MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING
IN PERSON, OR VIEW ON ZOOM OR YOUTUBE AS LISTED BELOW
https://www.youtube.com/@cityoforinda9535/streams
Zoom Webinar:
https://tinyurl.com/OrindaCityCouncil
Phone:669 444 9171
Webinar ID:
810 2271 2723
In Person:
Orinda Library Auditorium
26 Orinda Way
Orinda, CA 94563
(925) 351-6676
CITY COUNCIL
AGENDA
Tuesday, December 3, 2024
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 12.03.24
How to follow and/or participate in the meeting:
IN PERSON SPEAKER CARDS: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. After the City Council has heard from everyone who submitted speaker cards, anyone electing not to submit a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.
WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting by following instructions below:
Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3pm on the day of the meeting. Those comments will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:
https://tinyurl.com/Orinda-Public-Comments
REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
B. PLEDGE OF ALLEGIANCE
City Council
Agenda Page 2 12.03.24
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Recognize Steven Schnier for his 16 years of Service on the Traffic Safety Advisory Committee
D.2. Safe Routes to Transit and Bay Trail Grant Application Update Recommendation:
Receive report on a recent grant application that was submitted to the Metropolitan Transportation Commission (MTC) for the Multi-Jurisdiction Lamorinda Regional Trails-to-Transit plan.
D.3. Metropolitan Transportation Commission Priority Development Area Planning Grant Status Update
Recommendation:
Receive the update regarding the status of Orinda's $200,000 MTC Priority Development Area Planning Grant.
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. October 9, 2024 Special Meeting
2. November 4, 2024 Regular Meeting
F.2. Addition of Principal Planner Job Classification
Recommendation:
Adopt Resolution No. 51-24 Approving the Principal Planner Classification, Related Salary Schedule, and Change in Budgeted Staffing Levels for Fiscal Year 2024-2025
City Council
Agenda Page 3 12.03.24
F.3. Fourth Amendment to the Memorandum of Understanding with Orinda School District for Scheduling and Maintenance of Sports Fields
Recommendation:
Approve the Fourth Amendment to the Memorandum of Understanding with Orinda School District for Scheduling and Maintenance of Sports Fields
F.4. Agreement with East Bay Municipal Utility District for Use of Property for the Orinda Sports Fields
Recommendation:
Approve the Agreement with East Bay Municipal Utility District and authorize the City Manager to execute the Agreement
F.5. Ordinance Amending Section 12.28.230 of Orinda Municipal Code to Authorize Off-Leash Dog at Designated Areas of City Parks Consistent with Posted Regulations
Recommendation:
Introduce the Proposed Ordinance No. 24-03 By Title Only Waiving a Full Reading of Text
F.6. Contract Change Order #1 with Cowan & Thompson Inc. for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, Project No.: 4076
Recommendation:
Approve Contract Change Order #1 with Cowan & Thompson, Inc. to increase the contract value by $40,889 to a new total contract amount of $120,000 and authorize $20,000 (17%) in contingency and approve Budget Change Form #004-25 appropriating $20,000 from the Transportation Impact Fee Fund.
F.7. Approve a Grant Application for Glorietta Boulevard and Martha Road Intersection Improvements to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2025-2026
Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Funding
Recommendation:
Approve a Transportation Development Act grant application for the Glorietta Boulevard and Martha Road Intersection Improvements, find the project categorically exempt with respect to CEQA and direct a Notice of Exemption be filed with the County Clerk, by adopting Resolution No. 49- 24, in a format specified by the grant requirements.
G. PUBLIC HEARING
G.1. Appeal of the Planning Commission’s Decision to Deny a Design Review and Exception Permit Application (DRA-2024-001, EXC-2024- 004)
City Council
Agenda Page 4 12.03.24
Recommendation:
Adopt Resolution No. 48-24 to approve the Design Review and Exception Permit applications, DRA-2024-001 and EXC-2024-004, to construct 499 adjusted square feet in additions (448 square feet of additions to the living space on the first level, along with a 67 square-foot front porch and 134 square-foot back porch) to an existing, 2,978 adjusted square-foot, twostory, single-family residence; with a portion of the additions within the side yard with street frontage setback, subject to the conditions of approval included in the resolution.
H. POLICY MATTERS
H.1. Final Design Concept for Crossroads Park (CIP project #4103) and Related Actions
Recommendation:
Take the following actions: 1) Receive the presentation; 2) Approve revised design concept; 3) Approve Amendment #2 to the Contract with Gates & Associates; and 4) Approve Budget Change Form #005-25.
H.2. Proposed Solid Waste Rate Adjustments for Orinda Residential and Commercial Customers for March 1, 2025 to February 28, 2026 Recommendation:
Review, discuss, and receive public input on the proposed solid waste rate adjustments. The input will be provided to Orinda Board Members on the RecycleSmart JPA (Council Member Miller and Council Member Riley), for the JPA consideration of rate adjustments to be effective March 1, 2025.
H.3. Draft Legislative Platform
Recommendation:
Receive report and provide direction.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, December 17, 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 City Council
Agenda Page 5 12.03.24
agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.
City Council
Staff Report
Agenda Item: D.2
Date: December 3, 2024
Department:
Public Works and
Engineering Services
AGENDA TITLE: Safe Routes to Transit and Bay Trail Grant Application Update RECOMMENDATION:
Receive report on a recent grant application that was submitted to the Metropolitan Transportation Commission (MTC) for the Multi-Jurisdiction Lamorinda Regional Trailsto-Transit plan.
BACKGROUND:
On October 14, 2024, City of Orinda, in partnership with the Contra Costa Transportation Authority and the Town of Moraga, applied for a planning grant to study the Moraga Way Corridor. The application also includes planning level study of two other trails in the Lamorinda region, the Wilder Pedestrian and Bicycle Trail in the City of Orinda and the Camino Pablo Trail study in the Town of Moraga.
Safe Routes to Transit and Bay Trail Program Grant (SR2TBT) On June 5, 2018, voters passed Regional Measure 3 (RM3) which raised tolls for all vehicles on seven State-owned toll bridges in the San Francisco Bay Area by $3, phased in via one-dollar increments. This toll increased funding for various transportation projects within the region that seek to reduce congestion and/or make improvements to travel in the toll bridge corridor. Specifically, RM3 established the Regional Measure 3 Expenditure Plan and identified specific capital projects, operating projects, and programs eligible to receive RM3 funding.
On June 26, 2024, the Metropolitan Transportation Commission (MTC) issued a call for projects for the RM3 SR2TBT Program. The first cycle of the SR2TBT Program covers four fiscal years from FY 2024-25 through FY 2027-28, with a base funding amount of $50 million available for programming and an optional $25 million for transformative active transportation projects. Eligible projects for the SR2TBT program include infrastructure, planning, infrastructure projects with non-infrastructure components, and quick-build projects. MTC anticipates releasing their recommendations in early 2025.
SR2TBT Program goals are to increase overall capacity along Bay Area bridges and along bridge corridors, reduce greenhouse gas emissions, increase active transportation, reduce congestion, and improve real and perceived safety through transformative projects. SR2TBT grant guidelines states:
“Transformative (active transportation) projects should aim to significantly impact how people move by prioritizing modes like walking, cycling, and other nonD.2 Packet Pg. 6
automobile forms of travel. Transformative projects create safer routes for pedestrians and cyclists, mitigating existing safety concerns or establishing new secure routes for users, increasing accessibility by connecting to essential community resources, and aspiring to influence regional travel patterns by promoting healthier, more sustainable ways of travel.”
Additionally, transformative active transportation grant projects should facilitate connections to existing transit systems such as BART, Ferry, and Transit (bus), along the MTC Active Transportation (AT) network (Attachment B), and along the San Francisco Bay Trail (Attachment C). MTC’s Active Transportation network in Moraga and Orinda is primarily composed of the Canyon Road, Moraga Way, Highway 24, and St. Mary’s Road multi-modal corridors.
DISCUSSION:
The grant application was for the RM3 SR2TBT funding, specifically, for planning grant funding as part as the $25 million available for SR2TBT transformative active transportation projects.
The City has a successful record partnering with Lamorinda neighboring agencies and CCTA on obtaining important transportation grants and funding. Recent examples include Federal Community Smart Signals and CCTA Countywide Smart Signals. In this application, CCTA would be the lead agency submitting the SR2TBT Planning Study Grant Application for Active Transportation Improvements to include a possible new Orinda – Moraga Regional Trail (OMRT), Wilder Pedestrian Bicycle Trial and Camino Pablo Trail in Moraga. CCTA is utilizing one of their transportation consultants to prepare the SR2TBT Grant Application, and our Staff performed the application quality assurance and comment reviews.
Additionally, an awarded SR2TBT Planning Study Grant will support and complement the CCTA Countywide Emergency Evacuation Plan Project (Evacuation Study). CCTA was awarded $1.49 million California Department of Transportation’s (Caltrans) Sustainable Transportation Planning Grant to develop a Countywide Emergency Evacuation Plan (Study). The Lamorinda area will include the CCTA Evacuation Study Area and study how to utilize and improve the Orinda and Morga Active Transportation (AT) network during evacuation events. Also, the ongoing two Smart Signals projects (CCTA Countywide Smart Signals and Lamorinda Smart Signals) will install smart signal controller hardware at intersections along the AT network. The smart signal controllers will have the capability to provide additional safety to multi-modal users, optimize traffic flow for all users and facilitate emergency response and direct traffic during evacuation events.
The planning grant will study and make recommendations for new multi-modal improvements along these corridors, including studying the creation of a new regional separated, shared use and emergency vehicle access pathways.
FISCAL IMPACT:
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The SR2TBT Planning Project is not identified in the Adopted FY 2023-24 and FY 2024- 25 Capital Improvement Program Budget. If SR2TBT Grant funding is awarded, Staff will come back to the City Council to amend the CIP Budget to reflect the necessary project matching funding appropriations.
CCTA recommends that Moraga and Orinda provide a matching contribution of $220,000 for the City’s SR2TBT Grant to be competitive, of which Orinda’s contribution will be $110,000. If grant funds are awarded, the City would need to approve a separate Memo of Understanding (MOU) agreement between the participating sponsoring agencies (CCTA, Orinda, and Moraga) detailing roles and project costs responsibilities.
The following table provides the estimated SR2TBT Planning Study costs by project tasks:
SR2TBT Planning Study Project Tasks Budget
CCTA/Town/City Administration (45%) $234,000
Lidar Survey $80,000
Right-of-Way Research $80,000
Community Planning $100,000
Corridor Planning Study $180,000
Stakeholder and Community Outreach $120,000
Conceptual Layouts (35% Design) and
Preliminary Cost Estimates
$140,000
Subtotal $934,000
Contingency (20%) $186,800
Total $1,120,800
NEXT STEPS:
Upon award of grant, Staff will bring back a resolution and partnership agreements for City Council approval.
ATTACHMENTS:
A. Presentation - SR2TBT Multi-Jurisdiction Lamorinda Regional Trails-to-Transit plan grant application
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Sivakumar Natarajan, City Engineer
Approved by:
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Safe Routes to Transit and Bay Trail
Program Grant (SR2TBT)
Multi-Jurisdiction
Lamorinda Regional
Trails-to-Transit plan
December 3, 2024
Staff Contact:
Siva Natarajan, City Engineer
[email protected]
Metropolitan Transportation
Commission (MTC)
Regional Measure 3 (RM3) Safe
Routes to Transit & Bay Trail (SR2TBT) • RM3 Voter approved in 2018 • Toll funds from the region's seven stateowned toll bridges • Finances comprehensive suite of highway and transit improvements
• SR2TBT is a competitive grant program to
fund bicycle and pedestrian access
improvements
• $150 million in funding from RM3
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Attachment: Presentation - SR2TBT Multi-Jurisdiction Lamorinda Regional Trails-to-Transit plan grant application (3477 : SR2TBT Grant Safe Routes to Transit & Bay Trail
(SR2TBT) Grant
• Promote Active Transportation, Enhance Safety
and Overall Mobility
• Increase Capacity of existing network for
multimodal use
• Reduce greenhouse gas emissions and
congestion
• Eligible Projects include Infrastructure, Planning
and Quick-Build
• Projects will connect sub-regions to the greater
Bay area
Multi-Jurisdiction Lamorinda Regional
Trails-to-Transit Plan
Improve multimodal connectivity
Create accessible regional trail system
Auxiliary evacuation lane along Moraga Way
Connect Moraga to the Orinda BART station.
Support emergency evacuation Provide faster access for emergency responders.
Enhance safety for pedestrians and cyclists along Moraga Way.
Reduce Vehicle Miles Traveled (VMT) and greenhouse gas (GHG) emissions.
Improve regional connectivity within the SF Bay Area's active transportation network.
Align the project with regional transportation and safety plans D.2.a
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Attachment: Presentation - SR2TBT Multi-Jurisdiction Lamorinda Regional Trails-to-Transit plan grant application (3477 : SR2TBT Grant Multi-Jurisdiction Lamorinda Regional Trails-to-Transit Plan Project Scope
• Feasibility Study of the Orinda Moraga Regional Trail • Transit, School and Community Needs Assessment of existing trail network • Planning and Conceptual Design
• Lamorinda Trail Network gap closure
• Public Engagement
• Coordination with Regional Transit providers
• Orinda Moraga Regional Trail
• Wilder Pedestrian/Bicycle Trail
• Camino Pablo Trail (Moraga)
Proposed Lamorinda
Regional Trails
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Attachment: Presentation - SR2TBT Multi-Jurisdiction Lamorinda Regional Trails-to-Transit plan grant application (3477 : SR2TBT Grant Orinda Moraga Regional Trail
(OMRT)
Regional Gateway:
An Active Transportation connection to Orinda Bart via
Moraga Way provides multimodal access to San Francisco
Bay Trail and the greater Bay Area to residents of Orinda and Moraga.
Regional plan:
Moraga Way has been identified as an important corridor for a high-quality bikeway to improve regional mobility.
Lamorinda Significance:
The proposed Trail aids with increasing pedestrian and
bicycle safety and reducing pollution. The Trail would also expand evacuation routes.
Wilder Pedestrian Bicycle Trail • Class I Multi-Use Path • Close Pedestrian and Bicycle access gap between the Wilder and Downtown
• Enhance Safety for Pedestrians and
Cyclists
• Identified as a regionally significant
project: • Lamorinda Action Plan • Orinda Bicycle, Trails and Walkways Masterplan D.2.a
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Attachment: Presentation - SR2TBT Multi-Jurisdiction Lamorinda Regional Trails-to-Transit plan grant application (3477 : SR2TBT Grant Wilder Pedestrian Bicycle Trail
• City was awarded $40,000 Technical
Assistance grant in 2023 by MTC
• Concept Trail Alignments currently
under study
• SR2TBT will allow project to proceed to
next phase of conceptual design
• Moraga Way is a Regional Route of Significance
• Orinda Moraga Regional Trail Study and Wilder Trail
projects are identified:
• Lamorinda Action Plan
• Countywide Transportation Plan
• Orinda Bicycle, Trails and Walkways Masterplan
• Funding Opportunities
• Grant Funding: HBP | SS4A | HSIP | STIP |SR2TBT
• Local Funding: Measure J |Measure R | Gas Tax |
Garbage Impact Fees
Funding Estimates
SR2TBT Planning Study Project Tasks Budget
CCTA/Town/City Administration (45%) $234,000
Lidar Survey $80,000
Right-of-Way Research $80,000
Community Planning $100,000
Corridor Planning Study $180,000
Stakeholder and Community Outreach $120,000
Conceptual Layouts (35% Design) and
Preliminary Cost Estimates
$140,000
Subtotal $934,000
Contingency (20%) $186,800
Total $1,120,800
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Attachment: Presentation - SR2TBT Multi-Jurisdiction Lamorinda Regional Trails-to-Transit plan grant application (3477 : SR2TBT Grant Grant Partnerships
Contra Costa
Transportation
Authority (CCTA)
City of Orinda Town of Moraga
Next Steps
APPROVE PARTNERSHIP WITH
THE TOWN OF MORAGA AND
CONTRA COSTA
TRANSPORTATION AUTHORITY
(CCTA) FOR SR2TBT GRANT
PROJECT
AUTHORIZE A FUNDING
COMMITMENT FOR 20%
MATCHING GRANT FUNDS, TO
BE SPLIT BETWEEN ORINDA
AND MORAGA
Upon Grant Award
Thank You!
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Attachment: Presentation - SR2TBT Multi-Jurisdiction Lamorinda Regional Trails-to-Transit plan grant application (3477 : SR2TBT Grant City Council
Staff Report
Agenda Item: D.3
Date: December 3, 2024
Department: Planning Department
AGENDA TITLE: Metropolitan Transportation Commission Priority Development Area Planning Grant Status Update
RECOMMENDATION:
Receive the update regarding the status of Orinda's $200,000 MTC Priority Development Area Planning Grant.
BACKGROUND:
In March 2023, the City Council adopted Resolution 25-23 (Attachment A) supporting a grant application submittal to the Metropolitan Transportation Commission (MTC) for $200,000 for a Priority Development Area (PDA) Grant to work towards a Memorandum of Understanding between the City, BART and Caltrans regarding a path forward for future Transit Oriented Development (TOD) at the BART site. For full details and background on this grant, see the staff report and agenda materials in Attachment B.
DISCUSSION:
In 2023, MTC awarded the City of Orinda the full $200,000 grant, the maximum available for Plan Implementation funding. Staff then collaborated with MTC to finalize the project’s Scope of Work (Attachment C), outlining the key actions and objectives needed to facilitate TOD at the Orinda BART station.
In November 2024, LeSar Development Consultants, selected from the MTC Planning Bench, was chosen to lead the project, leveraging its expertise in housing policy and TOD planning. More information on LeSar Development Consultants' housing work can be found at LeSar Development's Housing Page.
The primary goal of this grant is to establish a clear roadmap for TOD at the Orinda BART station, laying the groundwork for future housing development. This includes a framework for collaboration between the City, BART, and Caltrans, as well as proposed steps to address the legal, financial, and administrative barriers to successful TOD implementation.
This project commences a comprehensive effort to consider the BART station area’s potential as a transit-oriented hub that supports the City’s long-term housing and sustainability goals. Key deliverables from this grant will contribute to the City's housing goals, align with regional TOD objectives, and set the stage for future community-driven development.
NEXT STEPS:
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City staff will coordinate closely with the consultant team to launch project activities.
This includes internal and external kickoff meetings, which are tentatively scheduled for Winter 2024. The team will also facilitate public engagement opportunities through Planning Commission and City Council meetings to provide updates and gather feedback, with public meetings anticipated to take place from Winter 2025 to Spring 2026.
Milestone Estimated Date
Internal and external kickoff meetings Winter 2024
Site analysis and stakeholder interviews Winter 2024 – Fall 2025 Draft MOU and public study sessions Spring 2026
Finalized MOU and staff reports September 2026
FISCAL IMPACT:
The full grant amount of $200,000 is being administered by MTC. The City will be contributing Staff time necessary to coordinate efforts with the consultant team, facilitate stakeholder engagement, and oversee project milestones.
ATTACHMENTS:
A. City Council Resolution No. 25-23
B. City Council Staff Report - March 21, 2023
C. MTC PDA Grant: Final Scope of Work
Respectfully Submitted by:
Lashun Cross
Planning Director
Prepared By: Darin Hughes, Associate Planner
Approved by:
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Attachment: City Council Resolution No. 25-23 (3473 : MTC PDA Grant update) D.3.a
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Attachment: City Council Resolution No. 25-23 (3473 : MTC PDA Grant update)
CITY OF ORINDA
1 SCOPE OF WORK
Mapping a Path Forward for Affordable Housing TOD at the Orinda BART Station Task 1 – Commence Project
The objective of this task is to identify procedures for communication and reporting project status during the contract.
• Compile contact list of lead staff and/or points of contact for project stakeholders, drawing from initial information provided by City staff and additional investigation if needed.
• Hold an external kick-off meeting between City staff, consultants, and stakeholders (BART and Caltrans) to finalize a detailed project schedule, the stakeholder roles/responsibilities, and the mission statement
• Gather available documentation, to include:
o Relevant Caltrans policies and documentation, including but not limited to its guidebook for decertification
o Title report
o Site surveys, including but not limited to any conducted by BART and Caltrans o Utility documentation and easements, including but not limited to PG&E easements
o Relevant City documents
o Use agreements
o Environmental analyses, including but not limited to Environmental Site Assessments and geological studies
o BART TOD regulations and development standards (e.g. AB2923) o Relevant State & Federal regulations
o Sample peer site TOD plans and multi-agency agreements (e.g. MOUs) o City staff reports and public meeting minutes related to BART site o Examples of land transfers of Caltrans owned lands, including but not limited to utilizing Caltrans land for housing development
• The Consultant and subcontractors shall attend an internal “kick off” meeting with the City of Orinda and the MTC Project Manager to:
o Review the City’s expectations for accomplishing tasks described in this Scope of Work, including the project schedule and form of deliverables o Review the City’s roles and responsibilities
o Discuss and draft a project mission statement
o Based upon review of available documents and discussion at external kickoff meeting, discuss potential pathways toward site reuse, including actions by Caltrans and, as applicable, other partner agencies, as well as any potential required updated to local and state policy to remove barriers TASK 1 DELIVERABLES
1.1 Minutes from internal and external kick-off meetings D.3.c
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Attachment: MTC PDA Grant: Final Scope of Work (3473 : MTC PDA Grant update)
CITY OF ORINDA
2 1.2 Project schedule & mission statement
1.3 Compendium of available documentation
Task 2 – Review Existing Site and Legal/Organizational Framework Impacting Potential TOD
The objective of this task is for the Consultant to review and describe in detail legal and physical considerations for advancing TOD on the BART site.
• Procure site survey
• Generate detailed mapping of the existing conditions at the two BART parking lots and station, including:
o Internal and external multi-modal circulation system
o Caltrans maintenance facility
o Powerlines
o Topography
o Utility connections
• Review potential access improvements that would be necessary to support future TOD.
• Review pedestrian circulation and connection to both sides of Downtown Orinda • Describe and evaluate impact of minimum BART requirements for station parking, passenger drop-off and pick-up, County Connection bus access, and other uses that would be maintained with any future TOD and minimum Caltrans requirements for access to its maintenance facility.
• Review and describe existing legal framework including:
o Use Agreement between BART and Caltrans
o All easements
o Caltrans decertification process applicable to the use of ROW for TOD o Executive Order N-06-19 and excess state site inventory o Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) requirements related to decertification, including any provisions specific to Transit Oriented Development
• Review and summarize applicable BART and MTC policies regarding TOD at the Orinda BART station.
• Consolidate above findings into schematic site plan that shows:
o Portions of site where TOD may be suitable
o Potential access improvements necessary to support TOD o Potential areas of the site that would be required to accommodate BART/Caltrans circulation, access, and associated functions • Provide a preliminary evaluation of potential site capacity with sample density/buildout scenarios based on the above findings
TASK 2 DELIVERABLES
2.1 Site plan(s) depicting physical constraints to TOD and site survey
2.2 Memo summarizing regulatory/legal framework relevant to TOD D.3.c
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Attachment: MTC PDA Grant: Final Scope of Work (3473 : MTC PDA Grant update)
CITY OF ORINDA
3 2.3 Opportunities and Constraints report, including a schematic site plan showing portions of site where TOD may be suitable and access improvements necessary to support TOD, tables quantifying potential buildout scenarios, and any additional technical documentation
Task 3 – Partnership Development
The Consultant will work to investigate, negotiate, and assist in the development of formal draft partnership agreements with pertinent public entities, including but not limited to Caltrans, BART, the Department of General Services, the Department of Housing and Community Development, and the Governor’s Office that identify the most streamlined process feasible for allowing TOD on the land currently owned by Caltrans at the Downtown Orinda BART Station.
The overarching goal will be to map out a process for future TOD planning that will allow development consistent with applicable state and federal laws, BART’s TOD policy, and MTC’s Transit-Oriented Communities Policy and investigate strategies to pursue reuse of Caltrans land for the TOD.
• Conduct individual interviews with main stakeholders (City, BART, and Caltrans staff) as well as the other interested parties to review findings from Task 1, establish an understanding of stakeholder interests, and identify potential issues for further discussion at a subsequent work session. Interviews should include but not be limited to:
o State agencies that administer Executive Order N-06-19 (Governor’s Office, GSA, HCD) – explore options with HCD to include the site in the excess state site inventory to ensure applicability of the executive order o Local community and interest groups
o Key agency decision-makers
o Staff at key federal agencies, including but not limited to Federal Highway Administration
o Staff members for elected officials at the State and Federal level o Housing developers, including 100% affordable developers, who express an interest in TOD at the Orinda BART station
• Convene main stakeholders for a work session intended to identify areas of agreement, topics that require additional resolution, and establish a preliminary framework for a MOU
• Conduct a Planning Commission and a City Council Study Session regarding MOU and take public comment
TASK 3 DELIVERABLES
3.1 Summary of stakeholder and interested party interviews
3.2 Memo summarizing outcomes of stakeholder work session, including framework for potential MOU, topics that require resolution, and next steps
3.3 Minutes of public meetings
D.3.c
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Attachment: MTC PDA Grant: Final Scope of Work (3473 : MTC PDA Grant update)
CITY OF ORINDA
4 Task 4 – Reuse Options and Draft Action Plans
The objective of this task is to map out alternative development options for the site and conduct preliminary financial and physical feasibility analysis. Drawing from site analysis and stakeholder engagement in previous tasks, the consultant will create schematic development options that reflect varying levels of continued use of the site for Caltrans and BART-related functions. Options will be accompanied by a summary of the potential legal, administrative, financial, and community barriers to development, and actions required to address these barriers. These options will be used to inform subsequent discussions between stakeholders and the refinement of a MOU.
• Develop reuse options that include:
o Schematic site plans identifying potential location of future land uses, including any ongoing agency operations
o Preliminary feasibility analysis that identifies potential legal, administrative, financial, and physical constraints
• Create draft Action Plan that establishes the commitments to be included in the MOU, including milestones and agency roles; this is anticipated to address:
o Caltrans/Federal process to free up land and pursue reuse as TOD o Draft objective design standards for TOD, consistent with BART and MTC policies o Public process by City of Orinda to amend existing Downtown Precise Plan to include BART station, including TOD objective design standards o Public process by City of Orinda to codify TOD objective design standards for BART station
o Developer selection and site reuse process
TASK 4 DELIVERABLES
4.1 Document summarizing feasible reuse options
4.2 Draft Action Plan
Task 5 –Memorandum of Understanding
The goal of this task will be to formalize a path toward TOD at the Orinda BART station, and to establish the basis for updated development standards, a developer selection process, funding strategies, and any required agency actions or agreements. This path forward will be memorialized in an executed Memorandum of Understanding (MOU) between BART, Caltrans, the City and additional partners as appropriate for implementation following the Project, and will be accompanied by an Action Plan identifying milestones and responsible parties. • Prepare draft MOU between City, BART and Caltrans and accompanying Action Plan • Convene stakeholder work session to review Draft MOU and Action Plan, address any remaining areas of concern, and establish any actions required prior to executing MOU
• Prepare final MOU for execution, integrating revisions agreed upon at work session and any further discussion between stakeholders
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Attachment: MTC PDA Grant: Final Scope of Work (3473 : MTC PDA Grant update)
CITY OF ORINDA
5 • Present MOU to decision-makers at each stakeholder agency, as necessary for approvals process
TASK 5 DELIVERABLES
5.1 Draft MOU and Action Plan
5.2 Summary and minutes of stakeholder work session
5.3 Finalized MOU and template staff report requesting approval
SCHEDULE
DELIVERABLE ESTIMATED DATE OF
COMPLETION
Task 1 – Commence Project November 2024
1.1: Minutes from internal and external kick-off meetings November 2024
1.2: Project schedule & mission statement November 2024
1.3: Compendium of available documentation November 2024 Task 2 – Review Existing Site and Legal/Organizational
Framework Impacting Potential TOD
Winter 2024 (commence) –
Fall 2025
2.1: Site plan(s) depicting physical constraints to TOD and site survey October 2025
2.2: Memo summarizing regulatory/legal framework relevant to TOD
October 2025
2.4: Opportunities and Constraints report October 2025
Task 3 – Partnership Development Winter 2025 – Spring 2026
3.1 Summary of stakeholder and interested party interviews March 2026
3.2 Memo summarizing outcomes of stakeholder work session
3.3 Minutes of public meetings March 2026
Task 4 – Reuse Options May 2026
4.1: Document summarizing feasible reuse options May 2026
4.2 Draft action plan May 2026
Task 5 – Memorandum of Understanding September 2026
5.1: Draft MOU and Action Plan June 2026
5.2: Summary and minutes of stakeholder work session July 2026
5.3: Finalized MOU and template staff report September 2026 D.3.c
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Attachment: MTC PDA Grant: Final Scope of Work (3473 : MTC PDA Grant update) AGENDA TITLE: City Council Minutes
RECOMMENDATION:
Approve City Council Minutes:
1. October 9, 2024 Special Meeting
2. November 4, 2024 Regular Meeting
ATTACHMENTS:
A. City Council Meeting Minutes of October 9, 2024
B. City Council Meeting Minutes of November 4, 2024
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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Orinda City Council Minutes Page 1 of 6 10.09.24
OCTOBER 9, 2024
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 6:30 P.M. – SPECIAL MEETING– GARDEN ROOM, ORINDA LIBRARY A. CALL TO ORDER / ROLL CALL:
Mayor Gee called the Regular Meeting to order at approximately 6:30 p.m.
COUNCILMEMBERS PRESENT: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Gee.
C. ADOPTION OF AGENDA
MOTION by Vice Mayor Malkani, and seconded by Councilmember Iverson, to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.
D. POLICY MATTERS
D.1. Receive Staff Report including State Housing Law Updates and Set Aside the January 31, 2023 Certification of the Plan Orinda Environmental Impact Report and Certain Related Approvals, Including the Downtown Precise Plan
Recommendation:
1) Take Public Comment; 2) Receive Staff Report; 3) Adopt Resolution No. 47-24 Setting Aside the January 31, 2023 Certification of the Plan Orinda Environmental Impact Report and Certain Related Approvals, Including the Downtown Precise Plan
Mayor Gee opened the Public Forum.
