MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING
IN PERSON, OR VIEW ON ZOOM OR YOUTUBE AS LISTED BELOW
https://www.youtube.com/@cityoforinda9535/streams
Zoom Webinar:
https://tinyurl.com/OrindaCityCouncil
Phone:669 444 9171
Webinar ID:
810 2271 2723
In Person:
Orinda Library Auditorium
26 Orinda Way
Orinda, CA 94563
(925) 351-6676
CITY COUNCIL
AGENDA
Tuesday, July 16, 2024
7:00 PM - REGULAR MEETING
NOTICE OF TELECONFERENCED MEETING
Pursuant to Government Code Section 54953, Subdivision (b), this meeting will include teleconference participation by Councilmember Inga Miller from:
Smedserud 39, Smedserud
Värmlands län 685 93, Sweden
City Council
Agenda Page 1 07.16.24
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
City Council
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A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of New Employees: Ha Nguyen, Senior Civil Engineer and Brianna Lelieur, Assistant Planner
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. June 18, 2024 Special Meeting 8am
2. June 18, 2024 Special Meeting 6pm
3. June 18, 2024 Regular Meeting
4. June 25, 2024 Special Meeting 8am
5. June 28, 2024 Special Meeting 10am
F.2. Temporary Full Road Closure of portions of La Espiral and El Gavilan Road for EBMUD's Pipeline Replacement Project
Recommendation:
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Agenda Page 3 07.16.24
Staff recommends the City Council Approve the Traffic Control and Detour Alternatives Requested by EBMUD; and Adopt Resolution 34-24 (Traffic Order #230) Authorizing the Temporary Full Road Closure of portions of La Espiral and El Gavilan Road between La Vuelta and Las Vegas Road intersections for the purposes of EBMUD to perform their Pipeline Replacement Project which involves replacement of approximately 4,650 linear feet of the existing water main.
F.3. Award of On-Call Professional Services Contracts for Civil Engineering, Construction Management, Environmental Engineering, Geotechnical Engineering, Hydraulic, Land Surveying, Landscape Architecture, Material Testing, Structural Engineering, and Traffic Engineering Services, for Fiscal Years 2024/25 and 2025/26.
Recommendation:
Staff recommends that the City Council award On-Call Professional Services Contracts for not-to-exceed contract amounts each of $150,000 to the following firms:
1. Civil Engineering Category - Aliquot Associates, Inc., Bellecci & Associates, CSG Consultants, CSW/Stuber-stroeh Engineering Group, Inc., Harris & Associates, LCC Engineering & Surveying, Inc., Theis Engineering & Associates and West Valley
2. Construction Management Category - Alpha CM, Anchor, Avila Project Management, Coastland, Consolidated CM, Park Engineering and Wilsey Ham
3. Environmental Engineering Category - LSA, Placeworks and Rincon
4. Geotechnical Engineering Category - Fisher Geotechnical, Fugro USA Land, Inc., Geocon Consultants, Inc., Haley & Aldrich, Inc. and Ninyo & Moore Geotechnical & Environmental Sciences Consultants
5. Hydraulic Category - Bennett Engineering Services, Schaaf & Wheeler and Wood Rodgers
6. Land Surveying Category - BKF, CSW/Stuber-Stroeh Engineering Group, Inc., LCC Engineering & Surveying, Inc., RJA and Wilsey Ham
7. Landscape Architecture Category - Dutchover & Assoc., Gates & Associates, Placeworks and Tanaka Design Group
8. Materials Testing Category - Applied Materials & Engineering, Inc., Ninyo & Moore Geotechnical & Environmental Sciences Consultants and Twinning, Inc.
9. Structural Engineering Category - Dewberry Drake Haglan and Hohback-Lewin, Inc.
10. Traffic Engineering Category - AMG/ Advanced Mobility Group, Fehr & Peers, Sandis Civil Engineers, TJKM and W-Trans
G. PUBLIC HEARING
G.1. Public Hearing for Development Impact Fees and Fees for Services Provided by the Planning, Public Works and Engineering Services, Parks and Recreation, Police and Administrative Services Departments (Master Fee Schedule)
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Recommendation:
Staff recommends that the Council hold a public hearing to consider the proposed revised Fee Schedule and approve it by the adoption of Resolution 31-24.
H. POLICY MATTERS
H.1. Update from Callander Associates Regarding Conceptual Designs and Estimated Construction Costs for Designated Off-leash Dog Park and Pickleball Courts in Orinda
Recommendation:
Receive Report, Discuss, and Provide Direction, if any.
H.2. Approval of an Employment Agreement for the Position of City Manager
Recommendation:
Adopt Resolution No. 32-24 Authorizing the Employment Agreement for the services of Linda Smith (D'Ambrosio) as City Manager, with employment to begin on October 14, 2024; and authorize the Mayor to sign such Agreement.
H.3. Consideration of Possible Completion of Comprehensive Mapping of City Public and Private Storm Drain
Recommendation:
Council Infrastructure Committee Recommendation to Direct Staff to Develop a Scope of Work and Solicit Proposals to Map the Entirety of the Public and Private Storm Drain System.
H.4. Consideration of Possible Pavement Management Assessment of Private Roads
Recommendation:
Council Infrastructure Committee Recommendation to Appropriate $30,000 from Measure R to Fund and Undertake a Pavement Management Technical Assessment of Private Roads following the same criteria and methodology used in the MTC Pavement Management Technical Assistance Program (P-TAP).
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
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4. REPORT OUT OF CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No.
N23-0579.
b. CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(2), conference with legal counsel regarding significant exposure to litigation by one or more owners of property on portions of Barbara Road and/or Oak Road within the Oaks Spring Subdivision (Unit No. 3) who are seeking City acceptance of certain private street segments based on their having been improved and financed via the Assessment District No. 94-1 (Oak Springs Area).
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8). Property: an existing private easement burdening a portion of the Orinda Oaks Park property in the City of Orinda. This easement was recorded on January 30, 1985 in the official records of Contra Costa County at book 12164 page 650-651. City Negotiator: David Biggs, City Manager.
Negotiating Parties: City of Orinda & the owners of four of the private residential properties benefitted by the easement: Stacy Crinks, Gregory & Susan Portmann, Christine(Dong Woon) Lee & Eun Young Jang, and John & Juliane Rossiter. Property addresses: 75, 79, 83 & 89 Donald Drive. Under negotiation:
terms for possible amendment to the existing easement.
M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, August 20, 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 available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
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~ 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. June 18, 2024 Special Meeting 8am
2. June 18, 2024 Special Meeting 6pm
3. June 18, 2024 Regular Meeting
4. June 25, 2024 Special Meeting 8am
5. June 28, 2024 Special Meeting 10am
ATTACHMENTS:
A. City Council Closed Session Minutes of June 18, 2024 - 8am B. City Council Closed Session Minutes of June 18, 2024 - 6pm C. City Council Regular Meeting Minutes of June 18, 2024 D. City Council Closed Session Minutes of June 25, 2024 E. City Council Closed Session Minutes of June 28, 2024 Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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June 18, 2024
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
8:00 AM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Gee called the meeting to order at 8:00 a.m. and noted that all Councilmembers were present.
OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.
C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no members of the public wishing to speak.
D. CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT – CITY MANAGER:
Pursuant to Government Code Section 54957(b), consider the qualifications of candidates for the position of City Manager.
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 1:30 PM
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of June 18, 2024 - 8am (3396 : City Council Minutes) June 18, 2024
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
6:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Gee called the meeting to order at 6:00 p.m. and noted that all Councilmembers were present.
OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.
C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no members of the public wishing to speak.
D. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.
b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Subject: Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) relating to five claims submitted to the City of Orinda by Goodfellow Brothers Inc. pursuant to Public Contract Code section 9204 and arising from the 2023 Annual Pavement Rehabilitation Project (City Project No. 4171) (one potential case).
c. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION.
Pursuant to Government Code Section 54956.9(d)(2) conference with legal counsel regarding significant exposure to litigation by some owners of property on portions of Barbara Road and/or Oak Road within the Oaks Spring Subdivision (Unit No. 3). Property owners John Robbins, Ira Harris, and Kurt Emke threatened litigation during a July 23, 2021 meeting held via Zoom with David Biggs (City Manager) and Jason Chen (Acting Director of Public Works and Engineering). The property owners are seeking City acceptance of certain private street segments. Mr. Biggs made a contemporaneous record of the statements threatening litigation, which F.1.b
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Attachment: City Council Closed Session Minutes of June 18, 2024 - 6pm (3396 : City Council Minutes) City Council
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record will be made available for public inspection pursuant to Government Code Section 54957.5. In recent communication with City staff property owners including Meighan Baldwin, Darian Heyman, Steve Compton, Russell Abraham, and Bill Stepanek, have continued to reference potential litigation. d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8). Property: an existing private easement burdening a portion of the Orinda Oaks Park property in the City of Orinda. This easement was recorded on January 30, 1985 in the official records of Contra Costa County at book 12164 page 650-651. City Negotiator: David Biggs, City Manager.
Negotiating Parties: City of Orinda & the owners of four of the private residential properties benefitted by the easement: Stacy Crinks, Gregory & Susan Portmann, Christine(Dong Woon) Lee & Eun Young Jang, and John & Juliane Rossiter. Property addresses: 75, 79, 83 & 89 Donald Drive. Under negotiation: terms for possible amendment to the existing easement.
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 7:10 PM
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of June 18, 2024 - 6pm (3396 : City Council Minutes) Orinda City Council Minutes Page 1 of 12 06.18.24
JUNE 18, 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, Vice Mayor Latika Malkani
COUNCILMEMBERS ABSENT: None.
B. PLEDGE OF ALLEGIANCE – Led by Mayor Gee.
C. ADOPTION OF AGENDA
City Manager Biggs pointed out a minor correction to Item F.4’s exhibit. Staff also has Closed Session items listed on this agenda and Item 3.d under Closed Session will not be taken up this evening.
MOTION by Councilmember Iverson, and seconded by Vice Mayor Malkani, to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduce New Planning Director, Lashun Cross
City Manager Biggs introduced and welcomed Lashun Cross, the City’s new Planning Director. He provided background of her planning experience with Contra Costa County and the City and County of San Francisco, as well as her educational background.
Planning Director Lashun Cross provided brief comments and thanked staff and the City Council, stating she looks forward to working with the City and with the community.
Mayor Gee and Councilmembers welcomed Ms. Cross, and also thanked Interim Planning Director Robert Reber for his planning services in the interim.
D.2. Proclamation Recognizing the Orinda Country Club's 100th Anniversary
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Mayor Gee reported on her and Councilmember Iverson’s attendance to the 100th Anniversary event at the Orinda Country Club and presented the Club’s representatives with a proclamation and joined in the festivities celebrating this milestone.
D.3. Proclamation Declaring June 2024 as LGBTQ+ Pride Month in the City of Orinda
Mayor Gee read and presented the Proclamation declaring June 2024 as LGBTQ+ Pride Month in the City of Orinda.
Hen King, P-Flag Lamorinda, received the Proclamation and provided an overview of PFlag Lamorinda’s mission, accepted the proclamation, and thanked the City Council.
Mayor Gee and Councilmembers recognized the LGBTQ+ and Pride Month for their messages of kindness, tolerance, and compassion.
D.4. Presentation by Tripepi Smith - Communications Update City Manager Biggs gave an introduction of Tripepi Smith representatives Kaitlyn Wu and Skyler Addison and spoke of their communications services to highlight wildfire prevention, emergency preparedness, and certain elements of roads and storm drains.
Kaitlyn Wu, Senior Business Analyst, Tripepi Smith, introduced Business Analyst Skyler Addison and described their work with communications support for the City of Orinda in addressing Measure R outreach, partnering with other initiatives, provided an overview of their firm, their experience and skills, and she introduced Skyler Addison to describe work conducted over the past year.
Skyler Addison, Business Analyst, shared highlights of communications and marketing materials created in collaboration with City staff, social media platforms, and noted the City grew its audience by 575 users which was higher than last year when they added 473 users. The City has made great progress in engaging community members on emergency preparedness topics and are continuing to partner with and support the City on key outreach. Their main goal is to ensure Orinda residents are informed and engaged in the many resources the City has and that they are properly utilized by the community.
City Manager Biggs added that Tripepi Smith also provides monthly updates and reports on their activities and described the many ways Tripepi Smith’s outreach and education has helped the City achieve becoming more fire safe.
Mayor Gee opened the Public Forum, and there were no speakers.
Mayor Gee and Councilmembers thanked Ms. Wu and Ms. Addison for their presentation and the progress made.
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E. PUBLIC FORUM
Mayor Gee asked and confirmed with the City Attorney that the City does not have provisions for speakers ceding time to others, and confirmed that each speaker receives three minutes.
John Robbins, 80 Oak Road, spoke regarding the City’s non-acceptance of streets identified as Oak Road and a portion of Old Barber Road constructed around 1996 to 1998 using funds from the Oak Springs Improvement District. He stated there is no intent to take legal action as a result of the City’s inaction which does not constitute a threat of legal action, which he described and then provided background on construction of over 65 homes through Castlegate Development.
Julie Oxner spoke about paying additional property taxes since she purchased her home on Oak Road in 2017 and the omission of private road information on her title insurance.
Steve, Oak Road, spoke about the purchase of his home in 2018 and the City’s indication that his road was public and that paving has been done on it, with discussions of forming a GHAD.
Ernest Majer, 29 Oak Road, spoke about the slope in his backyard and landslide expert David Rogers who found the hill is on rock and is very stable. He also echoed John Robbins’ comments.
Russell Abraham, 32 Oak Road, said he built their home in 1991, is an architect and was a City Commissioner in the 1990’s, described work done by the developer to clear the hillside and bench the whole region, the desire to have a second means of egress in cases of emergencies, and thinks there has never been a geologic hazard.
Reg Barrett spoke about the Wagner Ranch Nature Area as the most inspiring thing both young and old have experienced, and asked for the Council’s help in working with the school district to secure the $1.5 million to get the nature area re-opened.
Josephine Sabolboro spoke of her daughter’s work to develop an on-line Change.org petition to save Wagner Ranch Nature Area, described signatures and written letters gathered to date, and urged the Council to act as stewards to accept the and reopen the nature area.
F. CONSENT CALENDAR
Mayor Gee asked if there were any items for removal or public comments, and there were none. Councilmember Iverson commented that she submitted some minor edits to some of the minutes but did not need to remove them, and City Manager Biggs referred to late communications which reflect the changes.
F.1. City Council Minutes
Recommendation:
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) Orinda City Council Minutes Page 4 of 12 06.18.24
Approve City Council Minutes:
1. May 21, 2024 Special Meeting
2. May 21, 2024 Regular Meeting
3. May 23, 2024 Special Meeting
F.2. Quarterly Investment Report for Period Ending March 31, 2024 Recommendation:
Staff recommends that the City Council accept the Quarterly Investment Report for the period ending March 31, 2024.
F.3. General Municipal Election - November 5, 2024
Recommendation:
Adopt Resolution No. 21.24 calling for the General Municipal Election and requesting and consenting to the Consolidation of Elections on November 5, 2024, and Setting Specifications of the Election Order.
F.4. Adopt Updated Consolidated Salary Schedules for Regular City Positions
Recommendation:
Staff recommends the City Council adopt Resolution No. 25-24 updating the Consolidated Salary Schedule and the 5-Step Salary Schedule for regular city positions.
F.5. Proposed addition of full time Maintenance and Facilities Superintendent Job Classification
Recommendation:
Staff recommends City Council approve Resolution No. 24-24 approving the addition of a Maintenance and Facilities Superintendent classification.
F.6. Accept Work under the Contract with Gordon N. Ball Inc. for the federally funded projects to seismically retrofit Miner Road Bridge over San Pablo Creek (STPLZ-5444(019), CIP # 0044) and Bear Creek Road Bridge over San Pablo Creek (STPLZ-5444(018), CIP # 0087) Recommendation:
Staff recommends that the City Council adopt Resolution No. 23-24 to accept work for said projects performed under contract with Gordon N. Ball Inc. and authorize the City Clerk to sign and file the Notice of Completion for the contract with the Contra Costa County Clerk-Recorder.
F.7. Approval of Fiscal Year 2024-25 SB1 Road Repair and Accountability Act Project List
Recommendation:
Staff recommends the City Council adopt Resolution 22-24 which formalizes the City of Orinda’s intention to use the funding from the Road Maintenance and Rehabilitation Account (RMRA) for the 2024 Annual Pavement Project which includes work on several streets.
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) Orinda City Council Minutes Page 5 of 12 06.18.24
F.8. Approve a Professional Services Contract for the Design of Storm Drain Repairs / Group 3 Storm Drain Lining Projects to Harris & Associates, Inc. of Concord, CA
Recommendation:
Staff recommends that City Council Approve a Contract for Group 3 Stormdrain Lining Project Design to Harris & Associates, Inc. for an estimated cost of $ 447,473 and Authorize the City Manager and City Clerk to execute a contract based on the City Standard Professional Services Agreement, subject to approval as to form by the City Attorney.
F.9. Approving Parcel Map for Subdivision MS 2023-001 Urban Lot Split at 6 Patrick Lane.
Recommendation:
Staff recommends adoption of Resolution No. 14-24, approving Parcel Map for 6 Patrick Lane (MS 2023-001 Urban Lot Split).
MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to approve Consent Calendar Item F.1.1, F.1.2, F.1.3, F.4, F.5, F.6, F.7, F.8, and F.9.
Said motion carried by unanimous (5-0) roll call vote.
G. PUBLIC HEARING
G.1. Public Hearing to Confirm the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986- 1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2025 Recommendation:
Open the Public Hearing, receive public testimony, close the Public Hearing and consider adoption of Resolution 18-24, Confirming the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1, Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2025.
Public Works Director Scott Christie gave the staff report and overview of the annual confirmation of the diagram and assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1 Zones L-42, M-0 and M-11 for FY ending June 30, 2025.
Mayor Gee opened the Public Forum, and there were no speakers.
MOTION by Councilmember Riley, and seconded by Councilmember Iverson, to adopt Resolution 18-24, Confirming the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1, Zones L-42, M-9 and M11 for Fiscal Year Ending June 30, 2025. Said motion carried by unanimous (5-0) roll call vote.
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) Orinda City Council Minutes Page 6 of 12 06.18.24
H. POLICY MATTERS
H.1. Wagner Ranch Nature Center State Funding Steward Role Recommendation:
Approve Resolution No. 26-24 Whereby the City of Orinda Agrees to be Designated as the Steward for $1.5 Million in State Funds for the Wagner Ranch Nature Center.
City Manager Biggs gave the staff report and overview of the interest to keep the Wagner Ranch Nature Center open, spoke about Assemblymember Bauer-Kahan’s budget earmark of $1.5 million, transfer of the designation to the City pending the resolution of discussions between the school district and the Assemblymember’s office, how funds would be used, and longer-term issues of the nature area would be addressed. He brought this forward to recommend the City play the role of steward in order to preserve the funds and said the resolution designates the City as the steward of those funds.
He further clarified with the Chief of Staff of Assemblymember Bauer-Kahan that the State budget was not approved today and, after 30 days, assuming the Governor signs the budget, the State will reach out and program the funds. The goal is to have negotiations between the school district and the State completed so the City does not end up receiving the funds, but this was a necessary step through the legislature’s budget office to make this revised designation.
If the City were in the position to be asked to take the funds, they would have to have an agreement with the State specifying how they would hold the funds, but it is not anticipated the City would be dispersing funds to the school district.
Councilmember Riley asked and confirmed the City would have an agreement if the money was directed to the City as a placeholder allocation.
Mayor Gee opened the Public Forum.
Cara Hoxie, President of the Orinda School Board of Trustees, said Mayor Gee attended their June 8th meeting and spoke to Trustees about the possibility of working together to ensure they do not lose the $1.5 million,, voiced appreciation of the City’s work, and said the Board asked the District to take any action they could with their Fund 40 money to get the nature area reopened for this fall.
Kathy Barrett, resident and Co-President of the Friends of the Orinda Nature Area, shared a letter from former student board member, Amelia Chan about her experiences at the nature area, and hopes for the its re-opening in the fall.
Steve Danziger, resident, thanked the Council for considering the item and urged the Council to adopt the resolution. He hoped for collaboration with the school district and for development of an agreement, and thanked those who have signed petitions.
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Councilmembers expressed their gratitude to Assemblymember Bauer-Kahan for securing needed funds, thanked City staff and community members for their work, advocacy and partnership with the school district, and said they look forward to the nature area’s reopening.
MOTION by Councilmember Miller, and seconded by Councilmember Riley, to adopt Resolution No. 26-24 Whereby the City of Orinda Agrees to be Designated as the Steward for $1.5 Million in State Funds for the Wagner Ranch Nature Center. Said motion carried by unanimous (5-0) roll call vote.
H.2. Council Infrastructure Committee Initial Work Program Recommendation:
Receive Infrastructure Committee Report on Initial Work Program, Discuss, and Provide Direction, if any.
City Manager Biggs gave the staff report, said the Mayor and Vice Mayor serve on the Committee and have held two meetings, and presented and described the Council Infrastructure Committee’s report on an initial draft Work Program.
Mayor Gee clarified nothing in the program asks for any budgetary consideration; It is an overview of an exploratory work program to allow the City to form the subcommittee to get agreement from the full Council to move forward with doing some more collection of information, assessment, and things the Council may choose to bring back for action that may or may not include budget elements.
Important for the Council to understand is the work program does not “re-suppose goals.” Again, this is an exploratory plan to try and accumulate more accurate information in order to be able to formulate things in the future.
Vice Mayor Malkani emphasized that some of the items talk about review, and it may be that the Council has considered this issue before. Having both education of the committee and within the community is valuable, and quantitative assessment is needed.
Councilmember Riley suggested the word “education” be included on the list of Work Plan items. Mayor Gee said she would be happy to add this explicitly and thought another bullet item could be added to say, “Educate City and community.” Mayor Gee opened the Public Forum.
Chuck Brotman quoted the Lamorinda News on the purpose of the subcommittee “To investigate and evaluate ways for better integrating and maintaining community infrastructure.” He spoke about residents living on publicly used private roads, issues of fairness and access to infrastructure with taxes and bonds they pay, and asked the Council to be supportive of the committee and its Work Plan.
