1. The design costs will likely be incurred in Fiscal Year 2023-24 and the construction costs will be in Fiscal year 2024-25.

NEXT STEPS:

Project Funding Nomination packets will be prepared and submitted to CTC for review and approval. Since Orinda is specifically programmed as being eligible under the formulaic funding for this $200,000, rather than having to apply for the competitive LPP funding, it is very likely that the nominated project will be included in CTC’s adoption.

FISCAL IMPACT:

F.3
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Approving the submission of this nomination will allow the City to obtain reimbursement for $200,000 in construction costs for the 2024 Annual Pavement Rehabilitation Project No. 4178.

ATTACHMENTS:

A. 2024 List of Streets
Respectfully Submitted by:

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

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1/4/2024 Street List for 2024 Pavement Rehabilitation Project (Project No. 4178) Street Name From To Length (FT) Width (FT) Area Sq.Ft Treatment typeAbbot Court Moraga Via Cul-De-Sac 339 19 6,441 MicrosurfacingAlice Lane 165 Alice Lane Zander Drive 1,022 26 26,572 Mill and OverlayAlice Lane 165 Alice Lane Donald Drive 1,100 26 28,600 MicrosurfacingAlice Lane Goodfellow Drive Zandar Drive 387 29 11,223 MicrosurfacingArdilla Road Camino Pablo North Lane 1800 21 37,800 Crack Seal, MicrosurfacingArroyo Drive Ivy Drive City Limit 432 24 10,368 MicrosurfacingAustin Court Muth Drive Cul-De-Sac 420 25 10,500 MicrosurfacingAvis Court Donald Drive Cul-De-Sac 166 26 4,316 MicrosurfacingBates Blvd Tahos Road Muth Drive (N) 1,077 32 34,464 MicrosurfacingBates Court Muth Drive End 394 29 11,426 MicrosurfacingBroadview Terrace Overhill Rd Cul-De-Sac 900 24 21,600 MicrosurfacingCamino Del Diablo El Toyonal Chapparal Pllace 1790 19 34,010 Crack Seal, MicrosurfacingCanon Drive El Toyonal End 3,650 15 54,750 Base Repair, Crack Seal, Microsurfacing
Cedar Lane Donald Drive Cul-De-Sac 859 27 23,193 MicrosurfacingCoral Drive Ivy Drive Fiesta Crcle 1,115 26 28,990 MicrosurfacingCorte Del Rey Ivy Drive Arroyo Drive 327 27 8,829 MicrosurfacingCourney Lane Donald Drive Cul-De-Sac 828 20 16,560 MicrosurfacingCrest View Drive Valley View Drive Crest View Court 1,901 22 41,822 Crack Seal, MicrosurfacingCrest View Drive Crest view Court Culvert Ct 1,394 22 30,668 Crack Seal, MicrosurfacingCrest View Drive Culver Court COP 2,305 W/O Culver Court 2,305 22 50,710 Crack Seal, MicrosurfacingCrest View Drive COP 2,305’ W/O Culver CT Cul-De-Sac 914 22 20,108 Crack Seal, MicrosurfacingCulver Ct Crest View Drive Cul-De-Sac 691 20 13,820 MicrosurfacingDavis Road Southwood Dr Bryant Way 1700 22 37,400 Base repair, Crack Seal, Microsurfacing
Descanso Drive Ivy Drive End 1,498 30 44,940 MicrosurfacingDonald Drive Hall Drive Cul-De-sac 2,587 29 75,023 MicrosurfacingDonald Drive Hall Drive Alice Lane 645 25 16,125 MicrosurfacingDonald Drive Alice Lane Private Street 1,140 29 33,060 MicrosurfacingDove Court Donald Drive Cul-De-Sac 436 25 10,900 MicrosurfacingDuncan Court Donald Drive Cul-De-sac 107 64 6,848 MicrosurfacingEl Toyonal 3000’ W/O Vista Del Orinda End at Barricade 1,112 18 20,016 Micro surfacingEvans Place Keith Drive Cul-De-Sac 322 24 7,728 MicrosurfacingHighland Ct Overhill Road Cul-De-Sac 420 19 7,980 MicrosurfacingHillcrest Drive Overhill Road Martha Road 1,610 23 37,030 MicrosurfacingHillcrest Drive Overhill Road End 1,820 23 41,860 MicrosurfacingKeith Drive Evans Place Donald Drive 537 24 12,888 MicrosurfacingKeith Drive Evans Place 460 Wly 460 24 11,040 MicrosurfacingLavenida Ct Ivy Drive Cul-de-Sac 675 24 22,368 Microsurfacing +Correct Drainage at Cul-De-Sac
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Attachment: 2024 List of Streets (3283 : List of streets for the 2024 Paving Project and SB1 LPP grant) 1/4/2024 Street List for 2024 Pavement Rehabilitation Project (Project No. 4178) Street Name From To Length (FT) Width (FT) Area Sq.Ft Treatment typeLoma Vista Road El Toyonal (E) El Toyonal (w) 2,946 18-19 54,388 Base repair, Crack Seal, Microsurfacing
Martha Road Hillcrest Drive Cul-De-Sac 1,645 33 54,285 MicrosurfacingMonte Vista Road Camino Pablo Private Street 2,700 20 54,000 MicrosurfacingMoraga Via Glorietta Blvd Virginia Drive 911 21 19,131 MicrosurfacingMoraga Via Virginia Drive Woodcrest Drive 601 20 12,020 MicrosurfacingMoraga Via Woodcrest Drive Rustic Way 695 22 15,290 MicrosurfacingMoraga Via Rustic Way Rheem Blvd 834 19 15,846 MicrosurfacingMuth Drive Bates Blvd Warford Terrace 2,367 26 61,542 MicrosurfacingMuth Drive Warford Terrace Wanda Lane 1,852 26 48,152 MicrosurfacingNorth Lane Camino Pablo Ardilla Road 830 21 17,430 Base Repair, crack seal, Microsurfacing
Overhill Road Moraga Way Westwod Ct 1,186 25 29,650 MicrosurfacingOverhill Road Westwood Ct Highland Ct 1,775 29 51,475 MicrosurfacingOverhill Road Highland Ct Broadview Terrace 1,242 23 28,566 MicrosurfacingOverhill Road Broadview Tr Tara Road 1,066 22 23,452 MicrosurfacingOverhill Road Tara Road 241-Overhill Road 1,003 25 25,825 MicrosurfacingOverhill Road 241 Overhill Road Glorietta Blvd 1,175 25 29,375 MicrosurfacingPiedmont Ave Crescent Dr Claremont Ave 365 18 6,570 MicrosurfacingRae Court Fiesta Circle Cul-De-Sac 115 26 2,990 MicrosurfacingRae Drive Fiesta Cricle Cul-De-Sac 292 34 9,928 MicrosurfacingRamona Drive Ivy Drive Arroyo Drive 1,063 23 24,449 MicrosurfacingRheem Blvd Moraga Via Glorietta Blvd 1,100 22 $24,200 Mill and OverlayRustic Way Moraga Via Cul-De-Sac 563 16 9,008 MicrosurfacingRydal Court Eastwood Drive Cul-de-sac 143 25 3,575 MicrosurfacingSouthwood Bates Blvd End 180 35 6,300 MicrosurfacingSouthwood Ct Southwood Cul-De-Sac 360 23 8,280 MicrosurfacingStanton Ave Claremont Cul-De-Sac 422 25 10,550 MicrosurfacingStanton Ct. Stanton Ave Cul-De-Sac 535 25 13,375 MicrosurfacingTahos Road Wanda Lane Bates Blvd 2,303 29 66,800 Base Repair, Crack Seal, Microsurfacing
Virginia Drive Glorietta Blvd Moraga Via 766 24 18,334 MicrosurfacingWarford Terrace Muth Drive Bates Blvd 999 33 32,967 MicrosurfacingWarford Terrace Bates Blvd Cul-De-Sac 870 20 17,400 MicrosurfacingWoodland Road Moraga Way Valley View 1000 21 21,000 MicrosurfacingZander Drive Zander Court Alice Lane 1,339 29 38,831 MicrosurfacingZander Drive Rheem Blvd Zander Court 979 29 28,391 MicrosurfacingCrack Seals Various streets F.3.a
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Attachment: 2024 List of Streets (3283 : List of streets for the 2024 Paving Project and SB1 LPP grant) City Council
Staff Report
Agenda Item: F.4
Date: January 23, 2024
Department: City Clerk
AGENDA TITLE: City Council Committee Appointment/Liaison List for 2024 RECOMMENDATION:

Confirm Mayor Gee's recommended nominations for the City Council Committee Appointment / Liaisons for 2024.

BACKGROUND:

The Council's Policy and Procedures Manual Section 9.1 states that:

9.1 Council Appointments
As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the City Council.

9.2 City Advisory Bodies, Regional Boards, and Commissions The City Council may create commissions, committees, and other groups to advise the Council. The Council shall appoint the members of those subordinate bodies as well as City representatives to Regional Boards and Commissions.

In accordance with the above, Mayor Gee has developed nominations for the City Council’s review and consideration as shown in the attachment.

DISCUSSION:

The attached list shows this year’s proposed nominations made by Mayor Gee. The changes are highlighted in red.

ATTACHMENTS:

A. City Council Appointment List 2024
Respectfully Submitted by:

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

F.4
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ORGANIZATION 2024 Appointments COUNCIL RESPONSIBILITY MEETINGS Mayors' Community Liaison Group Darlene Gee Mayor facilitates meeting w/ community leaders 2nd Wednesday, 8:30amLamorinda Mayors' Meeting Darlene Gee Mayor serves as Council representative bimonthly breakfast meetingMayors' Conference (Contra Costa County) Darlene Gee Mayor serves as conference delegate; all Council invited to attend 1st Thursday, 6:30 pm COMMISSION and COMMITTEE Liaisons: Attend Some Meetings and Report to Council.

Art in Public Places Committee (APPC) Janet Riley See Commission Charge 3rd Monday, 3:30pm Finance Advisory Committee (FAC) Inga Miller See Commission Charge 4th Wednesday, 6pmHistoric Landmarks Committee (HLC) Janet Riley See Commission Charge QuarterlyParks and Recreation Commission (PRC) Latika Malkani See Commission Charge 2nd Wednesday, 7pmPlanning Commission (PC) Brandyn Iverson See Commission Charge 2nd & 4th Tuesday, 7:00 pmSupplemental Sales Tax Oversight Commission Latika Malkani See Commission Charge Quarterly Traffic Safety Advisory Committee (TSAC) Brandyn Iverson See Commission Charge 3rd Monday, 7:00 pmLibrary Parcel Tax Oversight Committee Janet Riley Attend Meetings as needed meets twice a year Affordable Housing Sub-Committee
Inga Miller
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Library Facility Steering Committee
Darlene Gee
Janet Riley Attend Meetings as Council Subcommittee meets as needed City/School 2x2 Committee
Inga Miller
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Wilder Subcommitee
Inga Miller
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed Public Safety Council Subcommittee
Inga Miller
Latika Malkani Attend Meetings as Council Subcommittee meets as needed Inclusion, Diversity, Equity, Action (School Partnership) Darlene Gee
Latika Malkani
Fire Prevention 2x2 with MOFD
Darlene Gee
Latika Malkani
Downtown Planning & Housing Element Subcommittee
Inga Miller
Brandyn Iverson Attend Meetings as Council Subcommittee meets as needed OTHER AGENCIES: Attend Some Meetings; Report to Council Association of Bay Area Governments (ABAG) Darlene Gee Attend 2 meetings; serve as City's voting delegate. two meetings annuallyCentral Contra Costa Solid Waste Authority Board (CCCSWA) Inga Miller
Janet Riley
Attend monthly regular board meeting; serve on 1-2 board committees w/ monthly meeting last Thursday, 3:00 pm Contra Costa County Transit Authority (CCCTA)
Amy Worth
Darlene Gee (alt) Attend monthly board meeting 3rd Thursday, 9:00 am Lamorinda School Bus Program (LSBP JPA)
Brandyn Iverson
Darlent Gee (alt) Attend monthly JPA meetings 2nd Monday, 9:30 am CITY OF ORINDA - CITY COUNCIL APPOINTMENTS 2023
COUNCIL SUB-COMMITTEE:

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Attachment: City Council Appointment List 2024 (3270 : City Council Committee Appointment/Liaison List League of CA Cities Voting Delegate (LOCC)
Mayor
Vice Mayor
Serve as City's voting delegate at annual conference one meeting annually -League of CA Cities East Bay Division Delegate
Mayor
Vice Mayor
Attend monthly dinner meetings; open to all Council members 3rd Thursday, 6:00 pm SouthWest Area Transportation Committee (SWAT)
Darlene Gee
Brandyn Iverson
(alt) Subgroup of CCTA. Attend Monthly Meetings 1st Monday, 3:00 pm -Lamorinda Project Management Committee (LPMC)
Darlene Gee
Brandyn Iverson
(alt)
Meets as needed after SWAT meeting/ subgroup of SWAT 1st Monday as needed -Lamorinda Fee and Financing Authority (LFFA)
Darlene Gee
Brandyn Iverson
(alt)
Meets as needed after SWAT meeting/ subgroup of SWAT 1st Monday as needed COUNCIL LIAISON WITH CITY PARTNERS:

Serve as Primary Contact Person for Council; Attend Some Meetings; Report to Council Acalanes Unified High School District (AUHSD) Inga Miller " " 1st/3rd Wednesday, 7:30 pm Bay Area Rapid Transit (BART) Darlene Gee " " 2nd/4th Thursday, 9amChamber of Commerce Latika Malkani " " 2nd Tuesday, 8:00 am East Bay Municipal Water Utility District (EBMUD) Inga Miller " " 2nd/4th Tuesday, 1:15 pm East Bay Regional Park District (EBRPD) Latika Malkani " " 1st/3rd Tuesday, 2:00 pmFriends of Orinda Creeks Inga Miller " " 4th Wednesday, 8:00 amLibraries- -Friends of Orinda Library Janet Riley " " 3rd Wednesday, 9:15 am -Library Regional Board Janet Riley " " meets as needed Moraga-Orinda Fire District Darlene Gee " " 3rd Wednesday, 7:00pmOrinda Association (OA) Latika Malkani " " 2nd Monday, 7:30 pmOrinda Historical Society Janet Riley " " quarterly Orinda Seniors Advisory Committee Latika Malkani " " 1st TuesdayOrinda Teen Advisory Committee Brandyn Iverson " " 1st Monday Orinda Union School District (OUSD) Brandyn Iverson " " 2nd Monday, 4:00 pmOrinda/Tabor Sister City Committee Darlene Gee " " 4th Thursday F.4.a
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Attachment: City Council Appointment List 2024 (3270 : City Council Committee Appointment/Liaison List City Council
Staff Report
Agenda Item: H.1
Date: January 23, 2024
Department: Administration
AGENDA TITLE: Proposed Solid Waste Rate Adjustments for Orinda Residential and Commercial Customers for March 1, 2024 to February 28, 2025 RECOMMENDATION:

BACKGROUND:

RecycleSmart is a Joint Powers Authority (JPA) whose members consist of the Cities of Orinda, Danville, Lafayette, Moraga, Walnut Creek and Contra Costa County for the unincorporated portions of Central County. The JPA was formed in 1994 in order to provide more effective negotiations with solid waste vendors. The City of Orinda’s two representatives to the JPA are Councilmember Inga Miller and Councilmember Janet Riley. As the City representatives to the JPA they will be voting members when RecycleSmart considers its annual adjustment of rates.

A 12-year franchise agreement with Republic Services was required to amortize the costs of the equipment used to provide these services. The RecycleSmart Board sets solid waste rates every year for residential and commercial services. RecycleSmart contracts with an independent consulting firm, Crowe LLP to audit the service providers’ true cost of service for each jurisdiction.

This information is on the City Council agenda in advance of RecycleSmart Joint Powers Authority (JPA) considering garbage and recycling rate adjustments for Rate Year 10 (March 1, 2024 - February 28, 2025). Since the JPA is a separate entity this provides an opportunity to review, discuss, and receive public input on the proposed solid waste rate adjustments, which will be considered and enacted by the RecycleSmart JPA Board.

DISCUSSION:

The RecycleSmart JPA calculates a revenue requirement for each member agency.

The revenue requirement is calculated based on the actual cost of the services. The current rate setting discussions by the JPA are intended to address Rate Year 10, which runs from March 1, 2024 through February 28, 2025. The JPA and their consultants H.1
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develop various rate adjustment scenarios in accordance with the rate setting methodology in the JPA Agreement with Republic Services. The rate setting methodology prescribes specific factors to be used for the calculation of a Rate Adjustment Factor. The Consultants then translate this into a change of required revenue from one year to the next.

Adjustment To Address Basic Operating Costs
The development of proposed rates considers the anticipated revenue from Orinda’s current rates and calculates an increase in Orinda’s Rates for Year 10, which would result in the total revenue requirement for March 2024 – February 2025. The JPA consultants have calculated that applying a 3.43% increase to the current rates will produce the required base revenue of $7,313,447 without impacting the reserve funds.

Adjustment To Address Garbage Vehicle Street Impacts
In addition to the operating cost adjustment, RecycleSmart included as part of the rates a City request to recover street maintenance impacts from vehicles providing the garbage and recycling services. A refuse vehicle impact fee is a regulatory fee for the use of government (public) property – Orinda Public Roads. It should be emphasized that the fee is charged to Republic Services. As a regulatory fee directly related to its service, Republic Services has the option to pass it through to the ratepayers, which they have done. These funds are remitted to the City from RecycleSmart. The City tracks this revenue and associated expenditures in a special revenue fund, which is used solely for the maintenance of public roadways throughout our community.

In 2017 a Refuse Vehicle Street Maintenance Cost Analysis was completed by HF&H (Attachment A). The study evaluated actual road maintenance expenditures between Fiscal Year 2013-2017 and calculated the impact from refuse vehicles using the costs over the five-year period. For the current year (Rate Year 9), the City is scheduled collect $1,269,662 in refuse vehicle impact fee based on “Current Funding” impacts, which included an adjustment by construction cost index. This is referred to in the “Current Funding” column in Table 1 of the study.

Based on the request from City representatives, the vehicle impact fee for Rate Year 10 is recommended to be remain unchanged at $1,269,662. Based on the study methodology (which included major improvement / maintenance costs in recent years) the total fee is approximately 89% of the total vehicle impact fee of $1,427,036 that can be assessed based on the “Target Funding” impact, as adjusted for construction cost index.

Reserve Fund Status
The JPA also accounts for reserve funds allocated to each member jurisdiction. The reserves could offset any future revenue shortfalls. The balance of the Reserve Fund on June 30, 2023 was approximately $775,955 and is projected to be approximately $1,127,407 by February 2025 at the conclusion of Rate Year 10.

Combined Components of Garbage Company Revenue Adjustments Proposed H.1
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The combination of the rate increase for Rate Year 10 required includes: $242,607 for general operating costs and $96,793 in additions to reserves, results in a proposed solid waste rate increase of 4.80% (Operating costs 3.43% and Reserves 1.37%).