Caroline Mills provided background of her local government experience, cited significant impacts and risk of wildland fire, asked for analysis, asked to consider the impacts of adding hundreds of housing units downtown, and hoped the Council obtains good guidance from City staff and consultants.
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Kathleen Jenkins voiced concerns with residents not being able to escape wildfire in the community, cited cancellation of many insurance policies, and spoke about SB 610 relating to targeted fire hazard severity zone maps. She hoped to have the EIR modified in a reasonable amount of time, asked for housing to be balanced and safe, and asked that the Council not re-adopt the DPP.
Michelle Jacobson, Lafayette, spoke of her involvement in the litigation regarding Plan Orinda and asked for solutions, to identify mitigations to balance needs for increased evacuation capacity given the addition of housing, and asked the City to consider hiring Fehr and Peers who is a traffic engineering firm to conduct the evacuation analysis update.
Nick Waranoff voiced concerns about Councilmembers’ public comments and pre-judging the issue of whether the DPP should be re-adopted after the EIR is fixed. He believes this violates the spirit and letter of the writ of mandate which directed that after the EIR is fixed, the Council shall consider what to adopt. He spoke about how residents feel about congestion, evacuation, lack of parking, rezoning for over 900 units, noting the units are not legally required by the State housing mandate.
Juliette Don, Orinda Chamber of Commerce, said the Chamber has watched this process for at least a decade with three different City Managers. They provided input to the current 8-year planning cycle, encourage the City to continue to comply with the State’s legal requirements to have a Housing Element and at the same time, balance the needs of local residents, community, and businesses. They have appreciated City Manager Biggs as a constructive liaison to the Chamber and acknowledged his last meeting tonight and wished him well in his retirement.
City Manager Biggs introduced the matter and deferred to Planning Director Lashun Cross who is leading the effort to comply with the court’s order. Ms. Cross will be giving a PowerPoint presentation and take Council questions.
Planning Director Lashun Cross said the Plan Orinda project consists of three primary components—the 6th Cycle Housing Element for 2023-2031, Safety Element, and Downtown Precise Plan (DPP). She described what the plan calls for, its review by City bodies, HCD’s approval, provided requirements for adoption of a Housing Element, described its components, the City’s RHNA of 1,359 units, housing income categories, existing and proposed zoning, and the review process.
Ms. Cross stated a CEQA lawsuit was filed with the Contra Costa County Superior Court by Orindans for Safe Emergency Evacuation (OC) on March 3, 2023. A minute order was issued on February 22, 2024 that held the analysis according to significant and unavoidable conclusions for wildfire evacuation impacts was insufficient and there was ambiguous language on the applicability of a mitigation measure as it relates to development sites. A court judgement was issued on August 2024 for revisions of the EIR and setting aside the January 31, 2023 Plan Orinda EIR certification and DPP.
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Ms. Cross then described the buffer which is 25% of low and very low-income units, stating the City reviewed its existing capacities of vacant and under-developed site capacity which is 543. The concern is this is a base number and does not take into consideration any physical characteristics of the sites such as slopes, setbacks, etc. They have looked at approved projects of 90 units of Verde Vista, the Santa Maria site, and projected ADUs anticipated of 10 approved per year. To date, the City has approved approximately 18 ADUs this year which brings a total existing capacity of 713 units.
She then addressed the EIR analysis and said this is an analysis of the highest density that the City could possibly impose on all sites which they are looking at and have identified in the EIR. The EIR also states this may not occur under the programmatic EIR.
The Housing Element presented and put forth the realistic capacity such as development standards, parking, using a portion of an available site and not the full site, and this amounts to 421 units and 486 units.
Last week, she received a call for a meeting with HCD staff. She was joined by the City Manager and City Attorney. Two things were made clear by HCD which is that HCD does not consider the Caltrans site as part of demonstrating adequate sites for the 6th cycle.
This was something requested to be put in by staff. So, this takes a bit of the buffer staff assumed it may have had for the Housing Element.
The second thing made clear from HCD is they must agree to which sites are selected. It was emphasized at all times that Orinda must have sufficient sites to accommodate RHNA requirements. So, at this time, HCD is monitoring the City and she must report back after tonight and as the City progresses through the process.
She then described the California legislative updates of housing bills:
• SB 4 is by right approval of affordable housing projects on religious and higher education sites.
• Sb 6 allows housing as permitted use on parcels zoned for office, retail, and parking subject to local objective standards and discretionary review requirements.
It was further amended by AB 2011 and AB 2243 which provides for streamlined ministerial process, eligible affordable and mixed unit housing development projects, objective and only allowable densities which range from 20 to 70 du/acre.
AB 2243 amends the affordable housing and expands some clarity around benefits, such as proximity to freeways, but now affordable housing can be proposed by meeting certain design standards such as no balconies facing freeways, noise, standards.
• AB 2295 is a bill that allows housing development projects that are deemed allowed on any real property owned by local educational agencies for workforce housing development if the project satisfies certain conditions, objective zoning standards, and design review standards.
Ms. Cross then spoke about units per acre as compared to existing zoning and the use of Senate and Assembly bills. She then described new parameters for the building remedy projects under AB 1893 which becomes effective January 1, 2025.
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Staff’s recommendation is to rescind and set aside the Orinda City Council’s January 31, 2023 certification of the Plan Orinda EIR and related approvals, including the DPP, and adopt Resolution 47-24. Next steps will be compliance with the court order, starting with preparation and re-circulation of the revised portions of the EIR, release other EIR portions for a 45-day comment period, scheduling of a City Council hearing for the review and consideration of re-certification, re-adoption of the mitigation measures, CEQA findings, and potentially the DPP.
City Manager Biggs thanked Ms. Cross for her work. He described modification of State bills, noting AB 2295 is as a matter of right and noted the State may be pursuing housing on school sites on the basis of this bill. He recognized the need for balance, agrees there are needs for a more concerted effort to get the State to be more reasonable, acknowledging very high fire severity zones, and noted the League working with cities has not been successful.
He cited the effort to always comply in good faith and spoke about the Council’s, staff’s, and consultants’ work and experience; however, certain actions are not unusual in the development process. They would have preferred more flexibility with the RHNA process but Orinda is mostly a built-out community, and he spoke of factors.
In his experience, the community elects very talented and thoughtful individuals, and the City has a small but dedicated staff that manage competing priorities. People are passionate about their beliefs and desires and the non-adversarial approach is what people are interested overall. Mr. Biggs then described the different perspectives regarding the Housing Element process, the EIR, rezonings, evacuation, fire modeling, no net loss issues, collaborative work, and said the action tonight to rescind certification of the EIR and DPP.
Staff met with HCD’s Compliance Unit after a housing advocacy group filed a complaint.
Ms. Cross indicated HCD is satisfied that the City is actively working to comply with the law and stay in compliance. They must rezone sites in early 2026 and, therefore, City staff is committed to bringing something forward to comply.
Mayor Gee said the information provided by staff was excellent in terms of reminding everyone how many laws the City is already subject to that are completely out of the City’s control. Unfortunately, the City cannot take advantage of all of these laws in their Housing Element as it still requires rezonings. If they had rezoned in accordance with the DPP as intended, even though they knew it was a much bigger number, she asked if this would not stop any developer’s ability to operate under the other existing laws, and Ms. Cross confirmed.
Councilmember Riley asked and confirmed 1,600 could be zoned and 1,939 units can be built whether or not there is zoning for it. Mr. Biggs added that if the City had lower zoning developers could exceed that up to 1,939 under these laws.
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Councilmember Iverson asked if there is any density bonus factored into the math on the slide or not, and Ms. Cross said no. Staff did not include that and she confirmed they are apples to apples comparison.
Mr. Biggs commented that staff asked HCD if the City still must do the rezoning and the answer was “yes” but at some point in time, State legislation could say that if these other State laws put the City into compliance already, why go through the exercise. Some of the laws can require developers to comply with objective design standards that might address some quality issues if not quantity issues as far as the development that might occur.
Vice Mayor Malkani said if there is no rezoning in an area where other State laws allow for building she asked if the City could take credit for that development. Mr. Biggs said if the City achieves its RHNA numbers the City can take credit and also use ADUs, so any units that are built count towards compliance whether they were on approved Housing Element sites or not.
Vice Mayor Malkani asked if the City gets credit if the property is not rezoned or until it is built. Mr. Biggs said he was not sure, but the Annual Housing Element Compliance Report that will capture “approved” and/or “built.” He was not sure if HCD would give the City credit, and Ms. Cross also was not sure, but HCD is looking at the rezoning program.
Councilmember Miller referred back to the last slide of the presentation. In this instance, it seems what they have before the Council is rescinding the approvals laid out in the agenda and resolution; that there is going to be a time after the 45-day comment period where this will return to the Council. So, during this time, people can comment about new potential legislation and the Council will also be discussing this, as well.
Councilmember Iverson said every time she is told that each ordinance that needs to be adopted to be compliant by January 2026 is a discretionary decision, at the same time, if the Council does not meet them by the deadline it is out of compliance. She asked if they are only discretionary to the extent the City wants to stay in compliance or be out of compliance or, she asked if there is more genuine discretion to that next chapter in the process.
City Manager Biggs provided an example about opportunity sites and said if the Council were to say that the Planning Commission recommended they remove the Miramonte site as an example, the City would have to return, identify an alternative site somewhere, put that before HCD, have them approve the site, and update the Housing Element to include the site.
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Arguably, the Council could do that and hope HCD would approve something, but staff would recommend they pause the process enough to consult with them if they saw themselves going down that path and then they would have to look at a site evaluated under the EIR and pivot to the Masonic Temple site, for example. But, the City would have to go through the same process. If HCD sees the City is making a good faith effort to do that, they would not necessarily pull the City’s certification so it is something they would have to navigate.
Vice Mayor Malkani asked if staff could comment on the last slide and the opportunity the City will have to receive public comment through the next steps. She knows there is a 45- day comment period, but before anything is re-adopted she asked if there will be a full opportunity for members of the public to state their viewpoints and for the Council to consider them.
Ms. Cross confirmed there will be another hearing before the Council to review and consider re-certification of the revised EIR and re-adoption of the Mitigation Monitoring and Reporting program, looking at accepting new CEQA findings, and what direction they take with the DPP, as well as a new Statement of Overriding Considerations.
Vice Mayor Malkani said there were members of the public who expressed their opinions with extreme civility and it is very much appreciated. Secondly, she wanted to reassure the public that as she is sure it is the case for every Councilmember here, no one is making their mind as to any determinations that are not before the Council tonight. She thinks they are all committed to public input and considering concerns of the public as they move forward with next steps. Lastly, she thanked staff for a thorough presentation.
Councilmember Miller concurred with the Vice Mayor’s comments, and hoped for public comments during the 45-day public comment period. She was disappointed in having to rescind the approvals the City worked so hard to put forward. Several Councilmembers are lawyers and they have great respect for the legal system. Through this, they have learned the court has determined there are items that need to be corrected and addressed and the City is committed to doing that.
MOTION by Vice Mayor Malkani, and seconded by Councilmember Riley, to adopt Resolution No. 47-24 Setting Aside the January 31, 2023 Certification of the Plan Orinda Environmental Impact Report and Certain Related Approvals, Including the Downtown Precise Plan. Said motion carried by unanimous (5-0) roll call vote.
I. ADJOURNMENT
The Regular Meeting was adjourned at approximately 7:48 p.m. to the next Regular meeting on Tuesday, October 15, 2024 at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Meeting Minutes of October 9, 2024 (3474 : City Council Minutes) Orinda City Council Minutes Page 1 of 8 11.04.24
NOVEMBER 4, 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 (arrived late), Inga Miller Vice Mayor Latika Malkani, Mayor Darlene Gee
COUNCILMEMBERS ABSENT: Janet Riley
B. PLEDGE OF ALLEGIANCE – Led by Mayor Gee.
C. ADOPTION OF AGENDA
MOTION by Councilmember Miller, and seconded by Vice Mayor Malkani, to adopt the agenda. Said motion carried by unanimous (3-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of a New Business Community Member in Orinda – Stephen Rusher, The Economic Company (Theatre Square leasing agent)
Associate Planner Darin Hughes introduced Stephen Rusher with the Economic Company who is the new leasing agent in the region for Theatre Square.
Stephen Rusher, The Economic Company, provided an overview of his background in Lamorinda as a localized community member, spoke about Dunhill’s commitment to enhancing the Theatre Square project, and provided examples of their leasing strategies that will create something Orinda can be proud of and that brings people into the community.
Mayor Gee and Councilmembers thanked Mr. Rusher and wished him much success.
Mayor Gee opened the Public Forum, and there were no speakers.
E. PUBLIC FORUM
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Shahin Tonse thanked Councilmember Miller for her hard work, detailed analysis, and her legal expertise she has brought as a Councilmember over the many years.
Nick Waranoff said that he disagrees with the interpretation by the court ruling and suggested the Mayor ask the City Attorney to contact the attorney for OSEE, the petitioner, and see if they can work out a limited stipulation so the City can proceed in adopting the objective design standards which are an appendix to the DPP.
F. CONSENT CALENDAR
Councilmember Miller requested removal of Item F.3 from the Consent Calendar. Mayor Gee confirmed there were no other requests and no public comments.
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. October 15, 2024 Regular Meeting
F.2. Authorization to Waive Formal Bidding and Purchase Two Replacement Police Vehicles
Recommendation:
Approve waiving of competitive bidding requirement pursuant to Orinda Municipal Code section 2.55.100 and approve the replacement of two police vehicles at a cost of $117,848 from the Fleet Replacement Fund.
F.4. Approvals Associated with the Parcel Map for 10 Irwin Way (MS 2021- 001)
Recommendation:
Adopt Resolution No. 29-24 which includes approval of: (1) the Final Parcel Map for 10 Irwin Way (MS 2021-001); (2) the associated Subdivision Improvement Agreement with Orinda Senior Housing Foundation; (3) the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and (4) finding these actions will not have a significant impact on the environment as defined by the California Environmental Quality Act (CEQA) because they are consistent with the Initial Study/Mitigated Negative Declaration (IS/MND) for the Project.
MOTION by Councilmember Miller, and seconded by Councilmember Iverson, to approve Consent Calendar Item F.1, F.2, and F.4. Said motion carried by unanimous (4-0) roll call vote.
Item Removed from the Consent Calendar:
F.3. Award Construction Contract to Cowan & Thompson Inc. for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, Project No. 4076 and Related Actions
Recommendation:
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Take the following actions: 1) Award a construction contract to Cowan & Thompson Construction Inc. of Martinez, California for the bid amount of $79,111.04; 2) Authorize program expenditure up to $95,000 (includes a 20% contingency); and (3) Approve the construction plans for the Project.
Councilmember Miller highlighted the successes of the City’s Bikes, Trails, and Pedestrian Walkways Plan the Council adopted over 10 years ago which include several projects.
Mayor Gee opened the Public Forum, and there were no speakers.
MOTION by Councilmember Iverson, and seconded by Councilmember Miller, to approve Consent Calendar Item F.3. Said motion carried by unanimous (4-0) roll call vote.
G. PUBLIC HEARING – None.
H. POLICY MATTER
H.1. Discussion of Tri-Agency Meeting
Recommendation:
Discuss the October 21, 2024, Tri-Agency Meeting and provide feedback to staff on outreach efforts by the Moraga Orinda Fire District to the residents of Orinda
City Manager Linda Smith gave the staff report and overview of the meeting and discussion with MOFD and the Town of Moraga at the Tri-Agencies meeting regarding staff’s request for feedback regarding changes MOFD would like be made to improve home hardening.
Mayor Gee said she spoke with the City Manager regarding this item as a follow-up because the Council is not completely knowledgeable about MOFD’s timeframe. She thought it was important to discuss it, make comments, and perhaps provide MOFD a formal communication from the City Council to encourage them to have a robust public process.
There were no Councilmember questions or comments.
Mayor Gee opened the Public Forum.
Sandy Pearson thanked the Council for reading her letter and thinks working to address fire risk from the house out is the best strategy.
Jeff Blum expressed support for Zone Zero and asked that the Council establish guidelines to move through its implementation. He asked the City to create a simple permit to remove an oak tree if in the 5-foot zone, and recommended the use of Measure R matching funds.
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Jennifer Balducci cited the non-existence of outreach for stakeholder input on the matter, said Zone Zero is difficult to locate on the MOFD website, opposed the ordinance, and noted that homeowners recently changed their landscaping to adhere to the 2 feet ordinance and removed all junipers along the road at high cost. She asked for ample opportunity to comment, with outreach, mailers, and information in the local news.
City Clerk Smith announced that the Council received three public comments prior to the meeting which are in the packet and on the website.
Mayor Gee said the reason this item is on the agenda is a follow-up discussion from the Tri-Agency meeting to allow the Council to decide if they want to take further action. If this ordinance were to come to pass, it would be an MOFD ordinance. Everything associated with it belongs to MOFD and the Council does not have a vote; however, residents can be part of that public process. She cited the critical need for public outreach by MOFD, voiced concerns with timing of the matter, and recommended MOFD provide a timeline.
Councilmember Iverson referred to the 2023 meeting where MOFD’s ordinance was far worse than Zone Zero’s 5-foot clearance being discussed now which had to do with large properties, significant perimeter requirements, and creating defensible space that homeowners were being required to do at great expense. The Council learned about the law once it had passed and many residents were very upset given the difficulty to comply.
She was happy all three jurisdictions are talking to each other and beginning a public input process, and she hopes better outreach and communication is done on this proposed ordinance.
Councilmember Miller echoed Council comments, and said the Council has been requesting a community forum since the last ordinance was adopted. She was not sure MOFD was enforcing that ordinance at this time so more information and outreach is needed.
Vice Mayor Malkani thanked the Mayor and City Manager for agendizing this item, cited divergent viewpoints on Zone Zero, agrees with the need for education, information and public outreach.
Mayor Gee cited difficulties at times with good public outreach and said the City Manager suggested doing a statistically significant survey which has been done in the past by the City, and if there is Council consensus she suggested presenting a formal letter from the Council to MOFD encouraging a very robust public, lengthy, and public process that allows for a great deal of outreach and perhaps suggest they conduct an actual survey in Orinda and Moraga.
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Councilmember discussion ensued with suggestions for a professional statistical survey, the feeling that the presentation was compelling in making properties fire-safe and firecompliant, questions on whether the idea of this being a voluntary pilot project has been exhausted, the fact that Orinda has many Firewise communities, the recommendation that the matter be slowed down in terms of how it is explored, what the matter might mean in terms of insurance, the ability of MOFD to enforce its existing laws, the fact that the topic deserves a lot more time and consideration, suggestions for more public outreach with parent education events in coordination with schools, website postings, town halls, and mailers, and suggestions for a potential future presentation to the SSTOC.
Mayor Gee concluded the discussion and confirmed there was Council consensus for a letter to be written and signed by the Mayor and sent to the MOFD Board encouraging a robust public process through use in a variety of ways to provide outreach to the public.
H.2. Options for Off-Leash Dog Use of Orinda Oaks Park and Open Space Recommendation:
That the City Council consider the creation of a pilot program to allow offleash dog use at Orinda Oaks Park and Open Space and provide direction on the new option for a future fenced use of the meadow and picnic area.
Parks and Recreation Director Todd Trimble gave the staff report and overview of consideration by the Council for a pilot program to allow off-leash dog use of the Orinda Oaks Park and Open Space and to provide staff with direction on the new option for a future fenced use of the meadow and picnic area.
As background, he described discussions in early March which included a pickleball recommendation along with an off-leash area, a presentation by Callander Associates at the July 16th meeting for an initial design concept and estimated construction costs, at the October 1st meeting where Callander presented another option for a fenced designated off-leash area at Wilder Park with staff to return with an off-leash pilot program option at Orinda Oaks Park. He noted there are many amenities at the park and staff looked at designating a specific area near amenities and specific times, and he would ask for Council direction on the pilot program.
Mr. Trimble then displayed another option to fence in the meadow area and picnic area and to create a similarly sized fenced in area but to remove the need for the additional ramps and walkways, given the area is compliant up to that point. He asked for direction and feedback on the pilot and alternative location, and staff can take it to the Parks and Recreation Commission, with plans to develop rules, signage, and logistics designating boundaries, and then can return next year and update the Council on how things are proceeding.
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Councilmember Miller questioned insurance if the off-leash dog area is implemented. City Attorney Wolff replied that there seemed to be two different sorts of dog parks—one is entirely closed and fenced dog park. For the second option, there is an expressed immunity in State law. If an injury occurs due to a dog within a fenced dog park, the City has immunity. For open space, the City can operate and allow people to use with hiking, biking, sometimes horses, and dogs. EBRPD and other cities rely on a trail immunity and an open space immunity that can include off-leash dogs. The way you try to limit risk in situations is with signage. Dogs should be leashed while in the parking lot, but can be offleash once in the open space areas. And, they would not want to create a conflict by allowing rental picnics at the same time off leash dogs were allowed in the same space.
It is critical that there would be clear signage where off leash would and would not be allowed.
Vice Mayor Malkani asked and confirmed that the picnic and meadow area are proposed to be enclosed because it is an already usable entry area which is flat, ADA-compliant, with decomposed granite, and it allows the opportunity for the double gated entry.
Mayor Gee asked and confirmed with City Manager Smith that the pilot program would include changing the ordinance to allow off-leash dog use and signage and staff could determine whether people are using it or not in order to make a permanent decision, as well as poll the neighborhood for any issues, and collect information over the next eight to nine months to determine whether it makes sense to pursue a more structured fenced option program in that area.
Mayor Gee opened the Public Forum, and there were no speakers.
Councilmember Iverson said the staff report focused on the question of potentially spending $400,000 on a fenced dog park that might be in an ideal location versus $250,000 for the one at Wilder Park, versus not spending anything and keeping it as an unfenced park realizing there are in between options to put a barrier fence at the parking lot or front of the meadow so dogs are not running towards the road but not totally enclosed. The staff report’s emphasis on trial outreach, information gathering, and getting feedback from users was the goal of this, and she would support staff’s proposal.
Councilmember Miller agreed and asked staff to determine staff time involved, whether the program needs Friends of the Dog Park group to sustain it or whether it work by itself, likes the idea of the pilot program and moving it to the meadow and picnic area.
Vice Mayor Malkani echoed comments and supported the pilot program and allowing for public input.
Mayor Gee agreed with the pilot program and having the off-leash dog park at Orinda Oaks Park, asked that it be advertised well, and asked to give the homes on Ivy Drive the courtesy of extra communication.
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Attachment: City Council Meeting Minutes of November 4, 2024 (3474 : City Council Minutes) Orinda City Council Minutes Page 7 of 8 11.04.24
Councilmember Iverson asked and confirmed with the City Attorney that signage will be updated and precisely account for what is needed, and Mr. Trimble stated he is also working on posted rules.
City Manager Smith stated this item will go to the Parks Commission and then will be back to the Council with an ordinance either at the end of the year or after the first of the year.
H.3. Senate District 7 ADU Accelerator Program Update
Recommendation:
Receive the update regarding the Senate District 7 ADU Accelerator Program.
Associate Planner Darin Hughes gave the staff report and update regarding Senator Glazer’s ADU Accelerator Program by giving rebates back to residents who build ADUs as a means to encourage production. He described the amount of rebates available to applicants after issuance of Certificate of Occupancy and depending upon square footage, deed-restricted and non-deed restricted, level of production of ADUs in Orinda per year, and staff’s communications with the Town of Danville to determine if a second round of funding based on excess funds is available and can be used from underproducing communities.
The Planning Department plans on pushing this to go live as a pilot program on January 1, 2025 when people will be able to choose options when applying for an ADU to be considered for this or put on a wait list. Information about the program has also been pushed live to the City’s ADU webpage.
Vice Mayor Malkani asked what are permit-ready ADU plans through the County. Mr.
Hughes replied that applicants can apply for a pre-approved and paid for ADU plan that have objective design standards and City and County staff would ensure it meets all zoning regulations and design standards.
City Manager Smith added that many agencies have included permit-ready ADU plans as one of their policies in their Housing Elements, and noted Senator Glazer wanted to include this as a way to meet RHNA as well as funds to help applicants use these plans and not have to pay for them.
Mayor Gee opened the Public Forum, and there were no speakers.
I. COUNCILMEMBER REPORTS
Councilmember Miller reported on her attendance at the 2x2 City/Schools meeting. She also reported at their last meeting of Recycle Smart last Thursday they approved the five contracts for post-collection services.
Councilmember Iverson stated at the 2x2 City/Schools meeting, they received an update on the Nature Area which relates to a long-term stewardship.
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Attachment: City Council Meeting Minutes of November 4, 2024 (3474 : City Council Minutes) Orinda City Council Minutes Page 8 of 8 11.04.24
Mayor Gee stated she and the Vice Mayor attended the League of California Cities Conference in Long Beach and they were able to meet City colleagues. Last night was the Citizen of the Year dinner and Councilmember Iverson and she attended and recognized and honor Rich Thompson, Chair of Art in Public Places and got to see the showing from a number of artists.
J. CITY MANAGER'S REPORT
City Manager Smith reported on her continued community outreach as the new City Manager and voiced appreciation of Council’s referrals to her. She thanked staff for being so welcoming and supportive. She said the City Hall is a voting location and people are staffing ballot drop-off. She reminded everyone of the Infrastructure Committee meeting next week on November 12, 2024.
K. MATTERS INITIATED
None.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:45 p.m. to a Closed Session and, thereafter to the next Regular City Council Meeting on Tuesday, November 19, 2024 at 7:00 p.m.
M. CLOSED SESSION
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters
3. CLOSED SESSION
4. REPORT OUT OF CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Meeting Minutes of November 4, 2024 (3474 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: December 3, 2024
Department: Human Resources
AGENDA TITLE: Addition of Principal Planner Job Classification RECOMMENDATION:
Adopt Resolution No. 51-24 Approving the Principal Planner Classification, Related Salary Schedule, and Change in Budgeted Staffing Levels for Fiscal Year 2024-2025 BACKGROUND:
The purpose of this report is to seek City Council approval for the creation of a new classification and salary range for the position of Principal Planner. The City Manager recommends this action to better support the implementation of the City’s Housing Element, long-term planning, and development goals. This new position would replace the vacant Senior Planner position providing higher-level support for both current and long-range planning activities.
DISCUSSION:
In accordance with Section 3.1 of the City Personnel Rules, the City Council is responsible for approving classifications used by the City. In 2020, the Senior Planner position became vacant due to attrition. The growing demands of managing the City’s Housing Element and related zoning for housing, along with the need to support longterm planning and development, require the establishment of a higher-level position to attract a stronger pool of candidates.
The City Manager recommends the establishment of the Principal Planner position to provide essential support for the City’s planning functions. The Principal Planner will report directly to the Director of Planning and will help manage both current and advance planning initiatives.
Staff developed a job description and salary range for the Principal Planner position.
This position will be a full-time, unrepresented mid-manager role. Key responsibilities will include overseeing the City’s Housing Element implementation, coordinating housing-related activities, and supporting broader urban planning and development goals.
The new classification is structured to meet the City’s increasing demands for effective management of planning and housing functions, ensuring that these critical areas are properly managed as the City moves forward with implementing the City Council’s strategic priorities.
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• The Principal Planner classification will be added to the city’s Consolidated Salary Schedule.
• The budgeted staffing levels for fiscal year 2024-25 will be adjusted to reflect the addition of a Principal Planner and the reduction of the currently vacant Senior Planner position.
• Upon approval, recruitment for the Principal Planner position is expected to begin in January 2025.
FISCAL IMPACT:
The monthly salary range for the Principal Planner position, effective December 14, 2024, will be between $10,900 and $13,249. The total estimated cost of this position, including salary, medical insurance, deferred compensation, and other direct employment costs, is projected to be between $178,177 and $209,138 annually. This represents an increase of approximately $8,726 over the currently budgeted cost for the vacant Senior Planner position for the remainder of the 2024-2025 budget year, so no additional appropriation is necessary at this time. Annually, this change will result in an additional $17,452 of costs compared to current staffing levels going forward.
ATTACHMENTS:
A. Resolution 51-24 Approving Principal Planner with Salary Schedule B. Draft Principal Planner Classification
Respectfully Submitted by:
Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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In the Matter of:
Approve the Principal Planner
Classification, Related Salary
Schedule, and Change in Budgeted
Staffing Levels for Fiscal Year 2024-
2025
)
)
) Resolution No. 51-24
WHEREAS, with the FY 2024/2025 budget, staffing levels in the planning department reflected a Senior Planner; and
WHEREAS, there is a need to establish a classification to allow greater flexibility in the management structure given current and long-term planning needs within the City; and
WHEREAS, Staff drafted a job description for the creation of a full-time Principal Planner to help implement policies as set forth by the City Council; and WHEREAS, the position salary is benchmarked to the Senior Planner position; and
WHEREAS, the position would be funded from existing budgeted salaries.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the Principal Planner classification, its related salary schedule, and the related change in budgeted staffing levels for Fiscal Year 2024-2025.
Adopted by the City Council of the City of Orinda at a regular meeting on December 3, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Darlene K. Gee, Mayor
_________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 51-24 Approving Principal Planner with Salary Schedule (3470 : Add Classification Principal Planner) City of Orinda D R A F T
5-Step Salary Schedule
Effective December 14, 2024
Resolution # 51-24
Prepared November 20, 2024
Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Principal Planner 12/14/2024 Unrep 10,900.00 13,249.00 10,900.00 62.88 11,445.00 66.03 12,017.00 69.33 12,618.00 72.80 13,249.00 76.44 STEP 2 STEP 3 STEP 4 Position Title Effective Unit Monthly Position STEP 1 STEP 5 F.2.a
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Attachment: Resolution 51-24 Approving Principal Planner with Salary Schedule (3470 : Add Classification Principal Planner)
DEFINITION
Under the administrative direction of the Director of Planning, plans, organizes, oversees, coordinates, and manages staff and specific operations of the Planning function including current and long-range planning, zoning, development, and environmental review. Serves as project manager over assigned major projects related to the development and implementation of land use and related City plans and policies including interdepartmental and inter-agency coordination. Provides complex and responsible support to the Director of Planning in areas of expertise and performs related work as required.