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) Orinda City Council Minutes Page 8 of 12 06.18.24
William Abriel thanked the Mayor and Vice Mayor for their work on the committee, echoed Mr. Brotman’s comments, and asked for community inclusiveness.
Art Goldberg thanked the Mayor and Vice Mayor for their efforts, echoed comments, voiced concerns with inequity, and asked to resolve the issue in a reasonable timeframe.
Shaheen Tonse echoed comments to convert private roads into public roads, cited Resolution No. 59-18 which identifies criteria for accepting private roads to become public, quoted from consultant Jim Bogart’s report from 2019, and asked to consult with an insurance provider on what they think risks might be.
Kathleen Finch thanked the Mayor and Vice Mayor for exploring this issue, echoed speaker comments, described the interconnectivity of the City’s roads and storm drains, cited the lack of data and costs, and asked the committee to find hard numbers of what it would cost to bring all roads to be public.
Bob Finch echoed his wife’s comments, cited the fairness issue, and said most Tier 1 steps are fact-finding activities which every City should have.
Ruth Strauss, thinks residents need help with roads and voiced concerns about comments and costs that imply the City would be capable of accepting all shared driveways and HOA property that has roads onto it into its public road system. She referred to her letter and voiced support of needy residents where the City is not placing public funds at risk.
A speaker said revenue-constrained municipalities have done the same thing except for the City of San Anselmo that gave grants to private road owners. He recommended the Council say “no” and have this be the final answer.
Joel Libove, 34 Canyon View Drive, said the drains and many private roads are being fed millions of gallons of runoff from public roads above them. He cited millions in costs for repair, hoped residents can be eligible for FEMA reimbursements, and asked that study be addressed from a drainage standpoint which everyone shares.
Councilmember Iverson thanked the committee, was happy they are talking about the subject in narrowing the issues, and cited persuasive arguments on both sides of the issue.
Councilmember Riley suggested creating a shared knowledge base and doing something that is institutionalized knowledge available to everyone.
Councilmember Iverson observed the plan as two silos; the first is shall the City or not make a change and what are the range of possibilities. The second silo are tasks and defining the potential need and cost of tasks. She would invite the Committee to separate the work program into tasks versus tiers, defining their cost and need, and the other to review, assess, and explore the fundamental question of shall or shall not the Council make changes and what are the range of possibilities.
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) Orinda City Council Minutes Page 9 of 12 06.18.24
Councilmember Miller noted Streetsaver is a product and owned by MTC which she questioned as to whether the City could use its own license for private use. Mr. Biggs said this would be one of the items staff would bring back to the Committee on timing, cost, and contract separately with MTC consultant to utilize it based on a recommendation from the committee.
Councilmember discussion ensued regarding costs, mapping of storm drains and public and private streets, grant applications, assessment districts, education of the public, the outline of the tiered approach in the work plan, the work of the committee in adhering to what was requested by the Council, further assessing stormwater in addition to roads and staff’s resource documents which are being updated, the need for a balanced approach, using staff versus consultants, update by the committee after every couple of meetings held, and agreement by the Council to add an item for the next Council meeting to update refinement of the initial work program outline on the Consent Calendar.
MOTION by Councilmember Riley, and seconded by Councilmember Iverson, to move forward with the Work Plan with refinements, as discussed. Said motion carried by unanimous (5-0) roll call vote.
Mayor Gee suggested extending the meeting, and City Manager Biggs said the midcycle budget is brief and this could be agendized for the July 2nd agenda or the Council can hear the item.
City Attorney Wolff reported that the Closed Session only includes Item c, as Items a and be have been discussed. Vice Mayor Malkani proposed moving the Closed Session item to the next meeting.
Mayor Gee clarified the Council will discuss the budget without the mini-park item, the regular reports, and will defer the Closed Session to the next meeting.
EXTEND MEETING
MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to extend the City Council meeting to 10:30 p.m. Said motion carried by unanimous (5-0) roll call vote.
H.3. Adoption of Resolution #27-24 Approving the Fiscal Year 2024-25 Mid-Cycle Update to the Biennial Budget, Adoption of Resolution #28- 24 Approving the Capital Improvement Plan (CIP) Update for Fiscal Years 2023/24-2027/28 and Approval of Annual and On-Call Contracts for Trepepi Smith, California Consulting Inc, and Wildland Corp.
Recommendation:
Adopt a resolution approving the Fiscal Year 2024-25 Mid-Cycle Budget Update and a resolution approving the CIP Update, and approve certain annual and oncall service contracts.
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) Orinda City Council Minutes Page 10 of 12 06.18.24
Director of Administrative Services Doug Alessio gave the staff report and overview of the mid-cycle update to the FY 2024-25 Biennial Budget and approval of annual and oncall contracts for Trepepi Smith, California Consulting, Inc., and Wildland Corporation.
Staff took the budgets to the Planning Commission, the SSTOC, as well as the Finance Advisory Committee, and Library Parcel Tax Independent Review Committee and all groups were supportive of what was being proposed.
City Manager Biggs clarified the City is drawing down reserves for capital projects, noting federal funding was received in the General Fund and the projects are all planned expenditures.
Councilmember Riley asked if one is the mini-park. Mr. Alessio said those are in Fund 700 and the mini-park is included for a lower amount.
City Manager Biggs noted the City lost some of the committed funding so there is no change in what has been in the account for numerous years of $110,000. The question is whether the Council wants to close the funding gap as a separate item.
Mr. Alessio stated there are a number of places funding could come from, which he described from page 25.
Vice Mayor Malkani referred to additional staffing and confirmed the City has the sustainable funding to pay for it.
Councilmember Iverson referred to Fund 700, and confirmed with Mr. Alessio this is a designated CIP fund whose only funding source is the General Fund, but there are other funds for different purposes according to accounting principles, which he described.
Public Works Director Scott Christie provided the CIP update for FY 2023-24 through 2027-28. He highlighted that the Road Safety Plan was expanded to account for future grant opportunities that tie into the Local Road Safety Plan.
Mayor Gee opened the Public Forum, and there were no speakers.
Councilmember Miller asked and confirmed staff will leave the mini-park item out and the Council will adopt the budget tonight, with that item returning on July 2nd.
MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to adopt Resolution No. 27-24 approving the Fiscal Year 2024-25 Mid-Cycle Update to the Biennial Budget; adopt Resolution No. 28-24 approving the Capital Improvement Plan (CIP) Update for Fiscal Years 2023/24-2027/28; and approval of annual and on-call contracts for Trepepi Smith, California Consulting Inc, and Wildland Corp. Said motion carried by unanimous (5-0) roll call vote.
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) Orinda City Council Minutes Page 11 of 12 06.18.24
I. COUNCILMEMBER REPORTS
Mayor Gee reported that she and the Vice Mayor attended a 2x2 meeting with MOFD, and insurance non-renewals was discussed as well as fire modeling, update on the Fire District’s compliance. and regional agency actions.
Mayor Gee reported that she, Councilmember Iverson and the City Manager interviewed four proposals for the public advocacy consultant and will return to the Council on July 2 nd with their recommendation.
J. CITY MANAGER'S REPORT
City Manager Biggs announced that Opera in the Park is on June 20th, Summer Movie series is starting on July 12th, and he recognized the Orinda Association and the 4th of July coming up. He reminded everyone about Red Flag Parking Day restrictions and reminded everyone of parking restrictions on warning days.
K. MATTERS INITIATED – None.
L. CLOSED SESSION – The Closed Session was deferred to the next City Council meeting.
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters
3. CLOSED SESSION
4. REPORT OUT OF CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No.
N23-0579.
b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Subject: Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) relating to five claims submitted to the City of Orinda by Goodfellow Brothers Inc. pursuant to Public Contract Code section 9204 and arising from the 2023 Annual Pavement Rehabilitation Project (City Project No. 4171) (one potential case).
c. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION.
Pursuant to Government Code Section 54956.9(d)(2) conference with legal counsel regarding significant exposure to litigation by some owners of property on portions of Barbara Road and/or Oak Road within the Oaks Spring Subdivision (Unit No. 3). Property owners John Robbins, Ira Harris, and Kurt Emke threatened litigation during a July 23, 2021 meeting held via Zoom with David Biggs (City Manager) and Jason Chen (Acting Director of Public Works and Engineering).
The property owners are seeking City acceptance of certain private street F.1.c
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) Orinda City Council Minutes Page 12 of 12 06.18.24
segments. Mr. Biggs made a contemporaneous record of the statements threatening litigation, which record will be made available for public inspection pursuant to Government Code Section 54957.5. In recent communication with City staff property owners including Meighan Baldwin, Darian Heyman, Steve Compton, Russell Abraham, and Bill Stepanek, have continued to reference potential litigation.
d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8). Property: an existing private easement burdening a portion of the Orinda Oaks Park property in the City of Orinda. This easement was recorded on January 30, 1985 in the official records of Contra Costa County at book 12164 page 650-651. City Negotiator: David Biggs, City Manager. Negotiating Parties:
City of Orinda & the owners of four of the private residential properties benefitted by the easement: Stacy Crinks, Gregory & Susan Portmann, Christine(Dong Woon) Lee & Eun Young Jang, and John & Juliane Rossiter. Property addresses:
75, 79, 83 & 89 Donald Drive. Under negotiation: terms for possible amendment to the existing easement.
13. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:11 p.m. to the next Special Closed Session meeting on June 25, 2024 and, thereafter, to the Regular Meeting on Tuesday, July 02, 2024, at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Regular Meeting Minutes of June 18, 2024 (3396 : City Council Minutes) June 25, 2024
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
8:00 AM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Gee called the meeting to order at 8:00 a.m. and noted that all Councilmembers were present.
OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.
C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no members of the public wishing to speak.
D. CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT – CITY MANAGER:
Pursuant to Government Code Section 54957(b), consider the qualifications of candidates for the position of City Manager.
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 11:00 A.M.
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of June 25, 2024 (3396 : City Council Minutes) June 28, 2024
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
10:00 AM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Gee called the meeting to order at 10:00 a.m. and noted that all Councilmembers were present.
OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.
C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Michael Bowen of Friends of the Orinda Creeks asked that the Council choose a proactive energetic person as their next City Manager.
D. CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT – CITY MANAGER:
Pursuant to Government Code Section 54957(b), consider the qualifications of candidates for the position of City Manager. b. CONFERENCE WITH LABOR NEGOTIATORS:
Pursuant to Government Code Section 54957.6, conference with the City's designated labor negotiators: Gary Phillips (Bob Murray & Associates), Deanna Mouser (Attorney for City) to instruct them regarding negotiations related to the City Manager position.
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 12:00 P.M.
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of June 28, 2024 (3396 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: July 16, 2024
Department:
Public Works and
Engineering Services
AGENDA TITLE: Temporary Full Road Closure of portions of La Espiral and El Gavilan Road for EBMUD's Pipeline Replacement Project
RECOMMENDATION:
Staff recommends the City Council Approve the Traffic Control and Detour Alternatives Requested by EBMUD; and Adopt Resolution 34-24 (Traffic Order #230) Authorizing the Temporary Full Road Closure of portions of La Espiral and El Gavilan Road between La Vuelta and Las Vegas Road intersections for the purposes of EBMUD to perform their Pipeline Replacement Project which involves replacement of approximately 4,650 linear feet of the existing water main.
BACKGROUND:
EBMUD has been coordinating with City staff regarding their Water Main Replacement Project on La Espiral neighborhood. EBMUD plans to start construction of its project in August 2024, which will last approximately 5 months. Despite the long duration of inconvenience and other temporary impacts, City Staff recognizes the improvements are very important and should be completed as quickly as possible since the new water mainlines will have improved water pressure flows for the neighborhood and fire hydrants. 4,650 feet of 8-inch and 12-inch diameter pipeline will be installed along La Espiral and El Gavilan Road.
Whenever a full road closure of a public road is proposed, La Espiral and El Gavilan in this case, a traffic order/resolution needs to be approved by the City Council prior to City Staff issuing a road closure permit.
DISCUSSION:
EBMUD is proposing to close 4,150 feet of La Espiral in three segments, between La Vuelta and Las Vegas Road; and 550 feet of El Gavilan Road from the intersection as La Espiral. Traffic control plans for the stationary closures are included as Attachment B.
The primary impact on vehicular traffic from the Project is the trenching work to install the new water mains. Due to the narrow pavement widths, a full road closure is required to perform the work in a safe manner. There is insufficient room to maintain a one-lane traffic control and allow vehicle passage while construction activities are in progress.
Road Closure will be Monday through Friday, between the hours of 7:30 a.m. and 4:30 p.m. EBMUD Contractor will have necessary trench plates and equipment on site to provide access to Emergency vehicles, residents within the closure limits, and essential F.2
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services (garbage, mail, deliveries, etc.), but may encounter short delays as they plate trench work or move equipment.
EBMUD will send out notification letters (Attachment C) to all residents in the project vicinity, informing them about the upcoming project and the proposed road closure.
NEXT STEPS:
Upon the City Council approval of Resolution 34-24, Staff will amend the encroachment permit with the updated road closure hours.
FISCAL IMPACT:
Staff will coordinate with EBMUD staff, and their construction team, to ensure adherence to traffic control plans and provide inspection oversight during the project. As part of the issuance of the encroachment permit, the City will collect a fee for inspection services.
ATTACHMENTS:
A. Resolution 34-24 La Espiral Temporary Road Closure
B. La Espiral Traffic Control Plans_TCP20235
C. La Espiral Resident Notification_EBMUD
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Sivakumar Natarajan, City Engineer
Approved by:
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Authorizing the full closure of a portions
of La Espiral and El Gavilan Road
between La Vuelta and Las Vegas Road
intersections
)
) Resolution No. 34-24
)
)
Traffic Order No. 230
WHEREAS, East Bay Municipal Utility District (EBMUD) needs to construct their Pipeline Replacement Project on La Espiral and El Gavilan Road which will upgrade 4,650 linear feet of existing pipeline that will improve residential service in the area, fire flows, and service reliability and redundancy during outages; and
WHEREAS, the section of La Espiral between La Vuelta and Las Vegas Road intersection and a portion of La Gavilan north of La Espiral has very narrow pavement width and limited workspace; and WHEREAS, for the safety of all concerned, including public vehicular traffic, it is necessary to fully close portions of La Espiral and El Gavilan Road to through traffic during construction; and WHEREAS, residents located in the vicinity of the proposed road closure will need to use La Campana Road, El Gavilan Road or Las Palomas Road as detour; and WHEREAS, EBMUD has begun informing local La Espiral and El Gavilan residents via mailed letters of the proposed work, and associated road closure and further notification will be provided in advance of start of road closure activities; and
WHEREAS, under Section 21101, paragraph (e) of the Vehicle Code, a local authority may adopt by resolution, a temporary closure of a street for the purpose when the closure is necessary for the safety and protection of the users of the street; and NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the temporary full road closure of portions of La Espiral and El Gavilan Road between La Vuelta and Las Vegas Road intersections for an EBMUD Pipeline Replacement project beginning Monday August 26, 2024 until Friday January 31, 2025 between 7:00 a.m. to 4:30 p.m.
Adopted by the City Council of the City of Orinda at a regular meeting on July 16, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Darlene Gee, Mayor
ATTEST:
Sheri M. Smith, City Clerk
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Attachment: Resolution 34-24 La Espiral Temporary Road Closure (3401 : La Espiral temporary road closure traffic order) LA
ESPIRAL
LA
CAMPANA
RD
LA ESPIRAL
VIA HERMOSA
LA
VUELTA
DOS POSOS
CAMINO
SOBRANTE
LAS AROMAS
LOS
DEDOS
LA
ESPIRAL
EL
GAVILAN
RD
LAS
PALOMAS
LAS VEGAS
CAMINO VIA
FLOREADO
SOBRANTE
EL
SERENO
LA NORIA
CAMINO
SOBRANTE
LAS CASCADAS
EL VERANO
880
92 580
580
237
680
680
4 24
80 13
580
80 580
80 TEMPORARY TRAFFIC CONTROL PLAN
INSTALL NEW WATER MAIN
LA ESPIRAL PHASE 1
ORINDA, CALIFORNIA
SHORT-TERM STATIONARY
PROJECT LOCATION
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Attachment: La Espiral Traffic Control Plans_TCP20235 (3401 : La Espiral temporary road closure traffic order) ● ● ● ● ● ●
EAST BAY MUNICIPAL UTILITY DISTRICT
OAKLAND, CALIFORNIA
LA ESPIRAL PHASE 1, ORINDA
TEMPORARY TRAFFIC CONTROL PLAN
GENERAL NOTES, LEGENDS & SIGNS
535
SHEET 2 7 ²
F.2.b
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Attachment: La Espiral Traffic Control Plans_TCP20235 (3401 : La Espiral temporary road closure traffic order) LA
ESPIRAL
LA
CAMPANA
RD
LA ESPIRAL
VIA HERMOSA
LA
VUELTA
DOS POSOS CAMINO
SOBRANTE
LAS AROMAS
LOS
DEDOS
LA
ESPIRAL
EL
GAVILAN
RD
LAS
PALOMAS
LAS VEGAS
CAMINO VIA
FLOREADO
SOBRANTE EL
SERENO
LA NORIA
CAMINO SOBRANTE
LAS CASCADAS
EL VERANO
SHEET 4 SHEET 7
SHEET 5
SHEET 6
EAST BAY MUNICIPAL UTILITY DISTRICT
OAKLAND, CALIFORNIA
LA ESPIRAL PHASE 1, ORINDA
TEMPORARY TRAFFIC CONTROL PLAN
OVERVIEW
535
SHEET 3
7 F.2.b
Packet Pg. 30
Attachment: La Espiral Traffic Control Plans_TCP20235 (3401 : La Espiral temporary road closure traffic order) LA
ESPIRAL
LA
CAMPANA
RD
LA ESPIRAL
VIA HERMOSA
LA
VUELTA
LOS
DEDOS
LA
ESPIRAL
EL
GAVILAN
RD
LAS
PALOMAS
LAS VEGAS
EL VERANO
FLOREADO
EL
SERENO
DETOUR ROUTE
ROAD CLOSED TO THRU TRAFFIC
EMERGENCY AND RESIDENTIAL ACCESS ALLOWED
2 VIA
MIRA
FLORES
100'
100'
LA ESPIRAL LA ESPIRAL VIA HERMOSA LA CAMPANA RD
LA CAMPANA RD
EL GAVILAN RD
LA ESPIRAL
LA ESPIRAL
1 INTERSECTION WORK AREA
1 1
100'
1 100'
1 INTERSECTION WORK AREA
1 100'
1 100'
1 100'
1 LA VUELTA
100'
100'
NOTES
FLAGGERS, CHANNELIZERS, SIGNS, AND OTHER
TRAFFIC CONTROL EQUIPMENT ASSOCIATED WITH
INTERSECTION WORK AREA SHALL ONLY BE IN
PLACE WHEN CONSTRUCTION ACTIVITIES ARE
OCCURRING WITHIN THE INTERSECTION. W20-1
AND W20-3 SIGNS SHALL BE ADJUSTED
APPROPRIATELY TO WARN VEHICLES APPROACHING
ACTIVE WORK ZONES.
INSTALL APPROPRIATE DETOUR SIGNAGE (E.G.
M4-10) NEAR INTERSECTIONS ALONG BOTH
DIRECTIONS OF THE DETOUR ROUTE.
1 2
EAST BAY MUNICIPAL UTILITY DISTRICT
OAKLAND, CALIFORNIA
LA ESPIRAL PHASE 1, ORINDA
TEMPORARY TRAFFIC CONTROL PLAN
MID-BLOCK ROAD CLOSURE AND
CLOSURES AT SIDE OF INTERSECTIONS
LA ESPIRAL
FROM LA VUELTA TO EL GAVILAN RD
535
SHEET 4
7 F.2.b
Packet Pg. 31
Attachment: La Espiral Traffic Control Plans_TCP20235 (3401 : La Espiral temporary road closure traffic order) LA
ESPIRAL
LA
CAMPANA
RD
LA ESPIRAL
VIA HERMOSA
LA
VUELTA
LOS
DEDOS
LA
ESPIRAL
EL
GAVILAN
RD
LAS
PALOMAS
LAS VEGAS VIA
FLOREADO
EL
SERENO
ROAD CLOSED TO THRU TRAFFIC DETOUR ROUTE
EMERGENCY AND RESIDENTIAL ACCESS ALLOWED
EL VERANO
2 MIRA
FLORES
100'
100'
LA CAMPANA RD
LA ESPIRAL
LA ESPIRAL
EL GAVILAN RD
LA ESPIRAL
LAS PALOMAS
LA ESPIRAL
1 1
100'
1 100'
100'
INTERSECTION WORK AREA 1
1 INTERSECTION WORK AREA
100'
100'
1 1
NOTES
FLAGGERS, CHANNELIZERS, SIGNS, AND OTHER
TRAFFIC CONTROL EQUIPMENT ASSOCIATED WITH
INTERSECTION WORK AREA SHALL ONLY BE IN
PLACE WHEN CONSTRUCTION ACTIVITIES ARE
OCCURRING WITHIN THE INTERSECTION. W20-1
AND W20-3 SIGNS SHALL BE ADJUSTED
APPROPRIATELY TO WARN VEHICLES APPROACHING
ACTIVE WORK ZONES.
INSTALL APPROPRIATE DETOUR SIGNAGE (E.G.
M4-10) NEAR INTERSECTIONS ALONG BOTH
DIRECTIONS OF THE DETOUR ROUTE.