The Consultant has prepared estimates of the change in rates charged to the customer in order to generate the target Company Revenue including the Road Maintenance Impact fees. The impact to rates is based on current subscribership to the various service levels. The following chart (Table A) shows the current charges and the proposed charges if the recommended 4.80% rate increase is approved and passed down to the ratepayers.

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Table A: Proposed Rate Scenario (March 2024-February 2025)* Service
Level/Size
Current
Monthly
Rates
Proposed
Rate March 1,
2024 (Rate
Year 10)
$ Change per
Month
(+4.80%)
Residential
20-Gallon $52.04 $54.54 + $2.50
32-Gallon $59.47 $62.32 + $2.85
64-Gallon $111.56 $116.91 + $5.35
Commercial
2 CY (1x/wk) $692.04 $725.26 + $33.22
3 CY (1x/wk) $1,038.04 $1087.87 + $49.83
*Information provided by RecycleSmart on 1-17-24
The majority (79%) of residential units in Orinda subscribe to either a 20-gallon can, or a 32-gallon can. Therefore, the monthly cost of the increase would be $2.50 - $2.85 for most residential customers. There is no additional charge for the recycling and organics pickup. Residential customers are billed by the company quarterly.

Efforts to Improve Service Quality
RecycleSmart has re-negotiated the terms of its contract with Republic Services in order to address on-going service problems. Republic Services is now required to provide customers with a credit equal to 25% of their monthly bill if Republic does not empty their containers within one business day of their scheduled pick-up day. Customers must call Republic to request the credit. A portion of Republic Service’s compensation for Rate Year 10 (2024) through Rate Year 12 (2027) is now conditioned on demonstrated improvements in service quality and reliability. Because Republic Services did not meet standards for on-time collection in 2023, their compensation will increase by 4% in 2024 instead of the 8% they would have received if they had met the standards. In addition, RecycleSmart sent Republic Services a notice that they are in breach of their contract due to the on-going late collections. Republic Services has responded by assigning additional resources to our area, resulting in improved service quality in November and December. RecycleSmart has also decided to go out to competitive bid (RFP) for solid waste and recycling collection services when Republic Service’s contract expires in 2027.

NEXT STEPS:

Councilmember Inga Miller and Councilmeber Janet Riley who serve as Orinda’s representatives on the CCCSWA Board, will participate with the full JPA Board on January 25, 2024 and convey the direction of the City Council in order to adopt Year 10 rates to be effective March 1, 2024.

FISCAL IMPACT:

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If rates are not increased as proposed, it is projected that the revenue requirement will not be met. Although the City could request use of the account established for Orinda JPA reserves, this is subject to approval by the JPA Board. The proposed increase in Reserves of $96,793 is necessary to maintain adequate reserve funding for use in mitigating future rate increases. Franchise fee revenue will increase proportionate to the changes in rates.

ATTACHMENTS:

A. Memo Orinda 2024 Rates Update
Respectfully Submitted by:

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

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1850 MT DIABLO BLVD, SUITE 320 ● WALNUT CREEK CA 94596 ● (925) 906-1801 ● FAX 925-906-1801 ● WWW.RECYCLESMART.ORG On November 15, 2023, the Central Contra Costa Solid Waste Authority (RecycleSmart) staff met with the City of Orinda’s (City) Council representatives and their staff. At this meeting the components of Rate Year 10 (March 1, 2024 – February 28, 2025) rate setting were analyzed, explained and discussed. This letter summarizes the results of the November 15th meeting. We reviewed the City’s RY10 Revenue Requirement and its components as shown in Table 1 below:

Table 1 – RY10 Revenue Surplus (Shortfall)
Orinda
Republic's Compensation
1 Base Services $4,845,073
Member Agency/JPA-related Expenses
2 Franchise Fees $591,099
3 Vehicle Impact Fees 1,269,662
4 JPA Expenses 281,507
5 Recycling Processing Cost 214,459
6 Total MA/JPA-related Expenses $2,356,727
Other Program Costs
7 Reuse/Clean up Program $111,647
8 Revenue Requirement RY 10 $7,313,447
RY 9 Revenue Requirement $7,070,840
RY 9 Reserve Increase/Decrease $0
9 "Adjusted RY 9 Revenues" $7,070,840
10 RY10 Surplus/ (Shortfall) Prior to Use of Reserves -$242,607 RY10 Reserve Increase/Decrease $96,793
11 RY10 Surplus/ (Shortfall) After Use of Reserves -$339,400 H.1.a
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Attachment: Memo Orinda 2024 Rates Update (3282 : Proposed 2024 (RY10) Solid Waste Garbage Rate Adjustments RecycleSmart) 1850 MT DIABLO BLVD, SUITE 320 ● WALNUT CREEK CA 94596 ● (925) 906-1801 ● FAX 925-906-1801 ● WWW.RECYCLESMART.ORG The total RY10 Revenue Requirement for the City is $7,313,447 (Line 8). As shown on Line 9, the adjusted prior year revenues are $7,070,840, for a projected revenue shortfall (after the addition of $96,793 in reserves) of $339,400 (Line 11). The franchise fee percentage of 12.2% of Republic’s Compensation and the City’s charge to Republic for its refuse vehicle’s impact to City streets remained unchanged.

A 4.80% rate increase was proposed resulting in a projected reserve balance of $1,127,407 at the beginning of RY10. Table 2 shows the proposed R10 rates for the most commonly subscribed services.

Table 2 – Proposed RY10 Rates
Residential RY10
20-gal $54.54
32-gal $62.32
64-gal $116.91
Commercial RY10
2CY (1x/wk) $725.26
3CY (1x/wk) $1,087.87
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Attachment: Memo Orinda 2024 Rates Update (3282 : Proposed 2024 (RY10) Solid Waste Garbage Rate Adjustments RecycleSmart) City Council
Staff Report
Agenda Item: H.2
Date: January 23, 2024
Department: Administration
AGENDA TITLE: Red Flad Days Parking Restrictions and Evacuation Route Update RECOMMENDATION:

Receive Report, Discuss, and Provide Direction, if any.

BACKGROUND:

At its December 5, 2023, meeting, during the review of agenda item F.2 (Attachment 1) to approve Traffic Order No. 225 to include Miner Road in the red flag day no parking program, City Council directed staff to return with a summary and update of the program. The decision on Traffic Order No. 225 was deferred to a future date. Miner Road itself was inadvertently omitted from Traffic Order No. 216 (approved June 7, 2022) which adopted the red flag program for evacuation routes in very high fire hazard severity zones. The red flag no parking signs were installed, including those on Miner Rd.

At today’s Council meeting, Staff will summarize the red flag program in a PowerPoint presentation and address a number of the questions/concerns that have recently been raised.

In 2021, the City undertook an initial implementation of Red Flag Day Parking Restrictions in the El Toyonal area. In 2022, an evaluation of that program was undertaken, the agenda item from June 7, 2022, is attached (Attachment 2) as that also provides additional background on Red Flag Day Parking Restrictions. Based on that review, on July 19, 2022, the program was expanded to area along and near Miner Road (Attachment 3). That project was completed in 2023.

Since that time, several issues have come up related to Red Flag Day Parking Restrictions including:
• Concerns from the residents of Dalewood regarding the need for Red Flag Day Parking Restrictions in their area;
• The number and types of signs installed along Miner Road and other streets in the expansion area;
• The criteria used to expand the program being evacuation routes in the Very High Fire Severity Zone; and,
• How Evacuations Routes were defined.

Regarding Evacuation Routes, the current designated Evacuation Routes were established as part of the Safety Element update approved on January 31, 2023.

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Attachment 4 is the current Evacuation Routes map excerpted from the Safety Element.

The 2022 designation of the Miner Road expansion area for Red Flag Parking Restrictions was based on the prior Evacuation Routes as set forth in the City’s Orinda Fire Evacuation Guide & General Information: Evacuation Guide. That Guide is being updated, though the general guidance provided is still appropriate and usable.

NEXT STEPS: As described at the December 5, 2023, meeting, a traffic order to officially include Miner Rd. in the red flag program needs to be approved. Council may decide to modify the scope and area covered by the red flag program on Miner Road, and then staff can revise proposed Traffic Order No. 225 and agendize it for City Council approval. The deletion of signs, or the addition of signs on other roads covered in previously approved traffic orders (e.g. Dalewood Rd.), would also necessitate that a corresponding traffic order be approved by City Council. Depending upon scope, such work could be performed by City crews or may require the use of contract services.

FISCAL IMPACT: None as result of this action. Should the Council elect to modify aspects of the programs or the existing sign program and locations, there could be both staff time and costs associated with that effort. Staff could return to the Council with an indication of cost once there is a better-defined scope of what might be involved.

ATTACHMENTS:

A. December 5, 2023 Staff Report
B. June 7, 2022 Staff Reports and Attachments
C. July 19, 2022 Staff Report and Attachments
D. Evacuation Routes Map - Safety Element
Respectfully Submitted by:

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

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City Council
Staff Report
Agenda Item: F.2
Date: December 5, 2023
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approve Traffic Order to include Miner Rd. as part of Red Flag Days program.

RECOMMENDATION:

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

BACKGROUND:

At its June 7, 2022 meeting, City Council considered expansion of the Red Flag Day Parking restriction program, and directed staff to expand the program to evacuation routes within Very High Fire Hazard Severity Zones. These are all located in North Orinda and the staff report indicated would include portions of Lomas Cantadas, Claremont Avenue, Monte Vista Road, Manzanita Drive, Miner Road, Vista Del Mar, Sleepy Hollow Lane, Dalewood Drive, Sundown Terrace, Tappan Lane, and Honey Hill Road.

At its July 19, 2022 meeting, City Council adopted Resolution 36-22 and Traffic Order No. 216 to restrict stopping and parking during Red Flag Warning Days along portions of evacuation routes within Very High Fire Hazard Severity Zones in Orinda. The intent was to include all evacuation routes, as described at the June 7, 2022 City Council meeting, including Miner Rd. However, Miner Rd was inadvertently omitted in the traffic order, but all of the other listed evacuation routes were included in Traffic Order No. 216:
• Monte Vista Road from Camino Pablo to Monte Vista Ridge Road • Claremont Ave from Camino Pablo to the second western Holly Lane intersection
• Manzanita Drive from Camino Pablo to Bobolink Road
• The entire length Vista Del Mar
• The eastern portion of Camino Don Miguel from Miner Road to Vista del Mar
• The western leg of Sleepy Hollow Lane from Lombardy Lane to the Normandy Lane and Washington Lane intersection
• Lombardy Lane from Miner Road to Tarry Lane
• Dalewood Drive from Lombardy Lane to Sundown Terrace
• Honey Hill Road from Miner Road to Charles Hill Road
• Charles Hill Road from Honey Hill Road to El Nido Ranch Road F.2
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Attachment: December 5, 2023 Staff Report (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) • Sundown Terrace from Happy Valley Toad to Silver Oak Terrace DISCUSSION:

The subject traffic order (Attachment A) will include the portions of Miner Rd. that are an evacuation route as part of the Red Flag Day parking restriction program: Miner Rd., from Camino Pablo to Ranch Rd. It should be noted that the no parking sign installation contract (awarded at the June 30, 2023 City Council meeting) did include Miner Rd. along with the other roads included in traffic order No. 216.

NEXT STEPS:

Upon City Council adoption of Resolution 65-23, Traffic Order 225 will be in effect.

FISCAL IMPACT:

There is no fiscal impact from the adoption of the resolution.

ATTACHMENTS:

A. Resolution 65-23 Red Flag Day Parking Restrictions add Miner Rd. TO 225 Respectfully Submitted by:

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

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Attachment: December 5, 2023 Staff Report (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update)

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Resolution Approving the Restriction of )
Parking During Red Flag Warning Events)
For Miner Rd. )
Resolution No. 65-23
Program Traffic Order No. 225
WHEREAS, the residents of Orinda have shown through their desire and need for parking restrictions during red flag warning events to improve emergency evacuation and emergency vehicle access of the area during the most critical fire danger levels; WHEREAS, California Vehicle Code Section 22507 authorizes a local agency to establish parking regulations on streets and roads under their jurisdiction; WHEREAS, Orinda Municipal Code Section 10.04.020 authorizes the Director of Public Works to make traffic orders to establish parking regulations on street or highways; and
WHEREAS, Orinda Municipal Code Section 10.04.040 requires the adoption of a resolution for a traffic order to become effective.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda as follows:

Stopping and parking shall be prohibited while red flag warnings are in effect within 5 feet from the edge of the City paved roadway along both sides of Miner Rd., from Camino Pablo to Ranch Rd.

At driveways, parallel parking locations, or any location a vehicle can park along the paved roadway, the 5 feet shall be measured starting at the following:
• Where the City paved roadway abuts a driveway
• Where the City paved roadway abuts a parallel paved or concrete parking area
• Where the City paved roadway abuts a dirt shoulder wide enough to accommodate vehicle parking.
///
///
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Attachment: Resolution 65-23 Red Flag Day Parking Restrictions add Miner Rd. TO 225 (3255 : add Miner Rd to Red Flag Day program) H.2.a
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Attachment: December 5, 2023 Staff Report (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) Adopted by the City Council of the City of Orinda at a regular meeting on December 5, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
__________________________
Inga Miller, Mayor
ATTEST:
_____________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 65-23 Red Flag Day Parking Restrictions add Miner Rd. TO 225 (3255 : add Miner Rd to Red Flag Day program) H.2.a
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Attachment: December 5, 2023 Staff Report (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) City Council
Staff Report
Agenda Item: H.1
Date: June 7, 2022
Department: Administration
AGENDA TITLE: Red Flag Day Parking Restriction Program Expansion RECOMMENDATION:

Receive Report and Provide Direction to staff
BACKGROUND: On August 18, 2020, the City Council approved a pilot Red Flag Day Parking Restriction program for El Toyonal/Loma Vista area (Attachment A). While red flag warnings are in effect, stopping and parking are prohibited within 5 feet from the edge of the paved roadway. This program commenced operation in the latter part of the 2020 fire season. On October 19, 2021, the City Council was presented with a report on the success of the pilot program after nearly one full fire season of operation (Attachment B). That report suggested some refinements to the existing pilot program and also raised the possibility of expanding the program to other areas. At that time, the City Council opted to continue with the pilot in El Toyonal/Loma Vista and to make some modifications for the 2022 fire season.

DISCUSSION: Staff is currently engaged in the outreach requested regarding the El Toyonal/Loma Vista Red Flag Day Parking Restrictions as we enter the 2022 fire season, including having made an informational presentation at the May 17, 2022, City Council meeting, and having mailed a postcard to all residents on the impacted streets reminding them of the restrictions and sharing the changes to the program for 2022.

There continues to be significant interest expressed by many in the community and the City’s Supplemental Sales Tax Oversight Commission in seeing the pilot program expanded to other areas. Based on this interest, and while the revisions made for the 2022 fire season have not yet been tested, it is timely for the City Council to revisit the pilot and to discuss possibly expanding the program. This staff report will provide some options and a range of cost estimates to inform the City Council discussion of an expansion of the Red Flag Day Parking Restrictions.

Staff has preliminarily identified three options for the possible expansion of the program into other parts of the City based on a scan of what has occurred in other communities:
 Expand the Red Flag Parking Restrictions to Evacuation Routes in the Very High Fire Severity Zone. These are all located in North Orinda and would include portions of Lomas Cantadas, Claremont Avenue, Monte Vista Road, Manzanita Drive, Miner Road, Vista Del Mar, Sleepy Hollow Lane, Dalewood Drive, Sundown Terrace, Tappan Lane, and Honey Hill Road;
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update)  Expand the Red Flag Parking Restrictions to the entirety of the Very High Fire Severity Zone (Map Attachment C);
 Expand the Red Flag Parking Restrictions in neighborhoods located in the Very High Fire Severity Zone based on a process by which the neighborhoods petition for inclusion via a process to be determined.
 Expand the Red Flag Parking Restrictions to be citywide and make them applicable to all public roads except those which have paved and striped or designated parking spaces such as in Downtown Orinda.

After this next iteration of Red Flag Day Parking Restrictions, if the program were not expanded citywide, the program could be further evaluated and possibly be expanded on the same basis to areas within the Wildland Urban Interface as the next priority.

The El Toyonal/Loma Vista area pilot was initiated after a review by a third-party firm (W-Trans (Traffic Engineers)) which assessed the streets being considered and assisted in the design of the program, and the preparation of a plan as to where to place the permanent parking restriction signs and the Red Flag Day notice signs. While that type of assessment might be desirable for several reasons, it would result in the additional cost of approximately $20,000 or more depending on the scope of the areas to be evaluated and a delay in implementation. After the assessment, City staff undertook detailed site reviews of proposed sign locations and resolved various complaints with impacted residents upon implementation.

In order to provide the City Council with an indication of cost for any of the options presented, a summary of the costs associated with the implementation of the El Toyonal/Loma Vista pilot is indicated below:

No. Installed Cost Per Unit
(material only) *
Total Cost
Assessment NA NA $16,500
No Parking Signs ** 40 $150 $6,000
Red Flag Day Flip
Sign**
4 $375 $1,500
* 2020 costs- current costs are higher due to inflation and supply chain constraints ** including posts, hardware and footing
The signs above were installed by the City Public Works crew, using an estimated 50 hours. A larger effort may require that the installation be contracted out to a third-party firm at a higher cost; to do the above El Toyonal/Loma Vista area, the estimated cost of contracting out the 44 signs is $30,000. Should the City Council elect to proceed with an expansion of the Red Flag Day Parking Restrictions, the lead time to order signs, receive them, and have them installed is estimated to be 60 days.

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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) A final component to consider is if additional parking enforcement staff would be needed to enforce the restrictions. While the City now has both half-time Parking Enforcement positions filled, this may not be adequate to provide the desired level of enforcement, especially on weekends and evenings. As was noted in the October 2021 report, regular enforcement has been difficult given the City’s staffing model.

NEXT STEPS: Should the Council elect to expand the Red Flag Day Parking Restrictions program, for those areas to be added, a Resolution and Traffic Order would be brought back for City Council consideration. In addition, additional Measure R funds may need to be allocated for the cost of the program.

FISCAL IMPACT: Once the scope of any expansion program is established, more refined estimates of the total cost can be developed. As noted above, Measure R funds are available to meet these costs.

ATTACHMENTS:

A. August 18, 2020 Staff Report
B. Red Flag Update 10192021
C. CalFire Orinda VHFSZ Map
Respectfully Submitted by:

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

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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1.a
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Attachment: August 18, 2020 Staff Report (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1.a
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Attachment: August 18, 2020 Staff Report (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1.a
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Attachment: August 18, 2020 Staff Report (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1.a
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Attachment: August 18, 2020 Staff Report (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) City Council
Staff Report
Agenda Item: H.1
Date: October 19, 2021
Department:

Public Works and
Engineering Services
AGENDA TITLE: Update on Red Flag Parking Restriction Program on El Toyonal and Loma Vista Drive
RECOMMENDATION:

Review Staff’s updates and provide further guidance for enforcement of the Red Flag Day Parking Restriction Program on El Toyonal and Loma Vista Drive; and discuss and provide direction as to the desirability to possibly expand the program to other areas.