SUPERVISION EXERCISED
Directs the work of consultant(s) related to planning applications and special planning projects. Exercises direction and supervision over assigned professional, technical, and administrative support staff.
DISTINGUISHING CHARACTERISTICS
The Principal Planner class is distinguished from the Senior Planner class by the greater complexity and sensitivity of assignments received, responsibility to lead and manage the most complex projects independently. This classification manages staff, assists with organizing goals and compliance with planning laws and performs various major functions related to the Planning Department.
EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Assists in the administration of the Planning Department and is responsible for ensuring that major programs of the Department are carried out in accordance with City policies and Council goals and reflects professional planning principals.
Serves as a member of the Department’s management team and participates in departmental policy development, administrative planning, and problem resolution.
Reviews and processes development applications for a range of complex planning projects, including discretionary permits, major subdivisions, planned developments, use permits, and design review; works cooperatively with applicants, federal, state and local agencies, and stakeholders.
Serves as project manager for complex planning projects including analysis of site and architectural plans, performing technical review for routine project plans and applications,
CITY OF ORINDA
PRINCIPAL PLANNER
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Attachment: Draft Principal Planner Classification (3470 : Add Classification Principal Planner) and making recommendations, and referring the projects to other departments, agencies and technical experts and consultants.
Researches, analyzes and interprets data, writes comprehensive reports and recommendations based on best practices, City policy and regulations, and sound judgement for advanced and current planning projects; prepares, writes and presents staff reports, findings, resolutions, and related materials and makes professional presentations before authoritative bodies such as the City Council, Planning Commission, and other agencies, as assigned.
Coordinates and leads meetings for the purpose of providing and receiving information and developing viable solutions for projects and proposals; communicates effectively with the public using various methods (public meetings, social media, websites) to gain meaningful feedback; works in a collaborative manner with internal and external departments and stakeholders on a range of projects for problem solving, identifying key issues and concerns to advance a project.
Attends and represents the City’s interests or policy positions as representative for regional and inter-jurisdictional planning agencies, task forces, and legislative bodies.
Provides advice and information to the public and developers regarding planning and zoning regulations and requirements; clarifies and ensures conformance to City codes and regulations; participates in or conducts conferences with developers and property owners and resolves differences that may exist between them and City codes.
Provides lead direction and supervision in major long-range projects, including performing research and analysis to develop updates and revisions to the General Plan, municipal code and policy, area plans, grant programs, and design guidelines.
Evaluates projects for compliance with California Environmental Quality Act (CEQA) and related federal and state environmental regulations and statues; prepares and reviews Initial Studies; manages the preparation of CEQA documents, including Environmental Impact Reports and Negative Declarations by consultants; recommends determinations of the environmental impact of projects; reviews environmental documents of other agencies; performs mitigation monitoring and enforcement.
Participates in the selection of and trains, motivates, and evaluates assigned staff; works with employees to correct deficiencies; recommends and implements discipline procedures.
Develops standard procedures and methods to improve and monitor the effectiveness and efficiency of assigned programs, services delivery methods; assesses and monitors workload, administrative, and support systems; identifies opportunities and makes recommendations for improvement.
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Attachment: Draft Principal Planner Classification (3470 : Add Classification Principal Planner) Conducts site inspections and field investigations, including determining if projects comply with laws, regulations and ordinances.
OTHER JOB-RELATED DUTIES
Perform related duties and responsibilities as assigned.
JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:
Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to municipal planning, zoning, housing, transportation, environmental review and compliance, and/or code enforcement, including California Planning and Zoning Laws, Subdivision Map Act, and California Environmental Quality Act (CEQA).
Modern principles, practices and techniques of governmental current and advanced planning, municipality and regional planning and development functions.
Techniques for effectively representing the City in contact with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
Recent and ongoing developments, current literature, and information sources related to the operations of a Planning Department.
Architectural design review concepts, site grading, and drainage.
Methods and techniques of preparing technical and administrative reports, and general business correspondence.
Principles of lead supervision and training.
Modern office practices, methods, and computer equipment Safe driving principles and practices.
Skill to:
Operate modern office equipment including computer equipment and software.
Operate a motor vehicle safely.
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Attachment: Draft Principal Planner Classification (3470 : Add Classification Principal Planner) Ability to:
Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for assigned area.
Provide administrative and professional leadership and direction including select, train, motivate and evaluate the work of staff and train staff in work procedures.
Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards, including architectural, development, site, and construction plans, relevant to the work performed.
Evaluate and develop improvements in operations, procedures, policies, or methods.
Supervise and participate in the collection, analysis and interpretation of data pertaining to planning, advanced planning, and housing functions.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of planning goals.
Perform the most complex and sensitive work of the Planning Department.
Prepare and maintain accurate and complete records.
Respond to requests and inquiries from the public.
Communicate clearly and concisely, both orally and in writing.
Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
Minimum Qualifications:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Training:
Bachelor's degree from an accredited college or university with major course work in landuse planning, urban planning, environmental studies or a related field. A master’s degree and public sector experience are highly desirable.
Experience:
Seven (7) years of increasingly responsible professional planning experience involving current and long-range planning, including two years of supervisory experience.
License or Certificate:
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Attachment: Draft Principal Planner Classification (3470 : Add Classification Principal Planner) Possession of, or ability to obtain, a valid California driver's license and a satisfactory driving record.
Possession of an American Institute of Certified Planners (AICP) certification is highly desirable.
Special Requirements:
Essential duties require the following physical skills and work environment:
Ability to work in a standard office environment and use standard office equipment; ability to travel to different sites and locations to inspect City development sites and visits to sites of code compliance issues; to operate a motor vehicle, and to visit various City and meeting sites.
Work involves attendance at meetings held during the regular workday and in the evenings.
Employee Group: Unrepresented
FLSA Status: Exempt
Revised: DRAFT – December 2024
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Attachment: Draft Principal Planner Classification (3470 : Add Classification Principal Planner) City Council
Staff Report
Agenda Item: F.3
Date: December 3, 2024
Department: Parks and Recreation
AGENDA TITLE: Fourth Amendment to the Memorandum of Understanding with Orinda School District for Scheduling and Maintenance of Sports Fields RECOMMENDATION:
Approve the Fourth Amendment to the Memorandum of Understanding with Orinda School District for Scheduling and Maintenance of Sports Fields BACKGROUND:
The City and the Orinda Union School District (District) have a long-standing relationship that has produced a number of successful partnerships for the community.
In keeping with this tradition, the City and District entered into a Memorandum of Understanding (MOU) regarding the maintenance and scheduling of the District’s six athletic fields in October 2018. The maintenance efforts commenced in January 2019 and the acceptance of rental requests began in spring of that year.
In May 2020, the City Council and the District Board approved the first amendment to the MOU, which, among other things, placed a higher priority on reducing the ongoing deficit and the District agreed to pay $10,000 each quarter in which the health order prohibited public use of the sports fields. The goal was to offset the City maintenance expenditures that had not been covered by the collection of rental fees.
In April 2021, a second amendment was approved. The primary stipulation of the amended agreement stated that, to further reduce the deficit, OUSD agreed to make quarterly payments of $15,000 to cover the maintenance expense during each of the final three quarters of 2021. With the condition that a deficit remained after 2021, the quarterly payments from the OUSD would return to the previous amount of $10,000.
OUSD made the increased payments in a timely fashion during the final three quarters of 2021, but a deficit remained, and payments were reduced.
In December 2022, a third Amendment of the MOU was approved. Specifically, it addressed that the previous quarterly payments to cover maintenance expenses ceased unless a deficit exists at the end of a quarter. If a deficit existed, the previous $10,000 quarterly payments would begin, and remain, until the deficit is eliminated.
Lastly, it should be noted that all amendments address the term of the MOU, with each amendment extending it annually or biennially.
DISCUSSION:
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The City and District have an interest in providing an improved recreational resource to meet District and community demand, generating revenue to offset maintenance and operating costs, and enhancing the existing partnership between the entities.
Since the adoption of the initial MOU in the fall of 2018, there have been several staff changes at each agency, including two city managers, a new Superintendent, and a new Director of Facilities, Maintenance, and Operations. Staff from both entities continue with the transition and City staff, overall, continue to be pleased with the arrangement.
The fourth amendment of the MOU does not involve any noteworthy adjustments, other than the annual extension; however, while communication has been good, it has been irregular so staff at both agencies have committed to meet at regularly scheduled intervals (in addition to the more recent practice of reaching out when an issue or concern arises).
The City’s maintenance contract continues to be based entirely on time and materials, and City staff will monitor expenses. Maintenance and repairs beyond basic services may be necessary to keep the fields safe and attractive to users and renters. As such, the District and City staff continue to work together to ensure the most sensible and successful maintenance efforts. This may include the use of a more specialized turf maintenance professional(s) to supplement the basic maintenance efforts.
Attachment A is a Redline Draft of the proposed changes to the MOU.
NEXT STEPS:
This item will appear on an upcoming agenda of the OUSD Board of Trustees.
FISCAL IMPACT:
As of late 2022, the maintenance deficit had been eliminated. The City’s maintenance contract continues to be based entirely on time and materials, and City staff will monitor expenses. The use of a more specialized turf maintenance professional(s) may be implemented to supplement regular maintenance efforts. Staff are optimistic that sufficient ongoing revenue will be collected to offset maintenance expenses.
ATTACHMENTS:
A. Fourth Amendment to the Memorandum of Understanding
Respectfully Submitted by:
Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:
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1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORINDA AND THE ORINDA UNION SCHOOL DISTRICT
FOR THE USE AND MAINTENANCE OF SCHOOL DISTRICT PLAY FIELDS This Fourth Amendment of the Memorandum of Understanding (“Agreement”) was entered into on the th day of December, 2024 by and between the City of Orinda (hereinafter "CITY") and the Orinda Union School District (hereinafter "DISTRICT") (collectively “Parties” or individually “Party”) for the purpose of operating, maintaining, and improving the play fields at Wagner Ranch Elementary School, Del Rey Elementary School, Sleepy Hollow Elementary School, Glorietta Elementary School, and Orinda Intermediate School, located in Orinda, California.
WHEREAS, the DISTRICT owns the play fields, representing that certain real property which are displayed and attached hereto as "Exhibit "A" and hereinafter referred to as the “Play Fields”; and
WHEREAS the CITY and the DISTRICT desire to enter into this cooperative Agreement for CITY to fund the cost of and carry out field maintenance and improvements and to schedule and coordinate use of the Play Fields for CITY recreational programs and events when not in use by the DISTRICT thereby reducing DISTRICT costs and providing community benefits; and
WHEREAS, as part of its facilities plan, the DISTRICT wishes to have improved fields which will be utilized by students during school hours; and
WHEREAS, the CITY has determined that the Orinda community would benefit from public use of the Play Fields that does not interfere with school uses; and WHEREAS, the DISTRICT and the CITY have determined that it is to their mutual advantage to enter into this Agreement which will allow for DISTRICT use of enhanced fields in conjunction with its educational mission and allow the CITY to provide a valuable recreational amenity to the community; and
WHEREAS, this Agreement has been prepared jointly by the DISTRICT and the CITY for the purpose of setting forth the terms and conditions by which the Parties agree to jointly utilize the Play Fields; and
WHEREAS, the CITY and the District believe that this Agreement will provide for an economically viable means of providing recreational opportunities that will benefit the entire community; and
WHEREAS, it is the purpose of this Agreement to set forth the responsibilities and rights of the Parties hereto with respect to the Play Fields; and F.3.a
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 2 WHEREAS a cooperative agreement between the entities is necessary since the Play Fields are owned by the DISTRICT, and not the CITY; and
WHEREAS this agreement was amended for the first time on May 19, 2020, was amended for the second time on April 13, 2021, was amended for the third time on December 6, 2022, and will be amended for the fourth time on December ____, 2024.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties hereto as follows:
I. Term
A. The term of this Agreement (Fourth Amendment) shall be two years, beginning January 1, 2025, and ending December 31, 2026.
B. The representatives of each Party designated below (“Representatives”) will meet quarterly during the term to coordinate implementation of the Agreement. The Representatives shall present a progress report and their recommendations regarding extension of the Agreement to the Parties after 18 months. If the Parties determine to extend the Agreement, the additional term shall commence upon the end of the initial term. The Representatives will meet every six months during the additional term to coordinate implementation of the Agreement. The designated Representatives are:
CITY:
Name: Todd Trimble, City of Orinda
Director of Parks and Recreation
Address: 28 Orinda Way, Orinda
Phone: (925) 254-2445
E-mail [email protected]
DISTRICT:
Name: Stuart Watson, OUSD
Director of Facilities, Maintenance
and Operations
Address: 8 Altarinda Road, Orinda
Phone: (925) 536-9852
E-mail: [email protected]
C. Either Party may terminate this Agreement upon giving ninety (90) days written notice to the other Party. In the event of termination of the Agreement under this section, all rights to the Play Fields given to CITY pursuant to this Agreement shall revert to DISTRICT.
D. If either Party terminates this Agreement while a CITY deficit remains, the DISTRICT shall reimburse the CITY for the remaining deficit. A balance will be divided equally.
II. Use and Control of Fields
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 3 A. The DISTRICT has ultimate control of the Play Fields and shall have exclusive use, control of, and responsibility for the Play Fields during School Hours.
CITY shall have exclusive use, control of, and responsibility for the Play Fields during scheduled uses outside of School Hours except as otherwise provided herein. DISTRICT and CITY shall ensure adequate supervision of uses on the Play Fields during the periods of their respective exclusive use.
The City shall enforce all DISTRICT rules, regulations, and policies set forth in Exhibit B. Exhibit B may be modified by DISTRICT from time to time subject to consent of the CITY’s Representative, which consent shall not be unreasonably withheld.
B. “School Hours” means the period of time on School Days from 7:00 a.m. to 4:00 p.m. for Del Rey Elementary, Glorietta Elementary, Sleepy Hollow Elementary, and Wagner Ranch Elementary, and 7:45 a.m. to 5:00 p.m. for Orinda Intermediate School. If the DISTRICT and CITY agree, “School Hours” at a specific campus may be modified for a short, specific portion(s) of the school year. Exhibit C to this Agreement designates School Days for the first five (5) months of the initial term of this Agreement and any School Days that have School Hours other than as specified herein. DISTRICT shall provide CITY with regular updates to Exhibit C throughout the term of this Agreement at least three months in advance of the first date listed on the update. In general, “School Days" means days on which students and faculty are scheduled to be in attendance. In the event a summer school or extended year program is designated by the DISTRICT at one or more of the schools, the CITY and DISTRICT agree to work collaboratively and in advance on the appropriate use of the Play Fields.
C. The DISTRICT has provided all keys to the CITY that are required to access Play Fields for the purposes outlined in this Agreement.
D. The keys must be immediately surrendered upon termination or expiration of this Agreement. Keys shall not be duplicated by the CITY. The CITY shall notify the DISTRICT immediately in the event that any key is lost or stolen.
DISTRICT shall provide training as needed to the CITY’s employee(s) responsible for opening and locking Play Fields.
III. City Use and Scheduling of Fields
A. Responsibility for scheduling, control, and supervision of all authorized uses of the Play Fields outside School Hours rests with the CITY, including opening, closing, and general security of the Play Fields. CITY shall schedule use of the Play Fields in accordance with CITY standard policies and priorities for CITY recreation facilities during non-School Hours. Nothing in this Agreement shall be construed to prevent use by outside groups or organizations that request use and are approved for use of the Play Fields by F.3.a
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 4 CITY, in accordance with those policies and payment of fees and compliance with all use restrictions in this Agreement.
B. Play Fields may be accessed by CITY staff or representatives of a third-party user group for set-up fifteen minutes prior to the conclusion of School Hours. Use of Play Fields shall cease no later than thirty minutes after sunset.
C. Exceptions and other provisions related to the above hours of use are as follows:
1. DISTRICT shall have first priority for scheduling DISTRICT uses outside of School Hours when abiding by the reservation schedule noted below. In the event of an unanticipated change in schedule, the DISTRICT may request to preempt a third-party user group to facilitate a school sponsored activity or event (not OUSD’s Afterschool Enrichment uses). Such instances are anticipated to be infrequent, and both Parties agree to work collaboratively and as far in advance as possible on the impact of such DISTRICT use on any previously scheduled CITY use. Advance notice by the DISTRICT to the CITY of reservations for school uses outside of School Hours shall be made as far in advance as possible. To ensure first priority use, advance notice by the DISTRICT shall be provided to the CITY according to the following schedule:
(a) Reserved dates submitted to the CITY by the DISTRICT by October 15th of each year for dates occurring between January 1st and March 31st of the subsequent calendar year.
(b) Reserved dates submitted to the CITY to the DISTRICT by January 15th of each year for dates occurring between April 1st and June 30th of the same calendar year.
(c) Reserved dates submitted to the CITY by the DISTRICT by April 15th of each year for dates occurring between July 1st and September 30th of the same calendar year.
(d) Reserved dates submitted to the CITY by the DISTRICT by July 15th of each year for dates occurring between October 1st and December 31st of the same calendar year.
2. DISTRICT shall have exclusive use, control of, and responsibility for the Play Fields during periods of DISTRICT use outside School Hours.
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 5 3. DISTRICT acknowledges that City may rent fields, abiding by the process in the agreement, if a school fails to provide requests for Afterschool Enrichment programs by the established deadline.
D. CITY shall attempt to allocate scheduling of programs during non-School Hours based on the following (with "Priority A" receiving the first priority in scheduling, “B” receiving second priority, etc.):
1. Priority A- City of Orinda operated programs and activities.
2. Priority B- Programs operated by public/private schools in City of Orinda and groups with 50% or greater Orinda residents.
3. Priority C- Programs operated by non-profit organizations and public/private schools outside of Orinda and groups with less than 50% Orinda residents.
4. Priority D - Commercial and private use.
E. The CITY shall maintain a master calendar of all events scheduled outside School Hours and a copy of the calendar shall be provided to the DISTRICT upon request and/or the CITY shall provide viewing rights of the scheduling software to the DISTRICT. DISTRICT agrees to have school principals utilize and submit an annual scheduling form developed by the CITY in order for the CITY to create and maintain said master calendar.
F. The CITY shall comply with all applicable laws, regulations, and DISTRICT policies in its use of the Play Fields, including any applicable provisions of the California Education Code and the District’s Integrated Pest Management Plan.
IV. Maintenance
A. The CITY shall be responsible for ongoing maintenance of the Play Fields.
Maintenance shall be provided in a manner such that the Play Fields will not deteriorate from their current condition, subject to normal wear and tear.
Exhibit D documents the condition of the Play Fields at the time the original MOU was adopted.
B. Exhibit E sets forth maintenance standards for the Play Fields. This Exhibit may be updated from time to time upon the mutual agreement of the DISTRICT and CITY Representatives.
C. DISTRICT shall perform minor clean up during the school day adequate to begin recreation programming after that day’s School Hours. The CITY and/or F.3.a
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 6 third-party users shall perform minor clean up related to programmed activities outside School Hours.
D. Prior to use of any Play Field, the Party using the field shall inspect the field to ensure that it is suitable for the intended use. If any unsatisfactory conditions are identified, that Party shall adjust the intended use accordingly and notify the other Party of the condition. CITY shall promptly take action to remedy the unsatisfactory condition.
E. DISTRICT agrees to work with the CITY and the City’s contractor to address areas of overuse on a field(s); the City’s contractor will identify the areas and the CITY will work with the DISTRICT to temporarily relocate use away from the affected area. If unsuccessful and the need arises for essential turf repair or renovation, CITY and DISTRICT shall work together to determine how to allow the grass appropriate time to recover; if necessary, the field, or a portion thereof, will be closed temporarily.
F. DISTIRCT agrees to maintain efforts towards rodent abatement by retaining the services of a reputable company, particularly at the fields deemed to possess the highest need until the DISTRICT and CITY agree that a problem no longer exists; rodent eradication is essential for field renovation and maintaining appropriate field condition.
G. DISTRICT and CITY agree to pursue solutions to drainage issues, particularly at Orinda Intermediate School and Sleepy Hollow Elementary School by discussing at least annually and agreeing to expend funding on the most critical issues; current condition limits field availability, affecting both the DISTRICT and the City.
V. Expenses/ Revenues
A. There is no current deficit.
B. CITY shall account for revenues received in connection with third-party use of Play Fields and from OUSD. Those revenues shall be used in the following priority:
1. If a deficit exists at the end of a quarter, the quarterly payments will return to the previous amount of $10,000. When the deficit is erased, the quarterly payments will end.
2. Regular maintenance, including bi-annual aeration, overseeding, and fertilizing, by CITY.
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 7 3. Improvements to the Play Fields identified by mutual agreement of the DISTRICT and CITY representatives with a cost not to exceed $25,000 per year.
4. Reimbursement to DISTRICT of $45,000 per year to offset revenue no longer received from user groups; and
5. Any additional revenues shall be split equally between DISTRICT and CITY.
CITY shall provide DISTRICT a monthly report documenting revenues and expenses in connection with administration of this Agreement together with payment for amounts due as set forth above. An annual report and payment shall be submitted to District’s Representative no later than one month after the close of the annual reporting period (October 1). Fee adjustments, if any, shall be documented in the annual report from the CITY. The provisions of this section survive termination or expiration of this Agreement.
VI. Utilities
A. Utilities shall be procured by the DISTRICT and shall include the furnishing of water and other public utilities and for the removal of solid waste and recyclables associated with use of the Play Fields.
B. Trash collection will be the responsibility of all Play Field users. Should a user group outside of School Hours not perform satisfactory trash collection, CITY shall require that group to reimburse the DISTRICT for custodial time needed for trash collection. The DISTRICT shall invoice the group directly.
C. CITY and/or third-party users will arrange for portable toilets as needed and will be responsible for the cost of rental and regular servicing said toilets.
VII. Damage Directly Attributable to a Single Party
A. In the event that the CITY or a third-party user authorized by CITY breaks or damages any equipment or fixture on the Play Fields outside of School Hours and during authorized rental time, the CITY shall be responsible for the repair or replacement thereof using materials of equal quality to those damaged or destroyed as part of the maintenance obligations described in section V.A.1.
The DISTRICT shall have prior approval for repairs or replacement where the total cost of said repair or replacement exceeds $1,000, except when immediate repairs are necessary to correct a hazardous condition and prior DISTRICT approval is impractical to obtain.
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 8 B. In the event that the DISTRICT or a third-party user authorized by DISTRICT breaks or damages any equipment or fixture, the DISTRICT shall be responsible for payment for and performance of the repair or replacement thereof using materials of equal quality to those damaged or destroyed.
C. The above provisions do not apply to breakage or damage due to normal wear and tear of the facility. In these cases, the CITY shall make all necessary maintenance repairs and/or replacements in a timely manner.
VIII. Campus Security/Parking
A. Exhibit F includes DISTRICT’s rules with respect to campus security and parking outside of School Hours. The CITY will inform all users of these rules.
Exhibit F may be modified by DISTRICT from time to time subject to consent of the CITY’s representative, which consent shall not be unreasonably withheld.
B. CITY maintenance staff and CITY maintenance contractors will undergo and be cleared through appropriate background checks identified by DISTRICT representative prior to working on school property. The CITY and the DISTRICT representatives will jointly determine appropriate times at which on-campus maintenance work may take place.
IX. Indemnification
A. Each Party shall indemnify, defend, and hold harmless the other Party against and from any and all claims or suits for damages or injury arising from the indemnifying Party's performance of this Agreement or from any activity, work or thing done, permitted or suffered by the indemnifying Party in conjunction with the performance of this Agreement and shall further indemnify, defend and hold harmless the other Party against and from any and all claims or suits arising from any breach or default or any performance or any obligation of the indemnifying Party hereunder, and against and from all costs, attorneys' fees, expenses and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification. For purposes of this Section IX.A, references to “Party” shall include the relevant Party’s governing body and members thereof, employees, agents, and representatives.
B. The provisions of this section survive termination or expiration of this Agreement.
X. Liability Insurance
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 9 Each Party shall name the other Party as an additional insured on all liability insurance policies or self-insurance program which the Parties shall maintain in effect for the duration of this Agreement. Each Party shall provide to the other Party a Certificate of Insurance with a combined single limit of $2,000,000 for damage to persons or property.
XI. Amendment of Agreement
Any changes to this Agreement must be approved by the Orinda City Council or its designee and the Orinda Union School District Board of Trustees or its designee.
XII. Notice
All correspondence and notice to the Parties indicated herein shall be sent to the Parties as follows:
CITY DISTRICT
City Manager, City of Orinda Superintendent, Orinda Union School District
22 Orinda Way 8 Altarinda Drive
Orinda, CA 94563 Orinda, CA 94563
Any notice or other communication which either Party may desire to give to any other Party under this Agreement must be in writing and may be given by any commercially acceptable means, including via first class Certified Mail, personal delivery or overnight courier, to the Party to whom the notice is directed at the address of the Party as set forth above, or at any other address as that Party may later designate by Notice. Any notice shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first-class mail, Certified and postage prepaid, return receipt requested, and on the next business day if sent via nationally recognized overnight courier.
XIII. General Matters
A. The headings used herein are for reference only. The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California without regard to the choice of law or conflicts.
B. This Agreement is made in Contra Costa County, California. The venue for any legal action in state court filed by a Party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement shall be in the Superior Court of California, County of Contra Costa. The venue for any legal action in federal court filed by a Party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement lying F.3.a
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 10 within the jurisdiction of the federal courts shall be the Northern District of California.
C. Nothing contained in this Agreement shall be construed to create any rights in third Parties and the Parties do not intend to create such rights.
D. In the event that any Party commences legal action of any kind or character to either enforce the provisions of this Agreement or to obtain damages for breach thereof, the prevailing Party in such litigation shall be entitled to all costs and reasonable attorneys’ fees incurred in connection with such action.
E. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
F. This Agreement is binding on the heirs, successors and assigns of the Parties hereto; provided, however, that neither Party shall have the right to assign its rights or obligations under this Agreement without the prior written consent of the other Party.
G. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.
H. The persons indicated below are legally authorized to execute this Agreement on behalf of the respective Parties, and to bind the respective Parties to this Agreement.
I. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included.
XIV. Entire Understanding
This Agreement may be executed in counterparts and contains the entire understanding between the Parties hereto. No promise, representation, warranty or covenant not included in the Agreement has been or is relied on by any of the Parties hereto.
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) 11 IN WITNESS WHEREOF the Parties have executed this Agreement which shall become effective upon the date of the execution of the Agreement by all Parties. _____________________________________ _____________________________________ Linda Smith Date Aida Glimme Date
City Manager Superintendent of Schools
City of Orinda Orinda Union School District
Exhibit List
Exhibit A – List and Diagrams of Play Fields
Exhibit B – District rules, regulations, and policies for Play Fields Exhibit C – School Hour Calendar
Exhibit D – Initial Conditions of Play Fields
Exhibit E – Maintenance Standards
Exhibit F – Campus Security and Parking
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD)
ORINDA UNION SCHOOL DISTRICT
FACILITY USE RATES & TIMES
FIELD USE TIMES
Weekdays Saturdays Sundays
Elementary Schools 8:30 am – dark 8:30 am – dark 8:30 am – dark OIS 8:30 am – dark 8:30 am – 3:00 pm 9:30 am – 3:00 pm
WEEKDAYS FOLLOWING AFTER SCHOOL SPORTS (when school is in session) INDOOR USE TIMES (School in session)
Weekdays Saturdays Sundays
Elementary Schools 6:00 pm – 9:30 pm 8:00 am – 8:00 pm 8:00 am – 8:00 pm OIS 6:00 pm – 9:30 pm 8:00 am – 8:00 pm 8:00 am – 8:00 pm INDOOR USE TIMES (School not in session)
Weekdays Saturdays Sundays
Elementary Schools 7:00 am – 3:30 pm 7:00 am – 3:30 pm 7:00 am – 3:30 pm OIS 7:00 am – 3:30 pm 7:00 am – 3:30 pm 7:00 am – 3:30 pm
TYPE OF USE TYPE OF FACILITY CHARGE (PER HOUR)
Group 1:
School and district sponsored
programs and activities whose
membership is composed
exclusively of students from the
district.
A custodial charge will be made for
use of employees or other services
if activity is after regular school
hours.
Group 2:
Groups consisting of more than
50% Orinda students. A roster will
be required before application is
approved. Must provide tax
identification number.
Classroom
Multi-Purpose - Elementary
Multi-Purpose - OIS
Isola Gym
Kitchen
Field Use
Field Maintenance Fee
16.00 40.00
50.00 70.00
23.00 10.00
250.00/year
Group 3:
Groups consisting of less than 49%
Orinda students. A roster will be
required before application is
approved. Must provide tax
identification number.
Classroom
Multi-Purpose - Elementary
Multi-Purpose - OIS
Isola Gym
Kitchen
Field Use
Field Maintenance Fee
16.00 60.00
80.00 100.00
23.00 12.00
250.00/year
Group 4:
License Agreement:
City of Orinda or Parks and
Recreation Department.
Multi-Purpose (Elem/OIS)
Isola Gym
Kitchen
Fields & Classrooms
Field Maintenance Fee
13.00 13.00
13.00 8.00
250.00/year
Custodial Charge Weekdays
$45.00/day
Weekends
$45.00/hr (2 hr minimum)
Parking Lot Flat Rate: $55.00 (Plus Custodial Charge ~ 2 hour minimum) F.3.a
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) OUSD Bell Schedules
Schools Grades Early
Start/Release
Late Start/Release Wednesday
Schedule
Minimum Days
Glorietta
Del Rey
Sleepy Hollow
Wagner Ranch
TK
Kindergarten
Grades 1-3
Grades 4-5
8 a.m. – 11:30 a.m.
8 a.m. – 1:10 p.m.
8 a.m. - 1:55 p.m.
8 a.m. – 2:50 p.m.