1 2
EAST BAY MUNICIPAL UTILITY DISTRICT
OAKLAND, CALIFORNIA
LA ESPIRAL PHASE 1, ORINDA
TEMPORARY TRAFFIC CONTROL PLAN
MID-BLOCK ROAD CLOSURE AND
CLOSURES AT SIDE OF INTERSECTIONS
LA ESPIRAL
FROM EL GAVILAN RD TO LAS PALOMAS
535
SHEET 5
7 F.2.b
Packet Pg. 32
Attachment: La Espiral Traffic Control Plans_TCP20235 (3401 : La Espiral temporary road closure traffic order)
LA ESPIRAL LA CAMPANA RD
LA ESPIRAL VIA HERMOSA LA VUELTA
LOS DEDOS LA ESPIRAL EL GAVILAN RD LAS PALOMAS LAS VEGAS VIA FLOREADO ELSERENO
DETOUR ROUTE
ROAD CLOSED TO THRU TRAFFIC
EMERGENCY AND RESIDENTIAL ACCESS ALLOWED
EL VERANO 2 MIRA FLORES 100'
LA ESPIRAL
LA ESPIRAL
LAS PALOMAS
100'
LAS VEGAS 1 1 100' 1 100' LA ESPIRAL LAS VEGAS 100'
INTERSECTION WORK AREA 1 1 INTERSECTION WORK AREA
100' 1 1
NOTES
FLAGGERS, CHANNELIZERS, SIGNS, AND OTHER
TRAFFIC CONTROL EQUIPMENT ASSOCIATED WITH
INTERSECTION WORK AREA SHALL ONLY BE IN
PLACE WHEN CONSTRUCTION ACTIVITIES ARE
OCCURRING WITHIN THE INTERSECTION. W20-1
AND W20-3 SIGNS SHALL BE ADJUSTED
APPROPRIATELY TO WARN VEHICLES APPROACHING
ACTIVE WORK ZONES.
INSTALL APPROPRIATE DETOUR SIGNAGE (E.G.
M4-10) NEAR INTERSECTIONS ALONG BOTH
DIRECTIONS OF THE DETOUR ROUTE. 12
EAST BAY MUNICIPAL UTILITY DISTRICT
OAKLAND, CALIFORNIA
LA ESPIRAL PHASE 1, ORINDA
TEMPORARY TRAFFIC CONTROL PLAN
MID-BLOCK ROAD CLOSURE AND
CLOSURES AT SIDE OF INTERSECTIONS
LA ESPIRAL
FROM LAS PALOMAS TO LAS VEGAS
535
SHEET 6 7
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Attachment: La Espiral Traffic Control Plans_TCP20235 (3401 : La Espiral temporary road closure traffic order) LA
ESPIRAL
LA
CAMPANA
RD
LA ESPIRAL
VIA HERMOSA
LA
VUELTA
LOS
DEDOS
LA
ESPIRAL
EL
GAVILAN
RD
LAS
PALOMAS
LAS VEGAS VIA
FLOREADO
EL
SERENO
DETOUR ROUTE
ROAD CLOSED TO THRU TRAFFIC
EMERGENCY AND RESIDENTIAL ACCESS ALLOWED
EL VERANO
MIRA
FLORES
2 MIRA FLORES
LA ESPIRAL
LA CAMPANA RD EL GAVILAN RD
LA ESPIRAL
EL GAVILAN RD
EL GAVILAN RD
EL
GAVILAN
RD
100'
1 1
100'
1 100'
1 INTERSECTION WORK AREA
NOTES
FLAGGERS, CHANNELIZERS, SIGNS, AND OTHER
TRAFFIC CONTROL EQUIPMENT ASSOCIATED WITH
INTERSECTION WORK AREA SHALL ONLY BE IN
PLACE WHEN CONSTRUCTION ACTIVITIES ARE
OCCURRING WITHIN THE INTERSECTION. W20-1
AND W20-3 SIGNS SHALL BE ADJUSTED
APPROPRIATELY TO WARN VEHICLES APPROACHING
ACTIVE WORK ZONES.
INSTALL APPROPRIATE DETOUR SIGNAGE (E.G.
M4-10) NEAR INTERSECTIONS ALONG BOTH
DIRECTIONS OF THE DETOUR ROUTE.
1 2
EAST BAY MUNICIPAL UTILITY DISTRICT
OAKLAND, CALIFORNIA
LA ESPIRAL PHASE 1, ORINDA
TEMPORARY TRAFFIC CONTROL PLAN
MID-BLOCK ROAD CLOSURE AND
CLOSURES AT SIDE OF INTERSECTIONS
EL GAVILAN RD
FROM LA ESPIRAL TO 15 EL GAVILAN RD
535
SHEET 7
7 F.2.b
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Attachment: La Espiral Traffic Control Plans_TCP20235 (3401 : La Espiral temporary road closure traffic order) Construction
Notice
for Your
Neighborhood
For more information,
scan the QR code
or visit ebmud.com/construction
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Attachment: La Espiral Resident Notification_EBMUD (3401 : La P.O. Box 24055
Oakland, CA 94623-1055
Follow us @EBMUD
In the coming weeks EBMUD crews will be installing a new water pipeline to improve water service in your neighborhood.
Intersecting side streets will be temporarily affected as work progresses and residents may experience delays up to ten minutes when entering and leaving the work area.
What to expect: Temporary loss of some street parking, temporary road closures, materials, equipment and crews accessing the site, in phases. Through traffic will be maintained for residents and emergency vehicles. Your water service may be temporarily interrupted during the project. You will be notified in advance for planned service interruptions.
Manage You Account: Please visit ebmud.com/customers/account to verify your account information is up to date in order to receive future notifications about this project.
Questions: Scan the QR code, visit ebmud.com/construction or contact:
Outside of normal business hours, call 1-866-403-2683
Project duration: approx. 5 months
Community Affairs at: 510-287-2053 or [email protected] We will be working on:
- La Espiral between La Vuelta & Las Vegas
- El Gavilan from La Espiral 500 feet up El Gavilan
La Espiral Phase 1 Pipeline Replacement Project, Orinda F.2.c
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Attachment: La Espiral Resident Notification
EBMUD (3401 : La
City Council
Staff Report
Agenda Item: F.3
Date: July 16, 2024
Department:
Public Works and
Engineering Services
AGENDA TITLE: Award of On-Call Professional Services Contracts for Civil Engineering, Construction Management, Environmental Engineering, Geotechnical Engineering, Hydraulic, Land Surveying, Landscape Architecture, Material Testing, Structural Engineering, and Traffic Engineering Services, for Fiscal Years 2024/25 and 2025/26.
RECOMMENDATION:
Staff recommends that the City Council award On-Call Professional Services Contracts for not-to-exceed contract amounts each of $150,000 to the following firms:
1. Civil Engineering Category - Aliquot Associates, Inc., Bellecci & Associates, CSG Consultants, CSW/Stuber-stroeh Engineering Group, Inc., Harris & Associates, LCC Engineering & Surveying, Inc., Theis Engineering & Associates and West Valley
2. Construction Management Category - Alpha CM, Anchor, Avila Project Management, Coastland, Consolidated CM, Park Engineering and Wilsey Ham
3. Environmental Engineering Category - LSA, Placeworks and Rincon
4. Geotechnical Engineering Category - Fisher Geotechnical, Fugro USA Land, Inc., Geocon Consultants, Inc., Haley & Aldrich, Inc. and Ninyo & Moore Geotechnical & Environmental Sciences Consultants
5. Hydraulic Category - Bennett Engineering Services, Schaaf & Wheeler and Wood Rodgers
6. Land Surveying Category - BKF, CSW/Stuber-Stroeh Engineering Group, Inc., LCC Engineering & Surveying, Inc., RJA and Wilsey Ham
7. Landscape Architecture Category - Dutchover & Assoc., Gates & Associates, Placeworks and Tanaka Design Group
8. Materials Testing Category - Applied Materials & Engineering, Inc., Ninyo & Moore Geotechnical & Environmental Sciences Consultants and Twinning, Inc.
9. Structural Engineering Category - Dewberry Drake Haglan and Hohback-Lewin, Inc.
10. Traffic Engineering Category - AMG/ Advanced Mobility Group, Fehr & Peers, Sandis Civil Engineers, TJKM and W-Trans
BACKGROUND:
The City is involved in projects which require various on-call services such as land surveying, civil engineering, construction management, and transportation/traffic engineering. These on-call consultants will augment staff on an as-needed basis. They will be used as an extension of staff during busy times when extra help is needed or when in-house expertise is not available. On-call contracts will allow staff to mobilize professional services quickly. This is especially helpful for small capital projects or urgent tasks.
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On April 8, 2024, the City issued a request for qualifications (RFQ) to provide civil engineering, construction management, environmental engineering, geotechnical engineering, hydraulic, land surveying, landscape architecture, material testing, structural engineering, and traffic engineering services for fiscal years 2024-2025 and 2025-2026. The selection of on-call firms allows for Staff to initiate services on an asneeded basis, subject to adequate City Council funding as part of the Budget. Having multiple vendors available also allows flexibility in the event that a firm has difficulty with adequate resources to meet the City’s timeline. In accordance with the City purchasing policy contracts with vendors exceeding $60,000 are to be approved by the City Council.
In May 2024, the City received ninety-six statements of qualifications (SOQs) from the multiple disciplines. Staff proceeded to evaluate the technical proposals of the firms.
Based on qualifications and competence demonstrated in the statement of qualifications, firms were selected as on-call consultants in each of the areas. In some cases a firm submitted a proposal to provide services under more than one discipline.
As detailed below, a total of 45 firms were selected.
DISCUSSION:
California law requires that selection by a local public agency of private professional services (such as architectural, engineering, environmental, land surveying, or construction project management) shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Local agencies shall not review or negotiate a cost proposal until after the final qualification determination has been made. The contract shall be negotiated with a qualified firm, at a price determined to be fair and reasonable to the local agency. City staff followed this process in the selection of the consulting firms.
According to the City of Orinda Purchasing Policy section 5.2.3, service agreements over $60,000 per vendor, require City Council approval.
All CONTRACTS ARE FOR A POTENTIAL $150,000 IN SERVICES
Discipline Consultant
Civil Engineering Aliquot Associates, Inc.
Civil Engineering Bellecci & Associates
Civil Engineering CSG Consultants
Civil Engineering CSW/Stuber-Stroeh Engineering Group, Inc.
Civil Engineering Harris & Associates
Civil Engineering LCC Engineering & Surveying, Inc.
Civil Engineering Theis Engineering & Associates
Civil Engineering West Valley
Construction Management Alpha CM
Construction Management Anchor
Construction Management Avila Project Management
Construction Management Coastland
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Construction Management Consolidated CM
Construction Management Park Engineering
Construction Management Wilsey Ham
Environmental Engineering LSA
Environmental Engineering Placeworks
Environmental Engineering Rincon
Geotechnical Engineering Fisher Geotechnical
Geotechnical Engineering Fugro USA Land, Inc.
Geotechnical Engineering Geocon Consultants, Inc.
Geotechnical Engineering Haley & Aldrich, Inc.
Geotechnical Engineering Ninyo & Moore Geotechnical & Environmental Sciences Consultants
Hydraulic Bennett Engineering Services
Hydraulic Schaaf & Wheeler
Hydraulic Wood Rodgers
Land Surveying BKF
Land Surveying CSW/Stuber-stroeh Engineering Group, Inc.
Land Surveying LCC Engineering & Surveying, Inc.
Land Surveying RJA
Land Surveying Wilsey Ham
Landscape Architecture Dutchover & Assoc
Landscape Architecture Gates & Associates
Landscape Architecture Placeworks
Landscape Architecture Tanaka Design Group
Materials Testing Applied Materials & Engineering, Inc.
Materials Testing Ninyo & Moore Geotechnical & Environmental Sciences Consultants
Materials Testing Twinning, Inc.
Structural Engineering Dewberry Drake Haglan
Structural Engineering Hohback-Lewin, Inc.
Traffic Engineering AMG/ Advanced Mobility Group
Traffic Engineering Fehr & Peers
Traffic Engineering Sandis Civil Engineers
Traffic Engineering TJKM
Traffic Engineering W-Trans
Consultants selected for on-call contracts are used for small projects or for staff augmentation on an as needed basis. Having the On-Call Agreement in place does not obligate the City to utilize services from the firm. The contracts are on a time and materials basis with a $150,000 not-to-exceed amount and specific work orders are placed as needed. When an on-call firm is engaged for a task, the work would be charged to a specific CIP project’s budget or an operating budget line item, and staff F.3
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would ensure said budgets had adequate funding to cover the estimated cost of such work.
Multiple firms are selected in each category to allow the city alternative choices depending on a firm’s availability for tasks during the contract term. It is very unlikely that all of the listed on call contracts would be utilized to the full not-to-exceed contract limits. The term of each of these contracts is two years, fiscal years 2024-2025 and 2025-2026. The City has the option of extending the contract an additional third fiscal year (2026-2027).
NEXT STEPS:
Upon award of the on-call services contracts by the City Council and the consultants, the City Manager and City Clerk will execute the City standard professional services contracts on behalf of the City, subject to approval as to form by the City Attorney.
FISCAL IMPACT:
The services under the proposed agreements will only be incurred based upon available funding in the adopted budget on an as needed basis.
ATTACHMENTS:
A. Example On-Call Service Contract
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Kevin McCourt, Assistant Engineer
Approved by:
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1 CITY OF ORINDA
SERVICES CONTRACT
Harris & Associates, Inc. (“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 On-Call Civil Engineering Services
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.
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) 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 June 30, 2021.
4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, not to exceed a maximum contract price of $25,000 for all services performed under this agreement. b. Provider shall bill City on a monthly basis for work done in the preceding month. 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.
Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. 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 compliance upon request.
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.
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) 3 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.
All documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royalty-free, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.
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.
In the performance of this agreement, Provider may be given access to confidential City information. Provider shall hold any such information in confidence.
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.
9. Licenses and Compliance with Laws.
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 F.3.a
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) 4 term of this agreement. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply 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 than the minimums shown above, City requires and shall be entitled to coverage for the higher limits 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 Auto 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.
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) 5 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.
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 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.
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) 6 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 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, 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, attorney fees and expert fees) arising out of, pertaining to or relating to the negligence, recklessness, or willful misconduct of Provider 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. 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, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
15. 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
Harris & Associates, Inc.
1401 Willow Pass Road, Suite
500
Concord, CA 94520
16. Litigation.
If either party brings an action to enforce this agreement, the prevailing party is entitled to reasonable attorney fees and costs (including, but not limited to, expert witness fees and discovery costs).
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) 7 17. 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.
18. Modification.
No waiver, modification or termination of this agreement is valid unless made in writing.
19. 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.
20. Termination.
a. Termination Without Cause: 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.
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. City shall then 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.
21. 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.
22. 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.
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) 8 23. 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.
24. Successors and Assigns.
This agreement shall be binding on the successors and assigns of the Parties.
25. 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.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Harris & Associates, Inc.
__________________________________
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 F.3.a
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) - 9 -
Exhibit A
Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule (pages attached)
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) 10 Exhibit B
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
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Attachment: Example On-Call Service Contract (3402 : Award of On-Call Services Contracts) City Council
Staff Report
Agenda Item: G.1
Date: July 16, 2024
Department: Finance
AGENDA TITLE: Public Hearing for Development Impact Fees and Fees for Services Provided by the Planning, Public Works and Engineering Services, Parks and Recreation, Police and Administrative Services Departments (Master Fee Schedule) RECOMMENDATION:
Staff recommends that the Council hold a public hearing to consider the proposed revised Fee Schedule and approve it by the adoption of Resolution 31-24.
BACKGROUND:
From time to time, at least annually, as circumstances and the costs of providing services and the costs to mitigate development impacts change, the fees are adjusted accordingly. A Resolution embodying such changes is attached for the Council's review and consideration.
By State law, the City Council must conduct a noticed public hearing prior to any action to change fees for planning and development activities. The public hearing was duly noticed to be held in conjunction with the regular meeting of the Council on Tuesday, July 16, 2024.
Most of the fees included in the schedule were last adjusted June 20, 2023. The exception being the Transportation Impact Fees, which were adopted with a January 1st adjustment date based on an index published in September. The City Council incorporated the 2024 Transportation Impact Fee increase in an updated schedule adopted December 19, 2023.
DISCUSSION:
In order to comply with the Council's policy that charges be set to recover the actual cost of providing certain services, and to ensure that these charges are modified as costs increase or decrease, staff is proposing that development impact fees and fees for services be adjusted as indicated in the Master Fee Schedule FY 2024-25 (Attachment B) which includes comparison of Current and Proposed Fees.
The comparison shows both the “Current Fee” and the “Proposed Fee”. There is also a column that provides an indication as to how the adjustment was made (e.g. CPI Change; No Change; New Fee, etc.). The change in the Consumer Price Index was the increase in the February 2024 CPI compared to the February 2023 CPI (San Francisco/Oakland Bay Area All Urban Consumers = 2.9%). Fees that are based on Staff actual hourly rates are automatically adjusted as a result of changes in hourly rates.
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The focus of this Staff report will be on items that were adjusted by something other than the CPI and the new fees. The key changes are discussed based on each section of the Master Fee Schedule.
Section I – Administration
No special changes are proposed to this section of the Master Fee Schedule. All fees were either adjusted by CPI or have no change as they are set by statute.
Section II – Planning & Engineering
No special changes are proposed to this section of the Master Fee Schedule. All fees were either adjusted by CPI or have no change as they are set by statute.
Section II a – Non-Standard Projects
No special changes are proposed to this section of the Master Fee Schedule.
Section III - Appeals
No special changes are proposed to this section of the Master Fee Schedule.
Section IV – Parks & Recreation
A majority of Park and Recreation Fees are not being increased by the change in CPI for FY 2024-25. In general, Parks and Rec customarily increases rental rates every 2-3 years. In some cases, the Parks and Rec rates are at the top of the range for the region; in addition, annual rental increases are a constant source of contention for the dozens of regular renters the City serves. Staff feel waiting a year or two greatly improves the goodwill between the City and the consistent clients who account for over 75% of the City’s annual rentals. Staff intend to apply rate increases for the next fiscal year, as is typically done at the start of each 2-year budget cycle.
Current Sports Facility rates for Private and Commercial groups are being lowered as these rates far exceed corresponding category rates for similar facilities in the region, and, although staff receive regular inquiries from these groups, a rental is rarely, if ever, pursued. By setting the rates at a more appropriate level, especially for the Private group category, staff are confident, based on similar adjustments in the past, that higher rental volume will result in increased revenue overall.
The following Park and Recreation fees are added to the master fee schedule:
A. Addition of Large Meeting Room Rate – A new category, and corresponding fee, for “Large Meeting Room” is being added. Room 9 at the community center is considerably larger than the other meeting rooms and includes a partition that divides the room in half. The space is currently offered for rent as meeting rooms 9A and 9B; however, each room on its own is quite small and neither has been rented by itself for years. Since the rental cost for both is disproportionate for the entire space, staff propose creating a category of one – Large Meeting Room 9.
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B. Delineating Rental Rates of Wilder Natural Grass Fields – Due to the size discrepancy between Field 3 and other City-owned natural grass fields, including Field 5, the rental rate for Field 3 is adjusted accordingly.
C. Special Event Security Deposit – As rentals of City facilities for the purpose of special events become more prevalent, an appropriate security deposit is needed.
D. Withdrawal Fee (Sports Leagues) – This fee primarily pertains to adult sports leagues and is intended to discourage team withdrawals after the registration period has closed, and, particularly, after league schedules have been created.
E. Late Notice Court Rental Adjustment Fee – This new fee is associated with online court reservations (and, likely, future online picnic area reservations), for which patrons will be able to freely adjust a reservation online up to 3 days in advance before a fee is incurred.
F. Camp Refund Fee – This fee is added primarily for summer camp programs and is becoming an industry standard. It is intended to discourage “over registration” and the issues it causes, by implementing a percentage-based cost for refund requests.
G. Class/Camp Transfer Processing Fee – This fee is intended to offset a portion of the staff time necessary to manage program transfers, which has been a steadily increasing occurrence over the past several years.
H. Class Refund Fee – In addition, the Fee schedule now lists class/camp refund fee. Although these fees are not new, they were inadvertently not included in the prior years’ master fee schedule.
I. Tennis Court Light Fee – This fee is being added at this time because staff anticipate a change to the court lighting management system during this current calendar year.
J. Rental Permit Violation Fee – Such a range will allow staff to assess charges to facility renters who failed to comply with City guidelines after acknowledging the guidelines, and the consequences imposed for noncompliance, in writing during the pre-event rental process.
Section V. – Public Safety
K. Correction of Fingerprinting Fees Established by Reporting Agencies – These fees are not set by the City and therefore, not subject to annual adjustment by change in CPI. However, in the prior year these fees were increased by the change in CPI inadvertently. Therefore, these fees are corrected to reflect current fees charged by the reporting agencies.
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L. Correction of Fees related to Copy of Traffic Collision Report and Police Clearance Letter- Services Provided by Another Agency – These fees are corrected to match with the Fee Schedule of the Contra Costa County Office of Sheriff - Records Division.
M. Removal of Photograph Fees - Services Provided by Another Agency – The Chief of Police has recommended removing fees related to obtaining Police photographs and a Background Clearance letter as these services are not being provided.
Section VI. Development Impact Fees
N. Park Dedication Fees – The City Municipal Code contains a provision for the adjustment of these fees. The calculation that has been used in the past examines real property sales and adjusts the fee paid based on the type of housing. Specifically, Orinda Municipal Code Section 3.28.080 (B) (2) states that the fee shall be “… adjusted annually by reference to the average increase or decrease in the price of residential real property…” There has been no change in the methodology used in prior years.
Based on data for residential sales for the most recent 12 months period available (June 2023- May 2024) and used for the Fiscal Year 2024-25 Fee Update, the proposed Fee will decrease by 1.19%. As discussed, the rate can go up or down depending on the sales data.
O. Regional Transportation Impact Fee – Adjustments and the timing of this fee are based on the Lamorinda Fee and Finance Authority Joint Powers Agreement (JPA), established in 1998. The agreement identifies that fees are to be adjusted each January 1st by the amount of the increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area, for the period ending September 30 of the preceding year. This fee will be brought back to the City Council prior to January 1, 2025, and the rate adjustment shall be based on the September 2024 Index.
Proposed Resolution
Attachment A is Resolution #31-24 adopting the Proposed Fees. Staff will attach to the adopted Resolution a clean version of Attachment B, without the comparison to the previous year and notes related to adjustments.
Upon adoption of the resolution the general fees are proposed to take effect in 30 days, except for the Business Registration Fee which will be effective for all registrations due after December 31, 2024. In accordance with State law the revision to the Development Impact Fees (Parks Dedication and Drainage Impact Fees) will take effect in 60 days.
FISCAL IMPACT:
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The anticipated increase in revenue due to the above changes in fees will be offset by the additional cost of providing the services. The exact impact will also depend on the level of activity for any specific fee.