BACKGROUND:

At the August 18, 2020 meeting, City Council approved Resolution 37-20 and Traffic Order No. 202 (Attachment A) to restrict stopping and parking during Red Flag Warning Days. The restriction adopted was limited to El Toyonal from the eastern edge of Camino Pablo to the intersection of Vista Del Orinda and all of Loma Vista. This was based on the recommendation of a study conducted by W-Trans, a traffic engineering consultant, to keep the roadways clear for potential evacuation and fire vehicle access.

As a new program, Staff indicated to the City Council that following implementation a report reviewing the program would be presented.

El Toyonal is the major collector road for most of northwest Orinda, which also provides a local road connection to Grizzly Peak Blvd. El Toyonal is approximately two miles long, and consists of mostly curving and narrow roadway, with pavement widths between 16 to 20 feet wide. The public right of way easement is generally 40 feet wide.

A Red Flag Warning is issued by the National Weather Service when there is an increased risk of fire danger caused by a combination of warm temperatures, low humidity, and strong winds.

The adopted policy is as follows:

Red Flag Stopping and Parking Restrictions:

Red Flag Warning Day Procedure:
 The Public Works Department will receive notification from the MOFD when a Red Flag Warning will be in effect.
 Public Works schedules parking enforcement patrol.
 Public Works Maintenance will open/display the Red Flag Warning alert signs (Attachment B) notifying residents that the Stopping and Parking restrictions are in effect.
 After the Red Flag Warning ends, the Public Works Department will close/conceal the alert signs.

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Attachment: Red Flag Update 10192021 (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) Additional Policies:
 5 minutes of Active loading and unloading of vehicles is allowed.  Encroachment permits may be issued for special cases at the discretion of the Public Works Director on a case by case basis.
 Residents can check the status of Red Flag Warnings on the MOFD website and the National Weather Service Website. Signs will also be posted alerting the residents of the area when a Red Flag Warning is in effect. See map (Attachment C).
 Stopping and parking restrictions during Red Flag Warnings will be enforced in both directions within a point measured 5 feet away from the edge of the City paved roadway. At driveways, parallel parking locations, and any other location a vehicle can park along the paved roadway, the 5 feet will be measured at the following:
o Where the City paved roadway abuts a driveway.
o Where the City paved roadway abuts a paved or concrete parking area
o Where the City paved roadway abuts a dirt shoulder wide enough to accommodate vehicle parking
Regulation and Enforcement:
 Parking enforcement is currently handled by a part time employee supervised by Public Works.
 Parking enforcement will issue warning notices during the first 3 Red Flag Warning events each fire season. This will serve as a reminder to residents of the parking restrictions and reduce contested citations. (Note that in cases where no enforcement was done, it was considered as a “free pass” event and not counted as one of the first 3 events.)
 After the first 3 Red Flag Warning events, Parking Enforcement will issue citations to vehicles violating the Stopping and Parking Restrictions. The adopted fine is $50 which includes State surcharges and fees that are not retained by the City (minimum $12.50 per citation). The City also incurs processing costs from the firm selected to accept payments and process parking citations.

DISCUSSION:

There have been thirteen Red Flag Events since the August 18, 2020 adoption of the Red Flag Parking Restriction Program (see table below). During this period, 37 warning notices and 10 parking citations were issued. Six of the vehicles issued citations had previous warnings.

Event
#
Start
Date
End Date Warnings
Issued
Citations
Issued
Comments
H.1
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H.1.b
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Attachment: Red Flag Update 10192021 (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) Event
#
Start
Date
End Date Warnings
Issued
Citations
Issued
Comments
1 Sun.
8-23-20
Mon.
8-24-20
0 0 No parking enforcement
staff available
2 Sun.
9-6-20
Tue.
9-8-20
19 0 Verbal and written warnings
3 Sat.
9-26-20
Mon.
9-28-2020
12 0 Written warnings only
4 Thu.
10-1-20
Fri.
10-2-20
0 0 Short event, parking
enforcement unavailable
5 Wed.
10-14-20
Sat.
10-17-20
2 0 Verbal warnings only
6 Wed.
10-21-20
Fri.
10-3-20
0 6
7 Sun.
10-25-20
Tue.
10-27-20
0 0 Prior citations were under
PD review and it was
recommend to not issue
more until that review was
completed.
8 Sun.
12-6-20
Mon.
12-7-20
0 4 Parking Enforcement
unavailable, Engineer
issued tickets
9 Fri.
5-7-21
Tue.
5-11-21
0 0 Parking Enforcement
should have been
scheduled but was not
scheduled
10 Sun.
7-18-21
Mon.
7-19-21
0 0 Event was cut short early
before the parking
enforcement could enforce
parking restrictions
11 Tue.
8-17-21
Wed.
8-18-21
2 0 Parking Enforcement
unavailable, Engineer
issued tickets
12 Thu.
9-9-21
Fri.
9-10-21
0 0 Event was cut short early
before the Parking
Enforcement could enforce
parking restrictions
13 Sun.
9-19-21
Mon.
9-20-21
2 0
14 Sun.
10-10-21
Tue.
10-12-21
4 0 Last warning day of the
season
Totals 37 10
Staff viewed that unless a parking enforcement staff member could enforce parking restrictions or give warnings, staff would not consider that Red Flag event as one of the three warning events.

H.1
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H.1.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) Based on the limited data above, conformance with the parking restrictions has improved, as the number of warnings issued have decreased. However, since the red flag events are often announced and modified with very short notice, scheduling parking enforcement has been challenging, and as such the data available is limited. For several events there was insufficient time to arrange for parking enforcement patrol.

Staff noted that the majority of the Red Flag Events occurred during weekends, when parking enforcement was not available. Since enforcement data only covers weekday day time/normal business hours, it is possible that more residents were not at home so the data presented regarding parked cars in violation may not be fully representative.

Since the Public Works Department is not a 24 hour operation, it has been challenging to monitor the events, coordinate the changing of the signs, and to schedule the parking enforcement patrol. Weather conditions change frequently and some of the Red Flag Events were announced with very little notice or announced during the weekend. At times, the durations of the Red Flag Events have also been modified. Public Works has been fortunate that the Assistant Engineer has flexed work hours to monitor and coordinate the work outside the normal business hours. Public Works would like to acknowledge and express appreciation to our Assistant Engineer for his efforts.

For updating the signs, if the Red Flag Event begins closer to a regular business day, staff will open or close the alert sign at the closest time that falls within a regular business day. If the Red Flag Event occurs during the middle of the weekend, Public Works Maintenance Staff will be called out (on a call-out overtime basis) to open the alert sign. Although signage may be changed prior to a Red Flag Event, Staff only scheduled parking enforcement patrol within the actual event. If an event duration is shortened before a scheduled parking enforcement patrol, the enforcement is cancelled and no warnings or citations are issued.

Of the fourteen events, only eight were enforced by parking enforcement due to weather changes shortening the expected length of the events, and/or events falling on the weekend, and the lack of staff availability. Currently, there is only one part time Parking and Traffic Specialist. When parking enforcement staff is not available, the Assistant Engineer, if available, has performed parking enforcement tasks.

Residents who have received warnings or citations have commented that they have difficulty knowing when the parking restrictions are in effect. As noted above, Public Works sets up alert signs for Parking Restrictions on Red Flag days.

Generally when staff is available, PD announces Red Flag events on Nixle. Staff encourages the public to sign-up for the Nixle alerts. Residents may also be alerted by media reports or check the National Weather Service (NWS) website, https://www.weather.gov/. There are Red Flag Warning alert signs posted at the following areas:

H.1
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H.1.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update)

1. North-west corner of El Toyonal and Camino Pablo

2. Eastern intersection of El Toyonal and Loma Vista Drive (westbound)

3. Western intersection of El Toyonal and Loma Vista Drive (both directions)

4. El Toyonal at Vista Del Orinda (eastbound)

5. Lomas Contadas City limits (eastbound)
Staff has received several complaints from residents describing difficulty finding alternative parking during the Red Flag Events. Staff informed the residents that they are required to find alternative parking elsewhere in the City during events. There have also been resident complaints regarding contractors working in the City right of way (ROW) during Red Flag Warning events. Contractors are required to have a permit to work in the ROW and have at times, based on need, been allowed to continue work during events. Parking Enforcement does not issue citations if the owners of parked vehicles are able to move them before citations are issued. This is to reduce any possible direct confrontations between the public and parking enforcement staff.

The current policy is to issue only warnings for the first three events each year and citations could be written on the fourth or subsequent Red Flag Event. Since the program has been in effect for two fire seasons, Staff recommends eliminating warnings and only issue citations. Fire season appears to be getting longer each year, so the potential for fire hazards is more readily on the mind of the public, potentially making warnings unnecessary. Issuing citations (and no warnings) will generally motivate more residents to follow the parking restrictions. Staff will make efforts to schedule some of the future parking enforcement patrols during weekends and evening hours to gather a more complete data. In addition, to the extent available, this will be supplemented by Police Officers also providing some level of enforcement as well.

While still requiring some fine-tuning, the Red Flag Day parking restrictions seem to be having some level of the desired effect. Should the Council agree to modify the warning protocols, staff believes we will see more compliance and the benefits therefrom. The El Toyonal Pilot Program can continue to be assessed again if the warnings protocol is modified prior to considering if the program should be expanded to area areas.

Alternatively, other areas could be identified and added to the Pilot Program. One example could be to expand the Pilot Program to areas around school sites where evacuation is a concern or other areas previously discussed depending upon the City Council’s interest in doing so and direction provided.

As a note of interest, Contra Costa County is working to implement a similar Red Flag Day parking restriction program in the Kensington area modelled on the program in Orinda.

Next Steps:

Staff will proceed based on Council’s direction for the Red Flag Parking Restriction Program on El Toyonal and Loma Vista and in regard to possible additional areas to be considered.

H.1
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H.1.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) Fiscal Impact:

Costs for program signage, staffing and parking enforcement are accommodated within the operating budget.

ATTACHMENTS:

A. Resolution 37-20 Parking Restriction Red Flag El Toyonal Loma Vista, TO 202 B. Red Flag Waring Alert Sign Example
C. Map of Red Flag Stopping and Parking Restriction Areas Respectfully Submitted by:

Jason Chen
City Engineer
Prepared By: Kevin McCourt, Assistant Engineer
Approved by:

H.1
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Attachment: Red Flag Update 10192021 (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
Packet Pg. 86
Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1.a
Packet Pg. 219 Attachment: Resolution 37-20 Parking Restriction Red Flag El Toyonal Loma Vista, TO 202 (2578 : Update on El Toyonal and Loma Vista Red H.1.b
Packet Pg. 57
Attachment: Red Flag Update 10192021 (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
Packet Pg. 87
Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1.a
Packet Pg. 220 Attachment: Resolution 37-20 Parking Restriction Red Flag El Toyonal Loma Vista, TO 202 (2578 : Update on El Toyonal and Loma Vista Red H.1.b
Packet Pg. 58
Attachment: Red Flag Update 10192021 (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
Packet Pg. 88
Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) Red Flag Alert Sign
Example
(Subject to minor changes)
Concealed
Displayed
H.1.b
Packet Pg. 221 Attachment: Red Flag Waring Alert Sign Example (2578 : Update on El Toyonal and Loma Vista Red Flag Parking Restrictions)Packet Pg. 59 Attachment: Red Flag Update 10192021 (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
Packet Pg. 89
Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1.c
Packet Pg. 222 Attachment: Map of Red Flag Stopping and Parking Restriction Areas (2578 : Update on El Toyonal and Loma H.1.b
Packet Pg. 60
Attachment: Red Flag Update 10192021 (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
Packet Pg. 90
Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Orinda
The State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps.

Obtain FRAP maps, data, metadata and publications on the Internet at http://frap.cdf.ca.gov For more information, contact CAL FIRE-FRAP, PO Box 944246, Sacramento, CA 94244-2460, (916) 327-3939.

Arnold Schwarzenegger, Governor,
State of California
Mike Chrisman, Secretary for Resources,
The Resources Agency
Ruben Grijalva, Director,
Department of Forestry and Fire Protection
Government Code 51175-89 directs the California Department of Forestry and Fire Protection (CAL FIRE) to identify areas of very high fire hazard severity zones within Local Responsibility Areas (LRA). Mapping of the areas, referred to as Very High Fire Hazard Severity Zones (VHFHSZ), is based on data and models of, potential fuels over a 30-50 year time horizon and their associated expected fire behavior, and expected burn probabilities to quantify the likelihood and nature of vegetation fire exposure (including firebrands) to buildings. Details on the project and specific modeling methodology can be found at http://frap.cdf.ca.gov/projects/hazard/methods.htm. Local Responsibility Area VHFHSZ maps were initially developed in the mid-1990s and are now being updated based on improved science, mapping techniques, and data.

In late 2005 to be effective in 2008, the California Building Commission adopted California Building Code Chapter 7A requiring new buildings in VH FHSZs to use ignition resistant construction methods and materials. These new codes include provisions to improve the ignition resistance of buildings, especially from firebrands. The updated very high fire hazard severity zones will be used by building officials for new building permits in LRA. The updated zones will also be used to identify property whose owners must comply with natural hazards disclosure requirements at time of property sale and 100 foot defensible space clearance. It is likely that the fire hazard severity zones will be used for updates to the safety element of general plans.

This specific map is based on a geographic information system dataset that depicts final CAL FIRE recommendations for Very High FHSZs within the local jurisdiction. The process of finalizing these boundaries involved an extensive local review process, the details of which are available at http://frap.cdf.ca.gov/projects/hazard/btnet/ (click on "Continue as guest without logging in"). Local government has 120 days to designate, by ordinance, very high fire hazard severity zones within its jurisdiction after receiving the recommendation. Local government can add additional VHFHSZs.

There is no requirement for local government to report their final action to CAL FIRE when the recommended zones are adopted. Consequently, users are directed to the appropriate local entity (county, city, fire department, or Fire Protection District) to determine the status of the local fire hazard severity zone ordinance.

Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE Projection Albers, NAD 1983
Scale 1: 16,000
at 36" x 36"
January 7, 2009
0 ©
2 Miles
0 3
Kilometers
This map was developed using data products such as parcel and city boundaries provided by local government agencies. In certain cases, this includes copyrighted geographic information.

The maps are for display purposes only - questions and requests related to parcel or city boundary data should be directed to the appropriate local government entity.

DATA SOURCES
CAL FIRE Fire Hazard Severity Zones (FHSZL06_3)
MAP ID: FHSZL_c7_Orinda
Fire Hazard Severity Zones
County Boundary
Parcels
City Boundary
Local Responsibility Area State or Federal Responsibility Areas VHFHSZ
Non-VHFHSZ
VHFHSZ
Non-VHFHSZ
H.1.c
Packet Pg. 61
Attachment: CalFire Orinda VHFSZ Map (2808 : Red Flag Day Parking Restriction Program Expansion) H.2.b
Packet Pg. 91
Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) City Council
Staff Report
Agenda Item: H.2
Date: June 7, 2022
Department: Administration
AGENDA TITLE: Non-Renewal/Termination of Agreement for Street Maintenance and Public Access of Village Gate Road, Ridge Gate Road, and Watchwood Court (Orindawoods).

RECOMMENDATION:

Consider directing the City Manager to Provide Notice of Non-Renewal/Termination of Agreement for Street Maintenance and Public Access of Village Gate Road, Ridge Gate Road, and Watchwood Court (Orindawoods).

DISCUSSION: On April 19, 2022, this matter was agendized for possible action with the matter not taken up, but continued to June 7, 2022. The staff report and supporting documents from that meeting are attached (Attachment A). The City also received public comment before the April 19th meeting (Attachment B).

From the communications received, it was clear that many in the community and the Orindawoods area did not understand what was being considered in that their correspondence referred to streets that are public and would remain public.

Attachment 2 is a map which more clearly shows which streets are subject to the Maintenance Agreement, which are private currently, and which are public and would remain public. That clarifying map was shared recently with the Homeowners Association and those who submitted comments prior to the April 19th meeting.

NEXT STEPS: If the City Council approves the recommended action, the City Manager will provide the actual Notice of Non-Renewal/Termination to the HOA.

FISCAL IMPACT: Assuming that the obligation to maintain the specified roads is ended, the City would no longer have any annual maintenance costs or more substantial repair/rehabilitation costs in the future.

ATTACHMENTS:

A. April 19, 2022 Staff Report
B. Weblink to Communications of April 19, 2022
C. Orindawoods road designation map May 2022
Respectfully Submitted by:

David Biggs
City Manager
H.2
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H.2.b
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Attachment: June 7, 2022 Staff Reports and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) City Council
Staff Report
Agenda Item: H.1
Date: July 19, 2022
Department:

Public Works and
Engineering Services
AGENDA TITLE: No On-Street Stopping or Parking During Red Flag Days along portions of evacuation routes within very High Fire Hazard Severity zones in Orinda.

RECOMMENDATION:

Staff recommends the City Council consider approving Resolution 36-22 and Traffic Order No. 216 to restrict stopping and parking during Red Flag Warning Days along portions of evacuation routes within Very High Fire Hazard Severity Zones in Orinda, which consist of Monte Vista Road, Claremont Ave, Manzanita Drive, Vista Del Mar, Camino Don Miguel, Sleepy Hollow Lane, Lombardy Lane, Dalewood Drive, Honey Hill Road, Charles Hill Road, and Sundown Terrace.

BACKGROUND:

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

There has been significant interest expressed by many in the community and the City’s Supplemental Sales Tax Oversight Commission in seeing the red flag program expanded to other areas. City Council discussed the staff updates of the El Toyonal Parking Restrictions at the June 7, 2022 City Council meeting and after listening to comments, directed staff to expand the red flag parking restrictions in Orinda.

DISCUSSION:

After the June 7, 2022 City Council meeting, staff conducted field visits and created a cost estimate for the expansion of the red flag day parking restrictions to the following streets as shown in Attachment B:
 Monte Vista Road from Camino Pablo to Monte Vista Ridge Road  Claremont Ave from Camino Pablo to the second western Holly Lane intersection
 Manzanita Drive from Camino Pablo to Bobolink Road
 The entire length Vista Del Mar
 The eastern portion of Camino Don Miguel from Miner Road to Vista del Mar
H.1
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H.2.c
Packet Pg. 93
Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update)  The western leg of Sleepy Hollow Lane from Lombardy Lane to the Normandy Lane and Washington Lane intersection
 Lombardy Lane from Miner Road to Tarry Lane
 Dalewood Drive from Lombardy Lane to Sundown Terrace
 Honey Hill Road from Miner Road to Charles Hill Road
 Charles Hill Road from Honey Hill Road to El Nido Ranch Road  Sundown Terrace from Happy Valley Toad to Silver Oak Terrace Due to the large number of signs (see table below in Fiscal Impact section) needed for the proposed expansion of this program, it will be necessary to contract out the construction using the normal bid based procurement method. Also, due to the current staff shortage in Public Works/Engineering, an on-call project management and construction management firm will be engaged to compile the specification and bid the project out in accordance with the Public Contract Code. This expansion of the red flag parking program is anticipated to be completed in 6 months. The parking program will then be maintained in the same manner as the El Toyonal/Loma Vista parking program.