No late start
8:45 a.m. – 1:55 p.m.
8:45 a.m. - 2:50 p.m.
No late start
8 a.m. – 11:30 a.m.
8 a.m. – 12:30 p.m.
8 a.m. - 1:10 p.m.
8 a.m. - 1:10 p.m.
8 a.m. – 11:30 a.m.
8 a.m. – 11:30 a.m.
8 a.m. -12:20 p.m.
8 a.m. -12:20 p.m.
Orinda
Intermediate
School
Grades 6-8 7:50 a.m. (Zero
Period)
8:45 a.m. – 3:30 p.m. 8:45 a.m. – 1:55
p.m.
8:45 a.m. – 1:05 p.m.
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Attachment: Fourth Amendment to the Memorandum of Understanding (3476 : Fourth Amendment Sport Field MOU with OUSD) City Council
Staff Report
Agenda Item: F.4
Date: December 3, 2024
Department: Parks and Recreation
AGENDA TITLE: Agreement with East Bay Municipal Utility District for Use of Property for the Orinda Sports Fields
RECOMMENDATION:
Approve the Agreement with East Bay Municipal Utility District and authorize the City Manager to execute the Agreement
BACKGROUND:
The City of Orinda and the East Bay Municipal Utility District (EBMUD) executed a Memorandum of Understanding (MOU) on June 30, 2005, regarding temporary recreational use of property owned by the EBMUD. Since 2005, subsequent amendments to the MOU were executed in 2010, 2015, 2018, and 2021.
The impetus behind the original MOU was to allow the City to continue its temporary use of the ball fields at Orinda Sports Fields (OSF), located on Camino Pablo, until the fields at Orinda Wilder Park were complete. However, the Orinda Sports Fields continues to remain a very important resource for both City programs and local sports organizations.
As part of the 2021 discussion with EBMUD, they indicated that they were not comfortable with future multi-year extensions as they contemplated the future use of their property. Instead, they offered continued use of the fields on a year-to-year basis and proposed a modest 3 percent rate increase for 2023 and in 2024. Other details of agreement would remain the same. The City Council authorized the City Manager to execute a one-year lease agreement with EBMUD most recently on December 5, 2023.
DISCUSSION:
As noted in the Background section of this report, Orinda Sports Fields continue to be an important resource for City programs and local sports organizations, even with the additional of Orinda Wilder Park. The utilization of the facility leads Staff to recommend a continued arrangement with EBMUD for the use of the fields. From purely a financial perspective, the City revenue earned from use of OSF exceeds direct operating expenses (landscaping, irrigation, lease).
The City and EBMUD have agreed to execute a new lease (Attachment A) which will allow the City to continue to operate Orinda Sports Fields for community use until at least December 31, 2025.
While Staff again requested a lease with renewing extensions, EBMUD indicated they are still in the process of evaluating the property for their own (or other) use. A decision F.4
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is expected in the coming year that would likely determine the facility’s future for the next several years. EMBUD reiterated if the pending decision is to not take over the land in the near term, they would consider a lease with automatic renewals following 2025 and they would provide ample notice if this lease cannot be renewed.
NEXT STEPS:
If the City Council approves the lease agreement, the City Manager will work with EBMUD on its execution.
FISCAL IMPACT:
The calendar 2025 lease term reflects a 3 percent rent increase, which amounts to $12,566 annually, $366 more than the previous year. Annual landscaping and irrigation costs amount to approximately $65,000 at the Orinda Sports Field complex. The Parks and Recreation Department typically generates about $50,000 in annual revenue from rental of the fields and receives approximately $30,000 annually in registration revenue for City-run programs occurring at OSF.
ATTACHMENTS:
A. Lease Agreement between EBMUD and the City of Orinda Respectfully Submitted by:
Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:
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A18-06.01 1
LEASE
BALLFIELDS
THIS LEASE, made and entered into this _____ day of _________________, 2024 by and between EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation organized and existing under the laws of the State of California, hereinafter called “Lessor”, and CITY OF ORINDA, hereinafter called “Lessee”,
NOW, THEREFORE, for and in consideration of the faithful performance and observance of the mutual covenants and agreements herein contained, the parties hereto agree as follows:
1. Premises. Lessor hereby leases to Lessee those certain premises situated in the City of Orinda, State of California, containing 7.11 acres, more or less, (also referred to as the “Fields”) as further depicted on the drawings marked EXHIBIT “A”, attached hereto (hereinafter sometimes referred to as the “Fields”).
2. Term. The term of this Lease shall be for one (1) year beginning on January 1, 2025 and ending on December 31, 2025.
3. Rent. Rent for the term of the lease shall be $12,566 paid by the Lessee to Lessor before January 1, 2025.
4. Use. The Fields shall be used by Lessee solely for public soccer, baseball, similar field sports, and related sports activities, and can’t be used for anything else other than what is specified herein. No Permanent structures shall be placed upon the Premises.
5. Maintenance.
A. Lessee shall have the right at its sole cost and expense to perform grading work, install irrigation and drainage structures, plant and maintain grass or other landscaping materials, place appropriate markings, fencing, goal posts, backstops, and similar temporary improvements directly related to the use of said Premises as permitted herein. Prior to the commencement of any of the work hereinabove mentioned or any other work or construction on said Premises by Lessee, Lessee must present its plans to Lessor for prior written approval, Lessee shall comply with all laws, regulations, and permit requirements (including, but not limited to, the California Environmental Quality Act) applicable to work performed or activities carried out on the property covered by this Lease. Lessee shall not allow any liens or encumbrances by reason thereof or otherwise, against the demised Premises, and will hold Lessor and the demised Premises free and harmless from any liability therefor.
B. Except in case of ordinary maintenance and emergency repairs, Lessee shall give to Lessor at least ten (10) days’ notice in writing before constructing, reconstructing, repairing, removing, or performing any work on or in connection with its uses of said Premises.
Lessor shall not be obligated to repair or maintain the demised Premises and will make no improvements or repairs except those deemed necessary in the opinion of Lessor. Furthermore, F.4.a
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Attachment: Lease Agreement between EBMUD and the City of Orinda (3466 : EBMUD Lease for Orinda Sports Fields) A18-06.01 2
Lessee hereby waives all right to make repairs at the expense of Lessor as provided in Section 1942 of the Civil Code of the State of California, all rights provided for by Section 1941 of said Civil Code.
C. Lessee shall maintain signs (i) acknowledging Lessor’s cooperation in providing the Premises and (ii) containing appropriate information regarding unauthorized use of the Premises including appropriate signs designating permitted uses by the general public, regulations governing such uses, and specifically prohibiting operation of unauthorized motor vehicles. Lessee shall be responsible for all law enforcement activities in connection with its use of the Fields. Lessee shall maintain the existing, six feet in height, cyclone fences along the northerly, easterly and southerly line of the Fields.
D. Lessee shall not conduct or permit to be conducted upon the Premises any business, commercial activity or other enterprises for monetary profit, but Lessee may charge appropriate fees for the use of the Fields.
6. Condition of Premises. Lessee shall maintain said Premises in a clean and presentable condition, free from waste or nuisance, and further agrees to comply with all of the requirements of all municipal, county, state and federal authorities now in force or which may hereafter be in force pertaining to said Premises at Lessee’s sole cost and expense, and if Lessee fails so to keep said Premises then, after thirty (30) days’ prior written notice specifying the needed work, Lessor may perform the maintenance work and the reasonable cost thereof shall be paid by Lessee upon demand. This is in addition to or lieu of any other remedies hereinafter set forth. Lessee shall be responsible for weed control over the entire portion of the Lessor’s property covered by this Lease. Lessee hereunder accepts the demised Premises as being in good and sanitary order, condition and repair, and agrees on the last day of said term or sooner termination of this lease to surrender to Lessor all and singular the demised premises with the appurtenances in the same condition as when received, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted.
7. Utilities. Lessor shall not be responsible for providing any utility services to the Fields and Lessee agrees to furnish at its own cost and expense and pay all charges for gas, electricity, water and other utility services used thereon prior to delinquency, and to hold Lessor and the demised Premises free and harmless from any liability therefor.
8. Indemnification. In the exercise of all rights hereunder, Lessee will have the entire responsibility for any and all injury to the public and to individuals. Lessee expressly agrees to indemnify, defend and hold Lessor, its directors, officers, and employees free and harmless from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorney’s fees, arising out of construction, maintenance, operation, and use of the Fields as provided under the terms of this Lease unless such loss and liability was caused by the sole negligence or willful misconduct of Lessor.
9. Liability Insurance. Lessee shall take out and maintain during the life of this Lease all the insurance required by this section, and shall submit unaltered and completed Certificates (attached) for review and approval by Lessor. The Lease shall not be executed by Lessor, and Lessee shall not enter the demised premises, until the Certificates have been approved F.4.a
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Attachment: Lease Agreement between EBMUD and the City of Orinda (3466 : EBMUD Lease for Orinda Sports Fields) A18-06.01 3
by Lessor. The certificates shall be the forms supplied by the Lessor (except as noted below for the Workers Compensation Insurance).
Acceptance of the certificates shall not relieve Lessee of any of the insurance requirements, nor decrease the liability of Lessee. Lessor reserves the right to require Lessee to provide insurance policies for review.
a) Worker’s Compensation Insurance: Lessee shall take out and maintain during the life of the Lease Workers Compensation insurance for all of its employees on the Demised Premises. In lieu of evidence of Workers Compensation insurance, Lessor will accept a Self-Insured Certificate issued from the State of California. Lessee shall require any agent and/or consultant to provide it with evidence of Workers Compensation Insurance coverage.
b) Public Liability Insurance: Lessee shall take out and maintain during the life of the Lease Automobile, Commercial General, and Pollution Liability Insurance policies that provide protection from claims which may arise from operations or performance under this Lease. If Lessee elects to self-insure (self-fund) any liability exposure during the Lease period above $50,000, Lessee is required to notify the Lessor immediately. Any request to self-insure must first be approved by the Lessor before the changed terms are accepted. Lessee shall require any agent and/or consultant to provide evidence of Automobile, Commercial General, and Pollution Liability Insurance coverages.
The amounts of insurance shall be not less than the following:
$2,000,000/ Occurrence, Bodily Injury, Property Damage – General Liability. $2,000,000/Occurrence, Bodily Injury, Property Damage – Automobile Liability. $2,000,000/Occurrence, Bodily Injury, Property Damage – Pollution Liability The following coverages or endorsements must be included in the policy(ies):
i. Lessor and its directors, officers, and employees are additional insureds in the policy(ies) as to the work being performed under this Lease; ii. The coverage is primary and non-contributory to any other insurance carried by Lessor;
iii. The policy(ies) cover(s) contractual liability;
iv. The policy(ies) is (are) written on an occurrence basis; v. The policy(ies) cover(s) Lessor's property in the Lessee’s care, custody and control;
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vi. The policy(ies) cover(s) personal injury (libel, slander, unlawful entry and eviction) liability;
vii. The policy(ies) cover(s) products and completed operations; viii. A policy to cover use of owned, non-owned, and hired automobiles and equipment;
ix. A policy shall cover pollution liability for claims related to the release or threatened release of pollutants into the environment arising out of or resulting from Lessee's performance under this Lease. A policy submitted on a “claims made” basis shall include a three-year tail with coverage limits remaining unchanged.
x. The policy(ies) shall not be canceled nor reduced unless 30 days' written notice is given to Lessor.
Failure of Coverage: Failure, inability or refusal of Lessee to take out and maintain during the entire term or terms of the Lease any or all of the insurance as aforesaid shall at the option of Lessor constitute an immediate breach of this Lease.
10. Prior Rights. All rights herein given to Lessee are subject to all existing rights, rights of way, reservations and easements by whomsoever held in and to said real property.
Lessor shall notify Lessee prior to the execution of this Lease of all existing rights, rights of way, reservations and easements, not of record, which affect said real property and are known by Lessor.
11. Successors and Assigns. Lessee’s right to assign this Lease shall be subject to the prior written consent of Lessor’s Real Estate Services Manager. Upon such condition, this Lease and each and all of the covenants herein contained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto.
12. Assignment. Lessee further agrees not to sell, transfer or assign this lease or any part thereof or interest therein, nor to sublet the whole or any part of the demised Premises without first obtaining the written consent of Lessor thereto. It is understood that any assignment or transfer by law shall be deemed a violation of this covenant against the assignment of this lease. Either (a) the appointment of a receiver to take possession of all or substantially all of the assets of Lessee or (b) a general assignment for the benefit of creditors, or (c) any action taken or suffered by Lessee under any insolvency or bankruptcy act shall likewise constitute a breach of this lease.
13. Default. It is understood and agreed that if Lessee fails to pay any installment of said rent as the same becomes due, or if default shall be made by Lessee in any of the covenants, agreements or terms herein contained on Lessee’s part to be performed other than the agreement to pay rent and if upon ten days’ written notice thereof to Lessee, Lessee shall fail or refuse to correct said last mentioned default, then Lessor at its option may re-enter the demised Premises and remove all persons therefrom, and in such event Lessor may at its option take possession of F.4.a
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Attachment: Lease Agreement between EBMUD and the City of Orinda (3466 : EBMUD Lease for Orinda Sports Fields) A18-06.01 5
said premises as the agent for the account of Lessee, and if it so elects may lease or rent the whole, or any part of said Premises, for the balance or any part of the term of this lease and retain all rents thus received and apply the same in payment on account of the rents for the account of Lessee; but the performance of any or all of said acts by Lessor shall not release Lessee from the full and strict compliance with all of the terms, conditions and covenants of this lease on Lessee’s part to be performed or observed and Lessee in such event agrees to forthwith pay any deficiency that may exist in the amount due hereunder after deducting said rents received, if any.
14. Legal Action. If Lessor shall bring any action in a competent court against Lessee arising out of or in violation of the terms of this lease by Lessee and shall prevail in such action, then Lessee shall pay to Lessor such reasonable attorney’s fees as Lessor may incur in such suit or action, to be taxed as costs therein by the court.
15. Entry. Lessor reserves the right to enter the demised premises at all reasonable times by its agents, employees and representatives to see that said property is being care for, that no waste is being made and that all things are done in the manner best calculated to the best preservation of the property. It is further understood and agreed that Lessor may enter the demised premises at all times to make borings, soil tests, engineering and geological surveys without objection by Lessee in the event that Lessee finds such last mentioned investigations unduly burdensome, Lessee’s sole remedy shall be to terminate this lease by giving the notice as hereinabove provided.
16. Binding. It is understood and agreed that, subject to the provisions of Paragraph 11, this lease shall be binding upon and inure to the benefit of the heirs, executors, administrators and permitted assigns of the respective parties hereto.
17. Notice. Any notice required or desired to be given or served hereunder shall be deemed properly given or served if sent by registered mail, postage paid, addressed to East Bay Municipal Utility District as Lessor at 375 Eleventh Street, Oakland, California 94607, or City of Orinda as Lessee at c/o Parks and Recreation Department, 28 Orinda Way, Orinda, California 94563 or at such other address as shall be last furnished in writing by one party to the other.
18. Waiver. The waiver by Lessor of any breach of any terms covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than failure of Lessee to pay the particular rental so accepted, regardless of Lessor’s knowledge of such preceding breach at the time of acceptance of such rent.
19. Termination.
a. If the District intends to terminate this lease at the end of the Term, the District will give the Lessee one hundred and eight (180) days prior notice in writing.
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Attachment: Lease Agreement between EBMUD and the City of Orinda (3466 : EBMUD Lease for Orinda Sports Fields) A18-06.01 6
b. At the termination of this Lease, the Lessee shall surrender to the District possession of the Premises in the same condition as it was at the beginning of the lease.
IN WITNESS WHEREOF, the parties have executed this lease, in duplicate, the day and year first above written.
EAST BAY MUNICIPAL UTILITY DISTRICT CITY OF ORINDA
By: By:
Matt Elawady
Manager of Real Estate Services Title:
LESSOR LESSEE
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Attachment: Lease Agreement between EBMUD and the City of Orinda (3466 : EBMUD Lease for Orinda Sports Fields) Exhibit AF.4.a
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Attachment: Lease Agreement between EBMUD and the City of Orinda (3466 : EBMUD Lease for Orinda Sports Fields) City Council
Staff Report
Agenda Item: F.5
Date: December 3, 2024
Department: Parks and Recreation
AGENDA TITLE: Ordinance Amending Section 12.28.230 of Orinda Municipal Code to Authorize Off-Leash Dog at Designated Areas of City Parks Consistent with Posted Regulations
RECOMMENDATION:
Introduce the Proposed Ordinance No. 24-03 By Title Only Waiving a Full Reading of Text
BACKGROUND:
The City of Orinda has six publicly maintained parks, none of which include a designated off-leash area, fenced or unfenced. Off-leash dogs are currently prohibited in City parks by the Orinda Municipal Code section 12.28.230(D).
On November 4, 2024, the City Council directed Staff to proceed with a pilot, off-leash dog program at Orinda Oaks Park and Open Space, with the intent to determine interest, utilization, and gather information that could inform the future discussions and recommendations regarding a permanent off-leash dog area. Staff indicated they would bring back an ordinance to make recommended changes to the City’s Municipal Code to allow dogs off-leash in designated open-space areas, consistent with proposed posted rules.
DISCUSSION:
The City Council intends, by adopting this ordinance, to create the opportunity for park visitors to allow their dogs off-leash in designated areas of City parks, consistent with posted regulations. The City Council intends for such regulations to be established pursuant to Orinda Municipal Code section 12.28.040 (Adoption of regulations), which states:
“Subject to review and approval by the Parks and Recreation Commission, the Director may adopt and shall post regulations governing the use of a park facility.
Each regulation shall be consistent with this chapter.” The City Council intends for the designated off-leash areas to be in City parks used for open space recreation, not in developed and/or programmed areas such as sports fields, tot lots, sand play areas, and picnic areas rented to the public. If the City constructs a fenced dog park in the future, off-leash dogs would be allowed at that amenity.
The proposed amendments would make the City of Orinda’s park regulations generally consistent with most park and recreation agencies in the region.
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NEXT STEPS:
If the Council introduces the ordinance, it will appear on the consent calendar at a future meeting for adoption. If the Council wishes to make changes before introducing the ordinance, Staff will make those changes and bring the item back at a future meeting.
FISCAL IMPACT:
No material fiscal impact associated with the proposed Ordinance changes.
ATTACHMENTS:
A. Ordinance 24-03 Authorize Off-Leash Dogs at Designated Areas of City Parks Consistent with Posted Regulations
Respectfully Submitted by:
Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:
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1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Ordinance 24-03
An Ordinance Amending the Orinda
Municipal Code Section 12.28.230 to
Authorize Off-Leash Dogs at Designated
Areas of City Parks Consistent with
Posted Regulations
WHEREAS, section 12.28.230(D) of the Parks Chapter of the Orinda Municipal Code generally prohibits off-leash dogs in City parks;
WHEREAS, section 12.28.230 of the Parks Chapter of the Orinda Municipal Code additionally prohibits dogs on all sports fields, tot lots and sand play areas, unless they are performing duties as service animals as required by the Americans with Disabilities Act and other similar laws; and
WHEREAS, the City Council would like to allow for limited off-leash dog access to certain park properties;
NOW THEREFORE, the City Council of the City of Orinda does ORDAIN as follows:
SECTION 1. The City Council of the City of Orinda intends, by adopting this ordinance, to create the opportunity for park visitors to allow their dogs off-leash in designated areas of City parks, consistent with posted regulations. The City Council intends for such regulations to be established pursuant to Orinda Municipal Code section
12.28.040 (Adoption of regulations), which states: “Subject to review and approval by the Parks and Recreation Commission, the Director may adopt and shall post regulations governing the use of a park facility. Each regulation shall be consistent with this chapter.” The City Council intends for the designated off-leash areas to be in City parks used for open space recreation, not in developed and/or programmed areas such as sports fields, tot lots, sand play areas, and picnic areas rented to the public. If the City constructs a fenced dog park in the future, off-leash dogs would be allowed in that amenity.
SECTION 2. The following section of the Municipal Code is amended as specified below and in Exhibit A. Exhibit A shows additions with double underline text and deletions with strike-out text.
Provision Action
Section 12.28.230(D) New text to be added as shown in Exhibit A F.5.a
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Attachment: Ordinance 24-03 Authorize Off-Leash Dogs at Designated Areas of City Parks Consistent with Posted Regulations (3467 : Off-leash 2 SECTION 3. This ordinance becomes effective 30 days after adoption.
SECTION 4. The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five (5) days before its adoption and again within 15 days after adoption.
Following a duly noticed public hearing, the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Orinda held on December 3, 2024 and was adopted and ordered published at a regular meeting held on January 7, 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_________________________________
Darlene K Gee, Mayor
ATTEST:
_________________________________
Sheri Smith, City Clerk
Exhibit A: Changes to Municipal Code
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Attachment: Ordinance 24-03 Authorize Off-Leash Dogs at Designated Areas of City Parks Consistent with Posted Regulations (3467 : Off-leash 3 Exhibit A: Changes to Municipal Code
12.28.230 - Animals.
It is a violation of this chapter to do any of the following acts in a City park:
A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot or throw a missile at an animal or remove the young, eggs or nest of an animal;
B. Abandon an animal, dead or alive;
C. Remove an animal one does not own;
D. Permit a dog owned or in one's possession in a City park, unless the dog is under complete control at all times by a leash, except that dogs may be allowed off leash in designated areas, consistent with posted regulations or; E. Permit a dog on a City sports field at any time, except as otherwise provided by subsection J. below;
F. Permit a dog owned or in one's possession to defecate on a public street, sidewalk, parkway or facility in a park without immediately removing the resulting excrement. A person shall properly dispose of the excrement by placement in a public refuse receptacle at the time of occurrence;
G. Permit a dog to go into City tot lots or sand play areas, except as otherwise provided by subsection J. below;
H. Permit cattle, sheep, goats, horses or other animals owned or in one's possession to graze within the boundaries of a City park without the prior written approval of the Director;
I. Ride or lead a horse, pony, mule, burro or other animal onto or over real property within a City park other than at times and upon roads or trails designated and posted for riding of animals;
J. Notwithstanding the above, where required for compliance with the Americans with Disabilities Act and other similar laws, this section shall not apply to any service animal used to assist a person with a disability.
1846449.1
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Attachment: Ordinance 24-03 Authorize Off-Leash Dogs at Designated Areas of City Parks Consistent with Posted Regulations (3467 : Off-leash City Council
Staff Report
Agenda Item: F.6
Date: December 3, 2024
Department:
Public Works and
Engineering Services
AGENDA TITLE: Contract Change Order #1 with Cowan & Thompson Inc. for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, Project No.: 4076 RECOMMENDATION:
Approve Contract Change Order #1 with Cowan & Thompson, Inc. to increase the contract value by $40,889 to a new total contract amount of $120,000 and authorize $20,000 (17%) in contingency and approve Budget Change Form #004-25 appropriating $20,000 from the Transportation Impact Fee Fund.
BACKGROUND:
At the City Council meeting on November 4, 2024, the City Council awarded a contract (Attachment A) for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, Project No.: 4076 to Cowan & Thompson Inc. for $79,111.04 with $15,888.96 in contingency (20%) for a total potential contract value of $95,000.
The subject pathway is on the east side of Camino Pablo from Manzanita Drive to the Orinda Sports Field parking lot at (at Los Amigos Ct.). The work to be performed generally consists of removal of the asphalt concrete pathway, widening of the pathway to eight feet and repaving with hot mix asphalt.
The pathway surface rehabilitation work is needed to maintain this aging facility for heavy pedestrian and bicycle use. The project is on the “Top 10” list for bikeways, trailer, and pedestrian walkways and was selected for a Transportation Development Act (TDA) grant in the amount of $120,000.
Work on the improvements and expansion of the Pathway is scheduled to begin the week of December 2, 2024.
DISCUSSION:
Since the City was awarded more funding than the contract value, Staff reviewed options for fully utilizing the available grant funding. A convenient option would be to include additional pathway repair work and extending limits of the pathway rehabilitation. Staff reviewed pathway conditions adjacent to the project area and found areas that warrant immediate repair work. Staff asked Cowan & Thompson if they would be able to include these areas as part of the subject contract, and they indicated they could perform such work. This will require Contract Change Order #1, in an amount of $40,889. Approval by the City Council is required, as this amount exceeds the currently authorized $15,888.96 contingency.
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It is also recommended that a net contract contingency of $20,000 (17% of the new contract value) be allowed for, by appropriating $20,000 from Transportation Impact Fees (Fund #205). Fund #205 was always contemplated to be a small funding source for this work in the Capital Improvement Program and has available fund balance to accommodate this budget adjustment for potential changes or unforeseen changes in conditions.
NEXT STEPS:
Upon City Council approval, Contract Change Order #1 will be finalized and sent to the City Clerk for processing. An appropriation of $20,000, as described above, will be made available by a Budget Change Form 004-25 (Attachment C).
At the conclusion of the work and acceptance of the contract, Staff will prepare an invoice to MTC for TDA grant reimbursement.
FISCAL IMPACT:
The project is funded from a combination of 263 Transportation Development Act (TDA) and 205 Transportation Impact Fees (see CIP detail, Attachment B). The above actions increase the CIP construction project budget by $20,000 and requires an additional appropriation of $20,000 from Fund #205 as presented on Budget Change Form 004-25 is funded from a combination of 263 Transportation Development Act (TDA) and 205 Transportation Impact Fees (see CIP detail, Attachment B).
ATTACHMENTS:
A. Cowan & Thompson Original Agreement
B. Capital Improvement Project #4076 - Camino Pablo Pathway Rehabilitation Project C. Budget Change Form #004-25
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Ryan Okane, Senior Engineer
Approved by:
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F.6.a
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Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
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Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
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Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
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Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
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Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 100 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 101 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 102 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 103 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 104 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 105 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 106 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 107 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 108 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 109 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 110 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 111 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 112 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 113 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 114 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 115 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 116 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 117 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 118 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 119 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 120 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 121 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 122 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 123 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 124 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 125 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 126 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 127 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 128 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino F.6.a
Packet Pg. 129 Attachment: Cowan & Thompson Original Agreement (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino Capital Improvement Plan
City of Orinda, California
'22/'23 thru '27/'28
Pavement rehabilitation of Camino Pablo pathway from Manzanita Dr. to Los Amigos (Orinda Playing Fields).
In response to the City's TDA grant application, this project was awarded $120,000 in July 2021. Grant expenditure deadline is 6-30-2024.
City Staff would perform construction management and inspection Justification
Pavement rehabilitation work is needed to maintain this aging facility for heavy pedestrain use. The project is on the "top 10" list for bikeways, trails and walkways and was selected by TSAC for submission for a TDA grant. .
Description
Project # 4076
Useful Life 15
Project Name Camino Pablo Pathway Rehabilitation
Category TRANSPORTATION / DRAIN
Type BIKEWAYS / WALKWAYS
Contact Public Works (925) 253-4231
Department PUBLIC WORKS
Total Project Cost: $159,000
Expenditures '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 7125 Design Contracts 55,00055,000
7127 Construction Costs 95,00095,000
To 150,000 150,000 tal
Prior
9,000
Total
Funding Sources '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 205 Transportation Impact 30,00030,000
Fees
263 Transportation 120,000120,000
Development Act (TDA)
To 150,000 150,000 tal
Prior
9,000
Total
Wednesday, June 14, 20232022/23-2027/28 CIP
49 F.6.b
Packet Pg. 130 Attachment: Capital Improvement Project #4076 - Camino Pablo Pathway Rehabilitation Project (3468 : Approve Contract Change Order with
CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2024-25
Funds Appropriated Mid-Cycle Budget Adjustment Adopted 6/18/2024 CHANGE FORM # 004-25
New Appropriations (City CouncilApproval Required): Budget Transfers:
X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget
GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:
BUDGET ACCOUNT
(Revenue / Expense)
INCREASE
AMOUNT
DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2024-25:
205-35-00-7127-4076
TRANSPORTATION IMPACT FEE / PUBLIC WORKS / NO PROGRAM /
CONSTRUCTION COSTS/CAMINO PABLO PATHWAY
$20,000
As Presented at the City Council Meeting on: December 3, 2024 #################(Finance Use Only)###################
NOTE: FY 2023 Not In System – NEED TO INCORPORATE WITH MID-CYCLE ADJ Posted By: Date:
REASON FOR BUDGET CHANGE ENTRY: At the City Council meeting on December 3, 2024, the City Council was presented with changes to the adopted Budget of CIP Project #4076 Camino Pablo Pathways Project relating to additional work described in the staff report and accompanying documents.
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Packet Pg. 131 Attachment: Budget Change Form #004-25 (3468 : Approve Contract Change Order with Cowan & Thompson Inc. for the Camino Pablo Pathway City Council
Staff Report
Agenda Item: F.7
Date: December 3, 2024
Department:
Public Works and
Engineering Services
AGENDA TITLE: Approve a Grant Application for Glorietta Boulevard and Martha Road Intersection Improvements to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2025-2026 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Funding
RECOMMENDATION:
Approve a Transportation Development Act grant application for the Glorietta Boulevard and Martha Road Intersection Improvements, find the project categorically exempt with respect to CEQA and direct a Notice of Exemption be filed with the County Clerk, by adopting Resolution No. 49-24, in a format specified by the grant requirements.
BACKGROUND:
Transportation Development Act (TDA) funds are designated by the Metropolitan Transportation Commission (MTC) for pedestrian and bicycle facility improvements to encourage non-automobile modes of transportation. The MTC requires the City Bicycle Advisory Committee and the City Council to approve the selected TDA grant application project.
The Orinda Traffic Safety Advisory Committee (TSAC) is the designated Bicycle Advisory Committee for Orinda. TSAC recommended the Glorietta Boulevard and Martha Road Intersection Improvements on October 21, 2024 for the TDA grant application to the City Council. The application seeks grant funds for improvements including elevating the intersection and connecting it to the sidewalks on each side with ADA-compliant ramps as shown in the attached map and plan sheet (Attachment B).
