Orinda City Council
May 7, 2024

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING

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In Person:

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

CITY COUNCIL
AGENDA
Tuesday, May 7, 2024
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 05.07.24
How to follow and/or participate in the meeting:

IN PERSON SPEAKER CARDS: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. After the City Council has heard from everyone who submitted speaker cards, anyone electing not to submit a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.

WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting by following instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3pm on the day of the meeting. Those comments will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:
https://tinyurl.com/Orinda-Public-Comments
REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
B. PLEDGE OF ALLEGIANCE
City Council
Agenda Page 2 05.07.24
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. Proclamation Declaring May, 2024 as Wildfire Prevention Month in Orinda
D.2. Proclamation Declaring May, 2024 as Asian American and Pacific Islander Heritage Month in Orinda
D.3. Proclamation Declaring May, 2024 as Jewish American Heritage Month in Orinda
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.

Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

F. CONSENT CALENDAR
F.1. Approve Engineer's Report for the Levy of Annual Assessments; Providing Notice of Intention to Levy Annual Assessments; and Set June 18, 2024 as the date for the Hearing on the Levy of Assessments for Orinda Street Lighting and Landscaping
Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2025.

Recommendation:

Adopt Resolution No. 16-24, Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year Ending 2025, Orinda Street Lighting and Landscaping Assessment District No. 1986-1, Zones L-42, M-9 and M-11 and Resolution No. 17-24, Intention to Levy and Collect Assessments for Fiscal Year Ending 2025 within the Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11.

F.2. Acceptance of the Library Parcel Tax Independent Review Annual Report For The Period Ending (June 30, 2023)
Recommendation:

City Council
Agenda Page 3 05.07.24
Receive and accept the Report for the period ending June 30, 2023.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Red Flag Days Parking Restrictions Program Policy Update Recommendation:

Staff recommends the City Council approve Resolution 15-24/Traffic Order No. 229 to update the Red Flag Parking Restrictions Policy with revisions directed by City Council at the April 16, 2024 meeting.

H.2. Update on CalTrans Gateway Site and Decertification Evaluation Progress Report
Recommendation:

Receive Report
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 -- EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: arbitration of coverage dispute between the City of Orinda and the Municipal Pooling Authority (MPA) in the matter of Rains, et al v.

City of Orinda (Contra Costa Superior Court Case No. C20-01893).

M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, May 21, 2024 at 7:00 PM.

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

City Council
Agenda Page 4 05.07.24
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.

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

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

PROCLAMATION

DECLARING MAY AS WILDFIRE AWARENESS MONTH IN ORINDA
WHEREAS May is National Wildfire Awareness Month, which dedicates the entire month to prevention and preparedness; and
WHEREAS, according to the National Fire Protection Association (NFPA), more than 80% of wildfires are started by human-related activity, however, even natural-caused wildfires can be reduced in destructiveness through proactive measures. Preventable wildfires threaten lives, property, and precious natural resources; and WHEREAS, the hotter, drier weather of summer approaches, the risk of wildfire increases. There are some steps that can be taken to aid in the prevention of wildfires from starting and spreading. From fire-resisting building materials to following the safety protocols for handling fire when outdoors, or storing fuel, we can all take part in reducing wildfires; and
WHEREAS, wildfire season is year-round in many parts of the country now. What can you do to help support our firefighters and protect your family from wildland fires? The National Fire Protection Association (NFPA) recommends tips to help prevent fires from starting in our homes or community:
• Create and maintain five feet of non-combustible space around homes and commercial buildings.
• Reduce the accumulation of flammable materials and brush that can burn around your home by removing pine needles, dry leaves, or other flammable materials. • Protect your roof: trim branches that overhang your home and remove any leaves, needles, and sticks from your roof and gutters. • Move wood piles and small propane tanks 30 feet or more away from your (and your neighbor’s) home; and maintain a 10-foot boundary of bare mineral soil and a 20-foot clearance of hazard vegetation around them.
• To keep sparks and flames from getting underneath, screen under your porch and other open areas with wire mesh no larger than 1/16 inch. • Know your evacuation route.

WHEREAS, be prepared in case you need to evacuate:
• Keep important documents in a fireproof safe, on a USB drive, or store password-protected documents online.
• Give yourself time and evacuate early if possible. If you can’t leave, designate a room that can be closed off from outside air in case air conditions become hazardous.
• Have a household emergency plan and out of area emergency contact. • When making plans, don’t forget the needs of pets.

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Communication: Proclamation Declaring May, 2024 as Wildfire Prevention Month in Orinda (ITEMS FOR THE GOOD OF THE CITY) • Make sure that you know more than one way out of your neighborhood. • Sign up to receive emergency alerts and notices for your community; and WHEREAS, Wildfires can develop and spread quickly, leaving little time to get somewhere safe. Know what to do to keep yourself, your family, and your pets safe, and take steps now to protect your future now and throughout the month of May and onward.

NOW, THEREFORE BE IT RESOLVED, that May, 2024 is declared Wildfire Awareness Month in the City of Orinda.
__________________
Darlene K. Gee, Mayor
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Communication: Proclamation Declaring May, 2024 as Wildfire Prevention Month in Orinda (ITEMS FOR THE GOOD OF THE CITY)

PROCLAMATION
Declaring May 2024 as Asian American and Pacific Islander Heritage Month WHEREAS, the month of May was chosen as Asian American and Pacific Islander Heritage Month to commemorate the immigration of the first Japanese citizen, Nakahama Manjiro, to the United States on May 7, 1843, and also the anniversary of the May 10, 1869 completion of the first Transcontinental Railroad, built with the back-breaking labor of nearly 20,000 Chinese immigrants; and
WHEREAS, Asian American and Pacific Islander Heritage Month is observed during the month of May to recognize the contributions and influence of Asian Americans and Pacific Islander Americans to the history, culture, and achievements of the United States; and WHEREAS, California and particularly the Bay Area is proud to be home to a large Asian American and Pacific Islander population that contributes greatly to the prosperity and enrichment of our Country; and
WHEREAS, Asian American and Pacific Islanders have distinguished themselves as leading researchers in science, medicine, and technology; innovative farmers and ranchers; distinguished lawyers, judges and government leaders; in the arts, literature, and sports; as war heroes who defended our country from fascism; and peacetime healthcare heroes currently on the front lines of the pandemic; and
WHEREAS, Asian American and Pacific Islander communities in California have shared their rich culture and traditions while representing their communities through public service and advocacy; we must also acknowledge a darker aspect of the AAPI experience in America - structural discrimination, prejudice and injustice that most recently manifested itself in racist attacks on Asian Americans related to the COVID-19 pandemic; and WHEREAS, diversity represents one of our greatest strengths, and by recognizing the contributions and accomplishments of Asian American and Pacific Islanders, Orinda and the Bay Area celebrate the importance of inclusion to building a brighter future for all of our citizens; and WHEREAS, Orinda is committed to providing comprehensive support to ensure that the Bay Area is equitable and welcoming to all people; and
WHEREAS, Asian American and Pacific Islanders join all Americans in the desire to see a peaceful and diverse society, where every individual is treated equally and feels safe; and WHEREAS, Asian American and Pacific Islander Heritage Month is an opportunity to celebrate the great pride and vibrancy of Asian Americans and Pacific Islanders in Orinda and the Bay Area, whose abilities, essential contributions, sacrifices and accomplishments, strengthen California’s economy, diverse culture, and communities NOW, THEREFORE BE IT RESOLVED, that I, Darlene Gee, Mayor of the Orinda, on behalf of the City Council, do hereby proclaim May 2024 as “Asian American and Pacific Islander Heritage Month” in Orinda, and call this observance to the attention of all our citizens.