When a Red Flag Warning is issued, Staff will follow the procedure described below.

For the program kickoff, Staff will, as a one-time courtesy, notify residents fronting the affected area through mail. In subsequent years, at the beginning of each fire season, Staff will post a notification through NextDoor reminding residents of the stopping and parking restrictions during the upcoming wildfire season. Staff currently does not have the ability to monitor and post updates prior to each event, but will continue to research for ways to keep residents properly up to date on Red Flag Warning events.

Kickoff (First Red Flag Warning following program implementation in 6 Months):
 The appropriate stopping and parking restriction signage along the listed streets will be installed
 Staff will mail a one-time letter to the affected residents in the affected neighborhood alerting of the Stopping and Parking restrictions during red flag warning days.
 Staff will update the City website to include information on the Red Flag Warning parking restrictions.
 A NextDoor alert will be posted at the beginning of each fire season reminding residents of the stopping and parking restrictions.

Red Flag Stopping and Parking Restrictions (ongoing):

Red Flag Warning Day Procedure:
 The Public Works Department will receive notification from the MOFD when a Red Flag Warning is in effect.
 Public Works will flip open the hinged Red Flag Warning alert signs (see Attachment C) notifying residents that the Stopping and Parking restrictions H.1
Packet Pg. 66
H.2.c
Packet Pg. 94
Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) are in effect. Residents can also check the status on the MOFD website and the National Weather Service Website.
 After the Red Flag Warning ends, Public Works will conceal the alert signs.

Additional Policies:
 5 minutes of Active loading and unloading of vehicles will be allowed.  Encroachment permits may be issued for any other special cases at the discretion of the Public Works Director on a case by case basis.  Stopping and parking restrictions during Red Flag Warnings will be enforced in both directions within a point measured 5 feet away from the edge of the City paved roadway. At driveways, parallel parking locations, and any other location a vehicle can park along the paved roadway, the 5 feet will be measured:
o Where the City paved roadway abuts the driveway.
o Where the City paved roadway abuts the paved or concrete parking area
o Where the City paved roadway abuts the dirt shoulder wide enough to accommodate vehicle parking
Regulation and Enforcement:
 Parking Enforcement will issue warning citations during the first Red Flag Warning events of the program. This will serve as a reminder to residents of the parking restrictions and reduce contested citations.  After the first Red Flag Warning events, Parking Enforcement will issue citations to vehicles violating the Stopping and Parking Restrictions.  At the beginning of each subsequent fire season, Parking Enforcement will issue warning citations during the first Red Flag Waring event.  Parking Enforcement will typically enforce the parking restrictions during regular business hours depending on staff availability and resources.

The implementation of the Red Flag Stopping and Parking Restriction program in evacuation routes within very High Fire Hazard Severity zones in Orinda requires the adoption of Resolution 36-22 and Traffic Order No. 216 (Attachment A).

NEXT STEPS:

Staff will proceed based on Council’s direction for the Red Flag Parking Restriction with the following tasks:
 Staff will update the City website and alert residents of the affected areas of the coming Red Flag Warning parking restrictions.
 Staff will mark out specific locations for Red Flag signage installation.  Staff will engage an on-call project management and construction management firm to compile the specification and bid the project out H.1
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H.2.c
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Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update)  Contract will be awarded to the responsive low bidder who will furnish and install “No Stopping or Parking on Red Flag days” signs and the hinged Red Flag Warning alert signs.

FISCAL IMPACT:

The initial cost of the program will be the installation of signage described above. An appropriation of funds from Measure R for the signage will need to occur at the time the contract is brought back to Council for approval. Recurring operational costs for each year will include Public Works time to activate the sign during start of each red flag day event and deactivate the sign at the end of each event, as well as enforcement by Parking Enforcement.

Sign Type Number
Cost Per Sign
Including
Installation Cost
No Stopping 360* $450 $162,000
Red Flag "Flip" Sign 18 $850 $15,000
Design/Construction Admin $25,000
Total $202,000
* Number of signs is for estimate purposes only (signs every 200 feet in each direction) Recurring costs are estimated as follows:
 Public Works crew and staff time valued at $10,000/year, which includes maintenance of the signs.
 Parking Enforcement at approximately $4,000/year, based on patrolling 4 daylight hours each Red Flag Day for an estimated 20 events. Note that such time may divert downtown parking enforcement
ATTACHMENTS:

A. Resolution 36-22 Red Flag Day Parking Restrictions TO #216 B. Proposed Red Flag Parking Restriction Map
C. Red Flag Program Signs
Respectfully Submitted by:

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

H.1
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Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1
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Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update)

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Resolution Approving the Restriction of )
Parking During Red Flag Warning Events)
For Various Streets in Northern Orinda )
Resolution No. 36-22
Program Traffic Order No. 216
WHEREAS, the residents of Orinda have shown through their desire and need for parking restrictions during red flag warning events to improve emergency evacuation and emergency vehicle access of the area during the most critical fire danger levels; WHEREAS, California Vehicle Code Section 22507 authorizes a local agency to establish parking regulations on streets and roads under their jurisdiction; WHEREAS, Orinda Municipal Code Section 10.04.020 authorizes the Director of Public Works to make traffic orders to establish parking regulations on street or highways; and
WHEREAS, Orinda Municipal Code Section 10.04.040 requires the adoption of a resolution for a traffic order to become effective.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda as follows:

Stopping and parking shall be prohibited while red flag warnings are in effect within 5 feet from the edge of the City paved roadway along both sides of the following streets:
 Monte Vista Road from Camino Pablo to Monte Vista Ridge Road  Claremont Ave from Camino Pablo to the second western Holly Lane intersection
 Manzanita Drive from Camino Pablo to Bobolink Road
 The entire length Vista Del Mar
 The eastern portion of Camino Don Miguel from Miner Road to Vista del Mar
 The western leg of Sleepy Hollow Lane from Lombardy Lane to the Normandy Lane and Washington Lane intersection
 Lombardy Lane from Miner Road to Tarry Lane
 Dalewood Drive from Lombardy Lane to Sundown Terrace
 Honey Hill Road from Miner Road to Charles Hill Road
 Charles Hill Road from Honey Hill Road to El Nido Ranch Road H.1.a
Packet Pg. 70
Attachment: Resolution 36-22 Red Flag Day Parking Restrictions TO #216 (2855 : Red Flag Parking Restriction Expansion) H.2.c
Packet Pg. 98
Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update)  Sundown Terrace from Happy Valley Toad to Silver Oak Terrace At driveways, parallel parking locations, or any location a vehicle can park along the paved roadway, the 5 feet shall be measured:
 Where the City paved roadway abuts the driveway
 Where the City paved roadway abuts the parallel paved or concrete parking area
 Where the City paved roadway abuts the dirt shoulder wide enough to accommodate vehicle parking.

Adopted by the City Council of the City of Orinda at a regular meeting on July 19, 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
__________________________
Dennis Fay, Mayor
ATTEST:
_____________________________
Sheri Marie Smith, City Clerk
H.1.a
Packet Pg. 71
Attachment: Resolution 36-22 Red Flag Day Parking Restrictions TO #216 (2855 : Red Flag Parking Restriction Expansion) H.2.c
Packet Pg. 99
Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) H.1.b
Packet Pg. 72
Attachment: Proposed Red Flag Parking Restriction Map (2855 : Red Flag Parking Restriction Expansion) H.2.c
Packet Pg. 100 Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Red Flag Alert Sign
Example
Concealed
Displayed
H.1.c
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Attachment: Red Flag Program Signs (2855 : Red Flag Parking Restriction Expansion) H.2.c
Packet Pg. 101 Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) No Parking or Stopping
Sign Example
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Packet Pg. 74
Attachment: Red Flag Program Signs (2855 : Red Flag Parking Restriction Expansion) H.2.c
Packet Pg. 102 Attachment: July 19, 2022 Staff Report and Attachments (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update)

CITY OF

ORINDA SAFETY ELEMENT
January 31, 2023 17
FIGURE 2 EVACUATION ROUTES
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Packet Pg. 103 Attachment: Evacuation Routes Map - Safety Element (3286 : Red Flad Days Parking Restrictions and Evacuation Route Update) City Council
Staff Report
Agenda Item: H.3
Date: January 23, 2024
Department: Administration
AGENDA TITLE: Emergency Communication and Outreach Update Including Report on Siren Systems
RECOMMENDATION:

Receive Report, Discuss, and Provide Direction, if Any.

BACKGROUND: At the September 5, 2023, City Council meeting, as a matter initiated by Council Member Janet Riley, the City Council requested an opportunity to discuss sirens as an emergency communications tool. This report is provided as an initial highlevel overview of the existing range of emergency communications tools to which the City has access and would use in the event of an emergency including:
• Community Warning System
• Nixle
• Nextdoor, Facebook, and other social media platforms
• Announcements made from Police Vehicles via public address systems.

In regard to sirens, the County Office of Emergency Services (OES) does not operate a siren system, with there being just a few sirens in communities, like Martinez, associated with refineries. Those sirens are operated locally. At this point, there is no discussion of a countywide siren system and the County OES has shared that if Orinda were to install such a system, it would need to be locally operated and activated.

This update will also include an introduction to the viability of sirens as the technology is evolving as compared to other tools. The initial review by staff of the concept of sirens is that there is a divided opinion as to the effectiveness or viability of sirens amongst the emergency management profession. In one local example, nearby Berkeley, the City has opted to install a siren network, and we will share information from Berkeley as one point of reference. Here is a link to the project information on the Berkeley website:

Berkeley Siren Project. In addition, a PowerPoint updated on the project provided to a Berkeley City Council Committee is also attached (Attachment 2).

In addition, the Town of Paradise, which was previously devastated by a fire, has also recently installed a siren based warning system. Here is a link to the project information on the Paradise website: Paradise Siren Project.

In Southern California, the City of Laguna Beach also has deployed an outdoor warning system. Here is a link to the project information on the Laguna Beach website: Laguna Beach Siren Project.

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Locally, the Kensington Fire Protection District has also had some recent discussions about the possible deployment of an outdoor warning system. Some of the initial questions and answers from their discussions are attached (Attachment 3).

NEXT STEPS: As a matter initiated, this agenda item is intended to allow the City Council to have an initial discussion and to determine if there were future steps they would wish to take related to the topic.

FISCAL IMPACT: None as result of this item.

ATTACHMENTS:

A. Orinda Update Powerpoint
B. Berekley Powerpoint
C. Kensington Information
Respectfully Submitted by:

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

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City of Orinda
Emergency Communication and Outreach Update
H.3.a
Packet Pg. 106 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach

COMMUNITY

EMERGENCY

COMMUNICATION TOOLS
January 2024
H.3.a
Packet Pg. 107 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach Emergency Communication Tools
•Community Warning System (CWS)
•Nixle
•Social Media
•Police Vehicle Announcements
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Packet Pg. 108 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach Community Warning System (CWS)
Contra Costa County activates this Community Warning System (CWS)
Orinda has 14,179 registered accounts
To Register for Emergency Alerts:

CWSAlerts.com,
Use the QR code, or
Call (925) 655-0111
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Packet Pg. 109 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach Nixle
Notifications are activated through the Orinda Police Department Orinda has 17,834 registered through phone, email, and/or text messages.

Sign up using:
•Nixle.com or
• Text 888777, and
enter your Zip Code
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Packet Pg. 110 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach Social Media Platforms • Staff regularly uses these Social Media Platforms: •Nextdoor • Meta (Facebook) • Instagram • X (Twitter) H.3.a
Packet Pg. 111 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach Police Vehicles • Public Address System Announcements
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Packet Pg. 112 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach Sirens/Outdoor Warning Systems
•No existing system in Contra Costa other than refineries • Technology is evolving
• Information from three communities provided – Berkeley, Paradise, and Laguna Beach
• Systems Being Explored by Others
• Would Need to be Locally Activated/Managed
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Packet Pg. 113 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach

COMMUNITY EMERGENCY

COMMUNICATION TOOLS
Questions
H.3.a
Packet Pg. 114 Attachment: Orinda Update Powerpoint (3288 : Emergency Communication and Outreach 1/11/2024
1 1
Outdoor Warning Siren
System Overview
Presentation to the Disaster
and Fire Safety Commission
March 22, 2023
Purpose:
• Provide Project Update
and Timeline
• Receive Feedback About
Community Outreach
2 • Installation of 15 outdoor warning sirens across
Berkeley
• Brought forward by DFSC, approved by Council in
Sept 2021, funded by Measure FF
• Vendor is Genasys (also owns Zonehaven)
• Installation is ongoing and will occur in two phases
• Sirens broadcast a PA message (voice, tone)
during emergencies
• Mounted to roofs of buildings owned by City,
BUSD, others
About the Project
1 2
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Packet Pg. 115 Attachment: Berekley Powerpoint (3288 : Emergency Communication and Outreach Update Including Report on Siren Systems) 1/11/20242
34 • Designed to alert those who are
outdoors
• SF, Oakland, Contra Costa County
(refineries), UCB, Bayer have
existing siren programs
• Will operate alongside other alert
and warning systems like AC Alert,
Zonehaven etc
Siren Context
34 H.3.b
Packet Pg. 116 Attachment: Berekley Powerpoint (3288 : Emergency Communication and Outreach Update Including Report on Siren Systems) 1/11/20243
5 Phase I Locations:

Feb-March
6 Phase II Locations:

Throughout 2023*

1. Fire Station #1

2. Strawberry Canyon
Sports Field

3. BUSD Transportation

4. Longfellow Middle
School

5. Sylvia Mendez
Elementary

6. Emerson Elementary

7. St. Mary’s High School

8. Cragmont Elementary

9. Oxford Elementary

10.Berkeley Adult School
56 H.3.b
Packet Pg. 117 Attachment: Berekley Powerpoint (3288 : Emergency Communication and Outreach Update Including Report on Siren Systems) 1/11/2024
4 7
• Broadcast pre-recorded or live messages about
threats posed by fire, tsunami, hazmat, or other
emergency
• Messages accompanied by “slow wail” tone
• Calls to action: Leave the area (evacuate), shelter
in place, and/or seek more information
• Only used for urgent life safety messages when
other alerting means are not adequate
• Monthly test: First Wednesdays at 12pm – Still to
be Determined
Operational Uses
Slow Wail Test
Message
8 • Overconfidence in
capabilities
• Requires a lot of public
education and regular testing
schedule
• Existing regional siren
networks with conflicting
practices
• LRAD brand
• Environmental impact
Challenges/Concerns
7 8
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Packet Pg. 118 Attachment: Berekley Powerpoint (3288 : Emergency Communication and Outreach Update Including Report on Siren Systems) 1/11/2024
5 9
Outreach: Major Milestones
• February 27, 2023: Phase I installation begins
• April 2023: Phase I installation complete
• June 7, 2023: Tentative Community Demo Day
• Spring/Summer 2023: Phase II installation begins
• Early 2024: Phase II complete
• Early 2024: System-wide monthly testing begins
10 OWS Community Outreach
Campaign Goals
• Help neighbors, businesses,
parents get familiar with test
schedule and siren locations
• Help public know what to do when
they hear siren in an emergency
(where to find more info)
• Appropriately message system
capabilities
• Address fears, concerns, &
misperceptions
Request for Feedback:

What other messaging
needs should the
campaign anticipate?
9 10
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Packet Pg. 119 Attachment: Berekley Powerpoint (3288 : Emergency Communication and Outreach Update Including Report on Siren Systems) 1/11/2024
6 11
Outreach: Potential
Strategies
• Webpage:
• Media relations:
• Press release/community message
• Ribbon cutting event/demo day
• Community Relations
• Presentations at neighborhood
groups, business districts
• School newsletters
• Messaging collateral:
• Brochures/flyers
• Bill inserts/mailers
• Test Day Communications
• Nixle/AC Alert/1610AM
• Twitter/Next Door
• Road Signs/Message Boards
• FAQs
• “Did You Hear It?” Community
Survey
Request for Feedback:

Which other strategies
should the City be
looking at to reach
residents?
11 H.3.b
Packet Pg. 120 Attachment: Berekley Powerpoint (3288 : Emergency Communication and Outreach Update Including Report on Siren Systems)

MEETING MINUTES
Kensington Fire Protection District
Emergency Preparedness Committee Meeting 5/25/2023
• Audio in and out unclear
Johnny Valenzuela –
Since 2021, Kensington has been following Berkeley verbiage on encouraging pre-evacuations.

Chief Saylors –
Talked about CERT & upkeep of homes/weeds etc. Cannot legally go into peoples’ back yards.

LRAD Proposal –
• David Spath made a chart with information to give to board members. He is also using Paradise, CA as an example city that has recently put in 21 LRAD sirens.
• David suggests using Paradise to get ballpark estimate for total cost. Says they’re looking at roughly $150,000 for LRAD sirens.
• David sent Paradise RFP to board members so they can look it over. • Katie raised her hand and reintroduced herself as the CWS vendor and advised that they have staff who service and maintain sirens in CCC.

Requested the opportunity to provide a quote for this project. • Katie described how a sound study has been done in Kensington and topography is the main reason why LRAD would not work.
• David wants to get El Cerrito involved.
• David wants to go to board with an RFP recommendation. • David asks who would do the RFP.
• David thinks FEMA grant will cover 75% of cost. He thinks one grant will cover design and one cover installation.
• Dave/Katie/Danielle to create a draft presentation to show to the board for July’s meeting.
• Danielle has a chart already made that she can use for presentation.

Johnny Valenzuela –
• Door hangers printed for door-to-door distribution. Leslie to email Johnny to see how CWS can help and/or if CWS info can be put on hanger.

Meeting adjourned 4:51pm
H.3.c
Packet Pg. 121 Attachment: Kensington Information (3288 : Emergency Communication and Outreach Update Including Report on Siren Systems) City Council
Staff Report
Agenda Item: H.4
Date: January 23, 2024
Department: Administration
AGENDA TITLE: Legislative Advocacy Approach Options
RECOMMENDATION:

Receive Report, Discuss, and provide Direction, if any.

BACKGROUND: Mayor Gee requested that the City Council possibly consider a different approach to legislative advocacy as a budget referral at the June 6, 2023 City Council meeting when the draft Biennial Budget was first introduced. At the June 20, 2023 City Council meeting, as part of the budget adoption process, City Council approved budget referral #23-3 which allocated $75,000 in Fiscal year 2023-24 to explore advocacy options.