DISCUSSION:
Staff has prepared the TDA grant application for the Glorietta Boulevard and Martha Road Intersection Improvements. The Glorietta Boulevard and Martha Road Intersection Improvements project will enable more elementary school students to walk and bike to school safely. Most students are dropped off by a family member by vehicle.
The two, seven-stall bike racks are always full. Few students walk or take the bus.
According to the School’s Director of Facilities, Maintenance, and Operations, there are two primary reasons more students don't walk or bike: 1) concerns about traffic safety and 2) parents dropping them off on their way to work. There is great concern about traffic congestion and speeding through the intersection of Glorietta Boulevard and Martha Road and therefore the improvements at the intersection address concerns about traffic calming and safety.
Currently, there are two crosswalks at the three-way intersection of Glorietta Boulevard and Martha Road. At Martha Road, crossing east to west, there is a stop sign, highF.7 Packet Pg. 132
visibility (ladder) crosswalk and ADA-accessible ramps at the sidewalk at both sides of the road. At the southern side of the intersection across Glorietta Boulevard, there is a stop sign, high-visibility (ladder) crosswalk, accessible ramps on the west side and landing on the east side of Glorietta Boulevard.
The Project follows Orinda’s Bicycle, Trails and Walkways Master Plan Goals 2 and 3 by increasing pedestrian and bicycle trips in Orinda and Goal 5 by applying for bikeway, trail, and walkway grants from local, regional and state funding sources.
The Project improves pedestrian and bicycle safety at the crosswalks across Glorietta Boulevard and Martha Road. Improvements include elevating the intersection and connecting it to the sidewalks on each side with ADA-compliant ramps. Yellow high visibility striping, truncated domes, and bollards will guide traffic at the intersection.
Traffic signs will be relocated. The Project includes:
• Remove 3,950 SF 2” HMA,
• Install 3,950 SF 6” Asphalt Pavement,
• Install 1 manhole cover, Raise 1 Water Valve Cover,
• Reconstruct 3 curb ramps,
• Install 75’ truncated domes,
• install 14 bollards,
• Striping and Signage
The Glorietta Boulevard and Martha Road Intersection Improvements design and construction costs are estimated to be $370,000. It should be noted that this project was discussed in the past with MOFD (as it may impact their response times) and while they would require review (for roadway modifications of this type) they would not have objections in this case.
Staff has prepared the grant application (Attachment A) for a $370,000 project with a raised intersection at Glorietta Boulevard and Martha Road. The application includes a project description, cost estimate, map and Resolution No. 49-24. The application requests TDA funding in the amount of $250,000, with the remaining $120,000 covered by Traffic Impact Fees and in-kind services for Staff project management.
The MTC allocation for the TDA grant varies annually. MTC has not notified Contra Costa County of the amount of funding available for bicycle and pedestrian projects for fiscal year 2025-26. Last year's (2024-25) total allocation was approximately $1,100,000. Generally, most agencies who are awarded grants receive funding ranging between $25,000 and $150,000 per project. It is possible that an award for less than the request is granted which will require the City to identify additional funding sources to proceed with the project. There is potentially a $220,000 project balance remaining that may utilize the Transportation Impact Fees (Fund #205) if needed.
Staff has evaluated the subject project with respect to CEQA and recommends that it be found categorically exempt under Section 15301 Class 1 (c) “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines.
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Final applications are due to the County and TDA Subcommittee on January 30, 2025.
A field review will be conducted by the TDA Subcommittee in February 2025, to evaluate the competing projects in Contra Costa County and recommend zero, partial or full grant funding for submitted projects. The grant funding recommendation is anticipated to be presented at the Mayor’s Conference in April 2025 and County’s Board of Supervisors approval in May 2025. Lastly, the final recommended applications will be forwarded to MTC for allocation approval in June 2025. Historically, MTC does not formally approve the project list and funding allocation until late summer or early fall. If the project is recommended for TDA grant allocation, the project funding will be updated in the Capital Improvement Plan for FY 2025-26.
NEXT STEPS:
Staff will file the CEQA Notice of Exemption (Attachment C) with the County Clerk; submission of the filed Notice is required as part of the application process. The complete application will be submitted to the County before final applications are due on January 30, 2025.
FISCAL IMPACT:
The project is listed in the current CIP budget as Project No. 4191, Glorietta SRTS Raised Crosswalks at Martha with a budget of $340,000 listed as awaiting funding from 260 Grants: State (Attachment C) for the 2025-26 fiscal year. It is likely the City will not be awarded the full $250,000 requested for TDA funding, and therefore additional local funding would be needed to supplement the grant funding. For example, if $150,000 is awarded, the City would need to use other funding to make up the difference of $100,000 in addition to the $120,000 of non-TDA funding mentioned earlier in this report ($370,000 - $150,000 = $220,000). One option could be using available funds from the Transportation Impact Fees (Fund #205).
ATTACHMENTS:
A. Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding
B. Notice of Exemption - CEQA
C. Capital Improvement Project # 4191 - Detail Sheet
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Ryan Okane, Senior Engineer
Approved by:
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Request to the Metropolitan
Transportation Commission for the
Allocation of Fiscal Year 2025-
2026 Transportation Development
Act Article 3 Pedestrian/Bicycle
Project Funding for the Glorietta
Boulevard and Martha Road
Intersection Improvements
)
)
)
) Resolution No. 49-24
)
)
)
)
)
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Orinda desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; and
WHEREAS, Staff has evaluated the subject project with respect to CEQA and recommends that it be found categorically exempt under Section 15301.c “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines.
NOW THEREFORE BE IT RESOLVED, that the City Of Orinda declares it is eligible to request to the Metropolitan Transportation Commission an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it
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Packet Pg. 136 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard
RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Orinda to carry out the project; and furthermore, be it RESOLVED, that the project has been reviewed by the Traffic Safety Advisory Committee which acts as the Bicycle Advisory Committee (BAC) of City of Orinda; and furthermore, be it
RESOLVED, that the City of Orinda attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
RESOLVED, that of the City of Orinda finds the subject project categorically exempt under Section 15301.c “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines and directs that a Notice of Exemption be filed with the County Clerk.
The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Orinda held on the 3rd day of December, 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________
Darlene K. Gee, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
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Packet Pg. 137 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard
Attachment A Page 1
Resolution No. 49-24
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2025-2026 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings
1. That the City of Orinda is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Orinda legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2. That the City of Orinda has committed adequate staffing resources to complete the project(s) described in Attachment B.
3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).
4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.
5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).
7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City Of Orinda within the prior five fiscal years.
8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.
9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.
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Packet Pg. 138 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard
Attachment A Page 2
10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).
11. That the City Of Orinda agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.
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Packet Pg. 139 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard Attachment B Page 1
Resolution No. 49-24
Attachment B
TDA Article 3 Project Application Form
1. Agency City of Orinda
2. Primary Contact Ryan O’Kane
3. Mailing Address 22 Orinda Way, Orinda, CA 94563
4. Email Address [email protected] 5. Phone Number 925-253-4282
6. Secondary Contact
(in the event primary is
not available)
Siva Natarajan, City Engineer
7. Mailing address
(if different) N/A☒
8. Email Address [email protected] 9. Phone Number 925-253-4524
10. Send allocation
instructions to
(if different from above):
N/A
11. Project Title Glorietta Boulevard and Martha Road Intersection Improvements
12. Amount requested $200,000 13. Fiscal Year of Claim 2025-2026
14. Description of Overall Project:
15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:
The Project improves pedestrian and bicycle safety at the crosswalks across Glorietta Blvd and Martha Rd.
There is great concern about traffic congestion and speeding through the intersection of Martha Rd and Glorietta Blvd. Improvements address concerns about traffic calming and safety. Improvements include elevating the intersection and connecting it to the sidewalks on each side with ADA-compliant ramps.
Yellow high visibility striping, truncated domes, and bollards will guide traffic at the intersection. Traffic signs will be moved. The project will benefit families walking to and from Glorietta Elementary School. See attached map and plan layout.
Project elements for which TDA funding is being requested includes construction and contingency. Please see the anticipated project budget in the table below.
See Map in Attachment C
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Packet Pg. 140 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard Attachment B Page 2
Project Relation to Regional Policies (for information only)
17. Is the project in an Equity Priority Community? Yes☐ No☒
18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒ Project Budget and Schedule
PROJECT PHASE TDA 3 OTHER FUNDS TOTAL COST ESTIMATED COMPLETION (MONTH/YEAR)
BIKE/PED PLAN
ENV
PA&ED
PS&E $ 70,000 $ 70,000 December 2025
ROW
CON $250,000 $ 50,000 $300,000 October 2026
TOTAL COST $250,000 $120,000 $370,000
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.
Traffic Safety Advisory Committee Regular Meeting, 10/21/2024 Meeting Minutes: (To Be Provided with Application Submittal) If "NO," provide an explanation).
B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?
2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. Categorical Exemption, 15301 Class 1 (c) N/A☒ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.
F. Estimated Completion Date of project (month and year): _October 2026______ F.7.a
Packet Pg. 141 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard Attachment B Page 3
G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.
H. Is a Complete Streets Checklist required for this project? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets F.7.a
Packet Pg. 142 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard Attachment C Page 1
Resolution No. 49-24
Attachment C
Glorietta Boulevard and Martha Road Intersection Improvements Map
PROPOSED
INTERSECTION
IMPROVEMENTS
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Packet Pg. 143 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard
STOP STOP
STOP STOP
BENCH MARK REFERENCE
CALIFORNIA
DEVELOPMENT SERVICES DEPARTMENT
CITY OF ORINDA
CASE
DATE
SHEET __________ OF __________ DWG.
CITY ENGINEER
APPROVED BY
BY APP.
SCALE
REVISED
DESIGNED C. HIGBEE
NO.
CHECKED
DRAWN
DATER. SABINIANO
J. BHATTACHARYA
04-29-22
DRAFT 1
NOT FOR
CONSTRUCTION
GLORIETTA BLVD & MARTHA RD
INTERSECTION IMPROVEMENTS
1 PROJECT NOTES (THIS SHEET ONLY):
FURNISH AND INSTALL YELLOW HIGH VISIBILITY LADDER CROSSWALK RELOCATE EXISTING R1-6 WITH S4-3P SIGN AND POST
FURNISH AND INSTALL 3'x10' YELLOW ADA-COMPLIANT TRUNCATED DOME SET IN CONCRETE PER CITY STANDARDS
FURNISH AND INSTALL WHITE THERMOPLASTIC CHEVRON MARKING
FURNISH AND INSTALL NEW RAISED CROSSWALK
RECONSTRUCT EXISTING ADA CURB RAMP FOR ACCESSIBILITY
FURNISH AND INSTALL BOLLARDS IN CONCRETE PER CITY STANDARDS from
TO
GLORIETTA BLVD.
N MARTHA RD.
4"
HMA OVERLAY
EXISTING ROADWAY
FOLLOW HIGHWAY GRADE AT MIDBLOCK,
4.5% MAX. WITHOUT YIELD OR STOP CONTROL,
1.5% MAX. WITH YIELD OR STOP CONTROL.
RAISED CROSSWALK DESIGN
TS-1
CONSTRUCTION NOTES (THIS SHEET ONLY):
1. CONTRACTOR SHALL PROTECT ALL EXISTING STRIPING IN PLACE.
2. PLANS SHALL CONFORM WITH THE CURRENT CITY OF ORINDA STANDARDS.
3. PLANS SHALL CONFORM WITH THE 2018 CALTRANS STANDARDS.
4. PLANS SHALL CONFORM WITH THE LATEST 2014 CA MUTCD STANDARDS. 1"=10'
8' 10' APPROX. 70' 10' 8'
8'
10'
8' APPROX. 70' 10' 8'
APPROX. 35'
5'
5'
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Packet Pg. 144 Attachment: Resolution 49-24 Requesting MTC Allocation of FY 2025-26 TDA Article 3 Project Funding (3471 : TDA 3 Grant Glorietta Boulevard and Martha Road Intersection Improvements) Notice of Exemption
To: County Clerk
County of Contra Costa
555 Escobar St.
□ Martinez, CA 94553
From: City of Orinda
22 Orinda Way
Orinda CA 94563
Project Title: Glorietta Boulevard and Martha Road Intersection Improvements Lead Agency & Applicant: City of Orinda
Project Location – Specific: Intersection of Glorietta Boulevard and Martha Road Project Location – County: Contra Costa
Project Location – City: Orinda
Description of Nature, Purpose, and Beneficiaries of Project:
The Project improves pedestrian and bicycle safety at the crosswalks across Glorietta Blvd and Martha Rd. There is great concern about traffic congestion and speeding through the intersection of Martha Rd and Glorietta Blvd. Improvements address concerns about traffic calming and safety. Improvements include elevating the intersection and connecting it to the sidewalks on each side with ADA-compliant ramps. Yellow high visibility striping, truncated domes, and bollards will guide traffic at the intersection. Traffic signs will be moved. The project will benefit families walking to and from Glorietta Elementary School.
Name of Public Agency Approving Project: City of Orinda Name of Person or Agency Carrying Out Project: Department of Public Works and Engineering Services
Exempt Status: Categorical Exemption, 15301 Class 1 (c) Reason Why Project is Exempt:
Section 15301, Class 1, consists of minor alterations of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the determination. Section (c) includes existing streets and bicycle facilities. This project involves minor alteration to existing street facilities, with no expansion in use.
Lead Agency Contact Person: T. Ryan O’Kane, Senior Engineer Telephone: 925-253-4282
Signature: ____________________________________ Date: _December 4, 2024______ F.7.b
Packet Pg. 145 Attachment: Notice of Exemption - CEQA (3471 : TDA 3 Grant Glorietta Boulevard and Martha Road Intersection Improvements) Capital Improvement Plan
City of Orinda, California
'23/'24 thru '27/'28
Description
Construct raised intersection at Glorietta/Martha, adjacent to Glorietta Elementary School.
An application for this project was submitted in June 2022 for a State ATP (cycle 6) grant, under the SRTS category, however was not slected.
This is a placeholder for the project in the event other funding opportunities arise. No local match is requred for the ATP program.
Project # 4191
Justification
Improves pedestrian safety for residents and school users by raising height of crosswalks to match sidewalks at the intersection Useful Life 20
Project Name Glorietta SRTS Raised Crosswalks at Martha Category TRANSPORTATION / DRAIN
Type IMPROVEMENTS
Contact Public Works (925) 253-4231
Department PUBLIC WORKS
Total Project Cost: $340,000
Expenditures '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 7125 Design Contracts 65,000 65,000
7127 Construction Costs 250,000 250,000
7126 Construction 25,000 25,000
Management
To 65,000 275,000 340,000 tal
Funding Sources '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 260 Grants: State 65,000 275,000 340,000
To 65,000 275,000 340,000 tal
2022/23-2027/28 CIP Tuesday, June 25, 2024
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Packet Pg. 146 Attachment: Capital Improvement Project # 4191 - Detail Sheet (3471 : TDA 3 Grant Glorietta Boulevard and Martha Road Intersection City Council
Staff Report
Agenda Item: G.1
Date: December 3, 2024
Department: City Council
AGENDA TITLE: Appeal of the Planning Commission’s Decision to Deny a Design Review and Exception Permit Application (DRA-2024-001, EXC-2024-004) RECOMMENDATION:
Adopt Resolution No. 48-24 to approve the Design Review and Exception Permit applications, DRA-2024-001 and EXC-2024-004, to construct 499 adjusted square feet in additions (448 square feet of additions to the living space on the first level, along with a 67 square-foot front porch and 134 square-foot back porch) to an existing, 2,978 adjusted square-foot, two-story, single-family residence; with a portion of the additions within the side yard with street frontage setback, subject to the conditions of approval included in the resolution.
BACKGROUND:
On January 22, 2024, the Applicant, Eason Yuan, on behalf of the owner, Xiuzhi Wang, submitted Design Review and Exception Permit applications for 130 Fiesta Circle. The Applicant seeks to expand the home by and adjust 499 square feet to an existing 2,978 square foot, two-story single-family residence, resulting in an adjusted 3,477 square foot home. Design Review is required as the additions will cause the home to further exceed the maximum floor area, and an Exception Permit is required as the addition on the north side of the home is located within the side yard (with street frontage) setback.
Following the internal review, Staff provided a 10-day Development Notice to neighbors within 300-feet of the proposed project on June 18, 2024. Six days later, Staff received emails from two members of the public, who received the Development Notice, in opposition to the project, expressing interest in requesting a public hearing (see Attachment I. Zoning Administrator Correspondence). On June 28, 2024, Bradley Mozee provided a Zoning Administrator Public Hearing Request and submitted the fee to request a Public Hearing for the proposed project. The hearing was set for August 15, 2024.
At the Zoning Administrator Hearing, Staff presented the proposed changes to 130 Fiesta Circle with several members of the public speaking in favor of and against the project. The Zoning Administrator concluded the hearing and on August 23, 2024, issued a Statement of Official Action (ZA-SOA-2024-32), approving DRA-2024-001 and EXC-2024-004 with conditions of approval.
On September 3, 2024, the Zoning Administrator’s decision was appealed by Bradley Mozee to the Planning Commission. Staff noticed the appeal hearing on October 10, setting a date of October 22, 2024. During that noticing period, one email in opposition was received on October 17.
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The Planning Commission held the hearing as planned and after receiving presentations from Staff, the Applicant and providing an opportunity for the public to comment, the Commission voted 5-1-1 to deny the project.
On October 31, 2024, the City received a request to appeal to the City Council by the Applicant. The hearing was noticed on November 21, 2024, and was set for December 3, 2024.
DISCUSSION:
The project at 130 Fiesta Circle includes applications to construct 448 square feet of additions to the living space on the first level, along with a new 67 square-foot front porch and a new 134 square-foot back porch. Design Review approval is required because the proposed additions exceed the applicable floor area (FA) without going through the Design Review process as specified in Orinda’s Municipal Code. It should be noted that the existing square footage of the home already exceeds the established FA. In addition, the Applicant has applied for an Exception Permit because a portion of the proposed additions (70 square feet) is located within the side yard with street frontage setback. This addition would fill in a recess and would not get closer to the property line than the existing home.
There is an existing fence that separates the property from Rae Court which appears to be taller than allowed by code. The fence will be addressed separately from this project, either by the Applicant/Owner filing for and obtaining an Exception Permit or by bringing the fence into compliance with Orinda Municipal Code.
Table 1, Floor Area Distribution, itemizes the square footage for the different areas of the resulting proposed residence and provides the adjusted floor area calculation for the lot.
Table 1. Floor Area Distribution
Areas Existing
(Square-feet)
Proposed
(Square-feet) Net Change
Lower Floor 2,351 2,799 +448
Upper Floor 591 591 0
Carport/Garage 436 436 0
Covered Front Porch 0 67 +67
Covered Back Porch 0 134 +134
Gross Floor Area 3,378 4,027 +649
Garage Credit (§17.6.4[A]) 400 400 -
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Covered Porch Adjustment 150 150
Adjusted Floor Area 2,978 3,477 +499
Floor Area Allowed by Orinda
Municipal Code schedule 17.6.8 2,300 Square-feet
Scope of Review
The zoning regulations applicable to the proposed project have been summarized in Table 2, Development Review Compliance. Compliance with applicable standards is indicated by a “✓” in the “Status” row or column. If a standard is not met, it is indicated by a “” in the “Status” column. If an exception or a variance for a particular standard is being requested, said exception is indicated by “⎯” in the “Status” column.
Table 2. Development Review Compliance
§17.4 – Residential District Base Development Regulations (RL-10 District) Parking Required Proposed Status
Enclosed Spaces 2 2 ✓
Unenclosed Spaces 2 2 ✓
Minimum Setbacks
(Feet) Required Proposed Status
Front Yard 20 10’ – 6” (unchanged)
X (legal nonconforming)
Side Yard 10 9’ – 7”
(unchanged)
X (legal nonconforming)
Side Yard with Street
Frontage 20 5’ (unchanged)
⎯
(Exception Permit
Requested)
Aggregate Side Yard 20 14’ – 7” (unchanged) X (legal nonconforming) Rear Yard 10 26’ – 9” ✓
Heights (Feet) Maximum Allowed Proposed Status
Building 27 21’ – 10.25” ✓
Aggregate 35 21’ – 10.25” ✓
Stories 2.5 2 ✓
§17.6 – Residential Floor Area
Allowed Square Footage (§17.6.8) Proposed Square Footage Status G.1
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No single-family residence on a lot of less
than twenty thousand (20,000) square feet
may exceed the values shown on the
schedule found in Section 17.6.8 titled
"Maximum Allowable Home Size Without
Design Review Approval for Lots Less Than
20,000 Square Feet". (Max 2,300 square
feet for this parcel)
3,477 adjusted square-feet
(4,027 gross square-feet)
⎯
(Design Review
Requested)
§17.30.5 – Basic Design Review Standards
Required Status
§17.30.5 of the OMC findings requires that the development blend with the site and surroundings; be architecturally in scale and compatible with surrounding residences; provide landscape screening; and be sensitive to surrounding residences.
Subject to City Council
discretion and review.
Zoning District Requirements
The subject property is in the RL-10 (Residential Low Density – 10,000 square foot minimum lot size) Zoning District. The proposed project complies with the quantitative criteria of Title 17, Zoning of the OMC or has requested an Exception Permit. It should be noted that the quantitative criteria are not entitlements and at the Zoning Administrator’s discretion, more restrictive standards may be applied to meet the objectives of Title 17 and the spirit and intent of the City’s General Plan.
Residential Floor Area
Section 17.6, Residential Floor Area, of the OMC is intended to preserve the established characteristic of Orinda’s residential setting, assure that development responds to the limitations created by the parcel size and topography, minimize the impact that the development might have on the site and its surroundings, and limit the environmental damage of tree removal and grading. At the same time, §17.6 of the OMC also recognizes the need to expand the range of home sizes to accommodate growing needs as well as diversify the residential development palette.
To evaluate the proposed project’s relative size, Staff analyzed the surrounding neighborhood within a 300-foot radius of 130 Fiesta Circle. Figure 1 shows a map of the surrounding neighborhood, indicating the 300-foot radius of parcels that were analyzed.
The subject property is 10,010 square-feet in size and the project would result in a 3,477 adjusted square-foot (4,027 gross square-foot), two-story residence with approximately 34.7% floor area ratio (FAR). The OMC references floor area (FA); the floor area ratio is a calculation that takes the floor area and divides it by the lot size, but is not specifically referenced in OMC. Neighboring residences in a 300-foot radius contain a living space that ranges from 1,351 to 3,159 square-feet with an average of 2,057 square-feet. The proposed project would result in the subject property having the largest total living space, with the largest FAR for the neighborhood.
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Table 3. Subject Property & Neighboring Properties
Proposed Project
Site Address Lot Size
(Net SF)
Adjusted Floor
Area (SF)
Gross Floor Area
(SF)
FAR
(Based on
Adjusted Floor
Area)
130 FIESTA CIR 10,010 3,477 4,027 34.7%
Surrounding Properties (300-foot radius) & Existing Residence Site Address Lot Size
(Gross SF) Existing Floor Area (SF) FAR
31 ARROYO DR 49,600 2,868 5.78%
8 RAE DR 37,500 1,676 4.47%
9 RAE DR 36,000 2,053 5.70%
151 FIESTA CIR 15,210 1,457 9.58%
Figure 1: Neighborhood properties within a 300-foot radius of 130 Fiesta Circle.
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149 FIESTA CIR 17,875 2,298 12.86%
147 FIESTA CIR 15,295 2,359 15.42%
145 FIESTA CIR 14,336 1,913 13.34%
143 FIESTA CIR 13,965 1,398 10.01%
141 FIESTA CIR 12,635 1,392 11.02%
139 FIESTA CIR 13,100 1,369 10.45%
132 FIESTA CIR 11,325 1,405 12.41%
134 FIESTA CIR 11,305 1,351 11.95%
136 FIESTA CIR 18,335 1,738 9.48%
138 FIESTA CIR 12,600 1,450 11.51%
140 FIESTA CIR 12,635 1,775 14.05%
137 FIESTA CIR 14,410 2,449 17.00%
111 CORAL DR 11,316 1,548 13.68%
109 CORAL DR 11,790 2,414 20.47%
107 CORAL DR 10,890 1,690 15.52%
105 CORAL DR 10,906 2,641 24.22%
106 CORAL DR 13,050 1,512 11.59%
108 CORAL DR 14,805 2,672 18.05%
110 CORAL DR 17,000 2,533 14.90%
112 CORAL DR 12,160 3,159 25.98%
114 CORAL DR 10,480 1,448 13.82%
116 CORAL DR 31,520 3,041 9.65%
118 CORAL DR 11,760 2,142 18.21%
120 CORAL DR 11,790 3,121 26.47%
122 FIESTA CIR 10,000 2,842 28.42%
124 FIESTA CIR 10,050 2,314 23.02%
126 FIESTA CIR 10,480 1,456 13.89%
5 RAE CT 11,300 2,929 25.92%
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3 RAE CT 11,000 1,566 14.24%
2 RAE CT 13,000 1,945 14.96%
NOTE: Data regarding neighboring lot size, adjusted floor area, and FAR is pulled from the Contra Costa County Building Inspection Department records. The Building Inspection Department calculates net lot size and adjusted floor area differently from the Planning Department. As such, the numbers presented in this comparison are intended to provide a general comparison rather than an exact listing of values.
Public Correspondence
Five items of public correspondence were received prior to the Zoning Administrator Hearing on August 15, 2024, (see Attachment I) as well as oral comments during the hearing. The correspondence deals primarily with the following concerns:
• In support:
o Reconfiguration of home to better accommodate family’s senior members. o Creation of a multi-generational household.
o Accommodates a larger family.
o Thoughtful design, improved aesthetic appeal.
• In opposition:
o The existing home is currently larger than the FA maximum/trigger for design review contained in the code.
o Proposed substantially higher than the FA maximum/trigger for design review contained in the code (for which Design Review is requested). o Proposed construction within the required side yard with street frontage setback (70 square-feet, which is not getting closer to the property line than the existing residence, and for which an Exception Permit is requested).
o Proposed residence would be significantly larger than average homes in the area.
o The home has already received approvals for additions in previous years (1999 and 2010 under previous owners).
One item of public correspondence was received prior to the Planning Commission Meeting on October 22, 2024, (see Attachment F) as well as oral comments during the hearing. The correspondence was received from neighbors Kevin and Claudine Lally, who previously provided comment and spoke at both hearings. §17.30.5 – Basic Design Review Standards
Siting and Neighborhood Context
The proposed development is designed and located on the site so that it is visually harmonious with, but not necessarily identical to, other structures in the neighborhood. The proposed development is designed to blend into the existing landscape and natural context, protect undeveloped ridgelines and hillsides, maintain the dominance of wooded and open ridges and hillsides, and preserve significant or unique scenic vistas.
The project site is located on the southwest corner of the intersection of Fiesta Circle and Rae Court. The subject property has an average slope of approximately 7.6% and G.1
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has access off Fiesta Circle. The site sits slightly lower than Rae Court and is surrounded by one and two-story single-family residences.
The proposed home complies with the OMC standards for building height and aggregate building height; and would resemble existing neighborhood residences through the design elements.
The proposed development is visually harmonious with other structures in the neighborhood; in that, the materials (stucco and siding) are prevalent in many of the surrounding homes and the muted earth tones are complimentary to the colors of neighboring homes as well. The proposed additions are to be located on the first level of the existing residence and will therefore have no effect on the view of unique scenic vistas.
Design
The design elements are visually harmonious, in scale with the size of the structure, and balance environmental considerations. If the proposed development is an addition or remodel of an existing structure, the existing construction and proposed construction are visually harmonious. Facades and exterior walls shall be designed to reduce the blocky or massive features of building surfaces and provide articulation.
The addition will be harmonious with the existing home and will utilize the same colors and materials to match the existing home, including stucco in a light beige color. The structure includes a variety of rooflines to provide articulation. The placement and style of windows complement the overall design of the structure.
In addition, the project proposes a redesign of the entry. The addition to the front of the home, including the new porch with three cut-out arches, will provide articulation and create a visually appealing entry and add character to the home, defining the entry and giving it a more welcoming presence.
Please refer to the attached Colors and Materials Board and Figure 2 for detail.
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Privacy, Views, Light, and Air
The proposed development does not impair the existing views, block access to light and air, or infringe on the privacy of neighbors in a substantial fashion. In considering this factor, decision makers shall balance the importance of minimizing impacts on neighboring properties and the applicant’s ability to develop the property.
The project would not block or impair views for adjacent properties as defined in OMC §17.22.4. From Rae Court, the property downslopes away from the roadway. The proposed project will construct additions on the first level of the home, within the existing recesses of the house. There will be no change to the second level of the home. Therefore, the proposed additions will not impair existing views, block access to light and air, or infringe on the privacy of neighbors in a substantial fashion. The home will maintain the existing distance from the front and side property lines. The rear porch will cause the structure to be closer to the rear property line; however, it will continue to be located outside of the setback and will be approximately 27 feet from the rear property line.
Landscaping
Primary landscaping elements complement and are appropriate for the structure, the site, and the neighborhood.
The proposed project does not include changes to the existing landscaping. No protected trees are proposed for removal and all existing landscaping would remain.
Figure 2: Proposed colors and materials.
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§17.32 – Exception – To §17.4.2, Side Yard with Street Frontage Setback restrictions The strict application of the respective zoning regulations will either: (1) deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district, because the site's unique characteristics, such as an irregular or constrained size, shape or topography, or limitations created by the site's existing development, limit design options available to the subject property; or (2) serve no land use planning purpose under this title or the general plan because of the absence of any negative impact whatsoever on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as a result of the size, shape, location or topography of the site.
The strict application of zoning regulations, specifically the required side yard with street frontage setback, will serve no land use planning purpose under this title or the General Plan, as there will be no negative impact on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as the 70 square-foot portion of the addition in the setback is located on the first floor and will not be located closer to the property line than the existing structure currently is. The site is situated lower than the adjacent Rae Court, further obscuring the addition from view.
Figure 3: Aerial view of the site showing existing landscaping.
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The exception will result in development which substantially complies with the intent and purpose of the requirements, including design review, of the land use district in which the subject property is located.