ATTACHMENTS:
A. Resolution Master Fee Schedule FY 2024-25
B. Proposed Master Fee Schedule FY 2024-25
Respectfully Submitted by:
Doug Alessio
Administrative Services Director
Prepared By: Bhavna Chaudhary,
Approved by:
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Resolution No. 31-24
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Modifying Development Impact )
Fees and Other Fees for Services )
Rendered by the City for Planning )
And Community Development, ) Resolution 31-24
Public Works and Engineering )
Parks and Recreation, Public Safety )
And Administration )
WHEREAS, a municipality is authorized to establish reasonable fees for services rendered, provided that those fees do not exceed the estimated reasonable cost of providing the service for which the fee is charged (Government Code Sections 66000-66018.5); and
WHEREAS, on June 20, 2023, the City Council of the City of Orinda adopted Resolution No. 36-23 modifying fees for services rendered by the City for administrative, planning, public works, parks and recreation, public safety services and development impact fees; and
WHEREAS, on December 19, 2023, the City Council adopted Resolution 69-23 establishing an adjustment to the Traffic Impact Fees effective January 1, 2024; and
WHEREAS, on May 21, 2024, the City Council adopted Resolution 20-24 establishing the Parking Variance In-Lieu Fee Holiday for qualifying projects that are within one half mile of the BART station and that meet other AB 2037 criteria Fees effective April 17, 2024 and continuing until January 31, 2026; and WHEREAS, it is desirable to have subsequent fees adopted contained in a consolidated Master Fee Schedule; and
WHEREAS, it is necessary for the City to modify the previously adopted fee schedule in order to insure that fees charged are reasonably related to the estimated cost of providing the service; and
WHEREAS, based on the costs the updated Master Fee Schedule also contains new fees and charges for services as presented at the public hearing conducted on July 16, 2024.
NOW, THEREFORE, the City Council of the City of Orinda finds and declares that:
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Attachment: Resolution Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Resolution No. 31-24
1. Fee Schedule. The fees for administrative, planning, public works, parks and recreation, public safety services, and development impact are those set forth in the City of Orinda schedule attached as Attachment 1 herein.
2. Upon Effective Date Prior Fee Schedules Superceded. The fees established by this resolution supersede previously existing City fees authorized by Resolutions No. 69-23 and other fee authorizations adopted by the City Council.
3. Authority of City Manager to Prescribe Additional Regulations. The City Manager may adopt such regulations, and prescribe such forms as are necessary to implement and collect the fees provided for by this resolution.
4. Effective Date(s). The fees for services are effective August 16, 2024, with the exception of Business Registration and Business Registration Renewal Fees; which are effective for registrations and renewals due after December 31, 2024. The development impact fees take effect on September 16, 2024.
Adopted by the City Council of the City of Orinda on July 16, 2024, by the following vote:
AYES: COUNCILMEMBERS: Miller, Gee, Iverson, Malkani, Riley NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Darlene Gee, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
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Attachment: Resolution Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25)
CITY OF ORINDA, CALIFORNIA
PROPOSED MASTER FEE SCHEDULE
Fiscal Year 2024-25
Attachement 1 Resolution #31-24
July 16, 2024
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
I. ADMINISTRATION
FY 2024-25
Proposed
Fee Note(s)/ Adjustment
Document Copies/ Photocopies
Black & White 8.5" x 11" - First Page Free Free No change Black & White 8.5" x 11" - Each additional page $0.10 Per page $0.10 No change Color, 8.5" x 11" $0.25 Per Page $0.25 No change
Large format copies & plotting $1.80 per sq. ft. $1.85 Annual CPI Change Radius Map and Mailing Label Preparation $202.00 per request $208.00 Annual CPI Change Returned Check
$25.00 Per returned item $25.00 No change
$35.00 Per returned item $35.00 No change
$200.00 per filing notice $200.00 No change
$15.00 per signature $15.00 No change
TRANSIENT OCCUPANCY TAX (OMC 3.12) 8.5% of Rent 8.5% of Rent No change; change would require Voter approval
Current Fee
Second and each additional returned check (CA Civil
Code sec.1720)
Intent to circulate Initiative (Filing Fee)
(Elections Code 9202 )
Notary Services / Proof of Signature
(CA Govt Code 8211)
First returned check for non-sufficient funds (CA Civil Code sec.1719)
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
II. PLANNING & ENGINEERING
Current Fee FY 2024-25 Proposed Fee Note(s)/ Adjustment For City Staff Time only see Section IIa for additional fees that may apply.
General Plan Update Fee +
Surcharge applied to all Fixed Fee Planning Permits marked by + 10% surcharge 10% surcharge No change For Planning Permits established as billed costs - Fixed General Plan Update Fee @ Initial Application $168 $173 Annual CPI Change Permit Technology Fee +
Technology Fee applied to permits marked by + 3% surcharge 3% surcharge No change For Permits established as billed costs - Fixed Permit Technology Fee @ Initial Application $49 $50 Annual CPI Change
Building Inspection Surcharge 50% of fee charged by Contra Costa County 50% of fee charged by Contra Costa County No change State of California Green Building -Building Permit Surcharge As required by California Health & Safety Code section 18931.6(a) $4 / $100,000 in valuation - Minimum $1.00 $4 / $100,000 in valuation - Minimum $1.00 No change Building Permit Plan Check +
No "hold" on final inspection $367 Per Building Permit $378 Per Building Permit Annual CPI Change With "hold" on final inspections (involves site visit by City Staff and/or approval of waste management receipts prior to building final)
$419 Per Building Permit $431 Per Building Permit Annual CPI Change Modification to prior Plan Check $314 Per Re-submittal $323 Per Re-submittal Annual CPI Change Re-inspection Fee $141 Per Re-inspection $145 Per Re-inspection Annual CPI Change Accessory Dwelling Unit (ADU) Plan Check $691 $711 Annual CPI Change Renovation Plan Check determination (whether work qualifies as a renovation) $ 341 For complete demolition projects $351 For complete demolition projects Annual CPI Change Plan-check only additional fee(prior to project receiving discretionary entitlements)
$173 $178 Annual CPI Change
Public Works Plan Check Engineering consultant costs see section IIa. A deposit is required before work commences,
the amount shall be $5,000
Engineering consultant costs see section IIa. A
deposit is required before work commences,
the amount shall be $5,000
No change
Scanning Fee - per page for large format plans $2.50 per page $3.00 per page Annual CPI Change Certificate of Compliance Staff hourly rate charges. A cash deposit of $1,500 is required before work commences
Staff hourly rate charges. A cash deposit of
$1,500 is required before work commences
No change
Conceptual Development Review (CDR) +
Residential Additions $159 Per Application $164 Per Application Annual CPI Change New Single Family (not located in Wilder) $485 Per Application $499 Per Application Annual CPI Change New Single Family (located in Wilder) $973 Per Application $1,001 Per Application Annual CPI Change Commercial $1,297 Per Application $1,335 Per Application Annual CPI Change Planning Commission Study Session Add-On (cost of noticing not included)
$541 Per Study Session $557 Per Study Session Annual CPI Change Design Review +
Commercial / Non-Residential:
Review by Zoning Administrator (exterior work only) $713 Plus $734 Plus Annual CPI Change $1.80 Square Foot Exterior Surface $1.85 Square Foot Exterior Surface Annual CPI Change Review by Planning Commission (exterior work only) $1,428 Plus $1,469 Plus Annual CPI Change $1.80 Square Foot Exterior Surface $1.85 Square Foot Exterior Surface Annual CPI Change Subject to maximum fee of $11,448 Subject to maximum fee of $11,780 Annual CPI Change Commercial/Office (construction or addition less than 1,000 sq. ft.) $5,007 Per Application $5,152 Per Application Annual CPI Change Commercial/Office (construction or addition of 1,000 or more sq. ft.) $5,007.00 $5,152.00 Annual CPI Change $51 Per Square Foot in Excess of 1,000 $52.5 Per Square Foot in Excess of 1,000 Annual CPI Change Public Works Review $2,086 Per Application $2,147 Per Application Annual CPI Change Page | 3
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
II. PLANNING & ENGINEERING
Current Fee FY 2024-25 Proposed Fee Note(s)/ Adjustment Design Review +
Residential
Zoning Administrator Review $713 Plus $734 Plus Annual CPI Change $1.80 *Square Foot per OMC Chapter 17.6 $1.85 *Square Foot per OMC Chapter 17.6 Annual CPI Change Zoning Administrator Review (Wilder new single-family home) $6,177 Plus $6,356.00 Annual CPI Change Planning Commission Review $1,428 Plus $1,469 Plus Annual CPI Change $1.80 *Square Foot per OMC Chapter 17.6 $1.85 *Square Foot per OMC Chapter 17.6 Annual CPI Change Public Works Review $2,086 Per Application $2,147 Per Application Annual CPI Change New single-family homes subject to a maximum of $9,106 $9,370 Annual CPI Change Multi-family Staff hourly rate charges. A cash deposit will be required before work commences
Staff hourly rate charges. A cash deposit will
be required before work commences
No change
*Residential square footage as calculated in OMC Chapter 17.6 Dwelling unit Part of PUD or subdivision submitted for concurrent design review.
Staff hourly rate charges. A cash deposit will
be required before work commences
Staff hourly rate charges. A cash deposit will
be required before work commences
No change
Special Design Review $519 Per Application $534 Per Application Annual CPI Change (Additions and new residences require special design review standards for:
very large homes, severely sloped development footprints, and lots within the R overlay zone and small narrow lots)
Development Pre-application Meeting
Hourly Rate Meeting prior to application submittal (No charge for first meeting)
$209 Per Hour $215 Per Hour Annual CPI Change
Elevated Deck Permit +
Elevated Deck Permit (only) $647 $666 Annual CPI Change Elevated Deck Permit (combined with another discretionary application) $446 $459 Annual CPI Change Environmental Review +
Environmental Impact Report City contracted cost plus 30% City contracted cost plus 30% No change Initial Study / Standard or Mitigated Negative Declaration City contracted cost plus 30% and / or Staff hourly rate charges. A cash deposit will be
required before work commences.
City contracted cost plus 30% and / or Staff
hourly rate charges. A cash deposit will be
required before work commences.
No change
Department of Fish & Wildlife Per Code Section 711.4 As required by law. As required by law. No change Exception/Variance +
Exceptions / Variances (only) Staff hourly rate charges. A cash deposit of $1,500 is required before work commences
Staff hourly rate charges. A cash deposit of
$1,500 is required before work commences
No change
Exceptions/Variances (combined with another discretionary application) $908 $934 Annual CPI Change General Plan
Text Amendment; Map Amendment; and/or Code Amendment Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash deposit is
required before work commences
No change
Landscape Plan/MWELO (Model Water Efficiency Landscape Ordinance) Compliance Review Fee + Ministerial Project $75 $77 Annual CPI Change
Discretionary Project $125 $129 Annual CPI Change
Lot Line Adjustment +
Administrative Approval Actual cost - invoiced amount from survey/engineering consultant. A cash deposit
of $5,000 is required before work commences
Actual cost - invoiced amount from
survey/engineering consultant. A cash deposit
of $5,000 is required before work commences
No change
Major Subdivision +
Tentative Map / Vesting Tentative Map / Time Extension Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash deposit is
required before work commences
No change
Minor Subdivision +
Tentative Map / Vesting Tentative Map / Time Extension Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash deposit is
required before work commences
No change
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
II. PLANNING & ENGINEERING
Current Fee FY 2024-25 Proposed Fee Note(s)/ Adjustment Planned Development + (Unit All Categories Below): Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash deposit is
required before work commences
No change
PRELIMINARY PLAN:
Residential - Preliminary Development Plan / Final Development Plan (FDP)
" " No change
Non-Residential - Commercial and Office " " No change
FINAL PLAN:
Residential - Final Development Plan (When separate from Preliminary Plan)
" " No change
Non-Residential - Commercial and Office " " No change
TIME EXTENSION " " No change
REZONING TO COMMERCIAL / OFFICE +
Zoning Ordinance Text Revision Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash deposit is
required before work commences
No change
Zoning Ordinance Map Revision : Residential; Commercial; Office Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash deposit is
required before work commences
No change
Senate Bill 9 (SB 9) +
SB 9 Unit Application (One SB 9 Unit) $5,245 $5,397 Annual CPI Change SB 9 Unit Application (Two SB 9 Units) $6,818 $7,016 Annual CPI Change SB 9 Lot Split Application Staff hourly rate charges. A cash deposit of $15,000 is required before work commences
Sign Permit +
Type I - First sign $141 $145 Annual CPI Change
Type I - Each Additional Sign $41 $42 Annual CPI Change Type II- First Sign $1,688 $1,737 Annual CPI Change
Type II - Each additional sign $88 $91 Annual CPI Change BART Banner $76 $78 Annual CPI Change
Temporary Event Permit +
One-Time Event or Initial Approval $519 $534 Annual CPI Change Annual Events after the first year $284 $292 Annual CPI Change Tree Removal Permit +
First Tree (including Heritage Tree) $184 $189 Annual CPI Change Each Additional Tree (Including Heritage Tree) $58 $60 Annual CPI Change Replacement with tree removal permit, as per OMC 17.21.5.F.2 $125 Per Tree $125 Per Tree No change. Flat fee per OMC17.21.5.F.2
Restitution for trees removed in violation of OMC 17.21 $1,098 Per Tree $1,130 Per Tree Annual CPI Change Use Permit +
Large (greater than 6) Residential Care, Child Care Facilities & Pre-Schools $2,729 Per Application $2,808 Per Application Annual CPI Change Commercial Use Permit $713 Plus $734 Plus Annual CPI Change Establishment of Commercial, Retail or Office Use in DC Zoning District when the new business requires use permit approval (such as service stations and “Class “B” retail businesses in “Type “1”spaces) $1.30 Per Square Foot $1.35 Per Square Foot Annual CPI Change Subject to maximum fee of $10,147 Per Application $10,441 Per Application Annual CPI Change Modification or expansion of existing business, when the requested change requires use permit approval (such as addition of outdoor seating) $908 Per Permit $934 Per Permit Annual CPI Change
Temporary Use $810 Per Permit $834 Per Permit Annual CPI Change Other Use Permits $1,874 Per Permit $1,928 Per Permit Annual CPI Change Wireless Communication Facility Permit +
Wireless Communication Facility Permit $6,632 Per Permit Plus $6,824 Per Permit Plus Annual CPI Change Plus cost of contracted peer review Actual cost Peer Review Actual cost Peer Review Annual RF Report Review $400 Per Review $412 Per Review Annual CPI Change (waived in years Compliance Review is required per OMC Section 17.34.9.A (1) or (2)
Permit Compliance $2,015 Per Report $2,073 Per Report Annual CPI Change (Review per OMC Section 17.34.9.A (1) or (2))
Small Cell Wireless Facilities
Small Cell Wireless Facility Permit Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash deposit is
required before work commences
No change
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
II. PLANNING & ENGINEERING
Current Fee FY 2024-25 Proposed Fee Note(s)/ Adjustment Zoning Administrator
Request for public hearing, includes costs of noticing $240 Per Hearing $247 Per Hearing Annual CPI Change Other Permits & Services +
Heritage Tree Nomination $973 $1,001 Annual CPI Change
Hillside grading (Review under OMC section 17.7.7) $908 $934 Annual CPI Change 1st Time Extension (Planning Director) $314 Per Extention $323 Per Extention Annual CPI Change Subsequent Extension (Planning Commission) $786 $809 Annual CPI Change Outdoor Dining or Take-Out Restaurant Permit $623 $641 Annual CPI Change Relocation Permit (relocation of non-conforming office uses in DC zone $2,015 $2,073 Annual CPI Change Neighborhood Analysis "Vicinity" Map and Data Table $908 $934 Annual CPI Change Preliminary Housing Development Application (SB 330) $568 Per Application $584 Per Application Annual CPI Change Additional Hourly Rate after 39 hours of staff time (any discretionary application)
$125 $129 Annual CPI Change
Heavy Equipment Use for Residential Construction on Saturday/Sunday $200 $206 Annual CPI Change Reasonable Accommodation Request (OMC Section 17.46) Free Free No change Subdivision Agreement +
Original Deposit required (See §IIa) Deposit required (See §IIa) No change Each Extension - IF Granted $1,396 $1,437.00 Annual CPI Change Subdivision Fees +
Parcel Map and Parcel Map Checking Fee Deposit required Deposit required No change Final Map Checking Fee See section IIa (Non-Standard Projects) See section IIa (Non-Standard Projects) No change Final Map Recordation of Map Actual cost fee Contra Costa County Actual cost fee Contra Costa County No change Final Map Base Mapping Maintenance Actual cost fee Contra Costa County Actual cost fee Contra Costa County No change Improvement Plan Checking Staff or consultant hourly rate charges.
A cash deposit is required before work
commences
Staff or consultant hourly rate charges.
A cash deposit is required before work
commences
No change
The cash deposit will be based on 2.5% of the City Engineer’s estimate of the value of street, drainage & other public or private improvements proposed to be installed.
Inspection of Improvements Staff or consultant hourly rate charges.
A cash deposit is required before work
commences
Staff or consultant hourly rate charges.
A cash deposit is required before work
commences
No change
The cash deposit will be based on 8% of the first $30,000 of City Engineer’s estimate of the value, or any fraction thereof, +5% of that value which exceeds $30,000.
ENCROACHMENT PERMITS
Standard routine Projects (Driveways, utility hook-ups, sidewalk repairs, main break / repair, raise man hole to grade, etc.)
$473 Per Application $487 Per Application Annual CPI Change Non-Routine Projects - Processing Fee (2 hrs minimum inspection time per visit; construction or replacement of utility line/conduits; series of pole replacement, installation of frontage improvements, etc.) $240 Plus costs per section IIa (NonStandard Projects) if scope exceeds base permit
$247 Plus costs per section IIa (NonStandard Projects) if scope exceeds base permit
Annual CPI Change
Debris Box (up to 7 days) $94 Initial Week (7 days) $97 Initial Week (7 days) Annual CPI Change Debris Box after 7 days per day fee up to a maximum of 30 days $311 Per Day $320 Per Day Annual CPI Change Road Closure / Block Party $311 $320 Annual CPI Change
Cash Bond per OMC 12.08.140 per OMC 12.08.140 No change Transportation of Oversized and/or Overweight Loads per State Fee per State Fee No change House Moving Permit OMC 15.28.020 and costs per section IIa (Nonstandard projects)
OMC 15.28.020 and costs per section IIa
(Nonstandard projects)
No change
Revocable Encroachment Agreement when not associated with a project subject to Design Review
$1,874 $1,928 Annual CPI Change
Revocable Encroachment Agreement when associated with a project subject to Design Review
$1,500 $1,544 Increased above CPI
to cover actual staff
time
Watercourse Alteration Permit
A. Watercourse Setback Determination Fee $551 $567 Annual CPI Change B. Drainage Work Within A Waterway:
B1. Standard routine projects (drainage around residence on private property; repair of existing drainage) Covers processing fee and up to 3 inspections
$435 $448 Annual CPI Change
B2. Additional Inspections - Drainage work within Waterway $526 $541 Annual CPI Change C. Drainage Work Within A Waterway: Nonstandard projects including improvements discharging to a public facility for review and inspection A cash deposit of $5,000 is required for
consultant or staff hourly rate charges.
A cash deposit of $5,000 is required for
consultant or staff hourly rate charges.
Changed from flat fee
to deposit-based
D. Cash Bond, if required for repairs/improvements As determined by the City Engineer As determined by the City Engineer No change Page | 6
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
II. PLANNING & ENGINEERING
Current Fee FY 2024-25 Proposed Fee Note(s)/ Adjustment
STORMWATER TREATMENT AND FLOW CONTROL FACILITY CERTIFICATION FEE Annual Certification Fee Developments with 4 or less stormwater facilities $358 Annual $368 Annual Annual CPI Change Annual Certification Fee Developments with 5 or more stormwater facilities $432 $445 Annual CPI Change
BUSINESS PERMIT FEES
Business Registration**
Initial Annual Business Registration - Effective Renewal Dates beginning 2024
$57 Initial License $59 Initial License Annual CPI Change Annual Renewal Business Registration $39 Per Renewal $40 Per Renewal Annual CPI Change Initial Late Penalty (1st of month following due date) $27 1st of month following due date $28 1st of month following due date Annual CPI Change Late Penalty (if unpaid on 1st of month following initial Penalty) $56 Two months delinquent $58 Two months delinquent Annual CPI Change Compliance Inspection Fee $117 Per Inspection $120 Per Inspection Annual CPI Change State Surcharge - Disability Access Fee $4 Per Application or Renewal $4 Per Application or Renewal No Change. Set By State Law
Short-Term Rental Registration
Initial Registration $283 $291 Annual CPI Change
Annual Renewal Short-Term Rental Registration $168 $173 Annual CPI Change Residential Parking Permits
Annual Permit $94 $97 Annual CPI Change
Employee Parking Permits
Semi Annual Permit July 1st - December 31st $94 $97 Annual CPI Change Semi Annual Permit January 1st - June 30th $94 $97 Annual CPI Change Commuter Parking Permits
Semi Annual Permit: January 1st – June 30th $339 $349 Annual CPI Change Semi Annual Permit: July 1st – December 31st $339 $349 Annual CPI Change Page | 7
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
II a. NON-STANDARD PROJECTS
SPECIAL/COMPLEX PROJECTS
CONSULTANT FEES
CITY ATTORNEY FEES
CONTRACT SERVICES
Contractor’s costs paid by the City Plus a surcharge of 17.5% as an overhead fee.
Fees collected from the Applicant shall include:
The City’s contract City Attorney costs Plus a 17.5% overhead fee.
Services may include, but are not limited to, photocopying, delivery, etc.
For Contract Services entered by the City of Orinda, the fees (which may be deducted from the deposit account, or paid directly) shall include:
Fees listed in the preceding sections of this Schedule are intended to cover City staff time for standard processing. For any work not included in the schedule, including but not limited to: street closures, abandonments; FEMA Floodway, review of Letter of Map Revision (LOMR) Applicaiton, Quit Claims; legal costs including defense of an application undertaken in accordance with an indemnification agreement between the City and the Applicant, the fee(s) will be charged equivalent to the hourly cost of the employee(s) involved, plus the City cost of materials, equipment, contracted professional services including legal services and City overhead as described below.