Dated: May 7, 2024
Darlene K. Gee
Mayor, City of Orinda
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Communication: Proclamation Declaring May, 2024 as Asian American and Pacific Islander Heritage Month in Orinda (ITEMS FOR THE GOOD

PROCLAMATION
Declaring May 2024 as Jewish American Heritage Month in Orinda WHEREAS, from our Nation's earliest days, Jewish Americans have been an essential part of the American story, greatly contributing to the religious, cultural, political, economic, and intellectual advancement of all people even while in the face of discrimination and adversity, working tirelessly to realize their piece of the American dream with relentless spirit, and these remarkable achievements have enriched our country, stirred our conscience, and challenged us to extend the miracles of freedom and security; and
WHEREAS, as we celebrate the rich heritage of the Jewish American community, in the City of Orinda and the nation, we recognize that American Jews have worked tirelessly to strengthen the promise of religious freedom and civil rights in the United States by joining together with all faiths to reject ignorance and intolerance, teach empathy and compassion, and root out hatred wherever it exists, and through our understanding and study of the Holocaust, we know the human devastation that can come from systemic prejudice, and are compelled to “never forget”; and
WHEREAS, we are reminded that the vibrant culture and life of the Jewish people has experienced prejudice and discrimination and that Jewish communities continue to confront hostility and bigotry, including in America, and the City of Orinda shares the obligation to condemn and combat anti-Semitism and hatred wherever it exists; and WHEREAS, May 2024 is recognized as Jewish American Heritage Month by Presidential Proclamation stating that The Jewish American experience is a story of faith, fortitude, and progress. It is a quintessential American experience — one that is connected to key tenets of American identity, including our Nation’s commitment to freedom of religion and conscience. This month, we honor Jewish Americans — past and present — who have inextricably woven their experience and their accomplishments into the fabric of our national identity; and WHEREAS, during Jewish American Heritage Month, the City of Orinda celebrates the hard-fought progress won through the struggle and sacrifice of Jewish Americans, and we rededicate ourselves to building a world where diversity is cherished and faith is protected.

NOW THEREFORE, as Mayor of the City of Orinda, I hereby proclaim May 2024 as Jewish American Heritage Month in the City of Orinda and call upon all residents to celebrate Jewish Americans who contributed immeasurably to the fabric American history, culture, science, education and social justice, and to many aspects of our local Orinda Community, to visit www.jewishheritagemonth.gov to learn more about the heritage and contributions of Jewish Americans, and to observe this month with solemn remembrance.

Dated: May 7, 2024
Darlene K. Gee
Mayor, City of Orinda
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Communication: Proclamation Declaring May, 2024 as Jewish American Heritage Month in Orinda (ITEMS FOR THE GOOD OF THE CITY) City Council
Staff Report
Agenda Item: F.1
Date: May 7, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approve Engineer's Report for the Levy of Annual Assessments; Providing Notice of Intention to Levy Annual Assessments; and Set June 18, 2024 as the date for the Hearing on the Levy of Assessments for Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2025.

RECOMMENDATION:

Adopt Resolution No. 16-24, Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year Ending 2025, Orinda Street Lighting and Landscaping Assessment District No. 1986-1, Zones L-42, M-9 and M-11 and Resolution No. 17-24, Intention to Levy and Collect Assessments for Fiscal Year Ending 2025 within the Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11.

BACKGROUND:

The Orinda Street Lighting and Landscape Assessment District No. 1986-1 (AD 86-1) consists of three distinct zones of benefit. These zones are former County Service Areas. Assessment District 86-1 was created upon incorporation to continue similar services. A description of each zone is shown below:
• The L-42 Zone finances the cost of residential street lighting within four neighborhoods in South Orinda. These neighborhoods are:
o Tahos Road from just north of Bates Blvd to the south cul-de-sac including Bates Court, Silverwood Court, and Oakridge Court; Meadow View Road from Meadow Lane to the north cul-de-sac
o Valley Drive from Heather Lane to south of Valley Court o Courtney Lane
o Martha Road and Catherine Court (cul-de-sac sections of both streets) • The M-9 Zone finances the cost of residential street lighting in the Orinda Downs area along the following streets:

Dalewood Drive Amber Valley Drive Sundown Terrace
Redcoach Lane Singingwood Lane Silver Oak Terrace
Coachwood Terrace Fallen Leaf Terrace Happy Valley Road • The M-11 Zone is comprised of commercial properties in the Village and Crossroads areas, and finances the cost of part or all of the following services:
o street lighting
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o street sweeping
o litter pickup
o landscape maintenance (median islands, right-of-way, and mini-parks) o water and electric utilities for landscaping (water, electrical irrigation) The service levels for this zone are reviewed on an annual basis.

An election was held in July 1999 in the District to increase assessments and provide for future adjustments to the assessments based on the annual change in the consumer price index (CPI). The increases were approved within the L-42 zone and M-9 zone, but not within the M-11 zone.

For Zones L-42 and Zone M-9 which are authorized to be adjusted the practice used by the City, is to calculate the adjustment based on the annual change in the Consumer Price Index (CPI) as reported for San Francisco-Oakland-Hayward, CA, all urban consumers. The report is published bi-monthly and the February report is used for the calculation. The Federal Bureau of Labor Statistics reported that between February 2023 and February 2024 the index increased by 2.36%.

DISCUSSION:

The City Council is required to establish the budget and levy assessments within each of the three zones of benefit annually in order to continue financing the services within the assessment district. The first step in the assessment levy process is the adoption of a resolution ordering engineering assistance in the preparation and filing of the report, which was done at the City Council Meeting of April 16, 2024. The next step is to approve the Engineer's Report (Attachment A), to declare the City's intention to levy and collect assessments and to set the date for the public hearing regarding the assessments. Adoption of Resolution No. 16-24 and No. 17-24 (Attachments B and C) will satisfy the requirements and will set the public hearing date for Zones L-42, M-9 and M-11 for June 18, 2024.

The City utilizes a consultant to prepare the Engineers report and process the levy that is delivered to the Contra Costa County Tax Collector. It should be noted that Zone M11 does not have an inflator due to majority opposition in the 1999 assessment ballot proceeding.

The subject Engineer's report establishes the proposed budgets for the next fiscal year for each zone, the estimate of actual costs for the current fiscal year and a statement regarding the basis for the assessment levy on properties. The Engineer's report also refers to several exhibits that provide background data; the original exhibits are on file in the City Clerk's office. There are no proposed changes to the district boundaries for the upcoming fiscal year.