Currently, like many cities, Orinda primarily relies on the League of California City to be our primary vehicles for legislative advocacy as most League positions align with the City’s objectives and priorities. This legislative advocacy undertaken by the League professional staff is funded by the membership dues paid by League Members. City elected officials and staff have multiple opportunities to influence the League’s legislative priorities, including participation in the League professional departments, regional division, annual meeting, and other avenues. To view additional information on the League’s advocacy efforts, including current legislative priorities, please visit this link: League Advocacy Webpage.

The current approach as to when the City will take positions and participate in the legislative process is outlined below:

Legislative Process and Taking Positions
Limitations on resources and staffing constrain the City’s level of involvement in state legislative matters, initiatives and ballot measures.

In consideration of the limitations on resources and staffing, the City shall not consider or take positions on legislation, ballot measures, or issues of interest or concern that would not result in a direct tangible benefit to Orinda.

The City Manager or City Attorney may identify legislation or issues of direct local importance, impact, or benefit, or where the City of Orinda taking a position would be inordinately influential such as when a local legislative representative is the author or co-author of a measure, which in his or her opinion necessitates or warrants the City taking a position. In these limited instances, the City Manager or City Attorney may author a letter to be signed by the Mayor or Vice Mayor, as H.4
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appropriate. The City Council shall be copied on any correspondence initiated through this process.

Matters may still be considered by the City Council as a whole to express an official position of the City upon request of the City Manager or City Attorney or as part of the process for placing matters on the Council agenda by the City Council through the Matters Initiated process.

Once the City has taken a position on a legislative or other matter through either of the two options presented above, follow-up letters consistent with the original general position may be sent by the Mayor, Vice Mayor, City Manager, or City Attorney on behalf of the City in order to timely respond.

Individual City Council members may author letters supporting or opposing legislation, ballot measures, initiatives, or other issues of interest using City letterhead in their individual capacity, in which case language must be included that clearly states the correspondence does not reflect the official position of the City or the City Council as a whole.

To provide a point of reference, City staff recently compiled a high-level survey of the cities in Contra Costa County and how they approach advocacy. This looked at whether a firm was under contract to undertake advocacy directly on behalf of the City outside of the League’s efforts and did that advocacy also include grant-related work.

This information is outlined in Attachment 2.

Just to note, the City is assisted with grant identification and application under an annual contract with California Consulting currently.

Should the City Council wish to explore any alternative options further, staff would do more outreach to get example requests for proposals/qualifications from other cities which have contracted with firms, and would do a deeper dive into cost and other factors.

ATTACHMENTS:

A. Contra Costa County Legislative Advocacy Approach Survey Respectfully Submitted by:

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

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Contra Costa Cities - Legislative Advocacy Approach Survey 1/10/2024 Agency Use Outside Firm Firm Name Retainer or Hourly Includes Grant Writing Notes Antioch No Had a federal lobbyist last in 18-19
Brentwood No
Clayton No
Concord Yes Townsend Public Affairs Fixed Monthly Fee Yes Contra Costa County Yes Fed - Thorn Run Partners Fixed Monthy Fee No Separate grant writer pool State - Nielsen Merksmer Fixed Monthly Fee No
Danville Yes Townsend Public Affairs Fixed Annual Fee Yes - additional cost El Cerrito Yes Rene Public Policy Group Fixed Monthly Fee As of 2022 - grants, 10/9/23 -legislative adv Hercules Yes Doherty Law Group Retainer No
Zell & Associates Hourly No
Lafayette Yes Townsend Public Affairs Fixed Monthly Fee Yes Martinez Yes Gonzalves & Sons Fixed Monthly Fee No - would assist Use California Consulting for Grants Moraga No
Oakley Yes Townsend Public Affairs Fixed Monthly Fee No Orinda No Use California Consulting for Grants
Pinole No
Pittsburg No
Pleasant Hill No
Richmond No
San Ramon Yes Townsend Public Affairs Fixed Monthly Fee No San Pablo Yes Townsend Public Affairs Fixed Monthly Fee No Walnut Creek Yes Townsend Public Affairs Fixed Monthly Fee TPA helps with grants on occasion H.4.a
Packet Pg. 125 Attachment: Contra Costa County Legislative Advocacy Approach Survey (3274 : Legislative Advocacy City Council
Staff Report
Agenda Item: H.5
Date: January 23, 2024
Department: Human Resources
AGENDA TITLE: City Manager Recruitment Services
RECOMMENDATION:

BACKGROUND: During his annual evaluation process, which was successfully concluded by the City Council in November, 2023, with a positive review, City Manager David Biggs advised the City Council he would not be renewing his existing Employment Agreement which ends June 30, 2023. Mr. Biggs shared his decision was based on family needs and plans to relocate to Southern California.

Working with then Mayor Inga Miller and Vice Mayor Darlene Gee, staff solicited proposals from Executive Search firms to undertake the search for the City’s next City Manager. This informal Ad Hoc reviewed the Request for Proposals (Attachment 1) and it was subsequently sent to a number of firms on December 19, 2023, with three firms responding by the January 2, 2024, at 4:00 pm deadline.

The three responding firms were:
• Bob Murray & Associates
• Jacob Green & Associates
• Peckham & McKenney
The three proposals are provided as attachments.

Mayor Gee recommends that the City Council form a new Ad Hoc to interview the three firms and to make a recommendation to the full Council as to which firm to retain with the Council to approve a Professional Services Agreement at that time. Alternatively, as the estimated cost of services does not exceed the City Manager’s contracting authority, the Council could delegate the final decision to the Ad Hoc in order to initiate the search sooner.

NEXT STEPS: An executive search firm will be selected, and the Professional Services Contract entered, based on the process determined by the City Council. After a firm is retained, they will meet with each City Council member and will develop a recruitment profile based on Council input and guidance. Once that element is completed, a recruitment brochure will be finalized, and the recruitment of candidates will commence.

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Human Resources Manager Ginger Staton will provide day-to-day support to the Ad Hoc Committee and the selected firm on a forward-going basis.

FISCAL IMPACT: The cost of the recruitment is estimated not-to-exceed $30,000.

Sufficient funds are available in the City budget to fund these services.

ATTACHMENTS:

A. Orinda RFP for 2024 CM Recruitment
B. Bob Murray & Associates Proposal
C. Jacob Green & Associates Proposal
D. Peckham & McKenney Proposal
Respectfully Submitted by:

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

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1 City Manager Recruitment Services – Due January 2, 2024 4:00 p.m.

CITY OF ORINDA
REQUEST FOR PROPOSALS FOR:

CITY MANAGER RECRUITMENT SERVICES
City of Orinda
22 Orinda Way
Orinda, CA 94563
Attn: Human Resources Manager
Release Date: December 19, 2023
Proposals Due: January 2, 2024 4:00 p.m.
(Electronic Submittal To: [email protected])
H.5.a
Packet Pg. 128 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 2 City Manager Recruitment Services – Due January 2, 2024 4:00 p.m.

City Manager Recruitment Services
RELEASE DATE: December 19, 2023
CLOSING DATE/TIME: January 2, 2024– 4:00 p.m. Via E-Mail CONTACT PERSONS: David Biggs, City Manager
Ginger Staton, Human Resources Manager
I. Introduction
The City of Orinda, California is seeking proposals for services from a select number of qualified executive search firms to assist the City Council in the selection of a new City Manager. The incumbent, David Biggs, is planning on retiring at the end of June 2024, when his current contract ends. The City Council desires to initiate recruitment to ensure a smooth transition from the incumbent to the next City Manager without the use of an interim if possible. The incumbent has expressed a willingness to continue for a limited period if that would assist the City Council in achieving this goal.

II. Background
The City of Orinda incorporated in 1985 in Contra Costa County, which is part of the East Bay region of the San Francisco Bay Area and has a current population just under 20,000.

It is a family-oriented community in a semi-rural suburban setting surrounded by majestic hills and nearby cities such as Berkeley, Oakland, and San Francisco. Residents of the community are generally highly educated and work in professional careers. Orinda’s schools rank among the highest in the State of California.

Within a 30-mile radius, the residents of Orinda have access to 63 movie theatres, over 6,000 restaurants, 118 public golf courses, 117 libraries and 13 museums. There are 4 community parks within the City, a historical Community Center and Theatre, a state–ofthe-art Public Library and a plethora of trails to explore. There are many private swim and tennis clubs. Over the past decade, residents have increasingly become aware of the retail leakage to neighboring communities where Orindans shop and dine and the City Council passed a Downtown Precise Plan earlier this year to guide redevelopment and reinvigorate downtown. Strong community spirit has accompanied the prospect of such redevelopment.

Community interaction is a critical aspect of the City Manager position and a skill set wellaligned with the residents is highly desirable.

The Organization
The City has a permanent staff of approximately 38 full-time employees supplemented with part-time and seasonal staff and contracts with the Contra Costa County Office of the Sheriff for Police Services with a budgeted staffing level of 14 sworn positions.

H.5.a
Packet Pg. 129 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 3 City Manager Recruitment Services – Due January 2, 2024 4:00 p.m.

The City operates under a Council-Manager form of government with five at-large Councilmembers elected to staggered four-year terms to govern the City. The City Manager is responsible for implementing the Council’s policies, ordinances, and directives, for overseeing the day-to-day operations of the City, and for making personnel appointments.

City departments include: Administrative Services, Planning, Parks and Recreation, Police, City Clerk, and Public Works and Engineering Services. Communications falls under the City Manager’s Office umbrella and the Human Resources Manager reports to the City Manager on strategic issues.

The City Manager’s Office provides overall administrative direction and policy implementation for the City organization. As the chief executive, the City Manager directs the activities of the following Department Heads: City Clerk, Planning Director, Police Chief (contract services with the County Sheriff), Administrative Services, Parks & Recreation, Public Works, and Human Resources. In addition, the City Manager’s serves as the Emergency Manager and oversees and guides the City’s emergency preparedness and wildfire prevention efforts, including staffing the Supplemental Sales Tax Oversight Commission, which is the oversight body for Measure R, a local 1 cent sales tax override targeted towards emergency preparedness, wildfire prevention, roads, and storm drains.

The City Manager has two direct reports working on these matters – a Senior Management Analyst and an Education and Outreach Coordinator.

Given the size of the City organization, the City Manager is a hands-on position that requires flexibility and direct engagement in many disciplines.

Challenges/Opportunities
The City Manager works closely with the City Council and the Department Head team to achieve the City’s strategic objectives, and to provide high quality services to the community with a focus on:
• Take the lead in achieving the City Council’s Strategic Goals. • Developing a recommended two-year budget every other year and the annual midyear and mid-cycle adjustments and serve as good fiscal steward of City resources. • Advancing the City’s planning and economic development goals including ensuring the successful implementation of the City’s certified Housing Element and Downtown Precise Plan.
• Guiding and ensuring that Orinda is well prepared for emergencies and is a leader in wildfire prevention.
• Serving as the lead in attracting, retaining, and developing our employees, and ensuring that organizational development is a priority. • Continuing to guide the City’s investment in streets and stormwater infrastructure, building upon the prior successes which have resulted in the second highest Pavement Condition Index in the Bay Area.
• Representing the City’s interests with regional agencies and other partners to ensure Orinda has a seat at the table on key issues.

Attached as one-point of reference is the recruitment brochure from the process which resulted in the selection of the current incumbent.

City Manager Compensation
H.5.a
Packet Pg. 130 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 4 City Manager Recruitment Services – Due January 2, 2024 4:00 p.m.

Following is a brief overview of the current salary and benefits for the City Manager:
• Annual Salary: As of December 19, 2023, $268,112.
• No Social Security
• 9/80 Work Schedule
• Vehicle/Technology/Cell Allowance of $500 per month
• General Leave in-lieu of traditional sick leave and vacation. • Management Leave of 80 hours per fiscal year
• CalPERS Medical, Delta Dental, VSP Vision but no CalPERS Retirement. • Retirement Benefits: The City contributes 13% of base monthly salary to a MissionSquare 401(a) defined contribution plan. In addition, the City will match up to 3% of Employee contribution to the plan. New Employee’s may voluntarily choose to increase 401 contributions up to 10%, however, amounts above the 3% will not be matched.
• Deferred Compensation: Employee may make voluntary contributions with no Employer match to a MissionSquare 457 Deferred Compensation plan.

Recruitment Process
The City Council will appoint two members as a subcommittee to work with David Biggs, City Manager, and the Human Resources Manager on the recruitment process. The subcommittee will make a recommendation to the City Council on the selection of the Recruitment Firm.

The Subcommittee will work with the selected firm to identify the complete process. The emphasis will be on recruitment of either or both (1) retired or near retirement candidates or high-level management staff that have broad experience working directly with elected officials, on tough personnel matters and finances and (2) on other candidates whose interest in leading the City outweighs its nonparticipation in CalPERS retirement programs.

As a small organization the roles and assignments are varied including the need for all levels of employees to be hands on.

The selected firm will work with the City Council Subcommittee and staff to develop recruitment materials and undertake outreach for this important position. Candidates identified by the recruiter as the best qualified candidates to be invited to participate in an interview with the City Council.

III. Scope of Work
The successful consulting firm will be expected, at a minimum, to perform the following:
• Describe a proposed process and if selected, work with the City Council and Human resources Manager to refine details.
• Meet with the City Council, retiring incumbent, to facilitate the development of an appropriate candidate profile.
• Coordinate with the Mayor and Human Resources Manager throughout the process. • Develop and administer a focused search for appropriate candidates.

H.5.a
Packet Pg. 131 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 5 City Manager Recruitment Services – Due January 2, 2024 4:00 p.m. • Answer questions from candidates and collect application materials. • Review the applications received, comparing them to the desired candidate profile, performing screening interviews as needed.
• Advise the City Council on the qualifications of the candidates, develop a list of recommended candidates and provide a written report summarizing the overall candidate pool and the qualifications of those selected to be interviewed. • Advise the City Council on interview strategies and appropriate questions to ask candidates; attend the Council interview sessions and assist the City Council with selecting the finalist.
• Conduct complete background checks on finalist candidates and advise City Council of the results.

IV. Proposal Requirements
The City desires to obtain succinct information focused directly on the City needs and the firms’ proposed approach to the recruitment. Each proposal shall include the following information:

A. Background information on the firm, including the firm’s experience with similar recruitments, the number of similar searches, placements, and longevity of placements; philosophies, and best practices of including stakeholders in the process; a brief resume of the individual(s) assigned to this project; contact information for references. The proposal should include information about the firm’s current engagements and an affirmation of the firm’s ability to focus on this project.

B. A proposed schedule for each phase of the process, including development of the recruitment profile, search, background evaluations, interviews, and selection.

C. Information about the firm’s approach in the event of a recruitment that does not produce a viable candidate or the premature dismissal or resignation of the selected candidate.

D. A cost proposal for the City of Orinda City Manager recruitment, including consulting fees and reimbursable expenses.

V. Selection Process
The City Manager and Human Resources Manager will conduct an initial review of the proposals and the City Council will make a selection. The review may include interviews with selected firms. The following criteria will be considered in making the selection:
• Prior recent experience in recruitments of a similar nature • Responsiveness to this Request for Proposal
• Qualifications and experience of the individual(s) assigned to the project H.5.a
Packet Pg. 132 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 6 City Manager Recruitment Services – Due January 2, 2024 4:00 p.m. • Experience with candidates from within California
• Schedule and availability
• Cost of services
• Any cost guarantee provisions included
• Reference contact results
• Responsiveness to unique conditions in Orinda
• Be willing to enter into the City’s standard Professional Services Contract and meet insurance requirements (copy attached).

VI. Proposed Submission Information
The proposal should be submitted no later than 4:00 p.m. via email on Tuesday, January 2, 2024 to:

Ginger Staton, Human Resources Manager
[email protected]
Telephone: (925) 253-4214
The City reserves the right to reject any and all proposals submitted, to request clarification of services submitted, to request additional information from competitors, and to waive any irregularity in the proposal.

H.5.a
Packet Pg. 133 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 1 SAMPLE

CITY OF ORINDA

SERVICES CONTRACT
__________________ (“Provider”) and the City of Orinda (“City”), a municipal corporation, agree as follows. City and Provider are sometimes individually referred to herein as “Party” and collectively as “Parties.”

1. Purpose of Contract.
a. City requires certain special services for the purpose of ____________ __________________________________________________________________________. b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.

2. Duties of Provider.
a. Provider agrees to perform services described in Exhibit A, which is attached to this agreement and incorporated by this reference. Provider agrees to perform these services diligently in accordance with the standards of its profession and to City’s satisfaction.

Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in this agreement.
b. The parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services. c. Provider shall assign only competent personnel to perform services pursuant to this agreement. Provider shall notify City in writing of any changes in Provider’s staff assigned. City may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the City makes such a determination, Provider shall replace such person immediately.

3. Time of Performance.
a. This agreement shall not be effective and no payments shall be made to Provider until:
(i) City has received satisfactory evidence that Provider has met all of the insurance requirements, and
(ii) All required signatures have been obtained.
b. The effective date of this agreement shall be the date on which the last signature is affixed or on receipt of satisfactory evidence of insurance, whichever is later.

H.5.a
Packet Pg. 134 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed no later than ___________________. If a Schedule of Performance is provided in Exhibit A, Provider must deliver the services according to that schedule.
d. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, based on actual costs, not to exceed a maximum contract price of $___________________ for satisfactory performance of the services under this agreement.
b. Provider shall bill City on a monthly basis for work done in the preceding month. Provider’s project manager shall review and sign the invoice. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly.
c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.
a. Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee, partner, joint venture, or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider is solely responsible for the means and methods of performing the services under this agreement and for the persons hired to work under this agreement. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of H.5.a
Packet Pg. 135 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 3 compliance upon request. Provider is not entitled to health benefits, worker’s compensation, or other benefits from the City.
b. Provider is solely responsible for the payment of employment taxes incurred under this agreement and any similar federal or state taxes. Provider and any of its employees, agents, and subcontractors shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Provider shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Provider’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Provider. Should any court, arbitrator, or administrative authority, including but not limited to the Internal Revenue Service or the State Employment Development Division, determine that Provider, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Provider agrees to a reduction in amounts payable under this agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this agreement are not greater than they would have been had the determination not been made.

6. Conflict of Interest.

Provider understands that its professional responsibility is solely to City. Provider warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement. Provider shall not employ a person having such an interest in the performance of this agreement.

Provider and its agents or employees working under this agreement shall submit statements of economic interest under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by City.

7. Work Product, Intellectual Property and Records.
a. Ownership. All documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royaltyfree, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings, and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.
b. Right to Use. Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement.

H.5.a
Packet Pg. 136 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 4 c. Confidential Information. In the performance of this agreement, Provider may be given access to confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Provider shall hold in confidence all City information provided by City to Provider and use it only to perform this agreement. Provider shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
d. Recordkeeping. Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records, or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

8. Assignment; Subcontracts.

Provider’s services are considered unique and personal. Provider shall not assign or transfer its interest or obligation under this agreement without City’s prior written consent.

Provider shall not subcontract its duties under this agreement without City’s prior written consent. Any attempt to do so shall be null and void, and any assignees, subcontractors or transferees shall acquire no right or interest by reason of such attempted assignment, subcontracting or transfer. Any changes related to the financial control or business nature of Provider as a legal entity is considered an assignment of this agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.