Additional fees and deposits may be required for the following:
For special projects requiring extensive staff work due to duration, complexity, required preparation of non-standard forms and agreements, etc., the City reserves the right to charge for materials and labor, plus overhead in addition to, or in lieu of the fees cited in this schedule.
The City Manager is authorized to establish guidelines for when a deposit may be required for such projects. This may include executing reimbursement and indemnification agreements.
When the balance in the deposit account submitted by an applicant is 50% or less of the original deposit, an additional deposit may be required to continue processing. Upon completion of the project, and payment by the City for all services provided under this provision, any unused portion will be refunded to the applicant.
For Consultant Services contracted by the City of Orinda, such as soils peer review, environmental consultant, etc.; the fees (which may be deducted from the deposit account, or paid directly) shall include:
Consultant's cost paid by the City Plus 30% of the first $10,000 of the contract; and 10% of the contract amounts in excess of $10,000.
If the assistance of the City Attorney is required in connection with any non-standard project services, Page | 8
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
III. APPEALS
Current Fee
FY 2024-25
Proposed Fee Note(s)/ Adjustment
All appeals or reconsiderations -
Appeal reconsideration costs are based on 25% of the
original application fee subject to the Minimum / Maximum, plus the estimated cost of preparing detailed meeting minutes for decision(s) being appealed.
Minimum $693.00 $713.00 Annual CPI Change
Maximum $1,949.00 $2,005.00 Annual CPI Change
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
IV. Parks & Recreation *
RESIDENT & NON RESIDENT
Current
FY 2024-25
Proposed Fee Current
FY 2024-25
Proposed Fee Current
FY 2024-25
Proposed Fee Current
FY 2024-25
Proposed Fee
INDOOR
FACILITIES
Orinda Community Center
Meeting Room $ 49.00 $ 49.00 $ 54.00 $ 54.00 $ 60.00 $ 60.00 $ 74.00 $ 74.00 no change Large Meeting Room $ 54.00 $ 59.00 $ 65.00 $ 79.00 New Fee Founders Auditorium $ 88.00 $ 88.00 $ 96.00 $ 96.00 $ 122.00 $ 122.00 $ 133.00 $ 133.00 no change Kitchen $ 42.00 $ 42.00 $ 51.00 $ 51.00 $ 59.00 $ 59.00 $ 74.00 $ 74.00 no change Library
Auditorium $ 102.00 $ 102.00 $ 109.00 $ 109.00 $ 122.00 $ 122.00 $ 148.00 $ 148.00 no change Garden Room $ 64.00 $ 64.00 $ 67.00 $ 67.00 $ 73.00 $ 73.00 $ 91.00 $ 91.00 no change May or Gallery Rooms $ 36.00 $ 36.00 $ 37.00 $ 37.00 $ 40.00 $ 40.00 $ 49.00 $ 49.00 no change Wilder Park
Ranch House $ 67.00 $ 67.00 $ 72.00 $ 72.00 $ 78.00 $ 78.00 $ 94.00 $ 94.00 no change Art & Garden Studio $ 67.00 $ 67.00 $ 72.00 $ 72.00 $ 78.00 $ 78.00 $ 94.00 $ 94.00 no change Art & Garden Center 1-3 $ 185.00 $ 185.00 $ 193.00 $ 193.00 $ 214.00 $ 214.00 $ 256.00 $ 256.00 no change City Hall
Sarge Room $ 36.00 $ 49.00 $ 37.00 $ 54.00 $ 40.00 $ 60.00 $ 49.00 $ 74.00 Note 1
OUTDOOR
FACILITIES
Library
Library Plaza $ 56.00 $ 56.00 $ 62.00 $ 62.00 $ 64.00 $ 64.00 $ 81.00 $ 81.00 no change Orinda Community Park
Amphitheater $ 40.00 $ 40.00 $ 41.00 $ 41.00 $ 46.00 $ 46.00 $ 55.00 $ 55.00 no change Gazebo (up to 3 hrs) $ 57.00 $ 57.00 $ 64.00 $ 64.00 $ 69.00 $ 69.00 $ 85.00 $ 85.00 no change Meadow $ 25.00 $ 25.00 $ 28.00 $ 28.00 $ 52.00 $ 52.00 $ 94.00 $ 94.00 no change Tennis/Picketball Courts $ 8.00 $ 8.00 $ 10.00 $ 10.00 $ 12.00 $ 12.00 $ 16.00 $ 16.00 no change Community Center Plaza Or Parking Lot $ 56.00 $ 56.00 $ 62.00 $ 62.00 $ 64.00 $ 64.00 $ 81.00 $ 81.00 no change Orinda Oaks Park (up to 3 hours) - Price per Use
Picnic Area $ 57.00 $ 57.00 $ 64.00 $ 64.00 $ 69.00 $ 69.00 $ 85.00 $ 85.00 no change Wilder Park (up to 3 hours) - Price per Use
Picnic Area up to 20 $ 36.00 $ 36.00 $ 37.00 $ 37.00 $ 40.00 $ 40.00 $ 50.00 $ 50.00 no change Picnic Area up to 50 $ 57.00 $ 57.00 $ 62.00 $ 62.00 $ 68.00 $ 68.00 $ 85.00 $ 85.00 no change Picnic Area 51–100 $ 91.00 $ 91.00 $ 95.00 $ 95.00 $ 108.00 $ 108.00 $ 133.00 $ 133.00 no change Art & Garden Center Plaza $ 56.00 $ 56.00 $ 62.00 $ 62.00 $ 64.00 $ 64.00 $ 81.00 $ 81.00 no change SPORTS
FACILITIES
Orinda Sports Field / Pine Grove
Natural Turf Field $ 27.00 $ 27.00 $ 33.00 $ 33.00 $ 66.00 $ 37.00 $ 94.00 $ 66.00 Note 2 Infield Use (OSF) $ 13.00 $ 13.00 $ 17.00 $ 17.00 $ 33.00 $ 20.00 $ 47.00 $ 33.00 Note 2 Wilder Park
Natural Turf $ 27.00 $ 33.00 $ 66.00 $ 95.00 Deleted
Natural Turf - Field 3 $ 32.00 $ 38.00 $ 42.00 $ 72.00 Added Natural Turf - Field 5 $ 27.00 $ 33.00 $ 37.00 $ 66.00 Added Artificial Turf Field $ 54.00 $ 54.00 $ 66.00 $ 66.00 $ 130.00 $ 75.00 $ 188.00 $ 130.00 Note 2 Field Lights $ 25.00 $ 25.00 $ 29.00 $ 29.00 $ 32.00 $ 32.00 $ 37.00 $ 37.00 no change Wagner Ranch Gymnasium
Gymnasium $ 68.00 $ 68.00 $ 80.00 $ 80.00 $ 157.00 $ 90.00 $ 190.00 $ 157.00 Note 2 Pine Grove Field
Soccer Field $ 27.00 $ 27.00 $ 33.00 $ 33.00 $ 66.00 $ 37.00 $ 94.00 $ 66.00 Note 2 Baseball Field $ 13.00 $ 13.00 $ 17.00 $ 17.00 $ 33.00 $ 20.00 $ 47.00 $ 33.00 Note 2 Orinda Union School District
Del Rey Mustang $ 20.00 $ 20.00 $ 21.00 $ 21.00 $ 35.00 $ 25.00 $ 60.00 $ 35.00 Note 2 Del Rey Pinto $ 20.00 $ 20.00 $ 21.00 $ 21.00 $ 35.00 $ 25.00 $ 60.00 $ 35.00 Note 2 Del Rey Keith Burnham $ 23.00 $ 23.00 $ 24.00 $ 24.00 $ 40.00 $ 28.00 $ 65.00 $ 40.00 Note 2 Glorietta Field $ 20.00 $ 20.00 $ 21.00 $ 21.00 $ 35.00 $ 25.00 $ 60.00 $ 35.00 Note 2 Orinda Inter. Lower $ 27.00 $ 27.00 $ 30.00 $ 30.00 $ 50.00 $ 35.00 $ 85.00 $ 50.00 Note 2 Orinda Inter. Upper $ 20.00 $ 20.00 $ 21.00 $ 21.00 $ 35.00 $ 25.00 $ 60.00 $ 35.00 Note 2 Sleepy Hollow Field $ 20.00 $ 20.00 $ 21.00 $ 21.00 $ 35.00 $ 25.00 $ 60.00 $ 35.00 Note 2 Wagner Bronco $ 20.00 $ 20.00 $ 21.00 $ 21.00 $ 35.00 $ 25.00 $ 60.00 $ 35.00 Note 2 Wagner Curtis $ 20.00 $ 20.00 $ 21.00 $ 21.00 $ 35.00 $ 25.00 $ 60.00 $ 35.00 Note 2 Group V
Commercial
Note 2: Current Sports Facility rates for Private and Commercial groups far exceed corresponding category rates for similar facilities in the region, and, although staff receive regular inquiries from these groups, a rental is rarely, if ever, pursued. By setting the rates at a more appropriate level, especially for the Private group category, staff are confident, based on similar adjustments in the past, that higher rental volume will result in increased revenue overall.
Note 1: Based on the size of the space and amenities it offers, the Sarge Room is very closely related to a regular-sized meeting room available at the community center and since it is typically rented for similar uses, it is appropriate to be priced at the same rate.
Hourly Rates Facility Use Fees
Group V
Commercial
Group V
Commercial
Group II
Resident 50% or >
Group III
<50% Resident
Group IV
Private
Group II
OUSD/MHS
Group II
OUSD/MHS
Group III
Nonprofit
Group IV
Private
Group III
Nonprofit
Group IV
Private
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
IV. Parks & Recreation * (Continued)
Current
Current
FY 2024-25 Proposed
Fee
A) Security Deposits (Refundable)
Meeting Rooms, Art & Garden Center Studio (one studio) $ 150.00 $150/ rental $150/ rental No change Founders, Library Auditorium, Sports Field, Art & Garden Center- all studios $ 300.00 $300/rental $500/ rental Industry Standard Gymnasium $ 200.00 $200/rental $200/rental No change
Picnic 50+ $ 100.00 $100/rental $100/rental No change
Special Event $1,000 per rental New Fee
Art & Garden Center Supplemental Power Sourse $ 100.00 $100/day $100/day No change Cocktail Tables (AGC) $ 10.00 $10/table/day $10/table/day No change Late Registration Fee (sports programs) $ 25.00 $25 $25 No change Withdrawal Fee (sports leagues) 25%-50% of registration New Fee Late Notice Court Rental Adjustment Fee 25% of court fee New Fee Parking Space Rental Fee (Wilder Park) $ 10.00 $10/space/day $10/space/day No change Media Production in Park Facilities and Open Space $ 200.00 $200/hour, $2000/day $200/hour, $2000/day No change Easel $ 10.00 $10/day $10/day No change
Facility Attendant $ 45.00 $45/hour $50/ hour Salary increases Lapel Microphone $ 60.00 $60/day $60/day No change
LCD Projector (Portable; for classrooms) $ 60.00 $60/day $60/day No change LED Projector (Built-in; Founders, Library Auditorium, and AGC) $ 85.00 $85/day $85/day No change Microphone (Wired) $ 35.00 $35/day $35/day No change
Microphone (Wireless) $ 70.00 $70/day $70/day No change Bluetooth Speaker $ 60.00 $60/day $60/day No change
TV Monitor (DVD player included if needed) $ 50.00 $50/day $50/day No change Portable Sound System (includes microphone) $ 100.00 $100/day $100/day No change Sound System/Sound Booth (Founders, Library Auditorium, and AGC) $ 125.00 $125/day $125/day No change Tennis Court Light Cards - 3 months $ 60.00 $60/3 months or $120/ 6 months
$60/3 months or
$120/ 6 months No change
Tennis Court Light Fee $2- 3/hour New Fee
Rental Change Fee/Re-Booking Fee $ 25.00 $25 per change $25 per change No change Rental Permit Violation Fee
$100-500 per incident;
plus verified public safety
response cost,
if necessary
New Fee
Tournament Fee (in addition to field use fee) $ 172.00 $175/day $177/day Annual CPI Change Wilder Scoreboard Use Fee $ 51.00 $51/day $52/ day Annual CPI Change Wilder Storage Container Use Fee (Container not provided) $ 51.00 $51/season $52/ season Annual CPI Change Class Refund Fee - to credit card $5 per transaction new fee Class Refund Fee - by check $20 per transaction new fee Camp Refund Fee 3%-7% per transaction new fee
Class/Camp Transfer Processing Fee $20 per transfer new fee Fitness Class Permit $ 210.00 $210/6 mos. $216/ 6 months Annual CPI Change Non-Resident Fee 15% 15% additional fee addeded
on all Resident Fees
15% additional fee
addeded on all Resident
Fees
No change
Per Player Fee for Sports League (Maintenance and Capital Replacement Fund) $ 12.00 $12/player/schedluing session (6 months)
$12/player/schedluing
session (6 months) No change
E) Facility Preservation Fees
RESIDENT + NON-RESIDENT FEES
Notes
B) Facility Equipment Rental & Program-related Fees
C) Sports Field Rental Fees
D) Miscellaneous Parks & Recreation Fees
OTHER FEES
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
IV. Parks & Recreation * (Continued)
Current
Current
FY 2024-25 Proposed
Fee
RESIDENT + NON-RESIDENT FEES
OTHER FEES Notes
Facility Preservation (Maintenance and Capital Replacement of non-sports facilities) 3% 3% charge added to each nonsports league transaction 3% charge added to
each non-sports league
transaction
No change
* The Director of Parks and Recreation or his/her designee will set specific fees. The City's goal is to charge user fees that are comparable with neighboring agencies, fair and reasonable for the facility or service provided, and that offset operating costs as much as possible. The Director is authorized to establish discounted fees or promotional packages as incentives where applicable.
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
V. PUBLIC SAFETY SERVICES
Note(s)/ Adjustment
FINGERPRINTING
Ink Card - Taking of Prints Only Fee is per card $44.00 $45.00 Annual CPI Change Live Scan - City service fee $47.00 $48.00 Annual CPI Change * In addition to the Orinda Service Fee, the City collects external fees "Live Scan" fees established by reporting agencies and are subject to change
Department of Justice Reporting $33.00 *$32.00 * Correction Child Abuse Central Index Reporting $26.00 *$15.00 * Correction Federal Bureau of Investigation Reporting $26.00 *$17.00 * Correction CITATION PROOF OF CORRECTION - SIGN-OFF No Charge No Charge No change (California Vehicle Code Section 40610)
COPY OF TRAFFIC COLLISION REPORT $11.00 ** $0.10 per page ** Correction
COPY OF PHOTOGRAPHS
Processing Handling Fee $72.00 ** Deleted since this
service is not being
provided.
Per Photo Reproduced $2.00 ** Deleted since this
service is not being
provided.
POLICE CLEARANCE LETTER (Background Check) $49.00 ** $0.00 ** Correction ** As established by Contra Costa County Office of Sheriff - Records Division
VEHICLE RELEASE (Stored / Impounded Vehicle) $173.00 $178.00 Annual CPI Change FALSE ALARM RESPONSE FEE (8.12.070 OMC)
For each false alarm in excess of two during any 90 day period. $350.00 $360.00 Annual CPI Change
REDEMPTION OF SIGNS RECOVERED FROM RIGHT OF WAY
Storage and redenption fee for advertising signs removed from the public right-of-way by the City
$58.00 $60.00 Annual CPI Change
VEHICLE ABATEMENT
For every incident where the City abates avehicles or vehicle parts determined to be a public nuisance.
$254.00 $261.00 Annual CPI Change
MASSAGE BUSINESS APPLICATION FEES
Application Fees
New Application for operating a massage parlor $283.00 $291.00 Annual CPI Change Renewal - Application for operating a massage parlor $141.00 $145.00 Annual CPI Change New Application for acting as a masseur $159.00 $164.00 Annual CPI Change Renewal of application for acting as a masseur $86.00 $89.00 Annual CPI Change Permit Fees
Annual permit for operating a massage parlor $58.00 $60.00 Annual CPI Change Annual permit for acting as a masseur $58.00 $60.00 Annual CPI Change TOBACCO RETAILERS LICENSE (OMC 9.28.080) $358.00 $368.00 Annual CPI Change SOLICITOR REGISTRATION $144.00 $148.00 Annual CPI Change FY 2024-25
Current Fee Proposed Fee
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) Proposed Master Fee Schedule FY 2024-25
Attachment 1 Resolution No. 31-24
VI. DEVELOPMENT IMPACT FEES
Note(s)/ Adjustment
PARK DEDICATION FEE - (Effective September 16, 2024)
Adjustment formula per OMC 3.28.070 and 3.28.080
Single-family detached $22,683 $22,418 Average market value decrease in residential property values
Single-family attached or townhouse $15,412 $15,232 Average market value decrease in residential property values
Multiple-family duplex, condominium $15,829 Per Unit $15,644 Average market value decrease in residential property values
Single Family
Regional Fee $5,045.11 $5,045.11 No change
Local Fee $5,045.11 $5,045.11 No change
Multi-family or second unit
Regional Fee $3,531.37 $3,531.37 No change
Local Fee $3,531.37 $3,531.37 No change
Multiple Family - Transit Orineted Development
Regional Fee $1,871.87 $1,871.87 No change
Local Fee $1,871.87 $1,871.87 No change
Non-Residential
Regional Fee $5.39 Per Square Foot $5.39 Per Square Foot No change Local Fee $5.39 Per Square Foot $5.39 Per Square Foot No change Other Uses
Regional Fee $555.25 Per Daily Trip $555.25 Per Daily Trip No change Local Fee $555.25 Per Daily Trip $555.25 Per Daily Trip No change
DRAINAGE IMPACT FEE
Impervious surface added by new development $1.60 Per Square Foot ** 1.65 Per Square Foot ** no change ** Fee applied to square feet in excess of 100sf
VII. ZONING IN-LIEU FEE
PARKING IN-LIEU VARIANCE FEE***
Existing Building - 1st Space $1,381.00 $1,421.00 *** Annual CPI Change Existing Building - 2nd Space $2,763.00 $2,843.00 *** Annual CPI Change Existing Building - 3rd Space $4,146.00 $4,266.00 *** Annual CPI Change Existing Building - Each Additional Space after 3 $5,528.00 $5,688.00 *** Annual CPI Change New Building - 1st Space $2,210.00 $2,274.00 *** Annual CPI Change New Building - 2nd Space $4,975.00 $5,119.00 *** Annual CPI Change New Building - 3rd Space $7,740.00 $7,964.00 *** Annual CPI Change New Building - Each Additional Space after 3 $10,505.00 $10,810.00 *** Annual CPI Change Current Fee FY 2024-25 Proposed Fee
TRANSPORTATION IMPACT FEE *
(Effective 1/1/2024 - Resolution #69-23 to incorporate the change in the September 2023 Construction Cost Index)
*Adjustments and timing for Regional fee is based on direction from Lamorinda Fee and Finance Authority. Per JPA uses September Change in construction cost index and identifies desired adjustment effective January 1st. ***The Parking Variance In-Lieu Fee Holiday commencing April 17, 2024 through January 31, 2026 for qualifying projects that are within one half-mile of the BART station and that meet other AB 2097 criteria. Resolution 20-24 adopted on 5/21/2024.
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Attachment: Proposed Master Fee Schedule FY 2024-25 (3397 : Proposed Master Fee Schedule FY 2024-25) City Council
Staff Report
Agenda Item: H.1
Date: July 16, 2024
Department: Parks and Recreation
AGENDA TITLE: Update from Callander Associates Regarding Conceptual Designs and Estimated Construction Costs for Designated Off-leash Dog Park and Pickleball Courts in Orinda
RECOMMENDATION:
Receive Report, Discuss, and Provide Direction, if any.
BACKGROUND:
Having a designated off-leash dog area in Orinda is a topic that has been discussed over many years, with interest in dedicated pickleball courts being a more recent concept given the rise in popularity of the sport. As part of the 2023-24/ 2024-25 TwoYear Budget process conducted in June of 2023, there were Council generated Budget Referrals to possibly undertake such projects:
Budget Referral # 23-5: Establish an Off-Leash Dog Park Budget Referral # 23-16: Dedicated Pickleball Courts
The discussion of these Budget Referrals resulted in the two projects being referred to the Parks & Recreation Commission which was tasked to identify possible sites for a dog park and pickleball courts.
DISCUSSION:
Per Council direction, the Parks and Recreation Commission, in the Fall of 2023, assigned an Ad Hoc committee to visit and assess a handful of potential sites for each facility. The Ad Hoc committee recommended a location for each facility and the City Council received the report at the March 5, 2024, meeting. The selected sites include Orinda Oaks Park (adjacent to the meadow and near the picnic area) for the off-leash area and Wilder Park (northwest corner of the park, directly across Orinda Fields Lane from the Ranch House and Field 1) for the pickleball courts. At the following Council meeting on March 12, 2024, the City Council appropriated $30,000 for initial design for the two projects as part of the Mid-Year Budget update.
As the City Council concurred with the Commission’s recommendation in regard to the sites for these additional amenities, staff solicited proposals from landscape architectural firms to produce conceptual designs and provide estimated construction costs at a basic, modest level for each facility. Callander Associates was selected, and the City entered into a contract for preliminary design for an amount not to exceed $25,234.
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A kick-off meeting with Staff and Callendar was held on May 29, 2024, followed by site visits on June 12, 2024. Callander then presented initial findings to City staff on June 25, 2024, which is also what is being shared this evening for the Council’s review and comment. Per the Council’s direction, a high-level evaluation of the designated sites, and a initial design was completed to allow for the identification of opportunities and constraints, and to develop initial cost estimates. The initial design concepts and cost estimates for each amenity are provided as attachments.
Calendar and Staff will present the initial design concepts and the site constraints, design factors, and building code and other considerations, which dictate the scope for each project. These elements are also what greatly influenced the higher than initially anticipated cost of each project.