Section 5 of the Engineer's Report provides both projected revenues and expenses for FY 2024 and a proposed budget for Fiscal Year Ending 2025 for the Orinda Street Lighting and Landscaping Assessment District No. 1986-1. The types of expenditures F.1
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remain consistent with the previous years. Zones L42 is projected to have a reserve balance, which is within the allowed reserve under State laws related to assessment districts. It should be noted that Zone L-42 continues to maintain a relatively high reserve. This reserve is established primarily to cover future replacement costs when a street light pole within Zone L-42 requires replacement. Such poles are Caltrans Type poles of steel construction and if replaced would cost an estimated $17,000 each, depending on pole base conditions.

As shown in each of the zones the General Fund Contribution fully offsets any “general benefits,” which complies with the requirements for an assessment to only levy the costs of the special benefits. Zone M-11 operates with a significant General Fund Contribution beyond the amount required to cover the “general benefit costs”.

The amount of the General Fund contribution to Zone M11 has fluctuated from year to year as shown below:

General Fund Contribution
FY 2022-23
Actual
FY 2023-24
Estimated
FY 2024-25
Proposed
To District M11 $52,313 $51,164 $56,021
NEXT STEP:

If approved by the Council, a public hearing will be held on June 18, 2024.

FISCAL IMPACT:

The proposed Fiscal Year 2024-25 Assessments to be collected from parcels in Assessment District 86-1 (all zones) will provide $60,619 to partially offset $114,077 of expenses. The General Fund will contribute $56,021 towards the expenses which includes funding general benefits that cannot be funded from special assessments.

ATTACHMENTS:

A. Annual Report FY 24-25, L&L District 1986-1
B. Resolution 16-24 Approve Eng Rpt L&L District
C. Resolution 17-24 Inent to Levy L&L District
Respectfully Submitted by:

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

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Resolution No. 16-24

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

Approving the Engineer’s Report for )
the Levy of Annual Assessments )
for Fiscal Year 2025, Orinda Street ) Resolution No. 16-24 Lighting and Landscape Assessment )
District No. 1986-1, Zones L-42, M-9 )
and M-11 )
WHEREAS, the Orinda City Council previously formed an assessment district under the Landscape and Lighting Act of 1972 (Streets and Highways Code, Part 2, Division 15, Section 22500 and following); and,
WHEREAS, the district was designated the “Orinda Street Lighting and Landscape Assessment District No. 1986-1,” and replaced the former County Service Areas L-42, M-9, and M-11; and
WHEREAS, the Assessment District contains three zones: L-42, M-9, and M-11; and WHEREAS, the description of improvements, estimate of costs, method of assessment, assessment roll and assessment diagram for each zone are set forth in detail in the Engineer's Report; and
WHEREAS, the improvements and services of the Assessment District which will be performed in each zone are as follows:

Zone Description
L-42 Street lighting facilities and services
M-9 Street lighting facilities and services.

M-11 Street lighting facilities and services, street
sweeping services, park and parkway facilities
and services, including but not limited to the
beautification of the business area.

WHEREAS, it is necessary to undertake proceedings under the provisions of the Streets and Highways Code for the levy and collection of assessments for the Fiscal Year 2024 within the existing Assessment District; and
WHEREAS, this Council has determined that it is necessary to continue building reserves in District L-42 in the event a city owned street light pole requires replacement; and F.1.b
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Attachment: Resolution 16-24 Approve Eng Rpt L&L District (3350 : L&L District 2nd meeting) Resolution No. 16-24

WHEREAS, this Council has determined to proceed to levy an annual assessment and did on April 16, 2024, order the Engineer to prepare and file a report in accordance with the Landscaping and Lighting Act of 1972; and
WHEREAS, on May 3, 2024, the Engineer filed his report with the City Clerk for submission to this Council and the City Manager has submitted the report to this Council for consideration.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby find that the report prepared and filed by the Engineer on May 3, 2024, contains all the elements required for such reports by the Landscaping and Lighting Act of 1972, including (1) an estimate of the annual costs of the improvements, (2) a diagram of the Assessment District and (3) an assessment of the estimated annual costs of the improvements.

ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on May 7, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

RECUSED:COUNCILMEMBERS:

Darlene Gee, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 16-24 Approve Eng Rpt L&L District (3350 : L&L District 2nd meeting) Resolution No. 17-24

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

Intention to levy and collect )
Assessments for Fiscal Year 2025 )
Within the Orinda Street Lighting ) Resolution No. 17-24 And Landscape Assessment District )
No. 1986-1, Zones L-42, M-9 and )
M-11 )
WHEREAS, the Orinda City Council previously formed an assessment district under the Landscape and Lighting Act of 1972 (Streets and Highways Code, Part 2, Division 15, Section 22500 and following); and
WHEREAS, the district was designated the “Orinda Street Lighting and Landscape Assessment District No. 1986-1,” and replaced the former County Service Areas L-42, M-9, and M-11; and
WHEREAS, the Assessment District contains three zones: L-42, M-9 and M-11; and WHEREAS, the description of improvements, estimate of costs, method of assessment, assessment roll and assessment diagram for each zone are set forth in detail in the Engineer's Report; and
WHEREAS, it is necessary to undertake proceedings under Streets & Highways Code for the levy and collection of assessments for the Fiscal Year 2025 within the existing Assessment District; and
WHEREAS, this Council has determined to proceed to levy an annual assessment and on April 16, 2024, ordered in Resolution No. 10-24 that the Engineer prepare and file a report in accordance with the Landscaping and Lighting Act of 1972; and WHEREAS, on May 7, 2024 the Orinda City Council approved the Engineer’s Report as filed with the Clerk of this Council; and
WHEREAS, the Engineer's Report proposes that the assessments levied in Zones L-42 and M-9 be increased to cover the annual District costs; and WHEREAS, the Engineer’s Report proposes that the assessments not be increased over the amounts levied in M-11 in the previous year; and WHEREAS, assessments are to be imposed exclusively to finance the maintenance of lighting and landscaping improvements on streets and are exempt from F.1.c
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Attachment: Resolution 17-24 Inent to Levy L&L District (3350 : L&L District 2nd meeting) Resolution No. 17-24

the approval and procedures required under Section 4 of Article XIII D of the State Constitution.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Orinda that:

1. This Council declares its intention to levy and collect assessments with the Assessment District for the Fiscal Year 2025. The improvements and services to be funded through such assessments are generally described as follows:

Zone Description
L-42 Street lighting facilities and services.

M-9 Street lighting facilities and services.

M-11 Street lighting facilities and services, street
sweeping services, park and parkway facilities
and services, including but not limited to the
beautification of the business area.

2. The Assessment District is designated as “Orinda Street Lighting and Landscape Assessment District No. 1986-1.” It consists of all the territory within the boundaries as described in the Engineer's report and comprises in general those areas within the City which are served with public street lighting facilities.

3. The Engineer's report, which is on file with the City Clerk, contains a full and detailed description of the services, improvements, the boundaries of the assessment district and the three zones within it, and the proposed assessments upon assessable lots and parcels of land within the district.