9. Licenses.

Provider represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals legally required for Provider to practice its profession and/or provide services under this agreement. Provider shall, at its sole cost and expense, keep in effect such licenses, permits, qualifications, insurance, and approvals at all times during the term of this agreement.

10. Insurance Types and Limits.

Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than ________ per occurrence [$1,000,000 for professional services, $2,000,000 for other services.]. If a general aggregate limit applies, either the general aggregate limit shall apply H.5.a
Packet Pg. 137 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 5 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ Compensation insurance will not be required if Provider furnishes to City a written verification that it has no employees. d. Professional Liability (Errors and Omissions) Insurance appropriate to the Provider’s profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If Provider maintains higher limits or broader coverage than the minimums shown above, City requires and shall be entitled to coverage for the higher limits or broader coverage maintained by the contractor.

11. Additional Insurance Requirements.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: City, its officers, officials, employees, and volunteers are to be covered as insureds on the Automobile Liability policy and on the Commercial General Liability policy.
b. Primary Coverage: For any claims related to this agreement, Provider’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.
c. Notice of Cancellation. Provider shall not cancel, assign, or change any policy of insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this agreement except after providing 30 days prior written notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Provider shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this agreement.

Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.

H.5.a
Packet Pg. 138 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 6 d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers licensed to do business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. Verification of Insurance.

Provider shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required herein.

Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require H.5.a
Packet Pg. 139 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 7 complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

To the fullest extent allowed by law, including but not limited to Civil Code section 2782.8, Provider shall defend, indemnify, and hold harmless City and its officers, employees, agents, and volunteers from and against any and all liability, claims, suits, losses, injuries, damage, demands, expenses, and costs (including, without limitation, attorneys’ fees and expert fees) of every nature, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Provider’s in the performance of this agreement. Provider shall not be obligated to indemnify City against liability arising from the sole negligence or willful misconduct by City.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Provider from liability under this indemnification and hold harmless clause. The obligations of Provider under this Section 13 will not be limited by the provisions of any workers’ compensation act or similar act.

Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 13 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Provider in the performance of this Agreement.

The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

Provider is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. In the performance of this agreement, Provider shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, ethnicity, creed, religion, sex, gender, gender identity, marital status, sexual orientation, national origin, ancestry, age, pregnancy, physical or mental disability, or medical condition, or any other protected classification. Provider shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Provider agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

15. Compliance with Laws.
a. General Laws. Provider shall comply with all local, state, and federal laws and regulations applicable to this agreement. Provider will promptly notify City of changes in the law or other conditions that may affect the services or Provider’s ability to perform. b. Labor Laws. Provider shall comply with all labor laws applicable to this agreement. If the services include a “public works” component, Provider is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.

H.5.a
Packet Pg. 140 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 8 c. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.

16. Notices.

Any notice to be given under this agreement shall be in writing and addressed to the parties as follows:

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
[insert contact info]

17. Litigation.

If either party brings an action to enforce this agreement, the prevailing party is entitled to reasonable attorneys’ fees and costs (including, but not limited to, expert witness fees and discovery costs).

18. Waivers.

Waiver of a breach or default under this agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this agreement.

19. Modification.

No waiver, modification or termination of this agreement is valid unless made in writing.

20. Severability.

If any provision of this agreement is held invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in effect to the greatest extent permitted by law.

21. Termination.
a. Termination Without Cause:
(i) At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.

H.5.a
Packet Pg. 141 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 9 (ii) If the City terminates this agreement, the time spent in closing out the services will be compensated up to a maximum of ten percent (10%) of the total funds expended to date in the performance of the services, provided the City so approves in writing. b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. After termination for cause, City shall pay Provider for services satisfactorily rendered to date, and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.

22. Entire Agreement.

This agreement, together with its attachments, sets forth the entire understanding between the Parties and supersedes any oral or written understanding they may have had prior to the execution of this agreement. No other contract, statement, or promise relating to the subject matter of this agreement shall be valid or binding. If there is any inconsistency between any term, clause, or provision of the main agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main agreement shall prevail and be controlling.

23. Governing Law and Venue.

The formation, interpretation, and performance of this agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation, and performance of this agreement shall be in Contra Costa County.

24. Authority to Enter Agreement.

Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the agreement. Each Party warrants that the individuals who have signed this agreement have the legal power, right, and authority to make this agreement and bind each respective Party.

25. Successors and Assigns.

This agreement shall be binding on the successors and assigns of the Parties.

26. Headings and Construction.

Headings appearing herein are descriptive only and for convenience in reference to this agreement. References to Provider include its agents, servants, and employees.

References to City include its officers, employees, agents, and volunteers.

H.5.a
Packet Pg. 142 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 10 City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
[fill in name of provider]
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:

Exhibit A – Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language H.5.a
Packet Pg. 143 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 11 Exhibit A
Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule (pages attached)
H.5.a
Packet Pg. 144 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) 12 Exhibit B
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
1576240.1
H.5.a
Packet Pg. 145 Attachment: Orinda RFP for 2024 CM Recruitment (3287 : City Manager Executive Search) A Proposal to Conduct an Executive Recruitment
for the Position of

CITY MANAGER
on behalf of the
1544 Eureka Road, Suite 280
Roseville, CA 95661
(916) 784-9080
(916) 784-1985 fax
H.5.b
Packet Pg. 146 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) January 2, 2024

CITY COUNCIL MEMBERS
C/O MS. GINGER STATON

HUMAN RESOURCES MANAGER

CITY OF ORINDA
22 ORINDA WAY
ORINDA, CA 94563
Dear Members of the City Council:

Bob Murray & Associates is pleased to submit a proposal to conduct the City Manager recruitment for the City of Orinda. The following details our qualifications and describes our systematic—yet flexible—method of identifying, recruiting, and screening outstanding candidates on your behalf.

It also includes a proposed budget, timeline, and guarantee.

At Bob Murray & Associates, we pride ourselves on providing quality service to local governments, non-profit agencies, and private firms by capitalizing on our decades of experience and vast network of contacts. As a minority and woman owned firm, Bob Murray & Associates’ places diversity, equity, and inclusion at the forefront of each recruitment. We recognize the importance of meeting each client’s unique recruitment needs and building a plan together to establish success. Our expertise ensures that the candidates we present to the City of Orinda will match the criteria you have established, be a positive addition to your organization, and be outstanding in their field.

Bob Murray & Associates is familiar with the City of Orinda and the community it serves, as we have most recently completed your Administrative Services Director and Public Works Director recruitments. We have also previously conducted your City Manager recruitment. Our knowledge of the region, its issues, and its outstanding quality of life will be an asset in presenting this opportunity to prospective candidates.

Bob Murray & Associates recognizes that we work at the pleasure of the City Council and our job is to facilitate the Council in finding the City of Orinda’s next City Manager. Our best practice is to establish a strong partnership with key stakeholders and the appointed subcommittee, to ensure the placement of a City Manager who is ideally suited to the City’s needs. In developing this collaborative approach, we will seek the opportunity to meet with key stakeholders and the subcommittee individually to discuss their expectations for the City of Orinda’s new City Manager.

The feedback received will be essential in providing guidance when recruiting and screening candidates for the position.

With respect to the City Manager recruitment and the City of Orinda, Bob Murray & Associates has placed over 200 City Managers since our firm’s inception in 2000. We are currently conducting the County Administrator recruitment on behalf of the County of Marin, CA; the City Manager recruitment on behalf the City of Sparks, NV; and City Manager recruitments on behalf of the California cities of Novato, Pacific Grove and Salinas. Our extensive contacts and knowledge of outstanding candidates will ensure you have a quality group of finalists from which to select the City of Orinda’s next City Manager.

H.5.b
Packet Pg. 147 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Recent City Manager recruitments we have completed similar in size and scope to your upcoming search include the following:
2023
Auburn, CA
Clayton, CA
Desert Hot Springs, CA
Downey, CA
Gonzales, CA
Merced, CA
Moraga, CA (Town Manager)
Piedmont, CA (City Administrator)
Rio Vista, CA
San Bruno, CA
San Marino, CA
San Rafael, CA
San Ramon, CA
Santa Clara, CA
South Gate, CA
Ventura, CA
Winters, CA
Yountville, CA (Town Manager)
2022
Calistoga, CA
Livermore, CA
Placer County, CA (County Executive Officer)
Rohnert Park, CA
St. Helena, CA
Sonoma County, CA (County Administrator)
Yolo County, CA (County Administrator)
2021
Cudahy, CA
Gridley, CA
Irvine, CA
Laguna Beach, CA
Los Altos Hills, CA
Los Banos, CA
Mt. Shasta, CA
Orinda, CA
San Clemente, CA
Scotts Valley, CA
Selma, CA
Sonoma, CA
South Pasadena, CA
We work as a team on every search at Bob Murray & Associates. Your Project Lead would be Gary Phillips, who conducts a majority of our City Manager and Assistant City Manager recruitments. Mr. Phillips is highly experienced in guiding elected bodies through the decisionmaking process and would not only direct and supervise the project team from beginning to end but also serve as your Recruiter.

To learn first-hand of the quality of our services and why the majority of our engagements come from repeat and referred clients, we invite you to contact the references listed on page 18 of the attached proposal.

We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at (916) 784-9080 with any questions.

Sincerely,
Valerie Gaeta Phillips
President, Bob Murray & Associates
H.5.b
Packet Pg. 148 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search)

TABLE OF CONTENTS
THE RECRUITMENT PROCESS................................................................2 STEP 1 DEVELOP THE CANDIDATE PROFILE........................................................2 Optional Service: Community and Staff Involvement.......................................................2 STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS ...................2 Reaching Diverse Candidates .........................................................................................3 STEP 3 RECRUIT CANDIDATES ................................................................................3 STEP 4 SCREEN CANDIDATES ..................................................................................4 STEP 5 CONDUCT PRELIMINARY INTERVIEWS......................................................4 STEP 6 SEARCH PUBLIC RECORDS...........................................................................4 STEP 7 MAKE RECOMMENDATIONS .......................................................................4 STEP 8 FACILITATE FINAL INTERVIEWS.................................................................5 STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS ............................5 STEP 10 ASSIST IN NEGOTIATIONS.........................................................................5 COMPLETE ADMINISTRATIVE ASSISTANCE .......................................6 COSTS AND GUARANTEE ..........................................................................7 PROFESSIONAL FEE AND EXPENSES ......................................................................7 Optional Services ...........................................................................................................7 GUARANTEE...............................................................................................................8 RECRUITMENT SCHEDULE .....................................................................8 FIRM PROFILE..............................................................................................9 REFERENCES..............................................................................................18 H.5.b
Packet Pg. 149 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Bob Murray & Associates Proposal for the City of Orinda Page 2

THE RECRUITMENT PROCESS
Bob Murray & Associates’ recruiters are specialists in finding a positive placement, providing security and fairness to candidates and clients while ensuring the integrity of the search process.

We understand that superlative recruiting for the City Manager will lead to superlative results for the City of Orinda. Outlined below are the steps in our proven recruitment process, refined through our 30+ years of experience in executive search.

STEP 1 DEVELOP THE CANDIDATE PROFILE
Our understanding of the City of Orinda’s needs will be key to a successful search. Gary Phillips will meet with the City Council and key stakeholders to learn as much as possible about the ideal candidate for the City Manager position. We want to become familiar with the values and culture of the organization, as well as to understand the current and future issues, challenges, and opportunities in the City of Orinda.

Mr. Phillips will review and help define the City’s wish-list regarding the ideal candidate’s personality, management style, knowledge, skills, and abilities and will work with the City to identify expectations regarding education and experience. The City Council and Mr. Phillips will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop together at this stage will drive subsequent recruitment efforts.

Optional Service: Community and Staff Involvement
We find that many of our clients value a recruitment process that opens the opportunity for community members, business leaders, organization representatives, and employees to provide input regarding the ideal candidate. Our recruiters are skilled in designing and facilitating forums, town hall meetings, and online surveys that allow equitable involvement from a variety of constituencies and in consolidating feedback into a cohesive narrative of common themes.

If the City of Orinda so desires, we will work with the City Council to create a customized community and/or staff input process.

STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS
Mr. Phillips and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of Orinda to create a professional recruitment brochure, with the assistance of our professional graphic designer. The four-page, full-color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures provided by the City of Orinda that you feel best represent your organization and your community.

Upon your approval, Mr. Phillips will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the City Manager position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly and is a trusted resource for candidates seeking executive and professional positions. Two sample brochures are included in this proposal package for your reference.

H.5.b
Packet Pg. 150 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Bob Murray & Associates Proposal for the City of Orinda Page 3 Mr. Phillips will also design an effective advertising campaign appropriate for the City Manager recruitment. Our broadest outreach comes through our active social media involvement on Facebook, LinkedIn, and Twitter, where upcoming and current positions are posted. Sources such as Western City Magazine, PublicCEO, and the Careers in Government website will be used to reach an extensive local government audience, while position-specific postings will be chosen to attract candidates who have built their careers in and are committed to the City Manager field.

Suggested City Manager-specific advertising sources for the City of Orinda’s search include:

ICMA Newsletter
League of Women in Government
National League of Cities
California City Management Foundation
California City News
Local Government Hispanic Network
Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions.

Reaching Diverse Candidates
Bob Murray & Associates, a woman- and minority-owned business, is proud of its commitment to attracting and placing diverse candidates. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity-focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women’s Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field.

Mr. Phillips will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of Orinda, to maximize the potential for individuals from a wide variety of backgrounds, cultures, physical abilities, life experiences, and gender to be considered for the City Manager position.

STEP 3 RECRUIT CANDIDATES
The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 1,400 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over time—time that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, answer questions, and allay any reservations, and these efforts are essential to the success of the City Manager recruitment.

H.5.b
Packet Pg. 151 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Bob Murray & Associates Proposal for the City of Orinda Page 4 STEP 4 SCREEN CANDIDATES
Following the closing date for the recruitment, Mr. Phillips will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Mr. Phillips will discuss with the City Council how the City of Orinda wishes to proceed with these candidates.

STEP 5 CONDUCT PRELIMINARY INTERVIEWS
Mr. Phillips will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel-related expenses to our clients and increase efficiency in the search process, these interviews are typically conducted via Skype, FaceTime, or other convenient videoconferencing applications.

During these in-depth interviews, Mr. Phillips will explore each candidate’s background and experience as it relates to the City Manager position, such as significant accomplishments, size and scope of responsibility, and organizational culture. In addition, Mr. Phillips will discuss with the candidates their motivation for applying for the position and assess his/her knowledge, skills, and abilities. We will devote specific attention to establishing the likelihood of the candidate’s acceptance of the position if an offer of employment is made.

STEP 6 SEARCH PUBLIC RECORDS
Under the direction of Mr. Phillips, your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate. Sources include LexisNexis™, Google, social media, and our contacts in the field. This will alert Mr. Phillips to any further detailed inquiries we may need to make before our recommendations are finalized.

STEP 7 MAKE RECOMMENDATIONS
Based on our findings during the preliminary interview process, Mr. Phillips will recommend a limited number of candidates for your further consideration. He will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of those to be considered will be up to you.

We typically recommend 6-8 candidates that we feel will best match your expectations, and we prepare a detailed written report on each candidate. This bound report provided to each member of the decision-making body includes:

Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience, education, and salary information for each Recommended Finalist candidate
Complete cover letter and resume for each Recommended Finalist candidate List of Other Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process)
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Packet Pg. 152 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Bob Murray & Associates Proposal for the City of Orinda Page 5 Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications.

STEP 8 FACILITATE FINAL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will work with the City of Orinda to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the City Council and key stakeholders, community/employee interview panels, writing and presentation samples, meet-and-greets, or another specialized process element Mr.

Phillips helps the City of Orinda to design.

Mr. Phillips will be present on-site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided to each interview panel member containing:

Recruitment brochure with candidate profile
Interview schedule
Suggested interview questions
Experience summary, cover letter, resume, and rating form for each candidate
Ranking forms for use during the panel interview process We will work closely with your staff to coordinate and schedule interviews and candidate travel.

Our goal is to ensure that each candidate has a very positive experience, as the way the entire process is conducted will influence the final candidates’ perception of your organization.

STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS
Mr. Phillips and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates. To gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. In addition to gaining a 360-degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate’s abilities but who may not be on their preferred list of contacts.

Your Recruitment Coordinator will work with candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates’ degrees.

STEP 10 ASSIST IN NEGOTIATIONS
We recognize the critical importance of successful negotiations and can serve as your representative during this process. Mr. Phillips knows what other organizations have done to put deals together with great candidates and what the current market is like for City Manager positions in organizations like the City of Orinda’s. He will be available to advise you regarding current H.5.b
Packet Pg. 153 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Bob Murray & Associates Proposal for the City of Orinda Page 6 approaches to difficult issues, such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate.

With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved.

COMPLETE ADMINISTRATIVE ASSISTANCE
We receive many unsolicited testimonials each year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of Orinda, we will provide you with updates on the status of the search and attend to all administrative details on your behalf.

Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each critical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from Mr. Phillips on behalf of the City of Orinda.

It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly within 24 hours if the inquiry is received during the work week. Mr. Phillips will be available to the City of Orinda by office phone, cell phone, and email at any time to ensure a smooth and stress-free recruitment process.

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COSTS AND GUARANTEE

PROFESSIONAL FEE AND EXPENSES
The fixed, flat professional services fee for conducting the City Manager recruitment on behalf of the City of Orinda is $20,000. Services provided for in this fee consist of all steps outlined in this proposal, including three (3) meetings on site. The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project. In fact, our mission for this project is to ensure we assist in identifying the right candidate for the City of Orinda. Therefore, Mr. Phillips will contact the City at the first anniversary of the placement to confirm an effective transition has occurred.

The City of Orinda will also be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project not to exceed $6,000. Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. In no instance will expenses exceed this estimate without prior approval from the City of Orinda.

Expense reimbursement for candidate travel related to on-site interviews will be the responsibility of the City of Orinda.

Optional Services
Community/Staff Input Forum: $1,500/day, plus travel expenses Online survey: $250
Additional on-site meeting days: $1,500/day, plus travel expenses Additional background checks: $250/candidate
Additional reference checks: $500/candidate
Other services: $250/hour or $1,500/day
Professional Fees and Reimbursable Expenses
Professional Services (Fixed Flat Fee) $20,000
Reimbursable Expenses
Example costs and approximate amounts include:

Brochure Design and Printing ($1,275)
Advertising ($3,000)
Background Checks – 3 candidates ($550)
Consultant Travel ($600)
Other expenses – supplies, shipping, clerical ($575)
$6,000
Not-to-Exceed Total $26,000
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GUARANTEE
Should a candidate recommended by our firm position resign or be terminated within the first 12 months of employment, we will provide the City of Orinda with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the City of Orinda’s behalf during the new search. We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision of our proposal.