NEXT STEPS: Receive the report, discuss the information provided FISCAL IMPACT:
Through June 30, 2024, Callander has billed the City $5,635 of the total contract amount of $25,234. There are no funds budgeted for these projects beyond the initial design allocation. The allocation of funds needed to construct the projects would require a future appropriation of City funds, or some combination of donations, grant funding, or City funds, to occur. As a matter of note, in 2025, the next application period for California Department of Parks and Recreation: Land and Water Conservation Fund (LWCF) grants will occur, and this is a possible funding source for construction costs.
Completely or substantially advancing the design of the facilities would likely make the project more competitive for grants if they were at, or near, shovel ready.
ATTACHMENTS:
A. Concept Sketch_Pickleball
B. Concept Sketch_Dog Park
C. Estimate of Probable Construction Costs_Pickleball_Concept Estimate D. Estimate of Probable Construction Costs_Dog Park_Concept Estimate E. 24022_CouncilWorkshopPresentation_240711
Respectfully Submitted by:
Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:
H.1
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BIORETENTION
AREA
CHAIN LINK FENCE,
6'-0" TALL CHAIN LINK FENCE,
4'-0" TALL, TYP. WALL, EST 5'-0" TALL
CONCRETE BAND,
WALL, EST 5'-0" TALL 10" WIDE CHAIN LINK GATE, TYP.
BRIDGE /
DECK
CONCRETE
PATH. TYP.
TRENCH DRAIN
SPLIT RAIL
FENCE. TYP.
EXISTING V-DITCH, TYP.
4-COURT LAYOUT,
WITH PREFERRED OVERRUNS
ASPHALT PAVEMENT
ACCESSIBLE
PARKING
5-COURT LAYOUT,
WITH MINIMUM OVERRUNS
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Attachment: Concept Sketch_Pickleball (3400 : Dog Park and Pickleball Update) Shorten Stall Length
from 20' to 18'
Retaining Curb, typ.
1 New ADA Stall,
6 New Parking Stalls New Drinking Fountain 24' 18' 18'
130' Length Ramp with 4
Landings and 4 Ramp
Runs with Avg 8.1% slope
Chain Link Fence,
5' Tall, typ. Chain Link
Pedestrian Gate, typ. Concrete Pavement, typ. Concrete Ramp Miscellaneous Grading Work
(ex. regrading of surface,
installation of retaining curbs)
Chain Link Maintenance
Gate, typ.
Extend Asphalt
Pavement Area Remove Tree Meadow Large Dog Small Dog
PG&E Transmission Tower
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Attachment: Concept Sketch_Dog Park (3400 : Dog Park and Pickleball Update) prepared for the
City of Orinda
prepared on: 6/25/24
prepared by: KO
checked by: DR
Item # Description Qty Unit Cost Item Total Subtotal
A. Project Start-up
1. Bonding and mobilization ALLOW 8.0% $ 45,230.40 $ 45,230.40
2. Construction staking ALLOW 2% $ 10,700.00 $ 10,700.00
3. Traffic control ALLOW LS $ 10,000.00 $ 10,000.00
4. Tree protection ALLOW LS $ 5,000.00 $ 5,000.00
5. Temporary construction fence 585 LF $ 8.00 $ 4,680.00 $ 75,610.00
B. Erosion Control
1. Stabilized construction entrance 1 EA $ 5,000.00 $ 5,000.00
2. Fiber roll 350 LF $ 5.00 $ 1,750.00
3. Stormdrain inlet protection 2 EA $ 500.00 $ 1,000.00
4. Curb & gutter inlet storm drain protection 1 EA $ 500.00 $ 500.00
5. Erosion control maintenance ALLOW LS $ 5,000.00 $ 5,000.00 $ 13,250.00
B. Demolition
1. Clear and grub 10,800 SF $ 1.00 $ 10,800.00
2. Asphalt pavement 350 SF $ 5.00 $ 1,750.00
3. Flush curb 19 LF $ 20.00 $ 380.00
4. Remove striping ALLOW LS $ 1,000.00 $ 1,000.00
$ 13,930.00
C. Earthwork and Grading
1. Rough grading (3' average depth) 1,950 CY $ 60.00 $ 117,000.00
2. Trench drain 130 LF $ 150.00 $ 19,500.00
3. Trench drain in-line catch basin 1 EA $ 2,000.00 $ 2,000.00
4. Biotreatment inflow 1 EA $ 2,000.00 $ 2,000.00
5. Overflow drain 1 EA $ 2,000.00 $ 2,000.00
6. Storm drain line 35 LF $ 70.00 $ 2,450.00
7. Perforated drain line 45 LF $ 50.00 $ 2,250.00
8. Connection to existing storm drain inlet ALLOW LS $ 3,500.00 $ 3,500.00 $ 150,700.00
D. Site Construction
1. Asphalt pavement, court surfacing 8,545 SF $ 12.00 $ 102,540.00
2. Asphalt pavement, vehicular 465 SF $ 15.00 $ 6,975.00
3. Concrete pavement 875 SF $ 25.00 $ 21,875.00
4. Wall, 2.5' avg height 650 FF $ 150.00 $ 97,500.00
5. Flush curb, 6" wide 22 LF $ 40.00 $ 880.00
6. Concrete band, 10" wide 135 LF $ 60.00 $ 8,100.00
7. Chain link fence, 6'-0" tall 385 LF $ 100.00 $ 38,500.00
8. Chain link fence, 4'-0" tall 55 LF $ 80.00 $ 4,400.00
9. Chain link gate, 6'-0" tall 2 EA $ 3,000.00 $ 6,000.00 Concept Estimate
Estimate of Probable Construction Costs
Wilder Pickleball Courts
24022_EST_Pickleball.xlsx
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc. 1 of 3
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Attachment: Estimate of Probable Construction Costs_Pickleball_Concept Estimate (3400 : Dog Park and Pickleball Update) prepared for the
City of Orinda
prepared on: 6/25/24
prepared by: KO
checked by: DR
Item # Description Qty Unit Cost Item Total Subtotal
Concept Estimate
Estimate of Probable Construction Costs
Wilder Pickleball Courts
10. Split rail fence 70 LF $ 120.00 $ 8,400.00
11. Bridge deck with hand rails ALLOW LS $ 25,000.00 $ 25,000.00
13. Parking lot striping ALLOW LS $ 2,000.00 $ 2,000.00 $ 322,170.00
E. Site Furnishings
1. Court striping 4 EA $ 2,000.00 $ 8,000.00
2. Pickleball court net, post, anchor 4 EA $ 4,000.00 $ 16,000.00
3. Wind screen 385 LF $ 20.00 $ 7,700.00
4. Court rules sign 1 EA $ 500.00 $ 500.00
5. Court number sign 4 EA $ 500.00 $ 2,000.00
6. Accessible parking sign 1 EA $ 750.00 $ 750.00
$ 34,950.00
F. Irrigation
1. Shrub bubbler (1 per shrub) 65 EA $ 60.00 $ 3,900.00
2. Remote control valve 1 EA $ 1,000.00 $ 1,000.00
3. Gate valve 1 EA $ 1,000.00 $ 1,000.00
4. Quick coupler valve 1 EA $ 1,000.00 $ 1,000.00
5. Point of connection at Wilder Rd frontage ALLOW LS $ 5,000.00 $ 5,000.00
6. Connect to existing controller ALLOW LS $ 5,000.00 $ 5,000.00 $ 16,900.00
G. Soil Preparation
1. Soil preparation and fine grading 7,300 SF $ 1.50 $ 10,950.00
2. Bioretention soil and drain rock 900 SF $ 30.00 $ 27,000.00 $ 37,950.00
H. Planting
1. Shrubs, 5 gallon 65 EA $ 40.00 $ 2,600.00
2. Bioretention mulch 900 SF $ 1.25 $ 1,125.00
3. Mulch 6,400 SF $ 1.15 $ 7,360.00
$ 11,090.00
I. Landscape Maintenance
1. Landscape Maintenance 3 MO $ 1,500.00 $ 4,500.00
$ 4,500.00
J. Total Estimated Construction Costs $ 681,050.00
K Contingencies
1. Design contingency ALLOW 20% $ 136,210.00 $ 136,210.00
2. Construction contingency ALLOW 10% $ 68,105.00 $ 68,105.00 $ 204,320.00
24022_EST_Pickleball.xlsx
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc. 2 of 3
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Attachment: Estimate of Probable Construction Costs_Pickleball_Concept Estimate (3400 : Dog Park and Pickleball Update) prepared for the
City of Orinda
prepared on: 6/25/24
prepared by: KO
checked by: DR
Item # Description Qty Unit Cost Item Total Subtotal
Concept Estimate
Estimate of Probable Construction Costs
Wilder Pickleball Courts
L. $ 885,370.00
M. Professional Services
1. Design development ALLOW 3% $ 26,561.10 $ 26,561.10
2. Construction documents ALLOW 5% $ 44,268.50 $ 44,268.50
3. Construction administration ALLOW 2% $ 17,707.40 $ 17,707.40 $ 88,540.00
N. $ 973,910.00
TOTAL ESTIMATED CONSTRUCTION COSTS & CONTINGENCIES
The above items, amounts, quantities, and related information are based on Callander Associates' judgment at this level document preparation and is offered only as reference data. Callander Associates Landscape Architecture, Inc. has no control over construction costs and related factors affecting costs, and advises the client that significant variation may occur between this estimate of probable construction costs and actual construction prices.
Based on drawing titled "Sketch - Wilder Pickleball Courts", dated "June 25, 2024"
TOTAL ESTIMATED PROJECT COSTS
24022_EST_Pickleball.xlsx
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Attachment: Estimate of Probable Construction Costs_Pickleball_Concept Estimate (3400 : Dog Park and Pickleball Update) prepared for the
City of Orinda
prepared on: 6/25/24
prepared by: KO
checked by: DR
Item # Description Qty Unit Cost Item Total Subtotal
A. Project Start-up
1. Bonding and mobilization ALLOW 8.0% $ 37,366.80 $ 37,366.80
2. Construction staking ALLOW 2% $ 8,495.00 $ 8,495.00
3. Traffic control ALLOW LS $ 10,000.00 $ 10,000.00
4. Tree protection ALLOW LS $ 10,000.00 $ 10,000.00
5. Temporary construction fence 1,730 LF $ 8.00 $ 13,840.00 $ 79,700.00
B. Erosion Control
1. Stabilized construction entrance 1 EA $ 5,000.00 $ 5,000.00
2. Fiber roll 840 LF $ 5.00 $ 4,200.00
3. Stormdrain inlet protection 2 EA $ 500.00 $ 1,000.00
4. Curb & gutter inlet storm drain protection 1 EA $ 500.00 $ 500.00
5. Erosion control maintenance ALLOW LS $ 10,000.00 $ 10,000.00 $ 20,700.00
B. Demolition
1. Clear and grub 18,750 SF $ 1.00 $ 18,750.00
2. Drinking fountain 1 EA $ 1,000.00 $ 1,000.00
2. Tree removal 1 EA $ 1,000.00 $ 1,000.00
4. Striping ALLOW LS $ 1,000.00 $ 1,000.00
$ 21,750.00
C. Earthwork and Grading
1. Rough grading (3' average depth) 600 CY $ 60.00 $ 36,000.00
2. Miscellaneous drainage infrastructure ALLOW LS $ 10,000.00 $ 10,000.00 $ 46,000.00
D. Site Construction
1. Asphalt pavement 730 SF $ 15.00 $ 10,950.00
2. Concrete pavement 620 SF $ 25.00 $ 15,500.00
3. Ramp walls (2' avg height) 610 FF $ 120.00 $ 73,200.00
4. Ramp handrails 305 LF $ 200.00 $ 61,000.00
5. Ramp concrete pavement 760 SF $ 35.00 $ 26,600.00
6. Retaining curb 95 LF $ 120.00 $ 11,400.00
7. Chain link fence, 5'-0" tall 830 LF $ 80.00 $ 66,400.00
8. Chain link gate, 5'-0" tall, pedestrian 4 EA $ 4,000.00 $ 16,000.00
9. Chain link gate, 5'-0" tall, maintenance 2 EA $ 10,000.00 $ 20,000.00
10. Parking lot striping ALLOW LS $ 5,000.00 $ 5,000.00
11. Pathway retaining curb allowance ALLOW LS $ 20,000.00 $ 20,000.00 $ 326,050.00
Concept Estimate
Estimate of Probable Construction Costs
Orinda Oaks Dog Park
24022_EST_Dog.xlsx
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Attachment: Estimate of Probable Construction Costs_Dog Park_Concept Estimate (3400 : Dog Park and Pickleball Update) prepared for the
City of Orinda
prepared on: 6/25/24
prepared by: KO
checked by: DR
Item # Description Qty Unit Cost Item Total Subtotal
Concept Estimate
Estimate of Probable Construction Costs
Orinda Oaks Dog Park
E. Site Furnishings
1. ADA parking sign 1 EA $ 750.00 $ 750.00
2. Dog park rules sign 4 EA $ 500.00 $ 2,000.00
3. Drinking fountain 1 EA $ 7,500.00 $ 7,500.00
$ 10,250.00
G. Soil Preparation
1. Fine grading 16,900 SF $ 1.00 $ 16,900.00
$ 16,900.00
H. Planting
1. Hydroseed natural native grasses 2,300 SF $ 1.00 $ 2,300.00
2. Mulch 14,600 SF $ 1.15 $ 16,790.00
$ 19,090.00
I. Landscape Maintenance
1. Landscape Maintenance 1 MO $ 1,500.00 $ 1,500.00
$ 1,500.00
J. Total Estimated Construction Costs $ 541,940.00
K Contingencies
1. Design contingency ALLOW 20% $ 108,388.00 $ 108,388.00
2. Construction contingency ALLOW 10% $ 54,194.00 $ 54,194.00 $ 162,580.00
L. $ 704,520.00
M. Professional Services
1. Design development ALLOW 3% $ 21,135.60 $ 21,135.60
2. Construction documents ALLOW 5% $ 35,226.00 $ 35,226.00
3. Construction administration ALLOW 2% $ 14,090.40 $ 14,090.40 $ 70,450.00
N. $ 774,970.00
TOTAL ESTIMATED CONSTRUCTION COSTS & CONTINGENCIES
The above items, amounts, quantities, and related information are based on Callander Associates' judgment at this level document preparation and is offered only as reference data. Callander Associates Landscape Architecture, Inc. has no control over construction costs and related factors affecting costs, and advises the client that significant variation may occur between this estimate of probable construction costs and actual construction prices.
Based on drawing titled "Sketch - Orinda Oaks Dog Park", dated "June 25, 2024"
TOTAL ESTIMATED PROJECT COSTS
24022_EST_Dog.xlsx
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Attachment: Estimate of Probable Construction Costs_Dog Park_Concept Estimate (3400 : Dog Park and Pickleball Update) Wilder Park Pickleball Courts
& Orinda Oaks Dog Park
Preliminary Concepts and Estimates
July 16, 2024
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Attachment: 24022_CouncilWorkshopPresentation_240711 (3400 : Dog Park and Pickleball
WILDER RD
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Attachment: 24022_CouncilWorkshopPresentation_240711 (3400 : Dog Park and Pickleball Wilder Park Pickleball Courts
Preliminary Estimate
$76,000 Project Start-Up
$13,000 Erosion Control
$14,000 Demolition
$151,000 Earthwork and Grading
$357,000 Site Construction / Furnishings
$17,000 Irrigation
$54,000 Soil Preparation, Planting, Landscape Maintenance $204,000 Contingencies
$886,000 Total Estimated Project Cost
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Attachment: 24022_CouncilWorkshopPresentation_240711 (3400 : Dog Park and Pickleball
MORAGA WAY
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Attachment: 24022_CouncilWorkshopPresentation_240711 (3400 : Dog Park and Pickleball Orinda Oaks Dog Park
Preliminary Estimate
$80,000 Project Start-Up
$21,000 Erosion Control
$22,000 Demolition
$46,000 Earthwork and Grading
$336,000 Site Construction / Furnishings
$37,000 Soil Preparation, Planting, Landscape Maintenance $163,000 Contingencies
$705,000 Total Estimated Project Cost
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Attachment: 24022_CouncilWorkshopPresentation_240711 (3400 : Dog Park and Pickleball City Council
Staff Report
Agenda Item: H.2
Date: July 16, 2024
Department: Human Resources
AGENDA TITLE: Approval of an Employment Agreement for the Position of City Manager
RECOMMENDATION:
Adopt Resolution No. 32-24 Authorizing the Employment Agreement for the services of Linda Smith (D'Ambrosio) as City Manager, with employment to begin on October 14, 2024; and authorize the Mayor to sign such Agreement.
BACKGROUND:
David Biggs was appointed City Manager in April 2021. In November 2023 Mr. Biggs notified the Council of his plan to retire from public service and relocate to Southern California to join his family. The City Council promptly initiated a process for identifying and hiring a new City Manager, by working with staff to get a Request for Proposal from executive recruitment firms, for which three proposals were received.
On January 23, 2024, the City Council formed a City Council Ad Hoc Committee of Mayor Gee and Vice Mayor Malkani to interview, retain and work with the selected firm to move the City Manager recruitment process forward. The Ad Hoc Committee retained Bob Murray and Associates, an experienced search firm with extensive knowledge of and contacts in municipal government. Gary Phillips served as the lead recruiter and per Council direction, he conducted targeted outreach to determine the desired attributes and characteristics of the new City Manager. These efforts included interviews with Council members, management staff and key community leaders. The executive search efforts resulted in 46 applicants received by the application deadline of April 14, 2024.
In late April, the Council met with Mr. Phillips and narrowed the large pool of applicants.
The Council then conducted two tiers of interviews, with a first round of interviews taking place in late May and a second round of interviews with finalist candidates on June 18, 2024.
DISCUSSION:
Based on the very thorough process and the results of multiple interviews, the City Council identified Linda Smith, current City Manager of Dublin, as the desired candidate. Ms. Smith has more than 22 years of experience in municipal operations, including the past 15 years with the City of Dublin.
The employment agreement that the City Council is considering tonight to employ Linda Smith for the City Manager position was drafted by the City’s employment legal counsel, Deanna Mouser (Attachment A).
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Key provisions of the agreement are:
• Linda Smith’s employment will begin on October 14, 2024. • Annual salary of $270,004.80 per year with provisions for an annual performance review and City Council consideration of a salary change. • The term of the agreement is through June 30, 2027 with provisions for one-year extensions thereafter.
• Vehicle/Technology/Cell Allowance of $700.00 per month. • Other types of health and welfare and leave benefits available to City Management employees shall also be provided. (See Attachment A for more detailed information).
Government Code section 54953 requires prior to taking final action, there shall be an oral report summarizing the recommendation for a final action on the salaries or compensation paid in the form of fringe benefits to a local agency executive. To comply with this paragraph an oral summary of the report will be presented before the City Council takes action.
FISCAL IMPACT:
There is no impact on the current budget, as the cost of the new agreement is within the current budgeted funds in the City Manager Department. The annualized costs as outlined in the proposed City Manager Employment Agreement include: annual salary of $270,004.80; annual car/technology/cell allowance of $8,400; annual retirement contributions plus Medicare taxes $47,115; annual life insurance and long-term disability estimated at $1,714; and estimated maximum annual cash-in-lieu of medical (opt out of medical coverage), and dental and vision insurance benefits is estimated to be $6,871.92. The total approximate salary and benefits cost is $333,106 annualized.
ATTACHMENTS:
A. Employment Agreement City Manager Linda Smith D'Ambrosio B. Resolution 32-24 City Manager Employment Agreement
Respectfully Submitted by:
Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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EMPLOYMENT AGREEMENT FOR LINDA SMITH D’AMBROSIO 1
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into, with an effective date of October 14, 2024, by and between the City of Orinda (“City”) and Linda Smith D’Ambrosio (“Employee”). This Agreement is authorized by City Council Resolution No. 32-24 after Council passes that Resolution.
RECITALS
WHEREAS, the City desires to employ the services of Linda Smith as City Manager; and
WHEREAS, on July 16, 2024, the City Council will consider approving this Employment Agreement by Resolution 32-24, with employment to begin on the effective date of October 14, 2024; and
WHEREAS, the City desires to provide certain benefits, establish certain conditions of employment, and to set working conditions of Employee; and WHEREAS, the City desires to secure and retain the services of Employee and to provide inducement for Employee to remain in such employment; and WHEREAS, Employee desires to be employed as City Manager of the City of Orinda; and
NOW, THEREFORE, in consideration of the mutual covenants contained in this document, the City and Employee agree as follows:
1. TERM
This Agreement shall be in full force and be effective from the effective date stated in the Agreement’s first paragraph through June 30, 2027, unless terminated earlier by the City or Employee as provided herein. (See Paragraphs 5 and 7). After the initial Term ends on June 30, 2027, Employee and City may agree to two extensions of this Agreement for the next fiscal year, with each extension in an increment of one fiscal year, or as otherwise mutually agreed.
Thereafter, the parties may agree to an extension.
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Attachment: Employment Agreement City Manager Linda Smith D'Ambrosio (3395 : Employment Agreement for City Manager) EMPLOYMENT AGREEMENT FOR LINDA SMITH D’AMBROSIO 2
2. DUTIES
The City agrees to employ Linda Smith as the City Manager of the City of Orinda to perform the functions and duties as currently in effect or as may later be established by ordinance, resolution or action of the City Council. Employee shall comply with applicable law, the City’s Personnel Rules and policies, the International City/County Management Association (ICMA) Code of Ethics, and any other applicable requirements.
3. COMPENSATION AND HOURS
The City agrees to compensate Employee for Employee’s services as City Manager as follows:
A. As of the effective date, Employee’s base salary will be $270,004.80 per year, which will be paid according to the City’s regular payroll periods, policies, and practices, except as modified by the specific terms of the Agreement. The City will review Employee’s salary not later than November 1, 2025 to determine whether a salary adjustment is warranted based on the City’s fiscal position and performance. Employee shall assure that this review item is placed on an open session agenda for Council consideration.
i. It is recognized that Employee must devote a great deal of time to the business of the City outside of the customary office hours, and to that end, the Employee’s schedule of work each day and week shall vary in accordance with the work required to be performed. The parties agree that Employee’s critical leadership duties are best provided onsite and in person during the City’ regular business hours, except when Employee is attending offsite meetings for City business. Employee will perform 80 or more hours of work per two-week pay period, or Employee will otherwise account for at least 80 hours per two-week pay period as non-work time, such as use of general leave or other applicable paid time off category (or if paid time off is not available, as unpaid leave), in compliance with the City’s attendance accounting requirements for hours of absence from work. (29 C.F.R. 541.710). ii. Employee will be exempt from overtime pay because Employee will be paid a salary and will perform exempt services as an exempt executive and/or administrative employee.