4. This Council will hold a public hearing on June 18, 2024, at 7:00 p.m., at the Orinda Library Auditorium, 26 Orinda Way, Orinda, California, on the question of the levy of the proposed assessment.

5. The City Clerk is directed to publish a notice of the meeting and hearing in accordance with the provisions of Section 22626(a) of the Streets and Highways Code.

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Attachment: Resolution 17-24 Inent to Levy L&L District (3350 : L&L District 2nd meeting) Resolution No. 17-24

ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on May 7, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

RECUSED:COUNCILMEMBERS:

Darlene Gee, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 17-24 Inent to Levy L&L District (3350 : L&L District 2nd meeting) City Council
Staff Report
Agenda Item: F.2
Date: May 7, 2024
Department: City Council
AGENDA TITLE: Acceptance of the Library Parcel Tax Independent Review Annual Report For The Period Ending (June 30, 2023)
RECOMMENDATION:

Receive and accept the Report for the period ending June 30, 2023.

BACKGROUND:

The Library Parcel Tax measure approved by Orinda voters on June 5, 2018, provided for an annual review of parcel tax revenue and expenditures by an Independent Library Parcel Tax Review Committee. The Committee reviewed a Draft of the report for the fiscal year ending June 30, 2023, at their meeting conducted on May 1, 2024.

DISCUSSION:

The Library Parcel Tax Review Committee consists of eight members. The Friends of the Orinda Library selects three members and all five members of the Finance Advisory Committee serve on this separate Committee. Ms. Linda Landau of the Friends of the Orinda Library serves as the Chair of the Committee.

Attachment 1 is the Annual Report prepared outlining the revenue and expenditures in Fiscal Year 2022-23 for the voter approved Library Parcel Tax. The report includes excerpts from the Annual City Audited Financial Statements plus additional detail and discussion of line-item expenses. The report also provides an overview of the General Fund contributions towards the joint operation of the facility, given that utilities and services are provided to the entire facility including the Auditorium and areas not used exclusively for Library Services.

The report is typically presented for City Council acceptance by February each year.

FISCAL IMPACT:

In Fiscal Year 2022-23 the Library Parcel Tax collected was $527,091 and Expenditures for the year totaled $453,146. This allowed a contribution of $81,396 to reserves. The reserves as of June 30, 2023, were $489,967 and they will be used in the future to fund annual operating costs.

ATTACHMENTS:

A. FY End 2023 Library Parcel Tax Independent Review Financial Report Respectfully Submitted by:

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

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2023
Library Parcel Tax Independent
Review Financial Report
Parcel Tax Review Committee
June 18, 2024
Linda Landau, Chair
Fran Strykowski, Vice Chair
Jorge Escobar, Member
James Keefe, Member
Joan Kiekhaefer, Member
Brad Scott, Member
Wendy Wee, Member
Amy Worth, Member
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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
Purpose
On June 5, 2018, the voters in Orinda approved Measure J which authorized an increase of $30 to an existing parcel tax to create a total tax of $69 per residential equivalent parcel. This is a special tax and the passage required two-thirds voter approval. The tax is levied to support the provision of library services and the operation of the facility. The collection of the tax at the higher rate began July 1, 2018. Chapter 3.32 Special Library Services Parcel Tax was added to the Orinda Municipal Code establishing the requirements for administering the funds.

Section 3.32.050 establishes an independent review committee to review the collection and expenditure of the tax revenues. All revenue is to be used for the library purposes identified in the measure. The fiscal year ending June 30, 2019, was the first full year of the increased tax.

Background
On September 4, 2018, the City Council adopted Resolution 62-18 establishing the bylaws for the Library Parcel Tax Review Committee. The Committee is comprised of 8 members (the 5 members of the Finance Advisory Committee and 3 Members selected by the Friends of the Orinda Library).

The Orinda Library (the “Library”) operates as a partnership between the Friends of the Orinda Library, City of Orinda (the “City”), and the Contra Costa County Library System. The Library building is owned by the Friends of the Orinda Library and leased to the City of Orinda under the terms of a 50-year lease which terminates October 6, 2051. The lease does not require the payment of rent by the City, but rather requires the City to perform specific items and maintain conditions to allow for the operation of the library. The lease provides the option for the City to purchase the building for $1.00 in 2051. The land on which the facility was constructed is owned by the City.

The Contra Costa County Library system is comprised of 26 libraries countywide staffed and managed by the County. In Fiscal Year 2021-2022, the Orinda Branch was scheduled to operate 56 hours per week. The County funds a base service level of 40 hours per week with the City parcel tax funding the remaining 16 hours. This includes the professional library staff, materials (including books and other media); information technology support services for the circulation and loaning of materials; etc. In May of 2020, the County Library announced that Sunday hours would be eliminated system-wide beginning in the 2020-2021 fiscal year. The additional 16 hours is the maximum extra hours the County will allow the City to purchase and there is currently no option to operate Sundays.

In addition to funding the additional 16 hours of Library operations the City parcel tax pays for much of the base operating costs, including utilities, janitorial service, and most maintenance activities. With the building surpassing 20 years in age, there is a need to begin addressing major building components.

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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
These partnerships, and particularly the funding from the Parcel Tax, allow the City to make available to the entire community enhanced library services which are widely used by Orinda residents.

Annual Audit
The City obtains an independent annual audit of its financial statements and completes an Annual Comprehensive Financial Report (ACFR). The City Council has selected Maze & Associates as its independent auditors. The complete June 30, 2023 ACFR is available on the City website at https://www.cityoforinda.org/436/Most-Recent-Audited-Financial-Statements.

Excerpts relevant to the Library Parcel Tax are attached to this report.

For the fiscal year ending June 30, 2023, Maze and Associates has issued a “clean” opinion.

This states that based on their independent review and testing, the financial statements are fairly presented in all material respects. The auditors’ opinion covers the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information presented in the ACFR. This is the highest opinion an agency can receive. The auditor’s opinion is included on page 1 of the ACFR.

Parcel Tax Reporting - Governmental Special Revenue Fund The ACFR is comprised of financial statements and schedules for the various funds used to account for the City’s revenue and expenditures. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Orinda, like other federal, state, and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements.

The Library Parcel Tax Revenue and Expenditures are reported in a separate fund as required by the measure and as described below.

Annual Report Schedules / Excerpts Related to Library Parcel Tax (Attachments A- C) Information related to the Library Parcel Tax Fund (Fund #520) is shown on the attached excerpts from the City’s ACFR.
• Attachment A – Balance Sheet (Page 102 of ACFR)
• Attachment B – Statement of Changes in Fund Balance (Page 108 of ACFR) • Attachment C – Schedule of Budget to Actual (Page 116 of ACFR) The report provided with the Audit illustrates a high-level summary of the activity within the fund. For Fiscal Year 2022-23 the fund had total revenue of approximately $534,542 and expenditures of $453,146. Additional discussion of the detail is provided later in this report. As noted, the balance remaining in the fund as of June 30, 2023, is $489,967.