The exception will result in development which complies with the intent and purpose of the requirements; in that, the exception will expand an existing single-family residence which is a use allowed by right in the RL-10 zoning district. The 70 square-foot Figure 4: Proposed site plan with the 70 square foot portion of the addition in the setback highlighted (Trigger for the Exception Permit request).
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expansion of the home into the setback is requested in order for the owners to house their aging parents, avoiding the need for them to traverse stairs, creating a multigenerational home.
For a project affecting an existing structure: 1. The exception does not substantially increase the degree of an existing nonconformity; and 2. The exception is necessary to preserve or enhance a feature of the existing structure which is architecturally or functionally appropriate.
The exception will not substantially increase the degree of the existing nonconformity, as it will “fill out” an existing building recess and maintain the residence’s existing setback from the northern (side with street frontage) property line. The purpose of the addition is to improve the functionality of the residence for the owners.
An exception from sign size limitations is necessary for the sign to remain proportional to preexisting architectural features or site conditions.
Not applicable.
Appeal
The appeal to the City Council constitutes a de novo hearing, meaning that the Council is to make an independent decision based upon the applicable City criteria and the facts presented. The City Council is in no way bound by the Zoning Administrator’s or Planning Commission’s decision. Facts to be considered by the City Council include:
• The administrative record of the Zoning Administrator hearing, including meeting minutes and the Statement of Official Action;
• The administrative record of the Planning Commission hearing, including meeting minutes;
• The information presented in this report; and
• The public testimony and any other information presented to the City Council at this appeal hearing.
Figure 5: Proposed site plan with the 70 square foot portion of the addition in the setback and the distance from the proposed addition to property lines and public right-of-way highlighted.
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Hearing Process
The Orinda City Council Policies and Procedures Manual provides the following process for items that are the subject of an appeal, here adapted for the City Council.
1. Item called by presiding officer.
2. Presiding officer reviews order of procedure for public hearing.
3. City Council members disclose any ex-parte communications and site visits occurring outside the public hearing relating to the subject of the hearing
4. Staff summarizes issues before the City Council.
5. Questions from the City Council to staff.
6. Applicant presents arguments in favor of its position (15 minutes including rebuttal time).
7. Questions from City Council to applicant.
8. Appellant presents basis of appeal (15 minutes).
9. Questions from City Council to the applicant.
10.Statements from persons other than the applicant (3 minutes per speaker).
11.Applicant offers rebuttal and concluding remarks (time remaining from the 15 minutes allotted).
12.Following the public testimony portion of the hearing, the presiding officer shall declare the public hearing closed and the matter is then before the City Council.
Each Councilmember shall be given the opportunity to speak to the subject.
When the Council discussion is concluded, the City Council shall make its decision.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Project Plans and Color Board
B. Proposed Resolution 48-24 Appeal of 130 Fiesta Circle C. Appeal of Planning Commission Decision
D. Planning Commission Draft Meeting Minutes of October 22, 2024 E. Planning Commission Staff Report
F. Planning Commission Correspondence
G. Appeal of Zoning Administrator Decision
H. Approved Statement of Official Action, ZA-SOA-2024-032 I. Zoning Administrator Correspondence
J. Zoning Administrator Staff Report
K. Letters to City Council from Neighbors of 130 Fiesta Circle - Received 11.25.2024 Respectfully Submitted by:
Lashun Cross
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Planning Director
Prepared By: Celina Palmer, Associate Planner
Approved by:
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G.1.a
Packet Pg. 161 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) G.1.a
Packet Pg. 162 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) G.1.a
Packet Pg. 163 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) G.1.a
Packet Pg. 164 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) G.1.a
Packet Pg. 165 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) G.1.a
Packet Pg. 166 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) G.1.a
Packet Pg. 167 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) G.1.a
Packet Pg. 168 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) G.1.a
Packet Pg. 169 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) Entry Door Stucco Vinyl Window Shingle Roof
G.1.a
Packet Pg. 170 Attachment: Project Plans and Color Board (3479 : 130 Fiesta Circle) Resolution 48-24
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Appeal of Planning Commission’s
Denial of Design Review and
Exception Permit applications DRA2024-001, EXC-2024-004 to construct 499 adjusted square-feet in additions
to an existing 2,798 adjusted squarefoot, single-family residence, on a 10,010 square-foot developed lot at
130 Fiesta Circle, APN 271-233-001.
CEQA Categorical Exemption §15301.
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)
)
) Resolution No. 48-24
)
)
)
)
)
)
WHEREAS, on January 22, 2024, Xiuzhi “Lizza” Wang (“Property Owner”) and Yi “Eason” Yuan (“Applicant”) filed a design-review application to construct 499 adjusted square feet in additions to an existing, 2,978 adjusted square foot, two-story, single-family residence at 130 Fiesta Circle, (“Project”), and
WHEREAS, the City of Orinda Zoning Administrator, at a duly noticed public hearing on August 15, 2024 heard from the applicant, members of the public, and Staff’s recommendation; and
WHEREAS, the City of Orinda Zoning Administrator, on August 23, 2024 approved Statement of Official Action ZA-SOA-2024-032, approving DRA-2024-001 and EXC-2024-004, the 499 square foot addition; and
WHEREAS, on September 3, 2024, Bradley Mozee, property owner of 3 Rae Court to the northeast of the project site, filed a timely appeal challenging the Orinda Zoning Administrator’s approval; and
WHEREAS, the City of Orinda Planning Commission, at a duly noticed public hearing on October 22, 2024 voted 5-1-1 to deny DRA-2024-001 and EXC-2024-004, the 499 square foot addition; and
WHEREAS, on October 31, 2024, Yi “Eason” Yuan (“Applicant/Appellant”), filed a timely appeal challenging the Orinda Planning Commission’s denial; and WHEREAS, on December 3, 2024, the City Council held a duly noticed public hearing on the appeal and, prior to making a decision, carefully considered the record, the staff report, presentations by the Applicant/Appellant, the site condition and setting of the Project, the deliberations, findings and conclusions of the Planning Commission and Zoning Administrator as well as all testimony presented at the public hearing; G.1.b
Packet Pg. 171 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt this Resolution 48-24 to approve Design-Review Application DRA2024-001, EXC-2024-004, finding that the proposed development complies with the applicable standards of the Orinda Municipal Code (“OMC”) as follows:
§17.30.5 – Basic Design Review Standards
Siting and Neighborhood Context
The proposed development is designed and located on the site so that it is visually harmonious with, but not necessarily identical to, other structures in the neighborhood. The proposed development is designed to blend into the existing landscape and natural context, protect undeveloped ridgelines and hillsides, maintain the dominance of wooded and open ridges and hillsides, and preserve significant or unique scenic vistas.
The project site is located on the southwest corner of the intersection of Fiesta Circle and Rae Court. The subject property has an average slope of approximately
7.6% and has access off Fiesta Circle. The site sits slightly lower than Rae Court and is surrounded by one and two-story single-family residences.
The proposed home would be in compliance with the OMC standards for building height and aggregate building height; and would resemble existing neighborhood residences through the design elements.
The proposed development is visually harmonious with other structures in the neighborhood; in that, the materials (stucco and siding) are prevalent in many of the surrounding homes and the muted earth tones are complimentary to the colors of neighboring homes as well. The proposed additions are to be located on the first level of the existing residence and will therefore have no effect on the view of unique scenic vistas.
Design
The design elements are visually harmonious, in scale with the size of the structure, and balance environmental considerations. If the proposed development is an addition or remodel of an existing structure, the existing construction and proposed construction are visually harmonious. Facades and exterior walls shall be designed to reduce the blocky or massive features of building surfaces and provide articulation.
The addition will be harmonious with the existing home. The additions will utilize the same colors and materials to match the existing home, including stucco in a light beige color. The structure includes a variety of rooflines to provide articulation.
The placement and style of windows complement the overall design of the structure.
G.1.b
Packet Pg. 172 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24
In addition, the project proposes a redesign of the entry. The addition to the front of the home, including the new porch with 3 cut-out arches, will provide articulation and create a visually appealing entry and add character to the home, defining the entry and giving it a more welcoming presence.
Privacy, Views, Light, and Air
The proposed development does not impair the existing views, block access to light and air, or infringe on the privacy of neighbors in a substantial fashion. In considering this factor, decision makers shall balance the importance of minimizing impacts on neighboring properties and the applicant’s ability to develop the property.
The project would not block or impair views for adjacent properties as defined in OMC §17.22.4. From Rae Court, the property downslopes away from the roadway.
The proposed project will construct additions on the first level of the home, within the existing recesses of the house. There will be no change to the second level of the home. Therefore, the proposed additions will not impair existing views, block access to light and air, or infringe on the privacy of neighbors in a substantial fashion. The home will maintain the existing distance from the front and side property lines. The rear porch will cause the structure to be closer to the rear property line; however, it will continue to be located outside of the setback and will be approximately 27 feet from the rear property line.
Landscaping
Primary landscaping elements complement and are appropriate for the structure, the site, and the neighborhood.
The proposed project does not include changes to the existing landscaping. No protected trees are proposed for removal and all existing landscaping would remain.
§17.32 – Exception – To §17.4.2, Side Yard with Street Frontage Setback restrictions
The strict application of the respective zoning regulations will either: (1) deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district, because the site's unique characteristics, such as an irregular or constrained size, shape or topography, or limitations created by the site's existing development, limit design options available to the subject property; or (2) serve no land use planning purpose under this title or the general plan because of the absence of any negative impact whatsoever on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as a result of the size, shape, location or topography of the site.
The strict application of zoning regulations, specifically the required side yard with street frontage setback, will serve no land use planning purpose under this title or G.1.b
Packet Pg. 173 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24
the general plan, as there will be no negative impact on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as the 70 square foot portion of the addition in the setback is located on the first floor and will not be located closer to the property line than the existing structure currently is. The site is situated lower than the adjacent Rae Court, further obscuring the addition from view.
The exception will result in development which substantially complies with the intent and purpose of the requirements, including design review, of the land use district in which the subject property is located.
The exception will result in development which complies with the intent and purpose of the requirements; in that, the exception will expand an existing singlefamily residence which is a use allowed by right in the RL-10 zoning district. The 70 square foot expansion of the home into the setback is requested in order for the owners to house their aging parents, avoiding the need for them to traverse stairs, creating a multi-generational home.
For a project affecting an existing structure: 1. The exception does not substantially increase the degree of an existing nonconformity; and 2. The exception is necessary to preserve or enhance a feature of the existing structure which is architecturally or functionally appropriate.
The exception will not substantially increase the degree of the existing nonconformity, as it will “fill out” an existing building recess and maintain the residence’s existing setback from the northern (side with street frontage) property line. The purpose of the addition is to improve the functionality of the residence for the owners.
An exception from sign size limitations is necessary for the sign to remain proportional to preexisting architectural features or site conditions.
Not applicable.
G.1.b
Packet Pg. 174 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24
ADOPTED by the City Council of the City of Orinda at a regular meeting of the Council held on December 3, 2024, Resolution 48-24, approving Design-Review and Exception Permit Applications DRA-2024-001 and EXC-2024-004, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
These findings are effective as of the date of the decision, December 3, 2024.
The time within which to seek judicial review of this City Council decision is governed by the provisions of California Code of Civil Procedure §1094.6 (Land-Use applications), California Public Resources Code §21167 (CEQA), California Government Code §66020 (Mitigation Fee Act, exactions), and California Government Code §66499.37 (Subdivision).
_________________________________
Darlene Gee, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
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Packet Pg. 175 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
EXHIBIT A – CONDITIONS OF APPROVAL
DRA-2024-001, EXC-2024-004 130 Fiesta Circle
THE CITY OF ORINDA CITY COUNCIL HEREBY APPROVES THE
PROPOSED PROJECT, PURSUANT TO THE COUNCIL’S FINDINGS AS STATED IN THIS RESOLUTION 48-24, AND SUBJECT TO THE FOLLOWING CONDITIONS:
NOTICE TO APPLICANTS: WHEN SUBMITTING A REQUEST FOR BUILDING PERMIT APPROVAL, THE AUTHORIZED AGENT/PROPERTY OWNER IS REQUIRED TO PRINT ON THE PROJECT PLANS, A COPY OF THE CONDITIONS BELOW. ALL CONDITIONS ARE STANDARD CONDITIONS OF APPROVAL UNLESS INDICATED IN ITALICS.
THE ISSUANCE OF A PERMIT OR APPROVAL OF PLANS AND SPECIFICATIONS
SHALL NOT BE CONSTRUED AS A PERMIT OR AN APPROVAL OF ANY WORK THAT VIOLATES THE OMC.
Standard Conditions
PLANNING CONDITIONS
1. The applicant shall submit the Building-Permit Application, to the City of Orinda for review and approval, and shall be responsible to implement and pay all costs associated with the preparation of the Building-Permit Application.
2. All development shall conform to plans presented at the December 3, 2024 City Council meeting, or the most recent version on file in the Planning Department, unless otherwise specified by conditions of approval provided in this exhibit.
3. Per §17.44.1 of the OMC, project approval terminates according to its terms, if any, or upon the expiration of one year from the date of approval, unless building permit plans have been submitted to the City/County for plan-check or a building permit has been issued. The duration of the approval may be extended for a maximum of one additional year by the Zoning Administrator upon written request by the property owner, agent or applicant, filed within the effective period of approval if the proposed project as approved conforms to the regulations in effect at the time of the extension. The request shall specify the reason for the extension. A fee, consistent with the most recently-adopted fee schedule by the City Council, is required for the processing of an extension.
4. Minor changes to the approved building plan(s) shall be subject to review and approval by the Planning Director prior to implementation. Major changes to the approved building plan(s) shall be subject to the review and approval of the Planning Commission.
5. The applicant shall submit a plan for recycling building and construction materials that are generated from the demolition of existing buildings, and for recycling waste materials from construction, prior to the issuance of a demolition permit and/or building permit. Prior to G.1.b
Packet Pg. 176 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
issuance of a certificate of occupancy for the project, the applicant shall submit to the Planning Department documentation that the materials have been recycled.
6. Construction, alteration, demolition, grading, excavation, or repair activity ("construction activities") may occur during times specified in OMC §17.39.3 as follows:
a. Weekdays: Monday through Friday, construction activities may occur between the hours of 8 a.m. and 6 p.m.
b. Weekends: On Saturdays and Sundays, construction activities may occur between the hours of 10 a.m. and 5 p.m., except that on Sundays only a resident of the site and one additional person may work on the site. c. Heavy Construction Equipment: Use of heavy construction equipment is prohibited on Saturdays and Sundays.
d. Holidays: On the following holidays, construction activities are prohibited:
New Year’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
No exceptions from this rule may be granted.
7. The site shall be properly maintained during construction or a Stop-Work Order will be issued by the Planning Director (i.e. refuse shall be discarded promptly, construction materials shall be neatly stored, and the public right-of-way shall not be encroached upon).
8. All rubbish and dead vegetation shall be removed from the site prior to final inspection by staff.
9. All projects are subject to the model water efficiency landscape ordinance (MWELO) if they meet the following landscaping area size thresholds:
a. New landscapes: 500 square feet
b. Existing landscapes: 2500 square feet
For MWELO-qualifying projects, East Bay Municipal Utility District (EBMUD) will conduct a review of the landscape documentation package, which must include:
project information; water efficient landscape worksheet; soil management report; landscape, irrigation and grading design plans. After landscape installation, the applicant must submit a completed, signed certificate of completion and associated documentation to EBMUD for approval.
10. Failure to comply with any of these Conditions may result in a Stop-Work Order and/or a rescinding of the Design-Review Approval.
TREE MANAGEMENT CONDITIONS
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Packet Pg. 177 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
1. If a protected tree proposed for removal can be relocated, the applicant shall move the tree to a suitable location on a site shown on the approved plans.
2. The applicant shall guarantee the health and vigor of each protected tree required to be preserved during the construction process and for two years after construction is certified as complete.
3. The applicant shall replace a protected tree that dies during the guarantee period in accordance with the tree-replacement provisions, provided below, of §17.21 of the OMC. a. Protected-Tree Replacement
i. For each 6-inches, or fraction thereof, of the aggregate diameter of trees approved for removal, the applicant shall plant 1 native tree with a diameter no less than 0.75 inches. One-third of the replacement tree requirement may be fulfilled by planting native shrubs that mature at a height no less than 5 feet. The applicant may substitute a larger number of smaller trees or a smaller number of larger trees if approved by the Planning Director based on a finding that tree replacement will be more beneficial to the health and vigor of all trees on the property.
ii. If the development site cannot accommodate the replacement trees, the applicant may, with the written approval of the Planning Director and the property owner, plant the replacement trees on public or private property located in Orinda. Alternatively, the applicant may make an in-lieu payment of one hundred and twenty-five dollars ($125.00) for each replacement tree otherwise required. All in-lieu payments shall be used for the City’s landscape-related projects.
b. Care of Protected Trees
i. Before starting, the applicant shall securely fence off every protected tree at the protected perimeter. The fence shall remain continuously in place for the duration of work undertaken in connection with the building or grading permit. The fenced area may not be used as a storage area or altered or disturbed except as may be permitted by the Planning Director. ii. If the proposed development or work encroaches upon the protected perimeter of a protected tree, the applicant shall take special measures, as approved by the Planning Director, to allow tree roots to obtain oxygen, water, and nutrients as needed.
iii. An authorized excavation, filling or compaction of the existing ground surface within the protected perimeter of a tree shall be minimized and subject to such reasonable conditions as may be imposed by the Planning Director.
iv. No significant change in existing ground level may be made within the dripline of a protected or heritage tree.
v. No burning or use of equipment with an open flame may occur near or within the protected perimeter.
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Packet Pg. 178 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
vi. All brush, earth and debris shall be removed in a manner that prevents injury to the tree.
vii. No oil, gas, chemical or other substance that may be harmful to a tree may be stored or dumped within the protected perimeter of a protected tree or at any other location on the site from which such substances might enter the protected perimeter of a tree.
viii. Trenching for utilities shall avoid interfering with roots of protected trees wherever possible. If complete avoidance of the root zone is impractical, a tunnel shall be made below the roots. A trench shall be consolidated to serve as many units as possible. Trenching and tunneling within the protected perimeter shall be avoided to the extent possible and shall be done only under the on-site supervision of a professional arborist. ix. No concrete, asphalt or other impervious paving shall be placed within the protected perimeter of a protected tree. No supplementary irrigation shall occur within the protected perimeter of a native oak.
PUBLIC WORKS CONDITIONS
1. When permitted in the public right-of-way, the following activities shall only be allowed directly in front of the subject property, unless prior written consent of the City and affected property owner(s) is obtained.
a. Delivery, unloading, and staging of construction materials and equipment b. Installation of above or underground utilities.
c. Installation of any drainage facilities, including but not limited to, drainage pipes, drain inlets, drain outfall, culverts, swales, etc. d. Installation of retaining walls, mailboxes, curbs.
e. Installation of temporary or permanent driveways.
f. Installation of landscaping.
g. To the greatest extent possible, parking of workers’ vehicles.
2. Damage to public roads caused by construction of applicant's project shall be repaired to the satisfaction of the Public Works Department at the applicant's expense prior to final building inspection. The owner shall post a bond to secure payment for damage to a city street caused by construction activity in connection with work authorized by the permit.
The Public Works Department may waive this requirement when the construction activity will not foreseeably damage the street.
3. The applicant shall obtain an Encroachment Permit from the Public Works Department for all work proposed to be constructed in the public right-of-way. This permit shall be obtained prior to issuance of any permits.
4. An applicant may not place, maintain or operate steel-tracked grading or construction equipment with cleats on a public or private street without placing protective material G.1.b
Packet Pg. 179 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
beneath the equipment to protect the surface of the street.
5. Trash, scrap and debris shall be stored in a container with a lid on the construction site.
6. No person shall place or maintain a container in the public right-of way without an Encroachment Permit.
7. No person shall place, install, or maintain a portable-sanitary facility on a construction site closer to the property line than the building setback line.
8. The City may temporarily prohibit or restrict stopping, parking, or standing of vehicles along a street abutting a construction project where necessary for public safety. The restriction does not apply until the City places a sign or marking at the site. The special restriction shall be limited to the duration of the project.
9. Upon issuance of any permits for the project, the City may request carpooling to a construction site.
10. The City may designate a truck route for ingress and egress from the property during the term of the building permit upon findings that:
a. The designation of the truck route will minimize the impact of the construction such as noise, dust, traffic safety hazards and potential damage to pavement on a residential street; and
b. Designation of the truck route will not unreasonably impair the contractor's access to the site or cause undue economic hardship.
11. The City shall require an applicant for a building or grading permit for a major improvement to rehabilitate the street pavement along the frontage of the property from the edge of the street to the center of the right-of-way.
12. When required for: (1) continuity of existing curb and gutter; (2) street drainage; or (3) to ensure structural support for the edge of the street pavement, the City shall require that an applicant for a building permit install appropriate roadway improvements to the satisfaction of the City’s Public Works Department.
13. At the time of building permit, the applicant shall be required to comply with the requirements of OMC §15.32, “Building Permit Conditions;” as such conditions apply to "Major Improvements." The applicant may be required to improve the frontage along the project site. The City shall determine these improvements and the applicant shall be informed of these improvements prior to building permit issuance.
14. The City shall require that a street extension to the property meet the applicable city-road standard set forth in §15.32.180. The City may modify this standard based upon unique topography which makes current city standards impractical or impossible.
15. The City shall require, as a condition, of a building permit for a major improvement that the applicant widen the public or private street along the property frontage so that it either (1) meets current standards for pavement width; or (2) matches the width of the existing street in the vicinity of the property if widening to current standards is unreasonable. The City shall impose this condition upon finding that:
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Packet Pg. 180 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
a. The existing street is so narrow that it creates a safety hazard for pedestrians and vehicles;
b. The existing street fronting the subject property is narrower than other sections of the street in the same vicinity; and
c. Increasing the width of the street is not an unreasonable burden given the topography of the area and the cost of the work.
Grading and Drainage Conditions
1. A grading permit is required for all proposed earthwork in excess of 50 cubic yards of cut or 200 cubic yards of fill. Excavation, grading, or construction of fills may be prohibited by the City Building Official during the months in which it finds that rainfall will likely preclude compliance with these requirements. As such, no grading shall be allowed from October 1 st through April 1st, unless adequate erosion control measures are in place. A grading plan and an erosion-control plan shall be approved by the Building Inspection Department prior to issuance of building permits if proposed earthwork exceeds 50 cubic yards. The erosion-control plan shall specify Best Management Practices (BMPs) in the following six categories:
a. Erosion control,
b. Run-on and run-off control,
c. Sediment control,
d. Active treatment system (as necessary),
e. Good site management, and
f. Non-stormwater management.
2. If the Building Official determines that the permittee has violated or failed to fully and adequately implement an approved erosion-control plan, no grading shall occur under the permit from October through April.
3. Approval of grading permits by the Building Inspection Department shall be made subject to the following appropriate conditions or reservations required to protect public health, safety, and general welfare:
a. Completion of the work within a period approved by the City Building Official, b. Cleaning of the area and planting in accordance with approved plans, c. Designation of the area in which work may be done,
d. Designation of the slope of excavation or filling, or the grade and elevation of excavation or filling,
e. Reasonable provisions for controlling excessive dust, f. Hours of operation,
G.1.b
Packet Pg. 181 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
g. Safety precautions to guide pedestrian and vehicular traffic, in around, and by the operation,
h. Posting of a good and sufficient bond to assure compliance with the conditions, and
i. Other conditions deemed necessary by the City Building Official and based on accepted engineering practices.
4. A drainage plan shall be approved by the City prior to issuance of any permits.
Attachments. The plan shall show all on-site and nearby off-site drainage details necessary to locate, delineate, illustrate, identify, justify and substantiate the proposed work, and the right and necessity of the applicant to perform the work, the adequacy of which shall be verified by the applicant's engineer.
Additional Information. The City may require soil investigation, tests of materials, environmental documents, engineering plans and investigations, technical reports and other permits as the enforcement officer considers necessary and proper.
Conditions of Approval. In approving the permit, the City may impose one or more conditions which are reasonably related to the public health, safety, and welfare, including but not limited to riparian habitat restoration under OMC §18.04, daylighting, stormwater runoff controls, pre-construction inspections and performance security.
5. The drainage-permit application shall include the written consent and waiver of liability given by each person having an interest in the property where work is to be performed (excluding a security interest) and who may be affected by it.
6. Upon a finding that the existing drainage improvements are inadequate or need repair, the City shall require an applicant for a building permit for a major improvement to make to make drainage improvements along the frontage.
7. The owner/applicant should consult the project geotechnical engineer to provide geotechnical design and construction recommendations for the construction of a pool.
8. Prior to issuance of a grading permit for any site work that will result in a land disturbance of one acre or more, the applicant shall provide evidence to the City/County Building Official that a Notice of Intent for coverage under the State Construction General Permit has been filed and submit a copy of the Stormwater Pollution Prevention Plan (SWPPP) to verify compliance with the City’s grading ordinance.
Watercourse Alteration Conditions
1. Each watercourse shall be maintained so that water will flow adequately and unimpeded through the watercourse. An existing watercourse shall be left unaltered unless (1) improvement is necessary to protect life, health, and property; or (2) riparian restoration is required under Title 18 of the OMC. Maintenance, repairs, and new construction shall be accomplished in an environmentally-sensitive manner as provided in Title 18 of the OMC.
2. A watercourse alteration permit, per §18.03 of the OMC, shall be obtained from the City prior to the issuance of any other permits. The following acts or situations shall require a G.1.b
Packet Pg. 182 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
drainage permit:
a. Impair, impede, redirect or otherwise affect the existing flow (permanent or intermittent) of stormwater or other water in a watercourse or allow on the property or cause or permit the obstruction of the watercourse;
b. Construct, alter or repair a watercourse;
c. Excavate, grade, or otherwise alter the surface of the land so as to affect the capacity of a watercourse;
d. Destroy or significantly alter vegetation at or near a watercourse, including without limitation cutting, clearing, grubbing, burning, removing, excavating or grading, except as is necessary to maintain or restore the hydraulic capacity of the watercourse or in compliance with riparian restoration requirements under Title 18 of the OMC;
e. Impair the use of an easement for drainage purposes; f. Install or construct a new structure or improve or expand an existing structure within a watercourse. The term structure shall include, but is not limited to, pipes, culverts, buildings, swimming pools, bridges, patios, paving, fences, retaining walls, poles and similar improvements.
3. The watercourse alteration permit application shall include the written consent and waiver of liability given by each person having an interest in the property where work is to be performed (excluding a security interest) and who may be affected by it.
4. The applicant shall apply for a permit through Bay Area Joint Aquatic Resources Permit Application (JARPA) for any proposed drainage modifications to be located within the creek setback. This application includes, but is not limited to, the Streambed Alteration Permit from the California Department of Fish and Wildlife, Army Corps of Engineers’ Section 404 permit, and the Clean Water Act Section 401A Permit from the San Francisco Bay Regional Water Quality Control Board. JARPA consolidates federal, state, and local permits and simplifies the permit process for applicants proposing any of the following activities:
a. Any work in, on or over a stream (perennial, season, or intermittent), and b. Projects that are not directly in or on the stream but may cause impacts (particularly in hillside areas).
5. The applicant shall obtain permits deemed necessary through JARPA prior to issuance of any City permits.
Stormwater Management and Discharge Control
1. The applicant for projects subject to the development runoff requirements in the City’s NPDES Permit (a “C.3. regulated project”) shall submit a Stormwater Control Plan (SCP) that meets the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook (“C.3 Guidebook”). The SCP shall be submitted as part of the initial project submittal and shall be approved by the Public Works Department prior to issuance of any permits.
G.1.b
Packet Pg. 183 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
2. The following shall apply to C.3-regulated projects:
a. Projects that create between 10,000 square feet and 1-acre of impervious surface shall prepare and submit a SCP, including features and facilities to ensure runoff is treated before leaving the site and an evaluation of the feasibility of storage for later use. Excluded from this requirement are detached, singlefamily homes that are not part of a larger plan of development. b. Auto service facilities, gas stations, restaurants, and uncovered parking lots that create over 5,000 square feet of impervious surface shall prepare and submit a SCP, including features and facilities to ensure runoff is treated before leaving the site and an evaluation of the feasibility of storage for later use. c. Projects that create 1-acre or greater of impervious surface shall include in the SCP, documentation demonstrating compliance with hydromodofication management by selecting one of four flow-control compliance options in Appendix C of the C.3 Guidebook. Where required, design project features and facilities for hydrograph modification management (flow-control) as well as stormwater treatment.
3. Prior to issuance of permits for building, site improvements, or landscaping, the permit application shall be consistent with the applicant’s approved SCP and shall include drawings and specifications necessary to implement all measures in the approved SCP.
The permit application shall include a completed Construction Plan C.3 Checklist and a draft Operations and Maintenance Plan as described in the C.3 Guidebook.
4. Drawings submitted with the SCP and Grading-Permit Application (including structural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall show drainage management areas as well as the details and methods of construction for pervious pavements, self-retaining areas, self-treating areas, areas draining to selfretaining areas, treatment and flow-control facilities, permanent source control BMPs, and other features that control stormwater flow and potential stormwater pollutants.
5. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall submit a final Operations and Maintenance (O&M) Plan and execute any agreements identified in the SCP that pertain to the transfer of ownership and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs (Operation and Maintenance Agreements, CC&Rs, etc).
6. Projects creating or replacing between 2,500 and 10,000 square feet of impervious surface, including detached, single-family home projects, shall include one or more of the following:
a. Direct roof runoff into cisterns or rain barrels for reuse; b. Direct roof runoff onto vegetated areas;
c. Direct runoff from sidewalks, walkways, and/or patios on to vegetated areas; d. Direct runoff from driveways and/or uncovered parking lots on to vegetated areas; e. Construct sidewalks, walkways, and/or patios with permeable surfaces; or G.1.b
Packet Pg. 184 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit A
f. Construct bike lanes, driveways, and uncovered parking lots with permeable surfaces.