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Attachment: Employment Agreement City Manager Linda Smith D'Ambrosio (3395 : Employment Agreement for City Manager) EMPLOYMENT AGREEMENT FOR LINDA SMITH D’AMBROSIO 3
B. Periodically, City Council will set performance objectives for Employee.
Periodically, Employee and City Council shall hold a work plan review or performance review with Employee, and such a review shall occur within the initial fiscal year. Employee shall assure that this review item is placed on the closed session agenda for Council consideration. City Council shall evaluate the effectiveness of Employee, and the parties will review the effectiveness of the Agreement. The parties may mutually agree to use a mutually-selected facilitator, subject to the City’s approval of the expense in the budget.
C. After completing at least one full year of employment, if Employee's performance is satisfactory when reviewed each year, Employee shall timely cause the City Council’s consideration of a salary increase to be placed on the City Council’s regular meeting open session agenda. A salary increase, if any is granted, will be effective on the date Council specifies. The total salary increase to be considered at that time shall not exceed three percent (3%), unless Council determines a higher increase is both fiscally responsible and is warranted in recognition of the City Manager’s accomplishments.
D. The Agreement terminates on June 30, 2027, subject to mutually agreed extensions, or on the effective date of a termination or resignation, whichever is earliest. (See Paragraphs 5 and 7). There is no automatic increase in the level of compensation, so the Agreement complies with Cal. Gov't Code § 3511.2(a).
4. BENEFITS
In addition to the compensation set forth in Section 3 of this Agreement, Employee shall receive benefits which are required by applicable law, including unemployment benefits and workers’ compensation, or to which Employee is entitled under City policies (except as expressly modified in this Agreement), including the following benefits:
A. General Leave.
Employee shall receive general leave annually of about 27.5 eight-hour days or 220 hours (which is 8.46 hours accrued per pay period for 26 payroll periods). i. Accrued general leave may be used for vacation or for sick leave. Up to 40 hours per year of accrued general leave may be used for the purposes for which Paid Sick Leave (PSL) is allowed to be used under the California Healthy Workplaces, Healthy Families Act of 2014. PSL may be used for the H.2.a
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diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member. The definition of “family member” is broad and includes, for instance, children, parents, parents-in-law, spouses, registered domestic partners, grandparents, grandchildren, siblings, and a designated person, which under the PSL law means a person Employee identifies at the time Employee requests to use PSL. As authorized by law, the City limits Employee to one designated person per 12-month period of PSL. PSL may also be used by victims of domestic violence,sexual assault, orstalking.
ii. General Leave is accrued throughout the year based on time worked, as described above in 4.A. of this Agreement, and will not accrue during any period of an unpaid leave of absence of a week or more. iii. When Employee takes a full day off, Employee will be paid 9 hours typically from Employee’s accrued general leave account, unless the full day off is an 8-hour day under the 9/80 schedule. The number of paid hours and the number of hours of general leave used are based on the hours that would have otherwise been worked on the day taken off based on the 9/80 Work Schedule for employees.
iv. Employee’s use of general leave for vacation, if two or more workdays off, will be scheduled with at least two weeks’ prior notice to Council, and Employee will make every reasonable effort to schedule vacation at a time when there is no regularly scheduled Council meeting. If Employee will miss a regularly scheduled Council meeting because of vacation, Employee will obtain the Mayor’s prior approval before scheduling that vacation. Such approval will not be unreasonably withheld. For missed Council meetings, Employee will name an Acting City Manager and prepare staff to cover the meeting.
v. After completing at least one full year of employment, once during each fiscal year, if Employee has accrued more than 240 hours of general leave, Employee may elect to cash out a maximum of 120 hours of accrued general leave. A balance of no less than 160 hours must remain after cash out.
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Attachment: Employment Agreement City Manager Linda Smith D'Ambrosio (3395 : Employment Agreement for City Manager) EMPLOYMENT AGREEMENT FOR LINDA SMITH D’AMBROSIO 5
vi. Upon termination, including death, Employee or Employee’s estate shall be paid for all accrued unused general leave at the Employee’s base rate at the time of termination.
B. Holidays. The City observes the following holidays and will provide Employee time off with pay for each holiday based on the hours that would have otherwise been worked on the day of the holiday based on the 9/80 Work Schedule for employees, unless otherwise provided in this Agreement.
Holiday Day Observed
New Years Day January 1
MLK Jr. Birthday Third Monday in January
President’s Day Third Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Veterans' Day November 11
Thanksgiving Day Fourth Thursday in November
The Day After Thanksgiving Fourth Friday in November
Christmas Eve (1/2 day or 4 hours) December 24
Christmas December 25
If the observed holiday falls on a Saturday, the City shall observe it on the Friday immediately preceding the holiday. If the observed holiday falls on a Sunday, the City shall observe it on the Monday immediately following the holiday. If the observed holiday falls on (or is observed on what would be) an “off-Friday” or if Christmas Eve and/or Christmas falls on a weekend day, the City will determine the dates of observing each holiday. For FY 25-26 and after, Employee also shall be granted two floating holidays for each full fiscal year of work of up to 9 hours (based on the hours that would have otherwise been worked on the day the holiday is taken based on the 9/80 Work Schedule.) For a partial fiscal year worked in FY 24-25, per City policy, Employee shall be granted one floating holiday of up to 9 hours (based on the hours that would have otherwise been worked on the day the holiday is taken based on the 9/80 Work Schedule.) If an observed City holiday occurs while Employee is taking general leave, no deduction from such accrued leave will be made for the holiday period.
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Attachment: Employment Agreement City Manager Linda Smith D'Ambrosio (3395 : Employment Agreement for City Manager) EMPLOYMENT AGREEMENT FOR LINDA SMITH D’AMBROSIO 6
C. Bereavement Leave. If Employee experiences a death of a family member, Employee may take up to 5 working days of bereavement leave, with 3 paid working days of up to 9 hours each day (based on the hours that would have otherwise been worked on the day the leave is taken based on the 9/80 Work Schedule). The remaining two days, if taken, are unpaid. If Employee takes the unpaid fourth and fifth day, Employee may use accrued general leave, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to Employee. A family member is defined by law in Government Code section 12945.2 as a spouse, child (which means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis), parent (which means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child), sibling (which means a person related to another person by blood, adoption, or affinity through a common legal or biological parent), grandparent (which means a parent of the employee's parent), grandchild (which means a child of the employee's child), domestic partner (defined in Family Code 297), or parent-inlaw (which means the parent of a spouse or domestic partner).
D. Jury Duty & Subpoena Leave. If Employee is called or required to serve as a juror, Employee shall be entitled to be absent with pay (based on the hours that would have otherwise been worked on the day based on the 9/80 Work Schedule) from Employee’s duties with the City during the period of such service and while necessarily being present in court as a result of such call. Employee is required to be present at work when not serving as a juror or as a member of a jury selection panel. Employee must surrender to the City any payment received for jury service, excluding mileage reimbursement. If Employee is called to testify pursuant to a subpoena in litigation not involving the City, Employee may use accrued general leave during that time. If Employee is subpoenaed for litigation involving the City, leave with pay will be given.
E. Group Medical/Dental/Vision Insurance Benefits. Employee has agreed to waive medical insurance benefits and chosen to receive the cash-in-lieu of benefits provided by City policy if Employee waives medical insurance coverage and H.2.a
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meets the requirements for the cash-in-lieu payment. Employee will provide documentation of other coverage and complete and provide to the HR Manager any City-required forms to waive medical benefits and receive the cash-in-lieu payment. Employee may participate in the City’s group dental and vision benefits with the City that are available to Employee. The City will pay 100% of the premium for dental and vision plans for Employee and eligible dependents, including a domestic partner, with rate increases up to 10% annually. If Employee is required to partially pay premiums, Employee shall be allowed to make these payments with pre-tax deductions. The dental benefit coverage for dependent children extends to the date of their 26th birthday, providing they meet the Internal Revenue Service definition of “dependent”. If Employee chooses to complete and submit an Affidavit of Domestic Partnership and sign up for dental benefits for a domestic partner, Employee shall be subject to federal and state income tax withholding on the imputed income (City’s contribution toward the domestic partner’s benefits) if the domestic partner is not a dependent as defined by the IRS. Upon termination of Employee’s employment, to the extent allowed by COBRA, Employee and dependents may remain in the same City group dental and/or vision plan for the time allowed under COBRA if immediately before Employee’s separation, each is an active subscriber. Under COBRA, Employee pays the full premium costs. Details are available from the Human Resources Manager.
F. Retirement Plan. The City will make annual contributions to the International City Management Association Retirement Corporation (ICMA-RC) Money Purchase Plan (401(a)) in the amount of 13% of Employee’s base salary identified in 3.A. of the Agreement. Additionally, if Employee contributes 3% of Employee’s base salary identified in 3.A. of the Agreement to this 401(a) plan, the City shall contribute a 3% match. Employee may contribute more than 3% to this 401(a) plan, up to a maximum of 10% of Employee’s base salary, if elected within the plan’s time requirement when hired. Employee is also eligible to participate in the City’s Deferred Compensation Plan (457) through voluntary payroll deductions from Employee's salary. Employee may contribute, by payroll deduction, an amount up to the maximum allowed by law.
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G. Flexible Benefits Plan. Employee may participate in the City’s standard flexible benefits plan, a full description of which is available from the Human Resources Manager.
H. Vehicle, Technology/Cell, and Work from Home Allowance. Employee shall receive an allowance of $700.00 per month for use of Employee’s personal vehicle, technology/cell phone, and working from home. This allowance covers the use of Employee’s vehicle for City business, any incidental use of Employee’s personal cell phone or technology, and any incidental use of items if Employee works from home for part of certain days. Employee will work onsite at the City on each work day, but may perform work from home during extended hours as necessary to complete job duties.
I. Administrative Leave. Employee receives administrative leave of 80 hours each fiscal year starting in FY 25-26. Per City policy for a start of employment after July 1, for FY 24-25, Employee receives 40 hours administrative leave.
J. Professional Development Costs. The City shall pay standard professional development costs and membership fees for Employee, such as ICMA dues, and all other non-personal, job-related expenses such as professional dues and subscriptions, official travel, meetings, or conferences subject to the adopted budget and consistent with the City's requirements and policies.
K. Disability Insurance. The City shall provide and pay for coverage for Employee under its standard long-term disability insurance, a full description of which is available from the Human Resources Manager.
L. Accidental Death and Dismemberment Insurance. The City shall provide and pay for coverage for Employee under its standard accidental death and dismemberment insurance, a full description of which is available from the Human Resources Manager.
M. Life Insurance. The City shall provide and pay for life insurance for Employee in the same amount and program as received by other employees, which is currently a life insurance benefit in the amount of each employee’s annual salary, up to a maximum of $150,000.00, if that program is available to add Employee, or if not available, at least in the amount of one hundred thousand dollars ($100,000.00).
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N. Technical Equipment. The City shall provide necessary technical equipment as Employee and the City reasonably deem appropriate.
5. TERMINATION BY CITY
The Agreement is for employment at will. Without cause and without stating a reason, the City may terminate the Agreement with two weeks' advance written notice to Employee with the termination effective two weeks after the notice, unless the parties otherwise agree to a shorter notice period and effective date. The City may pay two weeks’ salary in lieu of having Employee work the two-week notice period, in which case the termination may be made effective on the date of the notice.
Notwithstanding the at-will employment relationship, Employee cannot be terminated during the 90-day period before an election in which a new City Councilmember candidate is running and cannot be terminated during the 90-day period after an election in which a nonincumbent City Councilmember has been elected, unless the City Council votes to terminate by at least a 4/5ths vote or unless the City Council votes to terminate for cause by a 3/5ths vote.
Cause shall include a violation of law applicable to a city employee, any violation of the ICMA Code of Ethics, and any ground for disciplinary action in the Personnel Rules (currently stated in Section 9.2).
6. SEPARATION, ACCRUED LEAVE, AND SEVERANCE
If Employee’s employment is ended, City shall compensate Employee for all accrued but unused general leave.
If Employee’s employment is terminated without cause during the first year of employment, the City will not offer a severance package.
If Employee’s employment is terminated without cause after the first full year of employment, the City will offer a severance package, which will be three months’ salary, if Employee signs and agrees to be bound by a written general release agreeing not to sue and waiving claims and recovery against the City and all City representatives and agents.
After the first full year of employment, if Employee’s employment is terminated without cause, the severance will be increased by one (1) month's salary for each additional full year of work completed (e.g. four months’ salary after two full years of employment), up to a maximum of six (6) months’ salary, if Employee signs and agrees to be bound by a written general release H.2.a
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agreeing not to sue and waiving claims and recovery against the City and all City representatives and agents.
Under no circumstances shall the maximum cash settlement and any non-cash benefit provided to Employee exceed the statutory maximum amounts set forth in Government Code Sections 53260 and 53261 or other law.
7. RESIGNATION BY EMPLOYEE
In the event that Employee voluntarily resigns Employee’s position with the City, Employee shall give the City two months’ written notice in advance, if feasible, with the resignation effective two months thereafter, unless the parties otherwise agree to a shorter or longer notice period and effective date.
If Employee becomes disabled and is unable to perform all essential job duties after reasonable accommodation, Employee agrees Employee will be placed on an unpaid leave of absence (but Employee can use available paid leave) for up to a maximum of six (6) months to allow Employee time to recover and to resume all essential job duties. If Employee is not able to resume, with or without reasonable accommodation, all essential job duties after this leave of absence, Employee agrees that due to the highly unique skill sets required for City Manager, it would be an undue hardship for the City to further extend the leave of absence or otherwise accommodate, and Employee agrees that Employee’s inability to perform all essential job duties after the six (6) month leave of absence constitutes a resignation of Employee’s employment, and the HR Manager will process Employee’s resignation.
8. INDEMNIFICATION
Beyond that required under federal, state or local law, City shall defend, save harmless and indemnify Employee against any third party tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of employment and in the performance of Employee’s duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, except if the act or omission involved willful or wanton misconduct, actual fraud, corruption or actual malice, and/or except if applicable law prohibits the save harmless and indemnification. These exceptions apply to all paragraphs in this Section 8.
Employee may request and the City shall not unreasonably refuse to provide independent legal representation at City’s expense if independent legal counsel for Employee is required H.2.a
Packet Pg. 103 Attachment: Employment Agreement City Manager Linda Smith D'Ambrosio (3395 : Employment Agreement for City Manager) EMPLOYMENT AGREEMENT FOR LINDA SMITH D’AMBROSIO 11
under applicable law. Legal representation selected by City and provided by City for Employee shall extend until a final determination of the legal action, including any appeals brought by any party.
The City shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including but not limited to attorneys’ fees, and any other liabilities incurred by, imposed upon, or suffered by Employee in connection with or resulting from any claim, action, suit, or other proceedings, actual or threatened, arising out of or in connection with the performance of Employee’s duties which the City is required to defend under the previous paragraphs. Any settlement of any claim requires prior approval of City in order for indemnification, as provided in this Section, to be available.
Further, City agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation that the City is required to defend under the previous paragraphs.
Such expense payments shall continue beyond Employee’s service to City as long as litigation is pending.
Further, City agrees to pay Employee reasonable consulting fees not to exceed the Employee’s last salary rate calculated as a per-hour rate (based on dividing the last weekly salary by 40 hours) and travel expenses when, during a period when Employee is no longer employed by City, Employee serves as a witness, advisor or consultant to City regarding pending litigation.
9. BOND
The City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.
10. GENERAL PROVISIONS
A. This Agreement shall constitute the entire Agreement between the parties, and this Agreement supersedes all prior agreements, documents, understandings, and discussions between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the successors in interest of Employee, including but not limited to heirs, devisees, assigns, fiduciaries and personal representatives of Employee.
C. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in H.2.a
Packet Pg. 104 Attachment: Employment Agreement City Manager Linda Smith D'Ambrosio (3395 : Employment Agreement for City Manager) EMPLOYMENT AGREEMENT FOR LINDA SMITH D’AMBROSIO 12
full force and effect as if they were executed by both parties subsequent to the expungement or judicial modification of the invalid provision.
D. This Agreement shall be construed in accordance with the laws of the State of California, and the parties agree that venue shall be in Contra Costa County, California.
E. Some sections of this Agreement are intended, by their terms, to survive termination of Employee’s employment with the City. Those sections shall survive termination of employment and/or this Agreement.
F. This Agreement may be amended from time to time by mutual written agreement of the parties. This Agreement cannot be modified by the parties except in a writing that is signed by both parties and that is approved by City Council.
G. Employee shall be subject to and comply with all federal, state and local laws regarding conflicts of interest.
H. All documents provided to Employee by the City and all reports and supporting data prepared by Employee for the City are the sole property of the City and shall be delivered to the City upon termination of this Agreement or at the City’s written request. All confidential reports, information, exhibits and data, including but not limited to electronic data, prepared or assembled by Employee while Employee serves as City Manager are confidential until released by the City to the public, and Employee shall not make any of these unreleased documents or information available to any individual or organization, other than the City Attorney without prior written consent signed by the City Council.
I. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. The parties agree that ambiguities concerning matters addressed in this Agreement should be resolved in a manner consistent with the City Council’s approved Manual governing the employment of mid-managers and directors, to the extent those provisions are not inconsistent with this Agreement.
AUTHORIZED SIGNATURES:
___________________________ ________________________
Darlene Gee, Mayor Linda Smith D’Ambrosio, Employee
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Packet Pg. 105 Attachment: Employment Agreement City Manager Linda Smith D'Ambrosio (3395 : Employment Agreement for City Manager)
EMPLOYMENT AGREEMENT FOR LINDA SMITH
D’AMBROSIO 13
City of Orinda
ATTEST:
__________________________
Sheri Marie Smith
City Clerk
APPROVED AS TO FORM:
__________________________
Deanna Mouser
Employment Counsel for City
H.2.a
Packet Pg. 106 Attachment: Employment Agreement City Manager Linda Smith D'Ambrosio (3395 : Employment Agreement for City Manager)
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Establishing an Employment )
Agreement for the Position of ) Resolution 32-24
City Manager )
WHEREAS, the City of Orinda retained the Executive Search firm of Bob Murray & Associates to assist in the recruitment for a new City Manager; and WHEREAS, the Executive Search firm included interviews with key stakeholders to develop a profile identifying key desired characteristics for the next City Manager; and WHEREAS, more than 46 applications were screened by the Executive Search firm in April 2024; and
WHEREAS, subsequent to the screening, the City Council conducted interviews of selected applicants on May 20 and 21, 2024, and identified finalists who participated in a second interview with Council members on June 18, 2024; and WHEREAS, the City Council is considering an employment contract with Linda Smith D’Ambrosio for the City Manager position; and
WHEREAS, Linda Smith D’Ambrosio has expressed an interest in the position of City Manager.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby authorize the Mayor to execute the attached Employment Agreement with Linda Smith D’Ambrosio for employment as City Manager of Orinda beginning October 14, 2024.
ADOPTED by the City Council of the City of Orinda at a regular meeting of the Council held on July 16, 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Darlene Gee, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
H.2.b
Packet Pg. 107 Attachment: Resolution 32-24 City Manager Employment Agreement (3395 : Employment Agreement for City Manager) City Council
Staff Report
Agenda Item: H.3
Date: July 16, 2024
Department: Administration
AGENDA TITLE: Consideration of Possible Completion of Comprehensive Mapping of City Public and Private Storm Drain
RECOMMENDATION:
Council Infrastructure Committee Recommendation to Direct Staff to Develop a Scope of Work and Solicit Proposals to Map the Entirety of the Public and Private Storm Drain System.
BACKGROUND: Consistent with the Council Infrastructure Committee’s Initial Work Program, on July 25, 2024, the Committee considered one of the possible tasks identified in the work program to map the entirety of the Public and Private Storm Drain System.
At the time of a recent grant application staff had estimated the cost of these professional services at $535,000. Receiving and evaluating consultant proposals to do this work will give an actual cost. Requesting and reviewing proposals will not commit the city to undertake any work. Implementation of the mapping will require a future agenda item for the Council to determine if they want to accept the highest rated proposal and move forward.
By way of background, City staff has completed, over time, a very comprehensive map of public storms drains. The public portion of the system is updated regularly as work is done. Staff believes that there is benefit in having the entirely of the storm drain system mapped, and in the past, that was in progress via a number of means. For a period of time, the work was done as time permitted by a GIS position which was shared between Lafayette, Moraga, and Orinda. Unfortunately, that position was eliminated at the time of the COVID pandemic. Part-time Engineering Interns have also been engaged on occasion with mapping.
While some updates regarding the private storm drain system are mapped as the City does work on adjacent public storms drains, a more complete map would assist Public Works in preparing for storms, assessing repair needs and demands on the public portions of the system, and responding in emergencies.
Staff estimates that there are nearly 17 miles of private storm drainpipes in Orinda, many of which interconnect with the public stormwater drainage. Understanding the complete interconnected system and identifying any concerns before problems arise provides a better approach to risk management for the city. Drainage failures within the private piping could easily cause significant property damage to both public facilities and residents, and ultimately result in significant unplanned costs to the city.
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Hence, City staff has applied in the past to fund such an effort via the State’s Local Hazards Mitigations Grant program. A copy of the brief description of the scope of such an effort and as used in assessing grant opportunities is provided as Attachment 1.
This was the background information also shared with the Council’s Infrastructure Committee.
NEXT STEPS: Should the Council direct staff as recommended by the Infrastructure Committee to initiate this mapping project, a Request for Qualifications would be prepared with a more defined scope of work. Responses would be evaluated, and a firm selected to undertake the work, at which time a contract would have to be brought back for City Council approval, and at which time, the Council would need to appropriate funding for the effort.
FISCAL IMPACT: Measure R has been identified as the funding source most appropriate for this mapping project given that roads and storm drains are one of the focus areas for use of Measure R funding. There is sufficient fund balance available to allow for this appropriation.