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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
Detailed Revenue and Expenditure Analysis (Attachment D) The audited ACFR schedules that are produced provide summary financial information. In order to fully understand the uses of the parcel tax revenue, City Finance Staff have prepared a separate schedule that includes line-item detail. It also compares the budget to actual and includes the prior fiscal year data for historical comparison. The format of the report is very similar to reports discussed in the past with the City Council / Friends of the Orinda Library Facility Steering Committee. This schedule is provided as Attachment D.

The following narrative explains key components of the detailed report which relates to revenue and expenses of the Library Parcel Tax Fund:

Revenue – The total taxes collected were $527,091 and the City also allocated $7,451 in interest to the fund. The tax revenue was $3,243 more than the adopted budget. For budget purposes the City estimated a small addition of units to be completed citywide.

The tax rate does not change as there is no inflation adjustment and the only opportunity for growth is from additional units constructed. The increase in tax revenue over the previous year was about 0.6% ($3,174).

Library Services Expenditures – The largest component of the annual expenditures was for Contra Costa County Library Services representing the additional 16 hours per week that the Library is open due to the availability of this funding. The cost in Fiscal Year 2022-23 was $148,171 and this represented 33% of the parcel tax operating expenditures. This is an increase of $25,474 or 20.8% over Library Services expenditures in the prior fiscal year which is due partially to increased information technology costs.

Facilities Maintenance – The total of these expenditures was $127,162 which was 28% of the operating expenditures. The largest component was for Repairs and improvements which dropped $12,607 (or 21.6%) from the prior fiscal year. Repairs costs of $45,724.71 were significantly higher than the previous year largely due to HVAC repairs of $41,263.49. Building Maintenance which includes regular preventative maintenance for the heating & ventilation system, fire sprinklers, elevator, etc. as well as special repairs. The Building Maintenance costs grew to $ 42,979 in the current fiscal year from $35,547 in Fiscal Year 2021-22, an increase of $7,432 (or 21%) primarily related to maintenance cost for the elevator which surged about $17K from the previous fiscal year. This increase was offset by a reduction in costs related to the library security system of $9,200 which was installed in the Fiscal Year 2021-22.

Utilities – The total cost for utilities was $149,093 accounting for 33% of the total operating expenditure. Among the higher costs were electric utilities, which accounted for 62% of total Utilities costs and the natural gas accounted for 26%. Telephone, sewer, and water charges have been fairly consistent year over year and make up the remaining 12% of costs captured in the Utilities category.

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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
Other Services – The total cost represents approximately 3% of the operating expenses. In order to collect the special tax, the City engages a firm to prepare and submit the tax roll and respond to taxpayer inquiries. The cost of this work was $6,118.

The second component is the cost incurred from the County Tax Collector to collect and remit the tax. The cost charged by the County Tax Collector was $6,271.

Earthquake Insurance Expense – The cost of earthquake insurance was $16,331 and accounted for 3.6% of the total operating expenditure. The provision of this coverage is a specific requirement of the lease with the Friends of the Orinda Library. The coverage renews each May 1st. In 2020, the Friends reviewed the lease terms and indicated that at that time they wished to have the coverage continue without an amendment to the lease.

Capital Expense – There were no Capital Expenses incurred during Fiscal Year 2022-

23. There are five Projects scheduled to occur in the Fiscal Year 2023-24 as detailed in the table on the next page. These projects have been scheduled for a number of years now, but due to staffing limitations, little progress has occurred.

Shared Cost of Facility Operations
A portion of the Library facility operating costs are paid for by the City General Fund, in order to acknowledge the shared use of the facility. Prior to FY 2017-18 the Library costs shown in the City Financial Statements were only identified in the Library Fund. The City now accounts for General Fund Library expenses as a separate Department in order to more closely track the allocation of costs. This includes shared expenses for utilities, maintenance, and repairs.

In Fiscal Year 2022-23 the following non-parcel tax expenditures were made by the City, which contributed towards the operation of the facility. This General Fund summary expenditure is illustrated on page 98 of the ACFR.

General Fund Maintenance expenses $ 14,250
General Fund Repairs & Improvements 9,311
General Fund Utilities 30,772
General Fund – Property Insurance 2,882
Total Non-Parcel Tax Contributions $ 57,215
Looking Forward
Annually, as part of the Budget process, the City examines the shared costs for the facility. The current Orinda Library was completed and opened to the community on October 7, 2001. The City Council obtained a building assessment report in 2018 which estimated that there will be $2.7 million worth of required maintenance expenses over the next 20 years. The Capital Improvement Plan (CIP) is used to identify and schedule improvements over a multi-year period. The CIP is updated annually and funded projects scheduled to occur during the biennial F.2.a
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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
budget period are included in the Budgeted Appropriations authorized by the City Council.

Since the CIP covers a six-year planning period, the future year projections are shown for planning purposes only and are subject to change over time. The table below details the projects which are programed in the CIP for the Fiscal Year 2023-24.

CURRENTLY FUNDED LIBRARY CIP PROJECTS
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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
ATTACHMENT A – EXCERPT FROM THE CITY OF ORINDA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDED ON JUNE 30, 2023
BALANCE SHEET (Page 102)
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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
ATTACHMENT B – EXCERPT FROM THE CITY OF ORINDA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDING ON JUNE 30, 2023
CHANGES IN FUND BALANCE (Page 108)
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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
ATTACHMENT C – EXCERPT FROM THE CITY OF ORINDA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDED ON JUNE 30, 2023
BUDGET TO ACTUAL (Page 116)
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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2023
Audited Results
ATTACHMENT D – Detailed Revenue and Expenditure Analysis F.2.a
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Attachment: FY End 2023 Library Parcel Tax Independent Review Financial Report (3352 : Library Parcel Tax Independent Review (June 30, City Council
Staff Report
Agenda Item: H.1
Date: May 7, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Red Flag Days Parking Restrictions Program Policy Update RECOMMENDATION:

Staff recommends the City Council approve Resolution 15-24/Traffic Order No. 229 to update the Red Flag Parking Restrictions Policy with revisions directed by City Council at the April 16, 2024 meeting.

BACKGROUND:

In 2021, the City implemented Red Flag Day Parking Restrictions in the El Toyonal area. The City found that the El Toyonal Red Flag program met expectations, and expanded the Red Flag Program in 2022 with the adoption of Resolution 36-22/Traffic Order No. 216, to evacuation routes that are located within the Very High Fire Hazard Severity Zone (VHFSZ).

On December 5, 2023, City Council adopted Resolution 65-23/Traffic Order No. 225 to add Miner Rd., from Camino Pablo to Ranch Rd. which was inadvertently left off Traffic Order No. 216. This segment of Miner Rd., along with the road segments listed in Traffic Order No. 216, were included in the contract to install Red Flag No Parking signage, which was awarded in June 2023. The installation work has been completed and the contract was accepted by City Council in March 2024.

At its January 23, 2024 meeting, City Council discussed the placement of the Red Flag No Parking signs within the expanded area. After hearing public comments regarding the placement of signs on wider streets such as Dalewood Drive, and the spacing between signs, Council directed staff to gather additional information, review the criteria for placement of the Red Flag No Parking signs.

On April 16, 2024, Staff presented options for City Council to consider regarding the Red Flag program, based on research conducted of various jurisdictions that have also implemented similar Red Flag programs. City Council directed Staff to revise the Policy and prepare a traffic order for their approval.