RECRUITMENT SCHEDULE
We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13-16 weeks from the date of initial meetings with our client.

The final recruitment schedule will be determined in collaboration with City of Orinda. A typical timeline of tasks and events is included here for reference.

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FIRM PROFILE

OUR STAFF
Bob Murray & Associates is a small firm focusing exclusively on executive search services. We have a team of sixteen (16):

Bob Murray, Founder
Valerie Gaeta Phillips, President
Gary Phillips, Executive Vice President
Joel Bryden, Vice President
Yasmin Beers, Senior Executive Recruiter
Carmen Valdez, Senior Executive Recruiter
Adele Fresé, Senior Executive Recruiter
Bryan Hill, Senior Executive Recruiter
Stacey Stevenson, Senior Executive Recruiter
Deanna Cantrell, Executive Recruiter
Jon Lewis, Executive Recruiter
Alexandria Kopack, Recruitment and Operations Manager
Kathy Lolas, Senior Recruitment Coordinator
Stephanie Marshall, Senior Recruitment Coordinator
Steph Souza, Assistant Recruitment Coordinator
Gini Herndon, Contracts Administrator/Bookkeeper

BOB MURRAY, FOUNDER
Mr. Murray—known simply as “Bob” to his clients and candidates throughout the western U.S.— brings over 40 years’ experience as a recruiter and is recognized as one of the top local government recruiters in the nation. He conducted hundreds of searches for cities, counties, and special districts and was called on to conduct searches for some of the largest, most complex organizations in the country—and some of the smallest. Bob conducted searches for chief executives, department heads, professional and technical positions, taking the lead on many of the firm’s most difficult assignments with great success. His clients retained him again and again, given the quality of his work and success in finding candidates for difficult to fill positions.

As our Founder, Bob currently takes on few searches personally but continues to be an active presence at Bob Murray & Associates, providing valued insight and experience to our team members regarding all aspects of the recruitment process.

Mr. Murray received his Bachelor of Science Degree in Criminology from the University of California at Berkeley with graduate studies in Public Administration at California State University at Hayward.

VALERIE GAETA PHILLIPS, PRESIDENT AND RECRUITER
Ms. Gaeta Phillips has over 18 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies nationwide. Since H.5.b
Packet Pg. 157 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Bob Murray & Associates Proposal for the City of Orinda Page 10 joining Bob Murray & Associates, Valerie has completed over 160 searches in a diverse range of fields, including city and general management, planning, finance, human resources, transportation, communication and public relations, community and economic development, information technology, parks and recreation, and operations. She has recruited at all levels of municipal and non-profit organizations, from technicians and engineers to Executive Directors and Chief Executive Officers.

Valerie is valued for her passion for finding and retaining the most outstanding candidates for even the most difficult or untraditional assignments and for her commitment to her clients’ success; she is also active in a variety of industry organizations and in diversity-focused associations. Valerie is called upon often to serve as an expert speaker on topics such as managing one’s online reputation, diversity issues in municipal and non-profit leadership, and how to identify a positive placement for the organizational culture.

Ms. Gaeta Phillips, along with Executive Vice President Gary Phillips, has a passion for helping people, evidenced by fundraising, sponsorship, and involvement in raising awareness for organizations such as Autism Speaks, the UC Davis M.I.N.D. Institute, and the Northern California Special Olympics.

GARY PHILLIPS, EXECUTIVE VICE PRESIDENT AND RECRUITER
Since joining Bob Murray & Associates, Mr. Phillips has completed over 125 searches for executives and professionals in a wide variety of fields including animal services, city and general management, planning, legal counsel, cyber security, and human resources. Gary’s clients have ranged from municipal government to non-profit and private sector organizations, and he has sourced outstanding candidates for positions from the level of division managers up to City Managers, Executive Directors, and General Managers.

Gary started his career with a New York-based Fortune 100 company and quickly became a Senior Manager, building and running a large customer service organization that eventually expanded to 13 countries in Europe. He proceeded to hold senior leadership positions in several Fortune 500 companies, with noted successes such as building an organization from two to 250 employees worldwide and growing a company from 800 to 1200 employees.

As part of an executive acquisition and recruiting team, Gary helped build a start-up enterprise software company in San Francisco, recruiting top-notch talent and building a world-class organization. He has maintained customer relationships in the public sector and the private sector, including medical and financial institutions. He prides himself on finding key talent and offering the best customer service to his clients.

Mr. Phillips, along with Ms. Gaeta-Phillips, is involved in his community as a soccer coach, as an organizer of fundraisers for Autism Speaks and the UC Davis M.I.N.D. Institute, and as a sponsor of the Northern California Special Olympics. Mr. Phillips received his Associate of Science degree and completed additional coursework at Rochester Institute of Technology, NY.

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JOEL BRYDEN, VICE PRESIDENT AND RECRUITER
Mr. Bryden has over 30 years of local government experience that he brings to the firm, having retired as Chief of Police in Walnut Creek, CA prior to joining Bob Murray & Associates in 2013.

Throughout his career, Joel has been involved in public sector consulting, with vast experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government.

Joel has a solid reputation as a leader in the public sector and his ability to find and evaluate outstanding applicants for our clients is invaluable in the search process. Since joining Bob Murray & Associates, Joel has conducted over 100 recruitments in a broad range of sectors including police, fire, building, planning, city management, and general management. He is often called upon to recruit specialized or difficult-to-fill positions, such as Independent Police Auditor.

Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Communication from San Diego State University. He is currently based in Walnut Creek, CA.

YASMIN BEERS, SENIOR EXECUTIVE RECRUITER
Yasmin Beers brings over 33 years of municipal government experience to Bob Murray and Associates. Yasmin retired as the City Manager for Glendale with a population of over 200,000.

She served as Chief Executive Officer overseeing close to 2,000 employees serving in Police, Fire, Public Works, Parks, Community Development, Library Arts & Culture, Innovation Performance & Audit, and Water & Power to name a few.

Yasmin’s three decades of experience in public service brings extensive background in public sector finance, human resources management, contract negotiations, strategic planning & organizational leadership, policy development, emergency response & planning, team building and performance improvement. Throughout her career, Yasmin has had a great deal of experience in recruiting, selecting and hiring employees for executive and management level positions with a focus on the organizational needs and culture.

Yasmin currently serves on the Glendale Adventist Medical Center’s Civic Advisory Board and the Advisory Board for Village Christian School. Yasmin is a past member of Soroptimist International of Glendale where she served as President in 1999/2000. She is a past board member of Glendale Healthy Kids, Salvation Army and the American Red Cross. In 2011 the Glendale Chamber of Commerce recognized Yasmin as Woman of the Year; in 2013 she was the recipient of The Armenian American Woman of Excellence Award; in 2014 Yasmin was recognized by the Glendale Educational Foundation for her distinguished service and philanthropic efforts; in 2015, YWCA awarded Yasmin with the Heart & Excellence Award; in 2017, she was recognized by Business Life Magazine as a Women Achiever; and in 2018 the California State Senate recognized Yasmin as one of the Woman of the Year, each a tribute to her core values that represent her civic responsibilities, volunteerism and community service.

Yasmin has a Bachelor of Arts degree in Political Science from California State University, Northridge and a Master’s degree in Organizational Leadership from Woodbury University.

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CARMEN VALDEZ, SENIOR EXECUTIVE RECRUITER
Carmen Valdez provides executive recruitment and human resource services to municipal government agencies and non-profits. She has more than 25 years’ experience in team-building, executive search, general human resources, classification and compensation, testing, policy development, performance management, organizational development, discipline, and other employee relations activities.

Carmen has most recently been consulting with Municipal Resource Group, prior to which she spent over 30 years with the City of Milpitas, a Silicon Valley city of 70,000 residents. In this capacity, she was responsible for collective bargaining, PEPRA and Affordable Care Act implementation, modernizing Human Resource services to improve efficiencies and reduce costs, revamping the Workers Compensation service delivery and completing a City-wide strategic plan. Carmen also spent almost 2 years as the Director of Recreation Services.

In addition to her significant experience in the public sector, Carmen earned a Bachelor of Arts degree in Business from University of Phoenix. She is also a member of Local Government Hispanic Network and League of Women in Government. She is an avid runner and enjoys giving back to her community.

ADELE FRESÉ, SENIOR EXECUTIVE RECRUITER
Adele Fresé brings 27 years of local government experience to Bob Murray & Associates, having retired as Chief of Police in Salinas, CA prior to joining the firm in 2021. Adele began her public service career in 1985 as an active-duty member of the United States Marine Corps before serving the City of Corpus Christi for 20 years.

Adele has extensive experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government.

During her 7 years as a Chief of Police, Adele exercised strong leadership and implemented monumental changes leading to the diversification of her agency’s sworn staff. Adele’s commitment to collaboration with the public and law enforcement agencies earned her the Partner of the Year Award from Homeland Security Investigations, and her Department the Community Policing Award from the Community Policing Institute of California.

Adele received her Bachelor of Science degree in Criminal Justice Administration from California State University at Hayward, and a minor degree in Sociology. She earned a Master of Science in Public Safety, completed the Senior Executives in State and Local Government program at the Harvard Kennedy School, and PERF’s Senior Management Institute for Police. She is a Texas Certified Public Manager.

BRYAN HILL, SENIOR EXECUTIVE RECRUITER
Chief Bryan Hill (ret.) spent over 30 years serving as a public safety leader in the San Francisco Bay Area. During his career, he worked for three appreciably different East Bay cities and developed and led several regional programs providing him a broad perspective of local H.5.b
Packet Pg. 160 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Bob Murray & Associates Proposal for the City of Orinda Page 13 government. Much of Bryan’s career was spent working in a wide variety of leadership and executive level roles. As a police chief and city department head he was known for a progressive and principled leadership approach.

Throughout his career, Bryan emphasized community engagement. As a municipal government executive, he was dedicated to establishing lasting community partnerships, building strong teams, and continues to participate in leadership development.

Bryan received the California Police Officer’s Association Award of Distinction for his efforts in developing regional partnerships that increased efficiencies, professionalism and service to the community. Bryan received his Bachelor of Arts degree in Social Science from California State University, Sacramento and he earned a Master of Science in Organizational Leadership. He is a graduate of the FBI National Academy and holds a California POST Executive Certificate.

STACEY STEVENSON, SENIOR EXECUTIVE RECRUITER
In Ms. Stevenson’s 32 years of service in municipal government, she worked for the California cities of San Diego, National City, and Murrieta. Ms. Stevenson began her professional career in City of San Diego as a Personnel Analyst and went on to work in the Personnel, Metropolitan Wastewater, Engineering, and Contracting departments; as well as the City Manager’s office, progressing from Analyst to Deputy Director. She also assumed special projects such as the creation and opening of the City’s neighborhood service centers and Liaison to the City Council.

From San Diego she joined the City of National City where she served as the Director of Human Resources, the Director of Administrative Services, and Deputy City Manager. She oversaw Community Services, Finance, Human Resources, and Information Technology; and managed special projects such as the balloting and passage of the City’s local sales tax and the implementation of a new payroll module.

In the City of Murrieta, Ms. Stevenson served as Administrative Services Director and Deputy City Manager, again overseeing Community Services, Finance, Human Resources and Information Technology and managing special projects. Ms. Stevenson has also served as a commissioner on both the Child Care and Civil Service Commissions for the City of Chula Vista.

Ms. Stevenson holds a Bachelor’s degree in Industrial Organizational Psychology as well as a Master of Business Administration degree with an emphasis in Human Resource Management.

DEANNA CANTRELL, EXECUTIVE RECRUITER
Deanna Cantrell brings 28 years of municipal government passion and experience to Bob Murray & Associates as an executive recruiter. Deanna is recognized as a prominent driver of public safety leadership, innovative and evidence-based problem solving, advancing trust and community building, and developing leaders. She has a proven record for exceptional communication, talented public speaking, forward thinking policing, strategic planning, staff development, mentoring, and coaching.

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Packet Pg. 161 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Bob Murray & Associates Proposal for the City of Orinda Page 14 Deanna was the Chief of Police for the City of Fairfield, California for over two years. Prior to that, Deanna served almost five years as the Chief of Police in San Luis Obispo (SLO) California, and over 21 years with the Mesa, Arizona Police Department where she moved through the ranks from Officer to Assistant Chief.

Deanna has built a deep-rooted history of building trust with the community, improving employee health and wellness, and advancing meaningful police transformation. Deanna has developed numerous testing processes, has assisted in over 20 executive recruitments, and is gifted in mentoring, coaching and recognizing and developing talent. She served for four years as the Co-Chair for the California Women Leaders in Law Enforcement (WLLE) and is the WLLE Foundation Board President, also chairing the mentoring committee. Deanna served for six years on the California Police Chiefs Association Board. She is currently an Executive Fellow for the National Policing Institute and is on the Board for Police2Peace. In 2018 Deanna was selected as the 24th District, California Congressional Woman of the year, and in 2022, Women Leaders in Law Enforcement established the Deanna Cantrell Exceptional Leadership award.

Deanna holds a Bachelor of Science in Education and a Master of Administration from Northern Arizona University. She has an Executive Development Certificate from CA POST, teaches Advancing Ethical Leadership for CA POST through Cal State Long Beach, and is a graduate of Northwestern University Police Staff and Command School where she is also an adjunct faculty member, teaching policy, executive image, strategic planning, internal conflict.

Deanna enjoys the arts, playing the guitar, golfing, and growing future leaders.

JON LEWIS, EXECUTIVE RECRUITER
Jon Lewis brings over 30 years of municipal government experience to Bob Murray and Associates. Jon began his career in public service in 1991 with the City of Newport Beach, an iconic coastal community of 53 square miles in Southern California. After successfully working his way through the ranks of the Police Department, he honorably retired in December of 2022 after serving as the Chief of Police for nearly seven years. Jon is known for his commitment to selfless service, ethical leadership and maintaining longstanding community partnerships. During his tenure as Chief of Police, the Newport Beach Police Department achieved reduction in crime to historic lows through effective, data-driven community policing strategies as well as excellence in emergency response and 911 call answer times.

Jon graduated with honors from California State University Long Beach with a Bachelor of Science degree in Criminal Justice and Speech Communication, and holds a Master of Arts degree in Criminal Justice from Chapman University. He is a graduate of several advanced law enforcement training courses including the California Commission on Peace Officer Standards and Training Command College. Jon has authored two university-level textbooks in criminal justice and is an instructor with the Center for Criminal Justice Research and Training at California State University Long Beach.

He and his wife, Darcy, have two children and reside in Orange County.

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ALEXANDRIA KOPACK, RECRUITMENT AND OPERATIONS MANAGER
Alex is the Recruitment & Operations Manager with Bob Murray & Associates, and partners closely with each executive recruiter to support both clients and candidates through the entire recruitment process. Alex offers support to the recruitment coordinators by ensuring each employee has the tools necessary for success within the firm. She also posts available positions to job boards, schedules interviews, conducts background checks on candidates, and creates marketing materials for each search.

Alex graduated with a bachelor’s degree in Business Administration from Boise State University.

She has several years of experience in many different office settings and is eager to assist in the hiring process.

In her spare time, Alex enjoys spending time with her husband, family, and poodle (Theo), as well as playing tennis whenever weather allows.

KATHY LOLAS, SENIOR RECRUITMENT COORDINATOR
Kathy recently joined the Bob Murray & Associates team after eight years of retirement. She is serving as a Recruitment Coordinator and brings over 30 years of experience from the residential real estate, state government, and life coaching industries. As a Recruitment Coordinator, Kathy partners closely with executive recruiters to provide support to candidates and clients throughout the recruitment process. She assists with scheduling, conducting background checks, creating marketing materials, and posting advertisements for open recruitments.

Kathy returned to graduate school in 2015, earned her Master’s degree and launched a private lifecoaching practice. She is known for her outgoing personality, attention to detail and collaborative approach to successfully completing executive recruitments. In her free time, Kathy enjoys playing jazz piano, travel, boating, and playing with her poodle, “Rocky”.

STEPHANIE MARSHALL, SENIOR RECRUITMENT COORDINATOR
Stephanie serves as a Recruitment Coordinator with Bob Murray & Associates, partnering closely with executive recruiters to support clients and candidates through the recruitment process. She assists with scheduling interviews, creating marketing materials, posting advertisements, and conducting background checks, as well as many other administrative tasks that contribute to the success of each recruitment.

Stephanie graduated with a Bachelor’s degree in Anthropology and earned a Paralegal certification from the University of California, Davis. She’s worked in various offices before her time at Bob Murray & Associates and is excited to assist in the hiring process.

During her free time, Stephanie enjoys spending time with family, reading high fantasy novels, and being out on the water.

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STEPH SOUZA, ASSISTANT RECRUITMENT COORDINATOR
Steph serves as an Assistant Recruitment Coordinator with Bob Murray & Associates and supports clients and candidates during the executive recruitment process. She assists with a variety of administrative tasks that contribute to the success of each recruitment such as creating marketing materials, conducting recruitment outreach, coordinating interviews, conducting background checks, and creating interview books.

Steph graduated with a bachelor’s degree in Business Administration from Sacramento State University. She has worked in other Human Resources roles before her time at Bob Murray & Associates and is happy to assist in the hiring process.

During her free time, Steph enjoys weightlifting, being in nature, and spending time with her cat (Mochi).

GINI HERNDON, CONTRACTS ADMINISTRATOR/BOOKKEEPER
Ms. Gini Herndon is the Contracts Administrator/Bookkeeper at Bob Murray & Associates. Ms.

Herndon is the first point of contact at Bob Murray & Associates and has an extensive administrative background in business law.

Ms. Herndon is known for her collaborative approach as she works closely with our internal team and clients to ensure a successful search. As a first point of contact, Ms. Herndon is highly professional and maintains a high level of confidentiality and sensitivity.

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CORPORATION
Bob Murray & Associates was founded in May 2000 and operated under the corporation name MBN Services, Inc. until June 2014; our new corporation name is GVP Ventures, Inc., incorporated in California in 2014. Contact information for the corporation and the firm is as follows:

GVP Ventures, Inc. OR Bob Murray & Associates
1544 Eureka Road, Ste. 280
Roseville, CA 95661
(916) 784-9080
[email protected]
Our corporation and firm are financially sound (and have been so since 2000), with documentation from our accountant available to your organization prior to final execution of a professional service agreement. We have never been involved in any litigation, aside from our personnel serving as expert witnesses when called to do so.

PROFESSIONAL ASSOCIATIONS
Our firm, represented by either our President or our Executive Vice President, are involved in the following organizations to remain engaged with current and future issues relevant to the work we conduct on behalf of clients like City of Orinda:

California Special Districts Association – Member
California City Management Foundation (CCMF) – Member
International City/County Management Association (ICMA) – Member League of California Cities – League Partner
League of Women in Government – Sponsor/Member
Municipal Management Association of Northern California (MMANC) –Sponsor/Member Municipal Management Association of Southern California (MMASC) –Sponsor/Member National Forum for Black Public Administrators (NFBPA) – Committee member for Marketing and Branding
Members of our leadership team not only attend events sponsored by these associations but are also frequently called upon to serve as panel members and to provide specialized lectures regarding industry-specific issues.