7. The applicant shall submit the Project Data Form which is included in the December 1, 2012 Addendum to the Stormwater C.3 Guidebook.
MORAGA-ORINDA FIRE PROTECTION DISTRICT CONDITIONS
1. Prior to issuance of building permits, the applicant must submit the construction drawings to the Moraga-Orinda Fire District for approval.
G.1.b
Packet Pg. 185 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit B
EXHIBIT B – INDEMNIFICATION AGREEMENT
Pursuant to the conditions of approval of DRA-2024-001, EXC-2024-004 to construct 499 adjusted square feet in additions (448 square feet of additions to the living space on the first level, along with a 67 square-foot front porch and 134 square-foot back porch), at 130 Fiesta Circle, APN 271-233-001 (hereafter “project”), Applicant agrees to defend, indemnify, release and hold harmless the City of Orinda, its agents, officers, attorneys, employees, departments, boards and commissions (hereafter collectively “City”) from any claim, action or proceeding (hereafter collectively “proceeding”) brought against the City to attack, set aside, void or annul the City’s discretionary project approvals and/or any action relating to such project approvals, including actions taken to comply with the California Environmental Quality Act.
This indemnification shall include, but not be limited to, any damages awarded against the City, the City’s attorneys’ fees and cost of suit, the cost of preparing the administrative record, any award of opposing counsel’s attorneys’ fees or costs of suit, and any other liabilities and expenses incurred in connection with such proceeding, whether incurred by the Applicant, the City, and/or the parties initiating or bringing such proceeding. Applicant acknowledges that the City may elect to retain its own counsel to represent it in such proceeding and agrees to reimburse the City for associated attorneys’ fees and costs of suit. Applicant further agrees to indemnify the City for all costs, attorneys’ fees, and damages, which the City incurs in enforcing this indemnification agreement.
Notification. In the event any such proceeding is brought, City shall promptly notify the Applicant of the proceeding, and City shall coordinate with Applicant regarding defense of the proceeding.
Amendment. This Agreement may be modified only in a writing signed by the parties.
Applicable Law. This Agreement shall be governed by and interpreted under the laws of the State of California.
Binding Effect. This Agreement shall bind and inure to the benefit of each party and each party’s employees, agents, successors and assigns.
Effective Date. This Agreement shall be effective as of the date upon which all of the signatories have signed the Agreement.
Execution in Counterpart. This Agreement may be executed in counterparts, and all executed copies are duplicate originals, equally admissible in evidence.
G.1.b
Packet Pg. 186 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) 130 Fiesta Circle
DRA-2024-001, EXC-2024-004
Resolution 48-24 – Exhibit B
Authorization. Each signatory to this Agreement represents that he or she is authorized to execute this Agreement so as to bind the Parties on whose behalf he or she is a signatory.
Project Identification:
DRA-2024-001, EXC-2024-004
130 Fiesta Circle (APN 271-233-001)
Date: ___________________ By: ______________________
Its: Property Owner(s)
Date: ___________________ City of Orinda:
By: _____________________________
Its: City Manager
Attest:
By: _____________________________
Its: City Clerk
Approved as to Form:
By: _____________________________
Its: City Attorney
1852321.1
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Packet Pg. 187 Attachment: Proposed Resolution 48-24 Appeal of 130 Fiesta Circle (3479 : 130 Fiesta Circle) G.1.c
Packet Pg. 188 Attachment: Appeal of Planning Commission Decision (3479 : 130 Fiesta Circle) G.1.c
Packet Pg. 189 Attachment: Appeal of Planning Commission Decision (3479 : 130 Fiesta Circle) G.1.c
Packet Pg. 190 Attachment: Appeal of Planning Commission Decision (3479 : 130 Fiesta Circle) Planning Commission (PC) Minutes: Page 1 of 8 10.22.2024 Disclaimer: This copy of the Planning Commission meeting minutes has not been reviewed or approved by the Planning Commission.
These will be reviewed at their next meeting scheduled on December 10, 2024.
Tuesday, October 22, 2024
CITY OF ORINDA
PLANNING COMMISSION MINUTES
1. CALL TO ORDER / ROLL CALL
Chair Hubner called the Regular Meeting to order at approximately 7:00 p.m.
PLANNING COMMISSIONERS PRESENT: Kumani Armstrong, Molly Doctors, Ann Parnigoni, Willy Mautner, Marian Jelinek and
Robert Hubner
PLANNING COMMISSIONERS ABSENT: Kevin Schmidt
2. ADOPTION OF AGENDA
MOTION by Commissioner Mautner, and seconded by Commissioner Jelinek, to adopt the agenda. Said motion carried by unanimous (6-0-1) vote.
3. PUBLIC FORUM
Chair Hubner opened the floor to any member of the public wishing to speak on any item not on the agenda. Seeing none and hearing none the public forum was closed.
4. CONSENT CALENDAR
Chair Hubner asked if there were any items for removal or public comments, and there were none.
A. Planning Commission Minutes
Approve Planning Commission Minutes:
a. July 23, 2024
MOTION by Commissioner Armstrong and seconded by Commissioner Doctors. Said motion carried by unanimous (6-0-1)
Ayes: Armstrong, Doctors, Parnigoni, Mautner, Jelinek and Hubner Noes: None
Abstain: None
Absent: Schmidt
G.1.d
Packet Pg. 191 Attachment: Planning Commission Draft Meeting Minutes of October 22, 2024 [Revision 2] (3479 : 130 Fiesta Circle) Planning Commission (PC) Minutes: Page 2 of 8 10.22.2024 Disclaimer: This copy of the Planning Commission meeting minutes has not been reviewed or approved by the Planning Commission.
These will be reviewed at their next meeting scheduled on December 10, 2024.
5. CONTINUED PUBLIC HEARINGS – No report.
6. NEW PUBLIC HEARINGS
A. At 130 Fiesta Circle, a Design Review and Exception Permit request to construct 499 adjusted sq. ft. in additions (448 square feet of additions to the living space on the first level, along with a 67 square-foot front porch and 134 square-foot back porch). This Planning Commission item is the result of an appeal of the Zoning Administrator Statement of Official Action approving the project (ZA-SOA-2024-032) after conducting a Zoning Administrator Hearing on August 15, 2024.
PROJECT SITE: 130 Fiesta Circle
APN: 271-233-001
APPLICATIONS: DRA-2024-001, EXC-2024-004
ZONING DESIGNATION: RL-10
OWNER/APPLICANT: Xiuzhi Wang / Eason Yuan
PROJECT PLANNER: Celina Palmer, AICP, Associate Planner CEQA STATUS: Categorically Exempt, CEQA §15301(e)(1)
STAFF RECOMMENDATION: Approve the Design Review and Exception Permit request to construct 499 adjusted sq. ft. in additions
(448 square feet of additions to the living space on the first level, along with a 67 square-foot front porch and 134 square-foot back porch), subject to the conditions
of approval included in the Draft Statement of Official Action.
Chair Hubner introduced the project.
Associate Planner Darin Hughes presented the project, provided a detailed presentation on the proposal. He explained that the site, located at 130 Fiesta Circle, falls within the RL-10 zoning district. Hughes noted that, according to City regulations, properties below 20,000 square feet in size, such as this 10,010-square-foot parcel, are subject to Orinda Municipal Code (OMC) schedule 17.6.8. Per the schedule, this allows for a 2,300 square-foot home on this parcel; this calculates to a 23% floor area ratio (FAR)
1 . Because the home currently exceeds 2,300 square
feet, and proposes to increase the home size, Design Review is required; a portion of the additions is proposed to be located within the side yard with street frontage setback which triggers an Exception Permit requirement.
Hughes elaborated on the project’s background, stating that the Zoning Administrator had approved the additions based on findings that the proposed project met the requirements for an Exception Permit and complied with the City's aesthetic standards for Design Review. He emphasized that the appeal brought forth by neighbors was primarily focused on concerns about the increase in home size and potential impacts on neighborhood character.
Chair Hubner asked about any ex-parte communications by Commissioners. Commissioners Armstrong, Mautner, Parnigoni, Jelinek and Hubner had visited the site and spoke to no one.
G.1.d
Packet Pg. 192 Attachment: Planning Commission Draft Meeting Minutes of October 22, 2024 [Revision 2] (3479 : 130 Fiesta Circle) Planning Commission (PC) Minutes: Page 3 of 8 10.22.2024 Disclaimer: This copy of the Planning Commission meeting minutes has not been reviewed or approved by the Planning Commission.
These will be reviewed at their next meeting scheduled on December 10, 2024.
Commissioner Doctors had visited the site but greeted one of the neighbors, however, didn’t discuss the project.
Chair Hubner asked the Commissioners if there were any questions for staff.
Commissioner Mautner questioned the maximum floor area for 10,010 square foot parcel would be 2300 square feet, and stated 2300 isn't of 20% of 10,000.
Hughes responded there's a special table (OMC section 17.6.8) for lots that are under 20,000 square feet in size, and that 20% calculation applies to everything that's 20,000 square feet and greater (OMC section 17.6.2.B). He added that for lot sizes below the 20,000 square foot threshold, there's generally a little bit of an additional allowance for the floor area. He explained in the case of a 10,010 square foot lot, 23% is approximately what was approved within section
17.6 of the floor area for the zoning code1.
Chair Hubner invited the applicant and owner, Eason Yuan and Xiuzhi Wang to speak, and present the project.
Eason Yuan, Architect, outlined the family’s needs for a more functional and accessible home, emphasizing the goal to accommodate a multi-generational household. Yuan explained the project design, focusing on enhancing the front entry, improving the interior layout, and expanding the backyard porch for better use of space.
He discussed the interior modifications, noting that the current floor plan was poorly configured for a family with young children. The existing bedrooms were of unequal size, which had created challenges in managing the children's needs. The proposed layout aimed to provide two similarsized bedrooms for the children, offering them a fair and comfortable living arrangement.
He explained that there has been financial and emotional strain caused by the prolonged appeal process; the family had already experienced significant delays, but also disrupted their daily lives.
The uncertainty surrounding the project had made it difficult for them to plan. He emphasized that the project was not intended to create an oversized, imposing structure but rather to meet the practical needs of the family.
Xiuzhi Wang, Applicant/Owner, began by expressing her gratitude to the Planning Commission for the opportunity to address the issues raised during the appeal. She then provided a detailed explanation of the family's motivations behind the proposed home expansion, focusing on the unique needs of her growing, multi-generational household.
Wang also spoke about her efforts to engage with her neighbors and address their concerns. She mentioned that she had personally reached out to several nearby residents to discuss the project and gather feedback. She reassured the Commission that the proposed expansion would not negatively affect the neighborhood’s character or set a harmful precedent. Instead, she believed it would enhance the home’s functionality, contributing positively to the community.
She shared her personal story, explaining that she and her husband, both professionals, have been working from home and that, coupled with the arrival of their second child, has made their current living situation increasingly cramped. The existing layout lacked adequate space for a G.1.d
Packet Pg. 193 Attachment: Planning Commission Draft Meeting Minutes of October 22, 2024 [Revision 2] (3479 : 130 Fiesta Circle) Planning Commission (PC) Minutes: Page 4 of 8 10.22.2024 Disclaimer: This copy of the Planning Commission meeting minutes has not been reviewed or approved by the Planning Commission.
These will be reviewed at their next meeting scheduled on December 10, 2024. comfortable family environment, especially for elderly parents who frequently visit and require accessible living arrangements.
She emphasized that the proposed design changes were aimed at creating a functional, welcoming space for three generations of her family. The proposed addition is intended to improve accessibility and safety, particularly for her aging parents. She addressed the concerns raised about potential noise and disruption during construction and acknowledged that construction inevitably causes some inconvenience but emphasized that the family was committed to minimizing disruptions as much as possible.
In her concluding remarks, she emphasized that their request was driven by a genuine need to create a functional, livable space for their family. Wang expressed her hope that the Commission would consider the family’s circumstances and the thoughtful design choices made to respect the neighborhood’s character while addressing their practical needs. She thanked the Commission for their time and consideration, urging them to approve the project to allow her family to proceed with their plans that could accommodate their growing needs.
Chair Hubner invited the appellants, Kevin and Claudine Lally, Brad and Gabriela Mozee to speak and present their appeal.
Kevin and Claudine Lally, along with neighbors Brad and Gabriela Mozee (all joint appellants), presented their appeal, and argued that the proposed expansion would significantly exceed the FAR1, setting a negative precedent for future developments and altering the neighborhood's character. They raised concerns about noise, and FAR1, urging the Commission to enforce existing zoning standards.
Gabriela Mozee stated 130 Fiesta is already the most outsized lot in the neighborhood and has plenty of room to reconfigure as it is. She added 130 Fiesta is a huge home on a small lot and asked the Commission to enforce City code.
Claudine Lally has lived on Rae Court for almost 37 years and discussed the recent impact of construction for her family’s quality of life. She recounted being woken up by construction noise and disruptions, noting that her usual routine had been compromised by ongoing projects in the neighborhood (not the project site).
Kevin Lally, who has lived in Orinda for nearly 35 years, highlighted how the proposed FAR1 exceeded the area’s zoning allowances. Lally referenced specific sections of the Municipal Code to support his argument that the expansion would alter Orinda’s “semi-rural” neighborhood feel.
Lally cited OMC 17.30.1, which mandates that design reviews aim to “preserve and enhance” Orinda’s semi-rural neighborhoods. He argued that the proposed addition, by pushing the FAR1 above standard allowances, contradicted this objective by introducing a level of density incompatible with the neighborhood’s aesthetic. Allowing such an expansion, he said, could lead to other large projects, altering the unique, modest character that defines Orinda.
Lally also stated, according to OMC 17.32.4(c)(1), exceptions should not “substantially increase the degree of an existing non-conformity.” Lally pointed out that 130 Fiesta Circle was already non-compliant by 600 square feet and argued that the additional square footage would further amplify this non-conformity, setting a risky precedent. In his view, the original FAR1 exceedance should not be compounded by further leniency, as it could make it harder to deny similar requests in the future2.
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Packet Pg. 194 Attachment: Planning Commission Draft Meeting Minutes of October 22, 2024 [Revision 2] (3479 : 130 Fiesta Circle) Planning Commission (PC) Minutes: Page 5 of 8 10.22.2024 Disclaimer: This copy of the Planning Commission meeting minutes has not been reviewed or approved by the Planning Commission.
These will be reviewed at their next meeting scheduled on December 10, 2024.
Lally cited OMC 17.32.5, which prohibits exceptions that grant special privilege. He emphasized that the proposed expansion for 130 Fiesta Circle was excessive and amounted to a privilege that no other homeowners had been granted2.
Brad Mozee lives on Rae Court and provided statistical data comparing the proposed project to nearby homes, arguing that the additions would make 130 Fiesta Circle the largest home in the immediate area, with an FAR1 significantly higher than other properties. He contended that the project would negatively affect the neighborhood's aesthetic harmony and set a precedent for oversized homes on small lots. He also mentioned an existing fence alone Rae Ct that is taller than allowed by code.
Mozee began by addressing the FAR1in the neighborhood, explaining that the average FAR1 of nearby homes was substantially lower than the FAR1requested for 130 Fiesta Circle. He noted that, under Orinda’s RL-10 zoning regulations, properties in this area are typically limited to a 20%3 FAR1, with allowances for minor deviations. However, the proposed expansion, he argued, was not a minor deviation but rather a drastic increase that would make the residence one of the largest in the neighborhood on a relatively small lot. Brad Mozee presented data he had gathered on local properties, pointing out that the average FAR1in the vicinity was around 15%, making the FAR1 sought by the applicants nearly 50% larger than most homes in the area. This data, he argued, demonstrated that the proposed addition was out of proportion with neighborhood norms and would result in a property that was visually and spatially dominant.
He emphasized that one of Orinda’s defining characteristics is the balanced relationship between lot size and home size, which promotes a sense of openness and preserves the semi-rural character valued by residents. He illustrated that while larger homes were present in Orinda, they were generally situated on larger lots where the additional space did not overwhelm the landscape or neighboring properties. In contrast, he stated that the proposed expansion on this smaller lot would disrupt the existing harmony, as the home would appear overly dense and out of scale relative to its surroundings.
Brad Mozee argued that approving this expansion would set a dangerous precedent for future developments in the neighborhood. He expressed concerns that other homeowners might see this approval as an opportunity to request similar FAR1increases, leading to a cascade of approvals that would gradually alter the character of the entire community. By maintaining stricter FAR1limitations, the City could ensure that the area retained its semi-rural appeal, with properties that contributed to a cohesive and balanced visual landscape. Allowing 130 Fiesta Circle to exceed these limits, he warned, could open the door for increasingly large homes that would erode Orinda’s small-town aesthetic and encourage denser, more imposing structures.
In concluding his presentation, he underscored the importance of enforcing Orinda’s zoning standards to protect the neighborhood’s character and uphold the City’s vision. Mozee emphasized that zoning laws existed not to restrict individual property rights arbitrarily but to maintain the community’s collective character, which had attracted residents to Orinda for decades.
Chair Hubner opened the floor for public comments. A summary of the public comments (not verbatim) are as follows:
Nicholas Calonge a direct neighbor, expressed support for the project, noting that the proposed changes aligned with the character of the neighborhood and addressed the family’s needs for a G.1.d
Packet Pg. 195 Attachment: Planning Commission Draft Meeting Minutes of October 22, 2024 [Revision 2] (3479 : 130 Fiesta Circle) Planning Commission (PC) Minutes: Page 6 of 8 10.22.2024 Disclaimer: This copy of the Planning Commission meeting minutes has not been reviewed or approved by the Planning Commission.
These will be reviewed at their next meeting scheduled on December 10, 2024. functional living space. He highlighted that the sloped topography would minimize any visual impact on surrounding properties.
Zhu Yang, a nearby resident, also supported the project, arguing that the additions were modest and necessary for accommodating multi-generational living. She emphasized that similar exceptions had been granted in the area, reflecting evolving needs for modern families.
Chair Hubner closed the floor for public comment and opened the floor for the project applicant for rebuttal. A summary of the applicant comments (not verbatim) are as follows:
Eason Yuan, Architect, stated they’re not looking to build the largest structure, their aim is to create a home with vibrant life inside. He recognized that the state [California] is currently facing a housing crisis, and stated that this is exactly why ADUs (Accessory Dwelling Units) are coming into play. The need for expansion is growing, with younger generations moving in, and this is what helps areas thrive.
Mr. Yuan stated, they don’t just want to focus on numbers or being the biggest. There will always be a biggest, and while they may be the biggest in the area, but they strive to be the most modest and humblest, and aimed for good, thoughtful design for the family home.
Yuan stated he wants to assist the family as quickly as possible because they’re in a tough situation; their family cannot function well in their current living conditions and cannot carry on with their normal lives. They’re planning for the future, the father is a full-time university professor and needs space, but ironically, their daughter cannot even get into the school or organize her time well due to the poor home situation. The mother is working full time and is constantly worried about the home’s layout. This has been going on for years.
Yuan stated the focus is on the best possible design for the family’s needs while minimizing any impact. Construction is a part of life, but it can happen in a controlled and respectful manner.
Chair Hubner closed the Public Hearing and brought the item back to the Commission for discussion. A summary of the Commissioner comments (not verbatim) are as follows:
Commissioner Mautner opened the deliberation with concerns that some window changes that were not highlighted on the plans, and he expressed deep concerns about the precedent that approving the project would set. He stated the approvals from 1999 and 2010 were errors as the Commission hasn’t approved projects with over 25% FAR 1. He emphasized the importance of adhering strictly to the City’s zoning standards, noting that the proposed FAR1for this project far exceeded typical allowances even with the special consideration for smaller lots.
Mautner argued that approving an expansion of this magnitude could lead to a series of similar requests in the future, effectively undermining the intent of Orinda’s zoning regulations. He highlighted that the City had a long-standing goal of preserving its semi-rural character, which could be compromised if larger homes continued to be approved on smaller lots. Mautner pointed out that the proposed increase in FAR1 was not a minor adjustment but a significant deviation, raising a red flag for future projects. He also expressed concerns regarding the existing fence along Rae Ct that does not comply with OMC.
Vice-Chair Jelinek noted Orinda is known for their semi-rural character and the Planning Commission takes that into consideration when reviewing projects. Jelinek recalled previous G.1.d
Packet Pg. 196 Attachment: Planning Commission Draft Meeting Minutes of October 22, 2024 [Revision 2] (3479 : 130 Fiesta Circle) Planning Commission (PC) Minutes: Page 7 of 8 10.22.2024 Disclaimer: This copy of the Planning Commission meeting minutes has not been reviewed or approved by the Planning Commission.
These will be reviewed at their next meeting scheduled on December 10, 2024. instances where the Commission had denied even minor FAR1 exceedances, noting the consistency required to maintain the integrity of zoning laws. She expressed specific concern about the bulk and massing of the proposed addition, arguing that the boxy design and increased volume would disrupt the visual harmony of the neighborhood, particularly given the surrounding smaller homes.
Commissioner Parnigoni stated she didn’t consider the construction noise as homeowners have a right to do so. Her biggest concern is the precedence this would set for the neighborhood by approving this project. Parnigoni stressed that the Commission had a responsibility to uphold community standards and preserve the semi-rural character. She suggested design changes could have been addressed internally, within the existing footprint, suggesting a potential reconfiguration of the interior layout rather than an expansion. She noted that the proposed FAR1 was substantially higher than the neighborhood average and approving such a project could make it difficult for the Commission to deny similar requests in the future. She expressed concerns that granting one exception2 could set a new benchmark, making it challenging to enforce stricter standards later.
Commissioner Doctors stated she had nothing further to add that wasn’t already been stated.
Commissioner Armstrong provided a counterpoint, acknowledging the challenges faced by modern families living in older, smaller homes that were not initially designed for multigenerational living and should be considered. He added when onsite he saw the fence that was out of code and heard the construction noise from other properties. He explained the construction noise shouldn’t be considered an issue for this project.
Chair Robert Hubner summarized the key points raised by the Commissioners. He acknowledged the applicant’s arguments regarding the functional needs of their growing family but emphasized the broader implications for the City. Hubner highlighted that while the Commission had previously made exceptions for minor increases, the scale of this request was unprecedented and would likely set a new standard for future developments. He pointed out that the zoning code's purpose was to prevent exactly this type of gradual increase in home size, which could ultimately alter the neighborhood's character. Hubner stressed the importance of maintaining consistency in their decisions to uphold the community’s expectations and the intent behind the zoning regulations.
Commissioner Mautner added another concern for this project is not having a landscape plan and one should be required if the project returns to the Commission. He stated there is one tree in the front and the landscaping is bare. He stated the fence issue should be resolved also.
Vice-Chair Jelinek stated she did not consider the construction noise as part of the decision process and said her concerns are regarding the FAR 1.
ACTION: Commissioner Mautner made a motion to deny this application citing concerns over the significant exceedance of the prescribed FAR 1, and aesthetic impacts. The motion was seconded by Commissioner Parnigoni and carried by majority vote of 5-1-1.
Ayes: Doctors, Mautner, Parnigoni, Schmidt, Jelinek and Hubner Noes: Armstrong
Abstain: None
Absent: Schmidt
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Packet Pg. 197 Attachment: Planning Commission Draft Meeting Minutes of October 22, 2024 [Revision 2] (3479 : 130 Fiesta Circle) Planning Commission (PC) Minutes: Page 8 of 8 10.22.2024 Disclaimer: This copy of the Planning Commission meeting minutes has not been reviewed or approved by the Planning Commission.
These will be reviewed at their next meeting scheduled on December 10, 2024.
7. OTHER COMMISSION MATTERS – No report.
8. PLANNING COMMISSIONER'S REPORTS – No report.
9. PLANNING DIRECTOR'S UPDATE – Planning Director Cross provided updates on the increased number of accessory dwelling unit (ADU) applications, reflecting ongoing efforts to address housing shortages. She discussed the progress of the SB9 urban lot splits program, which had seen a rise in applications, and noted improvements in processing times due to new state regulations. She stated in 2022 we processed 24 units; in 2023 we processed 18 units and in 2024 we are currently processing 18 units.
Cross explained there's a program called SB7, ADU accelerator. She added Senator Glazer pilot program where they're trying to expand by 350 ADUs in our region in response to the housing crisis. She explained this program is limited to about 15 cities. We did apply, and we did receive approval for that grant. It's a rebate program. The way the rebate works is based off the size of the ADU. If it less than 1000 square feet, the applicant would receive up to $7,500. If less than 1000 square feet, would receive a rebate of $2,500 and less than 750 square feet is rebate of $5,000.
10. ADJOURNMENT
A motion was made by Chair Hubner to adjourn the meeting at 8:20 pm. The next Planning Commission meeting will be Tuesday, November 12, 2024, at 7:00 pm in the Library Auditorium located at 26 Orinda Way.
1 The OMC references floor area; the floor area ratio is a calculation that takes the floor area and divides it by the lot size, but is not specifically referenced in OMC.
2 The Exception Permit trigger is the portion of the addition within the required setback. The Design Review trigger is the increased home size. The two are not meant to be interchangeable 3 “20% FAR” appears to refer to OMC section 17.6.2.B., “No single-family residence on a lot of twenty thousand (20,000) square feet or more may have a floor area exceeding the product of .20 times the net parcel area of the lot except as provided in Subsection D.”
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Packet Pg. 198 Attachment: Planning Commission Draft Meeting Minutes of October 22, 2024 [Revision 2] (3479 : 130 Fiesta Circle)
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Packet Pg. 207 Attachment: Planning Commission Staff Report (3479 : 130 Fiesta Circle)
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Packet Pg. 208 Attachment: Planning Commission Staff Report (3479 : 130 Fiesta Circle)
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Packet Pg. 209 Attachment: Planning Commission Staff Report (3479 : 130 Fiesta Circle)
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Packet Pg. 210 Attachment: Planning Commission Staff Report (3479 : 130 Fiesta Circle)
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Packet Pg. 211 Attachment: Planning Commission Staff Report (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 212 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 213 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 214 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 215 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 216 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 217 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 218 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 219 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 220 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 221 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 222 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 223 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 224 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.f
Packet Pg. 225 Attachment: Planning Commission Correspondence (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 226 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 227 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 228 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 229 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 230 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 231 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 232 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 233 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 234 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 235 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 236 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 237 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 238 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 239 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.g
Packet Pg. 240 Attachment: Appeal of Zoning Administrator Decision (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 241 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 242 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 243 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 244 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 245 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 246 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 247 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 248 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 249 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 250 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 251 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 252 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 253 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 254 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 255 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) G.1.h
Packet Pg. 256 Attachment: Approved Statement of Official Action, ZA-SOA-2024-032 (3479 : 130 Fiesta Circle) 22 ORINDA WAY, ORINDA, CA 94563
LATE CORRESPONDENCE
PLANNING DEPARTMENT
ZA HEARING – 130 FIESTA CIRCLE
LATE CORRESPONDENCE
AUGUST 15, 2024
Name Page
Claudine & Kevin Lally 2
Brad & Gabriela Mozee 3-4
Jing & Luyi Yang 5-6
Jing Yang 7
Yuhao Huang 8
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Packet Pg. 257 Attachment: Zoning Administrator Correspondence (3479 : 130 Fiesta Circle) From: Claudine Lally
To: Orinda Planning
Cc: Brad Mozee
Subject: 130 Fiesta Circle
Date: Saturday, June 22, 2024 5:39:52 PM
Claudine and Kevin Lally
5 Rae Ct.
Orinda, CA 94563
City of Orinda
22 Orinda Way
Orinda, CA 94563
[email protected]
Re: DRA-2024-01
EXC-2024-004
To whom it may concern:
I am writing to object to the application proposed by the owners of 130 Fiesta Circle to expand an already non conforming use by an additional 448 square feet.
My wife and I have lived at 5 Rae Ct. for 36 years. In 2010 we reached an agreement with the former owners to add an additional floor to their home notwithstanding it blocked our beautiful view of the hills. We understand that development may occur despite our wishes, which is why my wife and I withdrew our objection when the owners modified their design to make the addition less blocky. We had added our own addition in 1997.
There are multiple reasons why we are requesting a hearing on this proposal. According to the Assessor’s website the existing lot is 10,010 square feet with a 2837 square foot living area. It is already the smallest lot in the neighborhood with a substantially higher FAR at 28.1. The yard already includes a swimming pool, which eliminates almost all of the green space.
According to Orinda City Code the maximum FAR for this lot is 2300, which the existing structure exceeds by 23.3%. The addition of 448 square feet will cause the structure to exceed the code by 42.8%. The closest oversized house is at 112 Coral Dr., which was remodeled to the best of my recollection before Orinda adopted its FAR code. Except for that one anomaly nothing comes close. This expansion would be substantially out of character for the more modest homes in the Ivy Drive area.
The excessive FAR is not the only deviation from permitted use. The development proposes to build less than 5 feet in places to Rae Ct.
Under Orinda Code Section 17.4.2 for an RL-10 lot, the minimum side yard set back would be 10 feet from Rae Court. This plan would run afoul of the Orinda ordinance.
The proposed findings suggest that this is a natural in-fill addition. The term infill can not be found in Orinda’s Municipal Code. The customary usage involves building where there has been a gap in usages or under utilization of the property. Applicant’s characterization is a sophism. The property is already 23.3% over utilized.
The Ivy Drive area is sprinkled with homes in the 3000 + square foot range, but the predominant size is far under that with most such closer to 2000 square feet. This home is inconsistent with Orinda codes and the neighborhood. We don’t need a 3285 square foot house with 6 bedrooms.
Respectfully submitted,
Kevin and Claudine Lally
[email protected]
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Packet Pg. 258 Attachment: Zoning Administrator Correspondence (3479 : 130 Fiesta Circle) From: Brad M
To: Orinda Planning
Subject: Noice of Development Application for 130 Fiesta Cir Date: Monday, June 24, 2024 10:26:26 AM
Brad & Gabriela Mozee
3 Rae Ct.
Orinda, CA 94563
Orinda Planning Department
22 Orinda Way
Orinda, CA 94563
Re: DRA-2024-01
EXC-2024-004
Dear Orinda Planning Department,
We join all of our neighbors on Rae Court in objecting to the application proposed by the owners of 130 Fiesta Circle..