DISCUSSION:

The subject traffic order No. 229 (Attachment A) addresses the revised Policy for red flag no parking sign placement, based on the following:
• Red Flag Parking Restrictions will be limited to roadways based on the following street widths:
o < 28’ – No Parking During Red Flag Days may be established on both sides of the roadway
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o 28’ to < 36’ – No Parking During Red Flag Days may be established on Emergency Vehicular Access Side
o ≥ 36’ – No Red Flag Parking Restrictions (Parking allowed on both sides)
• At segments of roadways where topography prevents parking or when no parking anytime restrictions are warranted, red flag signage will not be installed.

The City Council also indicated its desire to include in the red flag program two mid-way road segments that were not originally included in the expanded program, due to the original maps that were used (see Attachment B), to allow for a continuous evacuation route. Traffic Order No. 229 includes these street segments:
• Lombardy Lane, from Tarry Lane to Dalewood Drive
• Miner Road, from Ranch Road to Honey Hill
Based on this new traffic order, the following street segments do not require red flag no parking signs:
• Dalewood Drive, 38 feet wide, meets the criteria for lifting parking restrictions along the entire length on both sides of the roadway.
• Charles Hill Road from El Nido Ranch Road to Charles Hill Place, measures above 36 feet wide, meets the criteria for lifting parking restrictions on both sides of the road.
• Sundown Terrace, from the cul-de-sac to Happy Valley Road, measures above 36 feet wide, meets the criteria for lifting parking restrictions on both sides of the road.
• Traffic Order No. 229 therefore does not include the above street segments in the red flag program streets, and supersedes Traffic Orders No. 216 and No. 225 • Note: the portion of Sundown Terrace between Dalewood Drive and the cul-desac, although less than 28 feet wide, is a private road and the city does not have legal authority to impose parking restrictions.

Also as discussed at the April 16, 2024, meeting, Staff will use the following tools to help ensure the red flag program is successful:

Enforcement
• For the first year following new red flag sign installations, issue warnings for the first three red flag events.
• Citations will be given after the first three red flag events of the program. • Year three onward, towing will be implemented for either repeat offenders or during an evacuation. This option will require further evaluation prior to implementation.

Education
• Send out Pre-fire season reminder (currently done for El Toyonal annually and planned for Miner Road area this spring)
• Send out Red Flag Notifications and reminders about Parking Restrictions to subscribers of alerts from City.
• Send out Red Flag Notifications and reminders about Parking Restrictions through publishing such as Orinda Outlook and Nextdoor
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• Send out Red Flag Notifications through Nixle
• In the above notifications, include reminder that parked cars are not allowed to block a traffic lane on any street at any time (per Orinda Municipal Code Chapter 10.44.050 G)

NEXT STEPS
Contingent on the acceptance of Traffic Order #229 by City Council, staff will remove red flag signage:
• Dalewood Drive – entire length, both sides of the road • Charles Hill Road – El Nido Ranch Road to Charles Hill Place, both sides of the road
• Sundown Terrace – Happy Valley Road to Cul-De-Sac, both sides of road Staff will also continue to identify locations where topography or trees clearly do not allow parking and determine if some of the No Parking signs could be removed while still making the No Parking restrictions clear. Staff will also look for locations where removed signs could be replaced with ‘no parking any time’ sign if appropriate.

Staff and the City Attorney are also reviewing options and limitations in regard to the fines associated with Red Flag Day Parking restrictions, which like other infractions, are limited.

FISCAL IMPACT: Staff time and costs associated with sign identification and removal.

Signs that will be removed as a result of this action will be salvaged for use on future Red Flag Parking Restriction program expansion.

ATTACHMENTS:

A. Resolution 15-24 Red Flag Policy Update TO# 229
B. Updated Red Flag Parking Restriction Expansion Map
Respectfully Submitted by:

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

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Resolution Approving Policy Updates for)
Parking During Red Flag Day Parking )
Restrictions For Streets in Orinda )
Resolution No. 15-24
Program Traffic Order No. 229
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, the City Council approved Traffic Orders No. 216 and No. 225 regarding an expansion of the red flag no parking sign program; 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 hereby:

1. Updates the Red Flag Parking Program as follows:

Red Flag Parking Restrictions will be limited to roadways based on the following street widths:
• < 28’ – No Parking During Red Flag Days may be established on both sides of the roadway
• 28’ to < 36’ – No Parking During Red Flag Days may be established on Emergency Vehicular Access Side
• ≥ 36’ – No Red Flag Parking Restrictions (Parking allowed on both sides) Stopping and parking shall be prohibited while red flag warnings are in effect within 5 feet from the edge of the City paved roadway on 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
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Attachment: Resolution 15-24 Red Flag Policy Update TO# 229 (3346 : Red Flag Days Parking Restrictions TO# 229) • 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 Dalewood Drive
• Honey Hill Road from Miner Road to Charles Hill Road
• Charles Hill Road from Honey Hill Road to Charles Hill Place • Miner Road, from Camino Pablo to Honey Hill Road
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.

At segments of roadways where topography prevents parking or when no parking anytime restrictions are warranted, red flag signage will not be installed.

2. Declares that this Traffic Order No. 229 supersedes Traffic Orders No. 216 and No. 225.

Adopted by the City Council of the City of Orinda at a regular meeting on May 7, 2024 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: Resolution 15-24 Red Flag Policy Update TO# 229 (3346 : Red Flag Days Parking Restrictions TO# 229) H.1.b
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Attachment: Updated Red Flag Parking Restriction Expansion Map (3346 : Red Flag Days Parking Restrictions TO# City Council
Staff Report
Agenda Item: H.2
Date: May 7, 2024
Department: Administration
AGENDA TITLE: Update on CalTrans Gateway Site and Decertification Evaluation Progress Report
RECOMMENDATION:

Receive Report
BACKGROUND:

The Caltrans Gateway site is an approximately 5-acre net site owned by Caltrans and part of the Hwy 24 right-of-way on the north side of Hwy 24 at Wilder Road. City staff identified this as an opportunity site and proposed its inclusion in the Housing Element and it was included as an Opportunity Site as approved by the City Council on January 31, 2023. City staff was, and continues to be, proactive in the pursuit of the site, having met in advance of the Housing Element being certified with the Governor’s Office, the State Department of General Services (GSA), and the Department of Housing & Community Development (HCD) (managers of the Goevrnor’s Affordable Housing Executive Order process), and CalTrans.