Recent and upcoming speaking engagements and trainings provided by our staff include:
“Role of the Chief” class, presented by Joel Bryden on behalf of the California Police Chiefs Association
Organization of Latino Affairs invited speaker, Valerie Phillips for Hispanic Heritage Month; and
“The Next Step on Your Career Ladder: A Rung Up or a Missed Step? What City Managers are Seeking to Create a Dream Team,” Bob Murray & Associates is a leading participant on the MMANC 2019 Conference Panel
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REFERENCES
Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has recently conducted similar searches are listed below:

CLIENT: City of Clayton, CA
POSITION: City Manager
REFERENCE: Mr. Ron Bernal, Jr., City Manager (interim)
(925) 727-7958
CLIENT: Town of Moraga, CA
POSITION: Town Manager
REFERENCE: Ms. Renata Sos, Board Chair
(415) 205-3945
CLIENT: City of Piedmont, CA
POSITION: City Administrator
REFERENCE: Ms. Michelle Kenyon, Esq.
(510) 273-8780
We appreciate the City of Orinda’s consideration of our proposal and look forward to working with you.

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MANAGER
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COMMUNITY
The Town of Moraga is a picturesque and
family-oriented community with a culture
of volunteerism, welcoming, belonging, and
inclusion. Moraga is in Contra Costa County,
tucked into the San Francisco East Bay hills between
the cities of Orinda and Lafayette. It. is a bedroom community that offers a quiet semi-rural lifestyle with a small-town feel and easy access to big city amenities. It boasts close-knit neighborhoods and lovely tree-lined streets. Moraga is also proud to be the home of Saint Mary’s College, a prestigious Catholic university with almost 4,000 students and very much a part of the fabric of Moraga.

Incorporated in 1974, Moraga now encompasses an area of 9.5 miles and has a population of nearly 17,000. The Town is primarily comprised of single-family residential homes but also has two outdoor shopping centers with a variety of shops and restaurants, as well as a movie theater, weekly farmers’ market, low-rise medical and office buildings, condominium and apartment complexes, and three senior care residential facilities. The community has no direct freeway access, which enhances Moraga’s semi-rural look and feel. Commuters can easily access BART stations in nearby Lafayette and Orinda, and the nearest freeways are just five miles away.

The Town is consistently recognized for its safe neighborhoods, small town atmosphere and excellent public schools. In 2020, Moraga was rated one of the top 10 safest college towns in the United States. The Town annually hosts iconic community events such as the Pear Festival, Fourth of July Fireworks, outdoor concerts during the summer, a holiday tree lighting and other gatherings for residents and visitors of all ages.

Three elementary schools, one intermediate school, and the choice of three high schools that are consistently ranked as some of the best in the state and even nationwide also attract families to Moraga.

Residents enjoy outdoor activities and are actively engaged in civic and community affairs and have a longstanding tradition of volunteering and providing service to others. The Town partners and collaborates with the many clubs and organizations that contribute to the betterment and beautification of the Town, such as the Moraga Park Foundation, Moraga Garden Club, Kiwanis, Rotary, Lions, and
the Moraga Community Foundation, to
name a few. Moraga also has its
own Chamber of Commerce
that supports and advocates for local businesses.

To learn more about the
Town of Moraga, please
visit:
www.moraga.ca.us
THE

ORGANIZATION
Moraga is a General Law City and
operates under the Town Manager/
Council form of government. The
Moraga Town Council is non-partisan
and is made up of five members of
the community elected at-large for
four-year staggered terms. The Council
selects a Mayor from among its
members on an annual basis. The
Council is responsible for general Town
policy, as well as the appointment of
the Town Manager and Town Attorney.

The Town Manager serves at the
pleasure of the Council and is the
Town’s chief administrative officer.

Through a dedicated staff of 40
employees, the Town provides a
range of municipal services including police, public works (construction and maintenance of streets, storm drains, public buildings, and
other infrastructure), parks and recreation (recreational programming, park acquisition and improvements,
and maintenance of parks), planning and general administrative services. Fire protection services
are provided by the Moraga-Orinda
Fire District (MOFD), a special district in Contra Costa County. The Town works closely with the MOFD
on matters of resident safety and
emergency evacuation. Water services are provided by the East Bay Municipal Utility District (EBMUD),
and sanitation (sewer) services are
provided by the Central Contra
Costa Sanitary District. Solid waste,
diversion, and residential recycling
collection services are provided
by Republic Services by virtue of
Moraga’s participation in the Central
Contra Costa Solid Waste Authority,
a Joint Powers Authority better
known as RecycleSmart. The Town
is also a member of MCE, a community choice power aggregator, H.5.b
Packet Pg. 168 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) that provides residents with
greater choice in procuring
electricity.

The Fiscal Year 2022/23
Operating Budget totals
$11.3 million for operating
program expenditures
with an anticipated annual surplus of $400,000.

The Capital Improvement
Budget totals $13.6 million.

The Town maintains a 50%
General Fund Reserve and the
State Auditor ranks Moraga at a
low risk of fiscal distress.

Annually, the Town Council, with input from the
community, sets policy goals and priorities for the calendar year. Goals for 2022 include: continuing to position the Town for long-term fiscal sustainability and operational efficiency; implementing the Town’s Regional Housing Needs Allocation; attending to roads, storm drains and related infrastructure; investing in emergency evacuation planning; maintaining public safety; and enhancing the Town’s parks, open space, and facilities for the benefit of the public.

THE POSITION AND

IDEAL CANDIDATE
The Town Manager serves at the pleasure of the Town Council and is responsible for implementing the vision, policies, and goals of the Town Council. This role requires a close and professional working relationship with the Council, Town staff, and the community at large. As chief administrative officer, the Town Manager is directly responsible for planning,
organizing, and directing the activities of all Town
departments and entities. This career opportunity
is available with the upcoming retirement of the
current Town Manager.

The Town Council is seeking an effective and
decisive leader who is a proven team builder,
diplomatic communicator, and strategic thinker. The
Town Manager will be in tune with the needs of the
residents and will foster a culture of transparency,
responsiveness, and empathy. Candidates for the position will be experienced managers of staff who have demonstrated the ability to create and sustain a positive and supportive work environment. Candidates who are fiscally prudent with a strong financial background, have a business perspective, and who understand all aspects of a Town’s finances, including the intricacies of budgets and capital improvement plans, will be most competitive. Fiscal responsibility, implementation of state housing requirements, long
range planning, focus on the town’s
retail environment, and operational
efficiency will be immediate priorities
for the new Town Manager
The Council is looking for candidates
who understand how to build trust
and strong, sustaining relationships
with all community stakeholders. The
Town Manager will assist the Council
in reaching their goals by providing
clear analyses and recommendations
that are supported by research and
facts and that facilitate informed
decisions and policy making by the
Council. The Town Manager will
also assist the Council in strategic
planning and in positioning the Town
for both short- and long-range fiscal
and operational sustainability.

The Town Manager will work to
maintain transparency and quality
customer service within the Town
government and will continue to
communicate with and seek input
from the community. It is expected
that the Town Manager will maintain the ongoing collaboration with neighboring communities and with
strategic partners, including
Saint Mary’s College, the
local school districts, the
fire district, the Moraga
Chamber of Commerce,
service organizations,
and others. It is expected that the Town
Manager will be a
hands-on manager,
possessing a solid
knowledge and understanding of municipal planning and land use, finance and budget, economic development, business retention and investment, efficient allocation of
resources, and grant opportunities.

The new Town Manager will inspire
and empower staff, fostering an open
and transparent work environment
H.5.b
Packet Pg. 169 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) while modeling continuous improvement. It is essential
that candidates are approachable, respectful to all, and conduct themselves with the highest ethics and standards.

Bringing a calm style, maturity, and self-confidence, the Town Manager will be politically savvy, yet remain apolitical.

The individual selected will communicate clearly and concisely, both orally and in writing, and have the ability to proactively engage community interests and collaborate on differences in opinion and philosophy. Individuals who possess strength of character, a sense of humor, and who are able to collaborate without compromising principles are encouraged to apply.

The ideal candidate understands and appreciates the unique needs of close-knit communities like Moraga and can inspire a shared vision for the future.

Qualified candidates possess a Bachelor’s degree with major coursework in public or business administration or a related field. A Master’s degree is preferred.

COMPENSATION
The salary for the Town Manager is competitive and dependent upon experience and qualifications. The Town of Moraga also offers an attractive benefits package that includes the following:

Retirement – 2% at 55 for CalPERS “Classic” members (employee contributes 7% plus 3% cost sharing); 2% at 62 for CalPERS “PEPRA” members; Health Insurance – Town offers three plans including Kaiser HMO – Gold level plan, and two Blue Shield Plans; Town pays up to premium rate for Kaiser HMO for employee and eligible dependents;
Dental Insurance – Town pays premium for employee and eligible dependents;
Life Insurance – Town provides policy in amount of $200,000; Vacation – Competitive vacation benefits;
Administrative Leave – Competitive
administrative leave benefits;
Holidays – Competitive holiday benefits;
Sick Leave – Competitive sick leave
benefits; and
Automobile Allowance – $500/month

TO APPLY
If you are interested in this outstanding opportunity, please apply online at:
www.bobmurrayassoc.com
Filing Deadline:

January 3, 2023
Following the closing date, resumes
will be screened according to the
qualifications outlined above. The
most qualified candidates will be
invited to personal interviews with
Bob Murray & Associates. A select
group of candidates will be asked
to provide references once it is
anticipated that they may be recommended as finalists. References will be contacted only following
candidate approval. Finalist interviews will be held with the Town of Moraga, CA. Candidates will be
advised of the status of the recruitment following selection of the Town Manager.

If you have any questions, please
do not hesitate to call Gary Phillips
at:
(916) 784-9080
H.5.b
Packet Pg. 170 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) CITY

ADMINISTRATOR
CITY

ADMINISTRATOR
H.5.b
Packet Pg. 171 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search)

THE COMMUNITY
The City of Piedmont (the City) is a unique and
beautiful community which simultaneously
clings to rich tradition while embracing everything that is new and exciting. This community of approximately 11,000 residents is located in the
beautiful Oakland Hills, overlooking the San Francisco
Bay. The community was aptly named “Piedmont,” or
“foot of the mountain” by James Gamble, owner of the Piedmont Land Company. Over the years, gardens, bridges, parks, and schools were developed, and many artists, writers, and prominent citizens made Piedmont their home. Following the 1906 San Francisco earthquake, the community of Piedmont grew ten-fold in just one year. By 1907, residents voted to incorporate as the City of Piedmont, and in 1923 the City became a charter city.

Today, ambitious efforts are underway to usher in Piedmont’s vision for the future with a host of thoughtfully designed capital improvement projects and outstanding community events. The City is currently in the process of building a brand-new aquatics facility, the first of several major capital projects in our immediate future. Piedmont is also leading the county in Climate action with its Reach Codes, pool electrification, and all renewable energy, and is actively working to become a more diverse, inclusive community where all feel valued and included. Other opportunities lie ahead in the form of working to help solve the regional housing crisis. Work has begun by developing a comprehensive plan to support all types of housing, community development, and major infrastructure projects. For example, the City is in the beginning stages of developing a civic center master plan that includes essential services such as police, fire, and city administration.

It is outstanding and generous residents, however, that are the heart of Piedmont.

The City is intentional to enhance quality of life through an assortment of city-sponsored events, such as movies and concerts in the park, the annual Martin Luther King Day celebration, and the well-known 4th of July Parade. With 300+ newer community members attending the “Welcome to Piedmont” event and the 50+ volunteers who envisioned and planned “FoodFest”, which attracted 1200+ from all over the East Bay, it’s easy to see why Piedmont is positioned for an exciting future.

The City is served by the Piedmont Unified School District. The District has three elementary schools, one middle
school, two high schools, and an
adult school. On California
Standards Tests and STAR,
the District is among
the highest-ranking
unified school districts in the state,
and over 95% of
graduates pursue
a college education.

THE ORGANIZATION
Piedmont is a full-service charter city
operating under a City Council/
Administrator form of government.

Five Council members are elected
at-large on a nonpartisan basis to
staggered, four-year terms. Elections
are held concurrent with the statewide
general election in November of
even-numbered years. Following each
election, the City Council elects a
mayor and vice-mayor from among
its members. Under the City Charter, a
Councilmember may be elected for
no more than two consecutive four-year
terms of office. After two full terms
have elapsed (eight years), Council
members may run again for office.

The City of Piedmont is served by a
variety of skilled volunteer committees
appointed by the City Council. These
include the Civil Service, Park, Planning,
and Recreation Commissions; the Police
and Fire Pension Board; and the Budget
Advisory and Financial Planning, CIP
Review, City-School Liaison, and Public
Safety Committees.

The City Administrator and City Attorney
are appointed and directed by, and
hold office at the pleasure of, the
Piedmont City Council. All other department heads are appointed by the City Council upon recommendation of
the City Administrator. Department
Heads are directed by and serve at
the pleasure of the City Administrator.

The City employs 96 full-time employees
and has a total operating budget of $34
million. Piedmont has an outstanding
team of public servants that pride
themselves on delivering quality and
customer-focused services to the
community. The City’s skilled and
professional leadership team enjoys
a collegial and supportive culture.

Piedmont relies primarily on property
tax revenue and is fiscally sound. The
City budgets very conservatively and
staffs accordingly. The City targets a
General Fund Reserve of 18% of operating expenditures.

H.5.b
Packet Pg. 172 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search)

THE POSITION
The new City Administrator will
join a thriving, well-established
local municipality pursuing an
exciting new chapter. The
individual selected from
this recruitment process
will be Piedmont’s fourth
City Administrator over the
past 33 years and will be
carrying forward not only a
legacy of community-service and
conservative fiscal management,
but a commitment to refine the vision
for Piedmont. The City Administrator will
have opportunity to create a renewed sense
of community by developing strong partnerships, inspiring staff, and engaging the talented and generous residents. In addition, she/he will serve as a leader in representing the City of Piedmont on regional challenges and issues, working with other Alameda County communities, special districts, and strategic partners. The City is currently drafting the 2023-2031 Housing Element which will require several changes to the City Code in order to accommodate additional housing units. Because the City is largely built-out, with many long-term residents, the new City Administrator will need to be significantly engaged with the process and employ careful thought to bring the plan to fruition.

The City Administrator will also provide the City Council with well-supported recommendations, treat all Council members equally, and will be respectful and responsive in implementing Council policy. Under policy direction of the City Council, the City Administrator will plan, organize, and provide administrative direction, oversight and coordination for all City functions and activities.

Other duties include:
• Overseeing the preparation of the annual budget for
the City; authorizing expenditures and purchases;
providing information regarding the financial condition and needs to the City Council;
• Advising the City Council on issues, programs, and
financial status; preparing and recommending longand short-range plans for City service provision, capital improvements and funding; and directing the
development of specific proposals for action regarding
current and future City needs;
• Overseeing the administration, construction, use and maintenance of all City facilities and equipment, including buildings, parks, facilities, and other public property;
• Overseeing the selection, training, professional development, and work evaluation of City staff; overseeing the implementation of effective employee relations and related programs; providing policy guidance and interpretation to staff;
• Directing the preparation of and
preparing a variety of correspondence,
reports, policies, procedures, and
other written materials; and
• Monitoring changes in laws, regulations and technology that may affect City operations; implementing policy
and procedural changes as required.

THE IDEAL

CANDIDATE
The City of Piedmont is looking for a
creative, innovative, optimistic, and
forward-thinking City Administrator to
come in on the ground floor and define
a vision for the City. The ideal candidate
will embrace the unique history and
qualities of the Piedmont community,
while also driving a new vision forward
into the future. The ideal candidate
brings proven, hands-on leadership
experience that is energetic, compassionate, and confident in a local government setting. Communicating
regularly with the City Council, the
City Administrator will provide timely
project updates, as well as information on current and future issues and challenges. The new City Administrator
will be comfortable interacting and
engaging with the public, attending community events and meeting with residents directly. The City Administrator will be solution oriented and
will possess excellent
diplomacy and political
acumen. Respecting the
professional leadership
team for its abilities, the
City Administrator will be
a collaborative and inclusive
leader who understands diversity, equity, and inclusion and who asks the right questions, setting
a high standard and challenging the
team to innovate.

As the team’s leader, the new City
Administrator will support, coach, and
mentor staff and will encourage continuous improvement and development.

H.5.b
Packet Pg. 173 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) The next City Administrator will understand how technology improves efficiency and quality of service and will focus on best practices. The new City Administrator will take the time needed to assess the organization and identify opportunities for improvements and efficiencies to better serve the organization and the community. The selected candidate will also have experience managing large projects (including capital improvement) through others and an understanding of shepherding a project from conception to financing to execution, in a successful manner and without surprises.

The City is looking for experienced leaders with high emotional intelligence who build trust, and who bring out the best in staff. A generalist background is most desired, although technical experience in the areas of budget and finance are appreciated. A Bachelor’s degree in public administration, business administration, or a closely related field is required; a Master’s degree is preferred.

COMPENSATION

AND BENEFITS
The salary for the City Administrator is competitive and dependent upon experience and qualifications. The City also offers an outstanding benefits package including life, health, dental, and vision insurance; leave time; and a car allowance. In addition, retirement is through CalPERS 2% @ 60, three-year average benefit calculation (legacy). Employees new to the CalPERS system, or not eligible for reciprocity, will be provided the CalPERS 2% @ 62 plan. Another attractive employment benefit is that children of city employees are eligible to attend school in the Piedmont Unified School District.

TO APPLY
If you are interested in this outstanding opportunity, please apply online at:
www.bobmurrayassoc.com
Filing Deadline:

November 20, 2022
Following the closing date, resumes
will be screened according to the
qualifications outlined above. The
most qualified candidates will be
invited to personal interviews with
Bob Murray & Associates. A select
group of candidates will be asked to
provide references once it is anticipated that they may be recommended as finalists. References will be contacted
only following candidate approval.

Finalist interviews will be held with the
City Council. Candidates will be advised
of the status of the recruitment following selection of the City Administrator position.

If you have any questions, please do
not hesitate to call Gary Phillips at:
(916) 784-9080
H.5.b
Packet Pg. 174 Attachment: Bob Murray & Associates Proposal (3287 : City Manager Executive Search) Proposal For
January
2024
13217 Jamboree Rd., #248
Tustin, CA 92782
888.4.JGA.1ST
JacobGreenAndAssociates.com
Proposal For
City Manager
Recruitment Services
H.5.c
Packet Pg. 175 Attachment: Jacob Green & Associates Proposal (3287 : City Manager Executive Search)

LETTER FROM CEO JACOB GREEN

TABLE OF

CONTENTS

BACKGROUND & EXPERIENCE

COST PROPOSAL

SCOPE OF SERVICES

Page 1 ends

Orinda City CouncilJanuary 23, 2024

Orinda City Council
January 23, 2024