ATTACHMENTS:
A. LHMG Scope Description
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
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Description excerpt for CalOES Hazards Mitigation Grant Program The project would be to accurately map the estimated 17 miles of stormdrain pipes that traverse private property. It is estimated that there are approximately 1,800 pipe segments. Many of these pipes interconnect with public storm drain pipes and if such private pipes fail or get plugged, the general public can be impacted. The city has limited information on these pipes in terms of location, length, diameter, material and condition. The first step would be to locate pipes in the field with GPS and determine diameter and material of construction. This would require obtaining property owner permission to enter. The next step would be to incorporate or update such info into the city GIS map. This effort would cost around $500,000. Here is the approximate breakdown:
Field work: 1,800 segments x 1.5 hours x 1 technician x $150= $400,000 Office work: 1,800 segments x 0.5 hours x 1 technician x $150= $135,000 Final optional steps, that would require additional funding, would be to CCTV the pipes to assess their condition, and possibly perform hydraulic analyses.
H.3.a
Packet Pg. 110 Attachment: LHMG Scope Description (3399 : Consideration of Possible Completion of Comprehensive Mapping of City Public and Private City Council
Staff Report
Agenda Item: H.4
Date: July 16, 2024
Department: Administration
AGENDA TITLE: Consideration of Possible Pavement Management Assessment of Private Roads
RECOMMENDATION:
Council Infrastructure Committee Recommendation to Appropriate $30,000 from Measure R to Fund and Undertake a Pavement Management Technical Assessment of Private Roads following the same criteria and methodology used in the MTC Pavement Management Technical Assistance Program (P-TAP).
BACKGROUND: Consistent with the Council Infrastructure Committee’s Initial Work Program, on July 25, 2024, the Committee considered one of the possible tasks identified in the work program to gather data on the condition of private roads in a manner consistent with the biannual assessment undertaken of public roads with the Metropolitan Transportation Commission’s (MTC) funded Pavement Management Technical Assistance Program (P-TAP) methodology.
The timing of this opportunity is as result of the bi-annual regional P-TAP assessment process now underway for 2025. As such, City staff was able to secure a proposal from the firm undertaking the Orinda 2025 Public Roads assessment to also undertake an assessment of the private roads utilizing the same methodology. The proposal is attached (Attachment 1). The data gathered via this assessment will then be processed via the companion Streetsaver tool which rates the condition of the streets and can be used to identify what level of treatment or repair is recommended to extend the life of the street and enhance the Pavement Condition Index (PCI).
In considering the desirability to proceed with such an assessment, the Council Committee discussed a variety of public benefits of proceeding with the PTAP/Streetsaver process for private roads, and these include:
• The City having an overall understanding of the totality of the infrastructure system to facilitate long-term planning and service provision • Private roads are used by the general public in many instances • Private roads oft intersect public roads, and their condition may impact the approach to the design, scope, and scale of public road maintenance • Knowing the condition of private roads may assist in evacuation planning and emergency response
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• Utility infrastructure uses private roads and knowing the condition may be of assistance to service planning and coordinating utility work • Private roads subject to slops instability may have impacts to the public system, hinder evacuations, and disrupt utilities.
NEXT STEPS: Should the Council agree with the recommendation of the Infrastructure Committee, staff will enter into a contract with Harris & Associates and the pavement assessment will commence immediately thereafter with the assessment completed in the late fall.
FISCAL IMPACT: Measure R has been identified as the funding source most appropriate for this initiative given that roads and storm drains are one of the focus areas for use of Measure R funding. There is sufficient fund balance available to allow for this appropriation.
ATTACHMENTS:
A. Proposal For PMP Assessment of Private Roads
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
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2024-2025 PMP – ADDITIONAL
SCOPE
City of Orinda
June 21, 2024
H.4.a
Packet Pg. 113 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 1 of 9 June 21, 2024
Siva Natarajan PE
City Engineer
City of Orinda
22 Orinda Way
Orinda, CA 94563
SUBJECT: 2024-2025 PAVEMENT MANAGEMENT PROGRAM UPDATE - ADDITIONAL SCOPE Dear Mr. Natarajan,
Harris & Associates is excited to propose an update to the City of Orinda’s Pavement Management Program (PMP) as part of our ongoing PTAP-25 contract with MTC. The current mandate focuses on enhancing the PMP for approximately 93 centerline miles of city streets. Additionally, in response to strong interest from the community and the City's request, we propose to expand our scope to include roughly 31 centerline miles of privately maintained streets into the City’s StreetSaver program.
This extension aims to support the collection of quantitative data on the condition of private roads and will be funded by the agency.
As part of this expanded project, our team will integrate the additional private streets into the StreetSaver Database, update the GIS modules, conduct comprehensive pavement condition surveys, compute the Pavement Condition Index (PCI), and deliver customized program recommendations. We will ensure that all data concerning private streets is effectively integrated and categorized as “private” within the StreetSaver system to support detailed scenario analysis and management decisions. This proposal is structured to run concurrently with the ongoing PTAP project, optimizing both cost efficiencies and project timelines.
With a strong track record in PMP implementations, Harris & Associates is uniquely qualified to undertake this system update.
Our experienced team is prepared to initiate this project upon your authorization.
We appreciate the opportunity to work with the City of Orinda on this important endeavor and are committed to this project's successful and timely completion. Should you have any questions or need further information, please feel free to contact me at 510-585-7587 or via email at [email protected].
Sincerely,
Harris & Associates, Inc.
Vijay Pulijal, P.E., PMP Mark Nassar, P.E.
Infrastructure Asset Management Lead Vice President
Program Management & Construction Management
H.4.a
Packet Pg. 114 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 2 of 9
PROJECT TEAM
Our team of seasoned professionals has the unique ability to tackle this project, achieve the Agency’s goals and objectives, and complete the project within the desired timeframe. Principal-in-Charge Mark Nassar, PE. Mark has 32 years of experience in infrastructure operations, planning, design, and construction in public vertical and horizontal asset types.
Vijay Pulijal, PE, PMP will serve as the project manager and will oversee this project. Vijay has over 20 years of experience in asset management application, inspections, and analysis of asphalt pavements. He has managed over 180 Pavement Management Program (PMP) projects, and has experience working on various asset management applications including StreetSaver® online, desktop, and v7.5, CarteGraph, and MicroPAVER®. As one of MTC’s preferred consultants, he is actively involved with the StreetSaver® software development team and has been recognized as a Power User by MTC. Harris has not missed a scheduled commitment in the 18 years Vijay has been managing PMP projects. He was selected to lead this effort due to his extensive pavement management experience and his ability to lead projects to on-time completion.
Marissa Baclig will serve as the assistant project manager and primary point of contact for the project. Marissa will be in charge of executing the project plan, ensuring that the project is completed within the given timeline and budget, and coordinating with the Agency and field inspectors. With over 13 years of experience in all phases and aspects of the PMP update, including expertise in pavement management systems like StreetSaver® Version 9.0, she is a certified MTC pavement inspector. Marissa has previously conducted field pavement condition surveys, data entry, and budget analysis for over 100 agencies while working at Harris. She has also played an active role in 14 rounds of MTC P-TAP projects to date, providing training for clients and sub-consultants. She was selected for her role in this project due to her extensive experience working on StreetSaver® projects and will serve as the project lead.
Harris has a team of MTC-certified crew of experienced pavement and asset inspectors who are trained to assist with GIS applications, software operation, budget analysis, and report generation. This cross-training improves the quality of our results because our team is continuously involved from beginning to end.
Paul Muse is an MTC-certified and OCTA-certified Pavement Inspector. He is well-versed in the pavement management program StreetSaver® Online Version 9.0 and also specializes in GIS segmentation/linkage using ArcGIS software. To date, Paul has provided pavement condition surveys and GIS segmentation services for approximately 70 public agencies throughout California. He also specializes in field training Agency staff, performing quality control, and PMP-GIS linkage, and is a Streetsaver® program specialist in creating PCI and work plan maps for various spending strategies as part of the PMP updates Paul was selected for his role in this project due to his vast experience as a certified trained inspector by MTC.
Matt Dornbach will serve as one of the field technicians for this PMP update. He will perform field condition surveying and inspection of the existing pavement structures. He was selected for his role in this project due to his experience as one of the PMP field specialists.
H.4.a
Packet Pg. 115 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 3 of 9 Mark Nassar, PE
PRINCIPAL IN CHARGE
• Oversee the project from beginning to end.
• Develop project scope, timeline, and budget plan.
• Provide status updates, meetings, monitor progress, and manage budgets.
• Conduct quality assurance/quality control inspections. • Update decision trees and develop mitigation strategies. • Review the Quality Management Report, budget
analysis, and draft/final reports.
Vijay Pulijal, PE, PMP
PROJECT MANAGER
Marissa Baclig
ASST. PROJECT MANAGER
• Primary point of contact.
• Regularly provide project status updates, hold
meetings, monitor progress, and manage budgets.
• Agency’s PMP Database Audit/Update.
• Review and update StreetSaver® program inventory
• Update & enter maintenance and rehabilitation (M&R)
history.
• Data Entry & PCI calculations (based on inspections and maintenance)
• Quality Management Report (QMR)
• Decision tree updates & mitigation strategies
• Plan and develop street list for future projects
• Budget analysis, draft report
• Draft & final report generation
• Train Agency staff (StreetSaver®)
•
Paul Muse
SR. ASSET MANAGMENT
TECHNICIAN
• Pavement distress surveys
• Data entry & PCI calculations (based on inspections and maintenance)
• GIS toolbox, generating PCI map and work plan map
Matt Dornbach
ASSET MANAGMENT
TECHNICIAN
• Perform Pavement Inspections and Quality Control
• Data Entry, PCI Calculations (Based on Inspections and Maintenance)
• Assign resources to carry out the project tasks
efficiently.
• Guarantee the project is executed effectively and that the client is fully satisfied with the outcome.
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Packet Pg. 116 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 4 of 9
ORGANIZATION CHART
City of Orinda
Project Manager
Vijay Pulijal, PE, PMP
Principal-in-Charge
Mark Nassar, PE
Asset Management
Technicians
Paul Muse
Matt Dornbach
Assistant Project Manager
Marissa Baclig
H.4.a
Packet Pg. 117 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 5 of 9
SCOPE OF SERVICES
TASK 1—PROJECT ADMINISTRATION
Task 1.1—Kick-Off Meeting
Harris will hold a kick-off meeting with the City to establish project guidelines and standards for services, deliverables, and administration. Harris will work with City representatives to confirm the additional scope of work in conjunction with the PTAP-25 update and review past maintenance records for accuracy. The team will also discuss pavement maintenance procedures, schedule, budget, and project documents; review project goals and the quality control plan; and clarify the responsibilities of all parties. The purpose of this meeting is to ensure that all parties have a clear understanding of the project scope and the City’s specific needs before work commences.
Task 1.1 Deliverables:
• Meeting notes (via email) with lists of responsibilities as detailed during meeting Task 1.2—Project Updates
Harris will submit project update reports and communicate with City’s project manager as needed to facilitate the project.
Task 1.2 Deliverables:
• Project Update Reports. (Via e-mail)
TASK 2— DATABASE UPDATE & GIS UPDATE
Task 2.1— Database Updates
As part of this project, we will add the additional mileage of private streets (approximately 31 centerline miles) to the StreetSaver Database. All new street data will be integrated and categorized within the StreetSaver program as “private” to gather quantitative data on the condition of private roads. This comprehensive data preparation is crucial for the upcoming field surveys, where inspection sheets will be generated for the field crew. The identified sections and attributes will be verified, modified, and updated based on the observations and data collected during the field distress surveys.
Task 2.2— GIS Updates
Harris will review a shapefile for the PMP from the City’s GIS street centerline shapefile that has been previously uploaded into the StreetSaver program. The shapefile will be reviewed and segmented to verify it matches with the new and existing street section definitions from the City’s PMP. The segmentation will be accomplished before the completion of inspections and before generating the analysis. The shapefile will be fully segmented to match the street segments from the PMP database. Harris will generate a PCI map and a five-year schedule of recommended treatments map that will highlight street improvements by year.
TASK 3— PAVEMENT INSPECTIONS & QC
Task 3.1— Pavement Distress Surveys
Harris will perform manual pavement distress surveys on approximately 31 additional centerline miles of the City’s private streets to gather quantitative data on their condition, in conjunction with the 93 centerline miles of existing streets following the latest MTC Pavement Distress Manuals (AC 4th Editions, PCC 3rd Edition, June 2016). Harris' surveyors are certified by MTC and are competent in conducting accurate inspections using the PMP distress survey method. Stanford’s StreetSaver database will be reviewed, ensuring that the existing street sections and GIS segmentation is updated and accurate.
H.4.a
Packet Pg. 118 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 6 of 9 Before conducting pavement surveys, Harris PM will create a street survey list using the City's StreetSaver® database, specifying the parameters to be surveyed. This will enable the pavement inspectors to easily and quickly verify street information, including name, limits, segment ID, length, width, surface type, functional classification, lanes, surface condition, distress, and pavement condition index (PCI) during the survey process.
Harris inspectors will assess flexible pavements for 8 distresses, including but not limited to alligator cracking, block cracking, distortions, longitudinal and transverse cracking, patching, rutting, weathering, and raveling. Rigid pavements will be inspected for 7 distresses, such as corner break, divided slab, faulting, linear cracking, patching, scaling, and spalling.
The inspectors will record distress, severity, and quantity data for a 10% representative sample of each management segment, after reviewing 100% of the segment to determine the most representative sample. The inspectors will also make notes on sections as necessary and submit these to the City upon completing the surveys, ensuring the most current pavement condition data and accurate budget projections.
Task 3.2— Quality Control Checks (QC Field Inspection)
Quality control checks are critical on a project such as this when a large amount of data needs to be collected and processed.
We include a superior QC module in all our projects. We include a superior QC module in all our projects. As part of the process, Harris PM will:
• Review field procedures and make changes as needed, after discussion with the City. • Make sure the field crew has all the equipment required for inspections. • Carry out a series of tests on the inspection data to further check accuracy, quality, missing inspections, modifications, splits, and additions.
• Oversee (as part of field QC) 5% of re-inspections of the total inspection mileage. This will be performed by someone other than the main inspector and will be in addition to 100% of the field distress surveys.
This step assures that pavement inspections are accurate, and that methodology is consistent between inspection crews.
Task 3.3—Enter Maintenance & Rehabilitation Data
The historical treatment (overlays, reconstructions, and surface seals) data is extremely useful for determining future treatments and predicting the performance of various pavement sections. Therefore, collecting and entering this information is highly recommended. Harris will input the slurry and rehab projects, as well as other treatments received since the last PMP update performed in 2022 if not entered already, into the City’s StreetSaver® program. Data on these segments must be provided by the City in the form of treatment maps or pavement segment lists detailing the treatment type, date, and limits. This task will provide the City with updated maintenance data in the StreetSaver® program for future use.
Task 2.3 Deliverables:
• Applied maintenance treatment report.
Task 3.4—PCI Calculation & QC Checks (QC PMP Database)
PCI’s will be calculated for each street segment and for the entire network based on field inspections and the recent maintenance update.
Upon completion of the data entry, a condition report will be generated showing each street section and its current PCI.
Harris will also compare the latest PCI data to recent maintenance data and previous updated PCI data, if available. As-needed additional field checks will be performed on the segments with a considerable PCI shift (-ve or +ve). Based on the follow-up field review, Harris PM will notify the City of any abnormalities and, if needed, will request for additional maintenance data to be updated in the StreetSaver® database. These additional field checks will be documented in a QC log where the actions taken to correct or justify the considerable PCI shift will be explained. Harris PM will send a QA/QC report summarizing the QA/QC methodology, results, corrections made, and any field notes or pictures taken in the field to the City. A post-survey meeting will be held with the City to go over the survey results and quality management reports. This task will ensure accurate PCI data for the City’s use.
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Packet Pg. 119 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 7 of 9 Task 2.4 Deliverables:
• PCI report
• Color-coded PCI map
• Quality Management Report (QMR)
TASK 4— BUDGET ANALYSIS
Task 4.1— Define/Modify Budget Analysis Future Cost Assumptions Harris will meet with the City to define interest rate and inflation assumptions used to project future costs.
Task 4.2— Define Treatment Strategies (StreetSaver® Decision Tree Updates) Pavement Management Program use a “treatment decision tree” to define the City treatment strategy for each pavement section based on its functional class, surface type, and condition rating. Any update to this decision tree is significant to the PMP implementation as it has a major impact on the recommended work plan and budget consequences.
Harris will review the City’s recent bid-tabs to update unit costs for treatments entered in the treatment decision tree. The City will be asked to identify the components of treatment costs they would like to include in their unit costs (i.e., staff time, design, inspection, etc.). Harris PM will discuss with the City any decision tree options and treatment costs for future analyses, considering current industry repair and rehabilitation options that are anticipated within the area. This price will then be used to estimate project costs over the next five (5) years.
Once City staff approves the final strategy, Harris will update the PMP database to reflect any changes. The developed decision tree will be included in the final report.
Task 3.2 Deliverables:
• Treatment decision tree
Task 4.3— Define Budget Assumptions
Harris will request information on expected future budgets. This will provide the City with a budget projection that accurately reflects City funding practices.
Task 4.4—Calculate Budget Needs
Harris will generate a budget needs analysis (unconstrained budget) that calculates the financial and work program effort needed to bring the City pavement network to an optimum preventive maintenance cycle. This cost-benefit analysis will project condition ratings based on updated ratings for all segments and identify the best treatment type for each segment, including preventive and rehabilitation strategies. This report will demonstrate the level of funding the City will need to practice the most cost-effective means of managing its pavements.
Task 3.4 Deliverables:
• Budget needs report
Task 4.5—Scenario Reports
Harris will calculate funding scenarios to evaluate the impact of current and desired funding levels of overall pavement condition and deferred maintenance costs over time. Charts comparing the impact of each funding strategy will be provided.
Up to 5 funding scenarios will be calculated and reports generated.
The primary emphasis of this task is to maximize the programming of street maintenance projects using the most costeffective maintenance strategies available and considering a life-cycle cost analysis of each strategy recommended. The program recommendations will be provided to the City to be used to put pavement projects out to bid for the next four-five years. The following scenarios will be generated for the following funding levels:
H.4.a
Packet Pg. 120 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 8 of 9 • No funds
• Budget needs assessment (unconstrained funding level) • Maintain current PCI
• Improve network PCI by 5 pts
• Expected Annual Budget
The report will show the impact of various funding levels on the City PCI and maintenance backlog.
Task 3.5 Deliverables:
• Budget scenario reports
• PCI chart
• Deferred maintenance chart
TASK 5—REPORTS & PROJECT DELIVERY
Task 5.1— Draft Report
Harris will provide the following sections in the PMS report for the City, incorporating all data generated from this project:
• Executive Summary – project methodology, results of budget analysis, and findings. • Introduction – the need for a PMS.
• Methodology – field survey procedure & maintenance strategies. • PCI Report - current PCI from inspection data for each pavement section. • Budget Reports – impact of various budget scenarios on PCI & deferred maintenance, charts, and annual work programs. • Backup Data
• Description Report – all pavement section data.
• Inspection Inventory - pavement distresses, severity, and quantity for each pavement section inspected. • Maintenance treatment decision trees and inventory of applied historical treatments.
Task 4.1 Deliverables:
• Draft report for review by City staff
Task 5.2— Final Report
After the City’s review of the draft report, Harris will submit a final report to the City incorporating their comments, in the form of an electronic file containing the PMS files.
Task 4.2 Deliverables:
• Final report
• Updated StreetSaver® program, Excel files, and GIS shapefiles • Electronic file with PMS files
Responsibilities of the City
We will strive to minimize the impact on staff’s time in the conduct of our work. Generally, City staff will assist with:
1. Attend the kick-off meeting and brief the Harris team on the existing system.
2. Street maps - Provide City street maps showing street names.
3. Unit costs and treatment types:
a. Provide access to historical budgets, work reports and bid sheets related to pavement maintenance within the City or b. If the current treatment unit costs are known, please edit/ update the worksheet provided by Harris.
H.4.a
Packet Pg. 121 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private Harris & Associates, Inc. ◼ 2024-2025 PMP – Additional Scope 9 of 9
4. M&R history - Provide records showing the maintenance history (reconstructions, overlays, surface seals, etc.) since the last PMP update. Information to be included:
a. Street name or street ID-Sec ID
b. Treatment type
c. Treatment date
5. Interest, inflation, and # of years in analysis period
6. Provide desired budget scenarios.
7. Timely review of Harris’ draft submittals and RFI’s
COSTS & SCHEDULE
Assumptions:
1. The City of Orinda currently oversees a total of 93 centerline miles of street.
2. An additional approximately 31 centerline miles will be incorporated into the StreetSaver Database and assessed in conjunction with the existing 93 centerline miles as part of the PTAP25 project.
3. This additional scope will be synchronized with the timeline of the PTAP25 project to ensure seamless integration and project continuity.
4. Hours and fees are subject to revision based on outcomes from the initial scoping session with the City or any further instructions issued by the City.
5. The fees quoted include direct labor and overhead expenses such as transportation, accommodation, communication, and materials.
6. Hours and fees may also be revised following the initial scoping session with the Agency or any subsequent directives from the Agency. Project
Manager/
Project
Engineer
Asst.
Project
Manager
Field/GIS
Technician Total Total $/Task
Task Description
1.0 Project Administration 4 6 4 14 $ 2,334
2.0 Database Update & GIS Update 3 26 32 61 $ 8,018
3.0 Pavement Inspection & QC 2 16 60 78 $ 9,772
4.0 Budget Analysis 3 8 2 13 $ 2,090
5.0 Reports & Project Delivery 3 8 4 15 $ 2,328
Total Hours 15 64 102 181
Lump Sum Total: $ 24,542
Cost Proposal
Hourly breakdown by Personnel Project Schedule
Task Description 1 2 3 4 5
1.0 Project Administration
2.0 Pavement Inspection & QC
3.0 Budget Analysis
4.0 Reports & Project Delivery
Meeting Agency Review of Draft
Project Status Report Draft Project Report
Extended Tasks Final Project Delivery
Months from NTP
H.4.a
Packet Pg. 122 Attachment: Proposal For PMP Assessment of Private Roads (3398 : Consideration of Possible Pavement Management Assessment of Private