The City’s 6th Cycle Housing Element, as adopted, described this as an “Opportunity Site,” with the potential for up to 200 housing units and committed to:
“… [T]he City will work with Caltrans and/or go through the Governor’s Executive Order to decertify the site. The City will assist any interested developers with the decertification requirements as projects come forward, including costs for the decertification process. The City will also work closely with Caltrans and the developer to determine the next steps and help facilitate the process.” The City’s 6th Cycle Housing Element also included Program Action 1.C, Timeline for the Caltrans Gateway site:
“Initiate decertification process by June 2023, evaluate decertification progress by June 2024, if determined that completion will exceed January 2025, identify additional rezone sites, and rezone additional sites by January 2026. Meet with Caltrans annually and/or as potential developers come forward. Reach out to affordable housing developers biennially to encourage development on the site (Site G-4) and assist any interested developers with decertification requirements as projects come forward. Proactively study potential pedestrian paths and additional shuttle service by 2025.”
Unfortunately, the California Department of Housing & Community Development’s (HCD) letter (March 30, 2023) certifying the City’s 6th Cycle Housing Element H.2
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disallowed counting any potential units at the Caltrans Gateway Site towards meeting the City’s Regional Housing Needs Allocation (RHNA) in this current Housing Element cycle, but HCD provided guidance for the City to continue to work on the site for inclusion and credit in future Housing Element cycles:
“Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:

Program 1.C (Caltrans Gateway Site Development): This program commits the City to rezone the Caltrans Gateway site and decertify the site to allow for affordable housing development by January 2026.” In 2023, shortly after the State certified the City’s Housing Element, the City met with Caltrans to initiate the decertification process and discuss site constraints. City staff has continued to engage with CalTrans to advance the CalTrans Gateway becoming available through CalTran’s processes or the Governor’s Executive Order.

In June 2023, the City added a proposed Capital Improvement Program project for a bike/ped trail to connect the Wilder area, including the CalTrans Gateway, to the Downtown area and BART station. That project has been assigned to an Engineer in the Public Works Department who is engaging in the initial engineering assessments, and the City also received an ABAG MTC grant to assist in the completion of the preliminary engineering.

On December 12, 2023, the Planning Commission considered a recommendation for rezoning the Housing Element’s “Opportunity Sites” —including the Caltrans Gateway Site—and the creation of a new General Plan Land Use Designation for the Caltrans Gateway site. The matter was tabled for future consideration, but per the certified Housing Element, must be completed by June 2026. Resuming that process is on hold now due to pending litigation related to the Environmental Impact Report prepared for the City’s Housing Element.

On April 5, 2024, Caltrans District staff advised the City that Caltrans would initiate the decertification process internally at no cost to the City and with no City request required.

Nonetheless, City staff is continuing to support and closely collaborate with Caltrans staff on the decertification process. Before January 2025, the City expects to have a response from CalTrans on whether decertification will be considered or approved.

It is important to note that Decertification is required regardless of whether through either a City-initiated process or a Caltrans-initiated process, and under the Governor’s Executive Order (EO-06-19), if that is determined to be the best course. The Governor’s Executive Order process would make development more feasible as, depending upon what funds were used to purchase the site originally, the State would not have to secure market value for an affordable housing project.

There is no guarantee that the Decertification process will result in decertification.

Caltrans could determine that it needs the property for road or other operational H.2
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purposes or prefers to retain the land to avoid liability issues associated with potentially hazardous materials on site, or any number of other factors.

There is one process for sale after Decertification if the property is sold to a public agency for a public purpose. If there is no sale directly to a public agency, and it is uncertain if a sale to the City to facilitate an affordable housing development would be considered a public use, the property would be sold to the highest bidder at a public auction. In any case, the City of Orinda does not have the resources to purchase the site. However, the City does control how the property will be zoned, which will set parameters for development and value.

As noted, the site does have some unknown level of environmental contamination due to lead-contaminated soil that was placed and remains on the site and will likely have to be relocated to an approved hazardous material dump site. The costs of remediating any hazardous materials contamination would impact the value of the site and the feasibility of development.

NEXT STEPS:

City staff will continue to work with CalTrans on the Decertification process, will move forward on the next steps to advance the Wilder/Downtown Bike/Ped Path including seeking grants for construction of the project, and will pursue the rezoning once the cloud of litigation is removed. Future updates will also be provided to the City Council on the status of the Decertification process.

FISCAL IMPACT:

None as a result of this item.

ATTACHMENTS:

A. Excerpts from the Housing Element - CalTrans Gateway Site Respectfully Submitted by:

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

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CITY OF ORINDA 2023 – 2031 HOUSING ELEMENT
January 2023 143
and with the City completing the necessary rezoning, this removes potential barriers the Church may encounter.

Additionally, the City has found that similar developments are occurring in surrounding and/or nearby communities (Refer to section 5.7.5 for project examples).

School Site
The City looked at the Miramonte High School site, which has a large undeveloped portion of the southern side of the Miramonte High School property owned by Acalanes Union High School District (AUHSD). The City had conversations with the school district regarding housing development but no decisions have been made.

Additionally, the City was awarded a $75,000 grant through the Association of Bay Area Governments (ABAG) to work with government and nonprofit organizations to perform feasibility analysis for groups interested in developing housing on their property. A stakeholder meeting was held in September 2021 where a presentation regarding real estate development basics, affordable housing, and partnership options was given. To date, staff has been coordinating with three groups that have indicated a possible interest in housing:
● Orinda Union School District (OUSD)
● Acalanes Union High School District (AUHSD)
● St. John’s Church
These groups have met with staff and are still considering their options in regard to housing. These discussions have been very preliminary, with City staff explaining the RHNA process and EPS, the City’s economic consultant, explaining, in general terms, the economics of housing production.

As discussed in section 5.7.5, the City has had success in the past with mixed income projects on previously owned school property. Orinda Grove included 73-units, including 65 market-rate units and 8 moderateincome units. The project included relocation of the City-owned ball fields to the area near the northwesterly corner of the project site, and construction of an OUSD office building to replace the OUSD offices on the site.

Caltrans Owned Property
The City has identified the Caltrans right-of-way adjacent to the Highway 24 Wilder Road off-ramp (Gateway, Site G-4) as a potential site to accommodate a portion of the City’s RHNA. This is an old potential cloverleaf site that is no longer planned for that use (Refer to Figure 5-4). It was determined that this site would need infrastructure support but is a prime candidate for development beyond that constraint. The Caltrans Gateway site is adjacent to the existing Wilder community which is served by utilities and infrastructure, and school bus service provided by a Joint Powers Authority (JPA) called the Lamorinda School Bus Transportation Agency (LSBTA). In addition, the adjacent Wilder community Development Agreement and CC&Rs require the eventual implementation of a shuttle to the BART Station and downtown. That service has not yet been instituted due to lack of demand due primarily to the COVID Pandemic. Once instituted, it could also potentially serve the Caltrans Gateway site. Pedestrian and bike access is available through the adjacent Wilder community via the Brookside trail connection to Moraga Way, and bikes are permitted on Highway 24 from the Wilder interchange to the Camino Pablo H.2.a
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interchange. A more direct trail connection between the site and the downtown can be explored as part of any future development proposal.

In conversation with City staff, Caltrans has discussed the possibility of decertification of this site and that there is no objection from Caltrans in proceeding with the decertification process for this right-of-way area. This right-of-way was originally purchased and graded for a Highway 24 cloverleaf onramp that Caltrans has no intention of ever constructing. Although the site has not yet been declared surplus by the state, the city is willing to shepherd the parcel through that process, including paying the associated fees in furtherance of affordable housing development. It is not the City’s intent to purchase the land but to work with the state to arrange for an affordable housing developer to lease or purchase and develop the land. In additional to meetings with Caltrans, city staff has met with the Department of General Services, and HCD to discuss making the Gateway sites available to affordable housing developers via the excess land/sites program created through the Governor’s order EO-06-19.