With over 20 years in our home, we are the newest owners on Rae Court. One neighbor has lived here since her home was built in 1959 and the other for 36 years.
The longest term owner is now in her 90s and concurs that yet another addition to the already large home at 130 Fiesta Circle will deteriorate the quality of our immediate neighborhood. In light of her age and experience, we recommend the City do more than mailing a notice to seek her input to confirm this.
Prior owners of 130 Fiesta constructed a large addition to the home that created an eyesore for all three families on Rae Court. The current structure already substantially exceeds established floor area maximums, and an approval of the proposed addition would call into question the meaningfulness of the city's floor area rules. The proposed structural addition would come within five feet of Rae Court while ten foot setbacks are in order for lots in our area. The proposed structural changes would make this home even more inconsistent with the neighborhood.
The lot at 130 Fiesta is 10,010 square feet with a current home measuring 2837 square feet. It is the smallest lot abutting Rae Court and already has the least green space--by far. The proposed addition would create a home that is more than twice the size of ours and many others in the immediate area. New developments elsewhere in the county feature massive homes that have minimal setbacks, massive rooflines and hardscape almost the entire lot; there is certainly availability for those that choose to live in such locations. The Ivy area of Orinda was not developed as such and should not become one through incremental addition after addition to existing homes. The City of Orinda has approved a number of expansions in our immediate area, but this proposed second significant expansion to an already large home is well beyond the character of other approved efforts in our neighborhood.
Had the prior owners proposed these 448 feet at the same time as their development application adding the home's second level, we trust the City would have immediately noted the massiveness of the exception and not approved the same. We request the G.1.i
Packet Pg. 259 Attachment: Zoning Administrator Correspondence (3479 : 130 Fiesta Circle) City consider the impact on neighbors and neighborhoods that sequential large floor area rule exemptions can present and not establish precedent for the same in considering this proposal.
Prior to any approval of this application, a public hearing is requested.
Best regards,
Brad and Gabriela Mozee
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Packet Pg. 260 Attachment: Zoning Administrator Correspondence (3479 : 130 Fiesta Circle) From: Jing Yang
To: Orinda Planning
Subject: Support for the Residential Expansion at 130 Fiesta Cir, Orinda Date: Thursday, August 15, 2024 8:42:53 AM
Dear Members of the Orinda Planning Commission,
I am writing to convey my support for the proposed residential project at 130 Fiesta Cir in Orinda, which you will be discussing in today's session.
As someone who has been part of this community for years, I often take leisure walks near this property. The current structure, while distinctive, could greatly benefit from the planned renovations, particularly in enhancing its livability for all residents.
A key aspect of the renovation that strikes me as particularly thoughtful is the reconfiguration to better accommodate the family's senior members. With elderly relatives frequently staying with them, the need for accessible, first-floor space is not just a convenience but a necessity for their safety and comfort. The proposed design, which includes additional living space on the ground level, would provide this much-needed accessibility, reducing the need for stairs and thereby enhancing the quality of life for the seniors in the family.
Moreover, I am personally acquainted with the homeowners. They are an admirable family, comprising multiple generations under one roof, including two young daughters and plans for more children. The expansion they are proposing is tailored to meet the needs of a bustling, extended family unit, which is something our community should embrace and facilitate.
The new design does not compromise the neighborhood's aesthetics; rather, it promises to integrate seamlessly, maintaining the area's visual harmony without obstructing views or diminishing green spaces. Their request for an exception is, in my view, a modest ask considering the family's size and the inclusivity it promotes for all generations.
Orinda is celebrated for its family-friendly environment, and supporting this project would exemplify our commitment to accommodating families of all sizes and ages, especially those with elderly members who require special consideration. This is an opportunity for us to demonstrate our community's supportive nature, allowing families to grow without the need to relocate.
I appreciate your time and thoughtful deliberation on this matter. I hope the Commission will see the value in approving this project, thereby helping a family continue to contribute to and thrive within our wonderful community.
Sincerely,
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Packet Pg. 261 Attachment: Zoning Administrator Correspondence (3479 : 130 Fiesta Circle) Jing & Luyi Yang
58 Ivy Dr, Orinda CA 94563
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Packet Pg. 262 Attachment: Zoning Administrator Correspondence (3479 : 130 Fiesta Circle) From: [email protected]
To: Orinda Planning
Subject: Proposed Residential Project at 130 Fiesta Cir Date: Thursday, August 15, 2024 9:48:03 AM
Dear Orinda Planning Commission Members,
As you consider the proposed residential project at 130 Fiesta Cir in today's session, I wanted to share my thoughts on why I believe this project is a great fit for our community.
Orinda has always been known for its family-friendly environment, and this project exemplifies the kind of inclusive and supportive community we strive to be. The homeowners, whom I've had the pleasure of getting to know, are a wonderful multigenerational family with a clear vision for their home. Their proposal is not just about expanding their living space, but about creating a safe and accessible environment for their elderly relatives and young children.
One of the aspects that impresses me the most about this project is its thoughtful design. The reconfiguration of the property will not only enhance its livability but also maintain the neighborhood's visual harmony. The additional living space on the ground level will provide much-needed accessibility for the family's senior members, reducing the need for stairs and improving their overall quality of life.
I've had the opportunity to walk in this property many times, and I can attest that the current structure, while unique, is in need of renovation. The proposed design will not only improve the property's aesthetic appeal but also blend seamlessly into the surrounding neighborhood.
What strikes me as particularly noteworthy is the family's commitment to preserving the area's green spaces and views. Their request for an exception is, in my opinion, a reasonable ask considering the family's size and the inclusivity it promotes.
I believe that approving this project would be a great opportunity for our community to demonstrate its supportive nature and commitment to accommodating families of all sizes and ages. I hope you will consider the value this project brings to our community and the positive impact it will have on this wonderful family.
Thank you for your time and consideration.
Best regards,
Jing Yang
4 Mariposa Ln, Orinda, CA 94563
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Packet Pg. 263 Attachment: Zoning Administrator Correspondence (3479 : 130 Fiesta Circle) From: Yuhao Huang
To: Orinda Planning
Subject: Support for Proposed Project at 130 Fiesta Cir, Orinda Date: Thursday, August 15, 2024 9:59:18 AM
I am writing to express my support for the proposed project at 130 Fiesta Cir, Orinda, which is scheduled for a public hearing today.
As a neighbor who frequently walks near the property, I have had the opportunity to observe the current design of the house. While it is certainly unique, I believe the proposed changes will greatly improve its functionality. The current front door location is inconvenient, and the new design would address this issue, making the home more practical for the family.
I also happen to know the homeowners personally. They are a wonderful, multigenerational household with two lovely daughters and frequently visiting grandparents.
They are also expecting to have more children. It is clear that their family is growing, and they need a home that can accommodate their needs. The proposed design is a natural addition to the existing structure and does not block any views or encroach on the green areas in the neighborhood.
I believe the exception they requested is reasonable and should be granted. The request is moderate and, given the size of their family, the expansion is not excessive.
Orinda is known for being a welcoming community, and I believe we should support new families and those who are growing. Approving this project would allow this family to continue enjoying the beautiful living environment that Orinda offers while keeping their children close to the community they cherish.
Thank you for considering my thoughts. I hope the commission will look favorably upon this request.
Sincerely,
Yuhao Huang
30 Descanso Dr, Orinda 94563
--
Yuhao Huang
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Packet Pg. 264 Attachment: Zoning Administrator Correspondence (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 PAGE 1 OF 1
ZONING
ADMINISTRATOR
STAFF REPORT
To: Lashun Cross, Zoning Administrator/
Planning Director
Hearing Date: August 15, 2024
Application: DRA-2024-001, EXC-2024-004
Project Site: 130 Fiesta Circle
APN: 271-233-001
Zoning Designation: RL-10 (Residential Low Density – 10,000 square feet)
Owner: Xiuzhi Wang
Applicant: Eason Yuan
Project Planner: Celina Palmer, AICP, Associate Planner CEQA Status: Categorically Exempt, CEQA §15301(e)(1)
Staff Recommendation:
Approve the Design Review and Exception Permit applications to:
construct 499 adjusted sq. ft. in additions (448 square feet of additions to the living space on the first level, along with a 67 squarefoot front porch and 134 square-foot back porch) to an existing, 2,978 adjusted square-foot, 2-story, single-family residence; including an addition within the required side yard with street frontage setback, resulting in a 3,477 adjusted square-foot, single-family residence, subject to the conditions of approval included in the Draft Statement of Official Action.
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Packet Pg. 265 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004
EXECUTIVE SUMMARY
x The project site is located on the southwest corner of the intersection of Fiesta Circle and Rae Court.
x The site is located in the RL-10 (Residential Low Density – 10,000 Sq. Ft.
Minimum Lot Size) District.
x The subject site contains an approximately 10,010 Sq. Ft. developed parcel, with an existing 2,978 adjusted Sq. Ft., 2-story, single-family residence. x The property has an average slope of approximately 7.6%. x The project proposes construction of 499 adjusted sq. ft. in additions (448 square feet of additions to the living space on the first level, along with a 67 square-foot front porch and 134 square-foot back porch), resulting in a floor area ratio (FAR) of approximately 34.7%.
x No protected trees are proposed for removal as part of this project. x The project will require Design Review by the Zoning Administrator for a singlefamily residence exceeding the maximum allowable home size. x An Exception Permit is required for the addition proposed approximately 5-12 Ft (property line curves) from the side with street frontage property line, where the minimum setback is 20 Ft.
BACKGROUND
x On January 22, 2024, the applicant submitted Design Review and Exception Permit applications to: construct 499 adjusted sq. ft. in additions to an existing, 2,978 adjusted Sq. Ft., 2-story, single-family residence; exceeding the maximum allowable home size, with a portion of the addition within the side yard with street frontage setback.
x On June 18, 2024, Staff provided a 10-day Development Notice to neighbors within 300-feet of the proposed project.
x On June 24, 2024, two members of the public who received the Development Notice sent emails in opposition to the project, expressing interest in requesting a public hearing (included as Attachment B).
x On June 28, 2024, Bradley Mozee submitted the fee to request a Zoning Administrator Public Hearing for the proposed project.
x On August 5, 2024, Staff noticed the project for the August 15, 2024, Zoning Administrator hearing.
x As of the writing of this report, staff have received no additional public comment for this project.
PROJECT DESCRIPTION
The project includes a Design Review and Exception Permit applications to construct 448 square feet of additions to the living space on the first level, along with a 67 squarefoot front porch and 134 square-foot back porch, to an existing, 2,978 adjusted Sq. Ft., PAGE OF 1
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Packet Pg. 266 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 PAGE OF 1
2-story, single-family residence. A portion of the proposed additions is located within the side yard with street frontage setback.
Table 1, Floor Area Distribution, itemizes the square footage for the different areas of the resulting proposed residence and provides the adjusted floor area calculation for the lot.
Table 1. Floor Area Distribution
Areas Existing
(Square-feet)
Proposed
(Square-feet) Net Change
Lower Floor 2,351 2,799 +448
Upper Floor 591 591 0
Carport/Garage 436 436 0
Covered Front Porch 0 67 +67
Covered Back Porch 0 134 +134
Gross Floor Area 3,378 4,027 +649
Garage Credit (§17.6.4[A]) 400 400 -
Covered Porch Adjustment 150 150
Adjusted Floor Area 2,978 3,477 +499
SCOPE OF REVIEW
The zoning regulations applicable to the proposed project have been summarized in Table 2, Development Review Compliance. Compliance with applicable standards is indicated by a “9” in the “Status” row or column. If a standard is not met, it is indicated by a “_” in the “Status” column. If an exception or a variance for a particular standard is being requested, said exception is indicated by “” in the “Status” column.
Table 2. Development Review Compliance
§17.4 – Residential District Base Development Regulations (RL-10 District) Parking Required Proposed Status
Enclosed Spaces 2 2 9
Unenclosed Spaces 2 2 9
Minimum Setbacks
(Feet) Required Proposed Status
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Packet Pg. 267 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 PAGE OF 1
Front Yard 20 10’ – 6” (unchanged)
X (legal nonconforming)
Side Yard 10 9’ – 7”
(unchanged)
X (legal nonconforming)
Side Yard with Street
Frontage 20 5’ (unchanged) (Exception Permit Requested) Aggregate Side Yard 20 14’ – 7” (unchanged) X (legal nonconforming) Rear Yard 10 26’ – 9” 9
Heights (Feet) Maximum Allowed Proposed Status
Building 27 21’ – 10.25” 9
Aggregate 35 21’ – 10.25” 9
Stories 2.5 2 9
§17.6 – Residential Floor Area
Allowed Square Footage (§17.6.8) Proposed Square Footage Status No single-family residence on a lot of less
than twenty thousand (20,000) square feet
may exceed the values shown on the
schedule found in Section 17.6.8 entitled
"Maximum Allowable Home Size Without
Design Review Approval for Lots Less Than
20,000 Square Feet". (Max 2,300 Sq. Ft.
for this parcel)
3,477 adjusted square-feet
(4,027 gross square-feet)
(Design Review
Requested)
§17.30.5 – Basic Design Review Standards
Required Status
§17.30.5 of the OMC findings requires that the development blend with the site and surroundings; be architecturally in scale and compatible with surrounding residences; provide landscape screening; and be sensitive to surrounding residences.
Subject to Zoning
Administrator
discretion and review.
Zoning District Requirements
The subject property is in the RL-10 (Residential Low Density – 10, 000 square foot minimum lot size) Zoning District. The proposed project complies with the quantitative criteria of Title 17, Zoning of the OMC or has requested an Exception Permit. It should be noted that the quantitative criteria are not entitlements and at the Zoning Administrator’s discretion, more restrictive standards may be applied to meet the objectives of Title 17 and the spirit and intent of the City’s General Plan.
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Packet Pg. 268 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 PAGE OF 1
Residential Floor Area
Section 17.6, Residential Floor Area, of the OMC is intended to preserve the established characteristic of Orinda’s residential setting, assure that development responds to the limitations created by the parcel size and topography, minimize the impact that the development might have on the site and its surroundings, and limit the environmental damage of tree removal and grading. At the same time, §17.6 of the OMC also recognizes the need to expand the range of home sizes to accommodate growing needs as well as diversify the residential development palette.
To evaluate the proposed project’s relative size, staff analyzed the surrounding neighborhood within a 300-foot radius of 130 Fiesta Circle. Figure 1 shows a map of the surrounding neighborhood, indicating the 300-foot radius of parcels that were analyzed.
The subject property is 10,0010 square-feet in size and the project would result in a 3,477 adjusted square-foot (4,027 gross square-foot), two-story residence with approximately 34.7% FAR. Neighboring residences in a 300-foot radius contain a living space that ranges from 1,351 to 3,159 square-feet with an average of 2,056.59 squarefeet. The proposed project would result in the subject property having the largest total living space, with the largest FAR for the neighborhood.
Figure 1: Neighborhood properties within a 300-foot radius of 130 Fiesta Circle.
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Packet Pg. 269 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 PAGE OF 1
Table 3. Subject Property & Neighboring Properties
Proposed Project
Site Address Lot Size
(Net SF)
Adjusted Floor
Area (SF)
Gross Floor Area
(SF)
FAR
(Based on
Adjusted Floor
Area)
130 Fiesta Circle 10,010 3,477 4,027 34.7%
Surrounding Properties (300-foot radius) & Existing Residence Site Address Lot Size
(Gross SF) Existing Floor Area (SF) FAR
31 ARROYO Dr 49,600 2,868 5.78%
8 RAE DR 37,500 1,676 4.47%
9 RAE DR 36,000 2,053 5.70%
151 FIESTA CIR 15,210 1,457 9.58%
149 FIESTA CIR 17,875 2,298 12.86%
147 FIESTA CIR 15,295 2,359 15.42%
145 FIESTA CIR 14,336 1,913 13.34%
143 FIESTA CIR 13,965 1,398 10.01%
141 FIESTA CIR 12,635 1,392 11.02%
139 FIESTA CIR 13,100 1,369 10.45%
132 FIESTA CIR 11,325 1,405 12.41%
134 FIESTA CIR 11,305 1,351 11.95%
136 FIESTA CIR 18,335 1,738 9.48%
138 FIESTA CIR 12,600 1,450 11.51%
140 FIESTA CIR 12,635 1,775 14.05%
137 FIESTA CIR 14,410 2,449 17.00%
111 CORAL DR 11,316 1,548 13.68%
109 CORAL DR 11,790 2,414 20.47%
107 CORAL DR 10,890 1,690 15.52%
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Packet Pg. 270 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 105 CORAL DR 10,906 2,641 24.22%
106 CORAL DR 13,050 1,512 11.59%
108 CORAL DR 14,805 2,672 18.05%
110 CORAL DR 17,000 2,533 14.90%
112 CORAL DR 12,160 3,159 25.98%
114 CORAL DR 10,480 1,448 13.82%
116 CORAL DR 31,520 3,041 9.65%
118 CORAL DR 11,760 2,142 18.21%
120 CORAL DR 11,790 3,121 26.47%
122 FIESTA CIR 10,000 2,842 28.42%
124 FIESTA CIR 10,050 2,314 23.02%
126 FIESTA CIR 10,480 1,456 13.89%
5 RAE CT 11,300 2,929 25.92%
3 RAE CT 11,000 1,566 14.24%
2 RAE CT 13,000 1,945 14.96%
Neighborhood Statistics
Lot Size (SF) Existing Floor Area (SF) FAR
High 49,600 3,159 28.42%
Low 10,000 1,351 4.47%
Average 15,865.38 2,056.59 14.94%
Median 12,635 1,929 13.855%
NOTE: Data regarding neighboring lot size, adjusted floor area, and FAR is pulled from the Contra Costa County Building Inspection Department records. The Building Inspection Department calculates net lot size and adjusted floor area differently from the Planning Department. As such, the numbers presented in this comparison are intended to provide a general comparison rather than an exact listing of values.
§17.30.5 – Basic Design Review Standards
Siting and Neighborhood Context
The proposed development is designed and located on the site so that it is visually harmonious with, but not necessarily identical to, other structures in the neighborhood. The proposed development is designed to blend into the existing landscape and natural context, protect undeveloped ridgelines and hillsides, PAGE OF 1
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Packet Pg. 271 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 maintain the dominance of wooded and open ridges and hillsides, and preserve significant or unique scenic vistas.
The project site is located on the southwest corner of the intersection of Fiesta Circle and Rae Court. The subject property has an average slope of approximately 7.6% and has access off of Fiesta Circle. The site sits slightly lower than Rae Court. The site is surrounded by one and two-story single-family residences.
The proposed home would be in compliance with the OMC standards for building height and aggregate building height; and would resemble neighborhood residences through the design elements.
The proposed development is visually harmonious with other structures in the neighborhood; in that, the materials (stucco and siding) are prevalent in many of the surrounding homes and the muted earth tones are complimentary to the colors of neighboring homes as well. The proposed additions are to be located on the first level of the existing residence and will therefore have no effect on the view of unique scenic vistas.
Design
The design elements are visually harmonious, in scale with the size of the structure, and balance environmental considerations. If the proposed development is an addition or remodel of an existing structure, the existing construction and proposed construction are visually harmonious. Facades and exterior walls shall be designed to reduce the blocky or massive features of building surfaces and provide articulation.
The addition will be harmonious with the existing home. The additions will utilize the same colors and materials to match the existing home, including stucco in a light beige color. The structure includes a variety of rooflines to provide articulation. The placement and style of windows complement the overall design of the structure.
Additionally, the proposed addition on the north side of the existing residence will be screened by the existing fencing.
In addition, the project proposes a redesign of the entry. The addition to the front of the home, including the new porch with 3 cut-out arches, will provide articulation and create a visually appealing entry and add character to the home, defining the entry and giving it a more welcoming presence.
Please refer to the attached Colors and Materials Board and Figure 2 for detail.
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Packet Pg. 272 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
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Privacy, Views, Light, and Air
The proposed development does not impair the existing views, block access to light and air, or infringe on the privacy of neighbors in a substantial fashion. In considering this factor, decision makers shall balance the importance of minimizing impacts on neighboring properties and the applicant’s ability to develop the property.
The project would not block or impair views for adjacent properties as defined in OMC §17.22.4. From Rae Court, the property downslopes away from the roadway. The proposed project will construct additions on the first level of the home, within the existing recesses of the house. There will be no change to the second level of the home. Therefore, the proposed additions will not impair the existing views, block access to light and air, or infringe on the privacy of neighbors in a substantial fashion. The home will maintain the existing distance from the front and side property lines. The rear porch will cause the structure to be closer to the rear property line; however, it will continue to be located outside of the setback and will be approximately 27 feet from the rear property line.
Landscaping
Primary landscaping elements complement and are appropriate for the structure, the site, and the neighborhood.
The proposed project does not include changes to the existing landscaping. No protected trees are proposed for removal and all existing landscaping would remain.
Figure 2: Proposed colors and materials.
Figure 3: Aerial view of the site showing existing landscaping.
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Packet Pg. 273 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 §17.32 – Exception – To §17.4.2, Side Yard with Street Frontage Setback restrictions
The strict application of the respective zoning regulations will either: (1) deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district, because the site's unique characteristics, such as an irregular or constrained size, shape or topography, or limitations created by the site's existing development, limit design options available to the subject property; or (2) serve no land use planning purpose under this title or the general plan because of the absence of any negative impact whatsoever on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as a result of the size, shape, location or topography of the site.
The strict application of zoning regulations, specifically the required side yard with street frontage setback, will serve no land use planning purpose under this title or the general plan, as there will be no negative impact whatsoever on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as the addition is located on the first floor and is blocked from view of public right-of-way by an existing fence along the site’s property line. Additionally, the site is situated lower than the adjacent Rae Court, further obscuring the addition from view.
The exception will result in development which substantially complies with the intent and purpose of the requirements, including design review, of the land use district in which the subject property is located.
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Packet Pg. 274 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) ZONING ADMINISTRATOR STAFF REPORT – AUGUST 15, 2024
130 FIESTA CIRCLE (271-233-001) y DRA-2024-001, EXC-2024-004 PAGE 1 OF 1
The exception will result in development which complies with the intent and purpose of the requirements; in that, the exception will expand an existing single-family residence which is a use allowed by right in the RL-10 zoning district.
For a project affecting an existing structure: 1. The exception does not substantially increase the degree of an existing nonconformity; and 2. The exception is necessary to preserve or enhance a feature of the existing structure which is architecturally or functionally appropriate.
The exception will not substantially increase the degree of the existing nonconformity, as it will “fill out” an existing building recess and maintain the residence’s existing setback from the northern (side with street frontage) property line. The purpose of the addition is to improve the functionality of the residence for the owners.
An exception from sign size limitations is necessary for the sign to remain proportional to preexisting architectural features or site conditions.
Not applicable.
RECOMMENDATION
Staff recommends approval of Design Review and Exception Permit applications, DRA2024-001 and EXC-2024-004, to construct 499 adjusted sq. ft. in additions (448 square feet of additions to the living space on the first level, along with a 67 square-foot front porch and 134 square-foot back porch) to an existing, 2,978 adjusted Sq. Ft., 2-story, single-family residence; with a portion of the additions within the side yard with street frontage setback, subject to the conditions of approval included in the Draft Statement of Official Action PC-SOA-2024-002.
________________________________________________
ATTACHMENT(S)
A. Project Plans and Color Board
B. Public Comment
C. Proposed Statement of Official Action, ZA-SOA-2024-0032 G.1.j
Packet Pg. 275 Attachment: Zoning Administrator Staff Report (3479 : 130 Fiesta Circle) G.1.k
Packet Pg. 276 Attachment: Letters to City Council from Neighbors of 130 Fiesta Circle - Received 11.25.2024 (3479 : 130 Fiesta Circle) G.1.k
Packet Pg. 277 Attachment: Letters to City Council from Neighbors of 130 Fiesta Circle - Received 11.25.2024 (3479 : 130 Fiesta Circle) G.1.k
Packet Pg. 278 Attachment: Letters to City Council from Neighbors of 130 Fiesta Circle - Received 11.25.2024 (3479 : 130 Fiesta Circle) City Council
Staff Report
Agenda Item: H.1
Date: December 3, 2024
Department:
Public Works and
Engineering Services
AGENDA TITLE: Final Design Concept for Crossroads Park (CIP project #4103) and Related Actions
RECOMMENDATION:
Take the following actions: 1) Receive the presentation; 2) Approve revised design concept; 3) Approve Amendment #2 to the Contract with Gates & Associates; and 4) Approve Budget Change Form #005-25.
BACKGROUND:
At the October 1, 2024, meeting, the City Council reviewed options for completion of the Crossroads Park project. The City Council supported the “Baseline” case design (Attachment A), which involved the least amount of flatwork/sidewalk removal and minimal re-landscaping. The City Council also supported the “fin” style ORINDA monument sign (from the 2018 design concept) and requested that additional trees (approximately 10), with string lights, be added to help screen the building.
The City Council also asked Staff to contact the Orinda Community Foundation to determine if they would consider increased funding, and to seek potential funding from the Orinda Garden Club.
DISCUSSION:
Design Concept
Staff worked with Gates & Associates (the design firm/Landscape Architect engaged for this project) to provide an updated concept design (Attachment B) to reflect direction received at the October 1, 2024, meeting. Staff presented this concept to the Parks & Recreation Commission on November 13, 2024, and the Arts in Public Places Committee on November 18, 2024.
Also attached for reference is a photo of the current view of the Crossroads Park (Attachment C).
Funding and Cost Estimate
The construction cost estimate for the Baseline case plus the desired trees is $180,000.
The design cost to complete detail plans and specifications for this concept is approximately $28,000. Additionally, $15,000 is estimated for construction administration by the Landscape Architect (refer to Gates proposal, Attachment E).
Therefore, a total of $223,000 is estimated to complete the project.
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The CIP project budget has $106,000 available, which will require additional funding of $117,000. Staff recommends this amount be appropriated from the Capital Improvement Fund 700, which has sufficient available balance.
Funding/Shortfall to Complete Project
Construction Cost $180,000
Design Cost $28,000
Construction Administration $15,000
Total: $223,000
Available Balance in CIP $106,000
Shortfall Needed from CIP Fund 700 $117,000
Staff consulted with the Orinda Community Foundation regarding this project, and they confirmed their plan to donate $50,000 for this project. They were not interested in increasing the amount at this time but were open for further consideration after the outcome of today’s meeting. With respect to the Orinda Garden Club, Staff has reached out to them but have yet to receive a response by the posting of this agenda.
Amendment to Gates Contract
The professional services contract with Gates & Associates requires an amendment to complete the above-described design work and contract administration. Gates provided conceptual work related to this project’s development in 2014 and 2015, apparently under an informal contract, and the cost of that work, amounting to approximately $33,000, did not get charged to the subject CIP project.
Subsequent to that work, a formal contract with Gates was executed on December 5, 2016, for an amount of $35,000. A proposed Amendment #1 was considered at the October 16, 2018, City Council meeting, but it was not formally approved. On June 4, 2019, Staff updated the City Council on the project and discussed upcoming amendments to the Gates contract.
On October 22, 2019, City Council approved an amendment of $43,000 (the staff report denoted it as Amendment #2; however it should be Amendment #1). Therefore, the amended contract value at that time was $78,000. To date, actual expenditures to the contract total $51,500. For accounting purposes, it is recommended that the contract value to date be adjusted to the $51,500 value.
Gates’ proposal to complete the remaining work (Attachment E) is for a not-to-exceed amount of $43,445. (The contract is on an actual time and materials basis. If the recommended design is approved tonight, the actual costs will likely be less since the proposal assumed a larger project scope.) Staff recommends authorizing Amendment #2 (Attachment F) to provide for completion of the project. The total Gates contract value, including the subject Amendment #2, will be $94,945 ($51,500 + $43,445).
NEXT STEPS:
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Upon approval of the design concept, Staff will finalize Amendment #2 (in substantial conformance to Attachment F) with Gates & Associates to complete plans and specifications. Upon completion of this process, including required PG&E review of the plans, Staff will then solicit bids for construction.
FISCAL IMPACT:
To date, $82,428 has been charged to Project #4103, for design services, fountain and irrigation repairs and some landscaping additions and replacements. With the cost to complete the project as described above, the total project cost is forecast to be approximately $310,000. An additional appropriation of $117,000 is necessary to complete Project #4103, and approval of Budget Change Form #005-25 (Attachment H) will provide this additional budget allocation from the Capital Improvement Fund (Fund 700).
ATTACHMENTS:
A. Baseline Scope of Work
B. Concept Design - Fin Sign Streetview Photosimulation C. Image of Current Area
D. CIP Detail Page - Project Number 4103 Crossroads Park E. Revised Consultant Proposal - June 2024
F. Amendment #2 to Contract with Gates and Associates
G. October 29, 2024 Email Communication from Artist Angelina Duckett H. Budget Change Form #005-25
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:
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H.1.a
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Attachment: Baseline Scope of Work (3472 : Crossroad Park Design Approval) H.1.b
Packet Pg. 283 Attachment: Concept Design - Fin Sign Streetview Photosimulation (3472 : Crossroad Park Design Approval) H.1.c
Packet Pg. 284 Attachment: Image of Current Area (3472 : Crossroad Park Design Approval) H.1.d
Packet Pg. 285 Attachment: CIP Detail Page - Project Number 4103 Crossroads Park (3472 : Crossroad Park Design Approval) June 05, 2024 rev
Todd Trimble
Parks and Recreation Director
City of Orinda
28 Orinda Way, Orinda CA 94563
[email protected]
Dear Todd,
Thank you for the opportunity to submit the following proposal for landscape architectural, civil and electrical design services for Crossroads Park (Orinda Mini Park), Orinda. We have based the scope on the concept that was approved by City Council in October 2019. See image below.
If the attached work scope is acceptable, please sign a copy of this letter and return to us for our files.
Sincerely,
Erik Gellerman
Senior Associate
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Packet Pg. 286 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Crossroads Park (Orinda Mini Park)
June 05, 2024