Should decertification be needed, the following steps and timeframes are assumed for this process:

1. City pays $35,000 deposit to Caltrans to cover staff time and initiate decertification process

2. Caltrans circulates proposed decertification internally, creates new parcel for site

3. Caltrans finalizes mapping and appraisal (if needed)

4. City passes resolution that property rights will be used for public purposes

5. City works with State to identify affordable housing developer to purchase property

6. After deed is finalized, decertified parcel is sold to affordable housing developer Assumed total timeframe for decertification, including excess lands process: 36 months The City has included two actions to assist with the development of the Caltrans Gateway site.

Action 1.C to rezone the site to the new Residential High Density-40 (RH-40) zoning district which will require a minimum of 20 units per acre with a maximum of 40 units per acre. The City will work with Caltrans and the State to decertify the site (formally remove it from the Highway 24 right-of-way, if necessary) or will pursue action through the Governor’s Executive Order to decertify the site, which may be pursued concurrently. The City will assist any interested developers with this process, including covering the cost for the decertification process. The City will biennially reach out to affordable housing developers to encourage development on this site and will initiate the decertification process by June 2023 and evaluate the decertification progress by June 2024 to determine if decertification will be completed by January 2025. If it is identified that completion of the decertification process will extend beyond January 2025, the City will identify additional sites to rezone, if a shortfall is identified, and rezone additional sites by January 2026.

Action 4.D to assist with the need for infrastructure in the way of grants and coordination with East Bay MUD and Action 1.C to assist in the decertification process and assist any interested developers with decertification requirements.

In summary, the following list identifies why the Caltrans Gateway site is appropriate to accommodate a portion of the City’s RHNA.
• The site is situated similarly to the recently-approved 34 unit congregate care facility on the opposite side of Hwy 24 at Wilder Road.

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• This site is one of the viable, large vacant plots of land available in Orinda. • This site is a potential candidate for affordable housing under the Governor's Order regarding excess land that are owned by State agencies.
• The site is located in a high resource area in close proximity to a major recreational facility, a performing arts venue, public trails and open space, and Orinda's newest neighborhood. • With improved pedestrian and bike connection, shuttle or transit links, it is also close and accessible to downtown Orinda and BART.
• The City has committed to pursuing the Caltrans decertification process and is exploring the Excess Lands program with our local legislators.

In summary, the capacity from the opportunity sites identified (Church Properties, School Site, and the Caltrans Gateway site) to meet a portion of the City’s lower income RHNA will provide capacity for 486 units, which is more than 50 percent (227 units) of the identified shortfall. These sites will be rezoned to RH-25 or RH-40 district. The land use designation on each site will also be amended to the new Residential – High Density Multi-Family or the Residential – Very High-Density Multi-Family (Actions 1.B and 1C).

FIGURE 5-4 – CALTRANS CLOVERLEAF (GATEWAY SITE)
Caltrans Gateway Site – 1965
Environmental Data Resources, Inc. (EDR) Aerial
Photo Decade Package
Caltrans Gateway Site – 2021
Environmental Data Resources, Inc. (EDR) Aerial
Photo Decade Package
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● Permit owner-occupied and rental multifamily uses by right and will not require a conditional use permit or other discretionary review or approval for developments in which 20 percent or more of the units are affordable to lower income households. ● Permit the development of at least 16 units per site and a minimum of 20 dwelling units per acre.
● Ensure (a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or (b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project .
● Ensure sites will be available for development during the planning period where water and sewer can be provided.

Responsible Agency: Planning Department, Contra Costa County Building Department Timeframe: Complete all rezones within 3 years and 120 days from January 31, 2023. Monitor affordability and location of rezoned sites. Create two new General Plan Land Use Designations to be consistent with increased allowable densities in the new RH-25 and RH-40 zones concurrently with associated rezones, by May 31, 2026.

Funding Source: General Fund
Quantified Objective: Create opportunity for 286 units for lower-income households that will be within close proximity to services and other resources in high-opportunity areas.

Action 1.C Caltrans Gateway Site Development. Site G-4, the Caltrans right-of-way site (Gateway) totals 10 acres. The city assumes that the entire site will be rezoned allowing for of highdensity housing with minimum capacity of 200 units and a maximum of 400 units. The site will be rezoned to the new Residential High Density-40 (RH-40) zoning district which will require a minimum of 20 units per acre with a maximum of 40 units per acre. Additionally, the City will create two new General Plan land use designations (Action 1.D) Residential, High Density Multi-Family (RH) which will allow 20-30 units per acre, and Residential, Very High Density Multi-Family (RVH) which will allow 30-50 units per acre, to be consistent with the increased allowable density.

The site is currently owned by Caltrans and the City will work with Caltrans and/or go through the Governor’s Executive Order to decertify the site. The City will assist any interested developers with the decertification requirements as projects come forward, including costs to for the decertification process. The City will also work closely with Caltrans and the developer to determine the next steps and help facilitate the process. The City will initiate the decertification process by June 2023 and evaluate the decertification progress by June 2024 to determine if decertification will be completed by January 2025. If identified that completion of the decertification process will extend beyond January 2025, H.2.a
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the City will identify additional sites to rezone, if a shortfall is identified, and rezone additional sites by January 2026. The City will also biennially reach out to affordable housing developers to encourage development on this site.

The City will work with the potential developer of the site to ensure walkability is improved by connecting pedestrian paths with the downtown. This could be done in the way of a city funded and/or grant funded study. The City will also proactively engage in discussions to have the future Wilder Shuttle and/or with CountyConnection about a potential shuttle to ensure connectivity from the Caltrans Gateway site to the Orinda Downtown and the BART station. The site would also be easily served by the existing the existing school bus route serving the nearby Wilder community.

The City will ensure compliance with Government Code Section 65583, subdivision (c)(1) and 65583.2 subdivisions (h) and (i), as listed below.
● Permit owner-occupied and rental multifamily uses by right and will not require a conditional use permit or other discretionary review or approval for developments in which 20 percent or more of the units are affordable to lower income households. ● Permit the development of at least 16 units per site and a minimum of 20 dwelling units per acre.
● Ensure (a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or (b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project .
● Ensure sites will be available for development during the planning period where water and sewer can be provided.

Responsible Agency: Planning Department, Contra Costa County Building Department Timeframe: Initiate decertification process by June 2023, evaluate decertification progress by June 2024, if determined that completion will exceed January 2025, identify additional rezone sites, and rezone additional sites by January 2026. Meet with Caltrans annually and/or as potential developers come forward.

Reach out to affordable housing developers biennially to encourage development on the site (Site G-4) and assist any interested developers with decertification requirements as projects come forward. Proactively study potential pedestrian paths and additional shuttle service by 2025.

Funding Source: General Fund
Quantified Objective: Create opportunity for 200 units for lower-income households that will be within close proximity to services and other resources in high-opportunity areas.

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