Agenda packet, regular meeting — Orinda City Council, February 18, 2025

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, February 18, 2025
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 02.18.25
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-Comment
REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Cara Hoxie, Janet Riley
Vice Mayor Brandyn Iverson, Mayor Latika Malkani
B. PLEDGE OF ALLEGIANCE
City Council
Agenda Page 2 02.18.25
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.

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

F. CONSENT CALENDAR
F.1. Minutes Approval
Recommendation:

Approve City Council Minutes:

1. February 4, 2025 Regular Meeting
F.2. Local Appointments List of Boards, Commissions, and Committees 2025
Recommendation:

Review and Receive the Local Appointments List of Boards, Commissions, and Committees, as Required by the Maddy Act.

F.3. AB 2561 Report on the Status of Vacancies and Recruitment and Retention for Calendar Year 2024 (Public Hearing)
Recommendation:

Review and accept the report on the status of vacancies and recruitment and retention for calendar year 2024.

F.4. Agreement with Lisa Wise Consulting for an Economic Feasibility Study and Creation of an Inclusionary Housing Ordinance Recommendation:

Approve the Agreement with Lisa Wise Consulting, LLC., and authorize the City Manager to approve up to 10% contingency based on evaluation of additional services; and approve Budget Change Form #007-25.

F.5. Agreement with Opticos Design, Inc. to Establish Citywide Objective Design Standards
City Council
Agenda Page 3 02.18.25
Recommendation:

Approve the Agreement with Opticos Design, Inc. and approve the budget change form.

F.6. Authorization to Amend Agreement with Rincon Consultants Recommendation:

Authorize the City Manager to Execute a Second Amendment to the Agreement with Rincon Consultants and Approve a Budget Change.

F.7. Award Construction Contract to City Mechanical Inc. for the Library HVAC Rehabilitation Project (CIP #4174)
Recommendation:

Award the construction contract to City Mechanical Inc. in the amount of $341,799 (for control system and energy efficiency upgrades); authorize contingency of up to $148,581; and appropriate $360,000 in additional funding for the project by approving Budget Change Form #006-25.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Review of Orinda Municipal Code Chapter 17.21 (City's Tree Management Ordinance)
Recommendation:

Receive the report and provide direction on whether to proceed with revisions to the City's Tree Management Ordinance.

H.2. City of Orinda’s 40th Year of Incorporation
Recommendation:

Discuss ideas to celebrate the City of Orinda’s 40th anniversary of incorporation.

I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
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 REAL PROPERTY NEGOTIATORS. Pursuant to City Council
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Government Code Section 54956.8, conference with Real Property Negotiators. Property: approximately 16 acres of land commonly known as the “Wagner Ranch Nature Area,” which is located northwest of the Wagner Ranch School at 350 Camino Pablo in Orinda. Agency negotiators:

Linda Smith (City Manager), and Osa Wolff (City Attorney). Negotiating parties: City of Orinda and the Orinda Union School District, the current owner. Under negotiation: Price and terms of possible future City acquisition of the property.
b. 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.

The next meeting of the Orinda City Council will be held on Tuesday, March 04, 2025 at 7:00 PM.

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

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

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

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ 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 City Council
Agenda Page 5 02.18.25
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: F.1
Date: February 18, 2025
Department: City Clerk
AGENDA TITLE: Minutes Approval
RECOMMENDATION:

Approve City Council Minutes:

1. February 4, 2025 Regular Meeting
BACKGROUND:

The following City Council Minutes are attached for review and adoption.

1. February 4, 2025 Regular Meeting
ATTACHMENTS:

A. City Council Minutes of February 4, 2025
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 4 02.04.25
FEBRUARY 4, 2025

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 - ORINDA LIBRARY AUDITORIUM A. CALL TO ORDER / ROLL CALL:

Vice Mayor Iverson called the Regular Meeting to order at approximately 7:00 p.m.

COUNCILMEMBERS PRESENT: Darlene Gee, Cara Hoxie, Janet Riley Vice Mayor Brandyn Iverson
COUNCILMEMBERS ABSENT: Mayor Latika Malkani
B. PLEDGE OF ALLEGIANCE – Led by Vice Mayor Iverson
C. ADOPTION OF AGENDA
MOTION by Councilmember Hoxie, and seconded by Councilmember Gee, to adopt the agenda. Said motion carried by unanimous (4-0) roll call vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Recognizing Black History Month in Orinda - February 2025
Vice Mayor Iverson and Councilmembers recognized February 2025 as Black History Month in Orinda. Vice Mayor Iverson opened the Public Forum, and there were no speakers.

E. PUBLIC FORUM
Vice Mayor Iverson stated the City Council had received a written correspondence from Meredithe Kreis.

Nick Waranoff referred to the October 1, 2024 proclamation on United Against Hate and self-reported his expression of hate. He also questioned reasons why students are required to express what they want their pronoun to be.

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Attachment: City Council Minutes of February 4, 2025 (3527 : Minutes Approval) Orinda City Council Minutes Page 2 of 4 02.04.25
Alicia Keinan, President of the Orinda Network for Education, or “ONE” spoke of Orinda’s quality of education, recognized how much the community rallies over its schools, said ONE’s fundraising event in April at the Wilder Art and Garden Center is about reinforcing the idea that schools are at the heart of the community, and that students continue to benefit in future years.

Emily Allen, Executive Director, ONE, said their schools are among the lowest funded in the State, cited their community support and fundraising for educational programs, noting they are the largest non-profit in the community, and invited the Council to their event in April.

Liz Dauost said she is a former School Board Member, campaign partner for local measures, and will chair the OUSD parcel tax campaign. She requested a waiver of the fees or that the City become a sponsor of their April fundraising event.

Meredithe Kreis, Glorietta Elementary School parent and on behalf of the Glorietta Parent’s Club, requested the Council expedite the placement of professional crossing guards at the Glorietta Boulevard/Martha Road and Martha Road/Hillcrest School crosswalks. She cited a lack of pedestrian safety, described the quote obtained from All City Management Services for crossing guards, and requested expediting the matter. If Glorietta Parents Club can move faster, she asked for confirmation that the City will not stand in their way, given the crosswalks are the City’s official jurisdiction.

Dave Shesgreen spoke in favor of crossing guards, thinks it is only a matter of time before a tragedy happens, and asked to take action now for the safety of children in the community.

Tony Chow spoke about the need for safety, thinks there should be no issue if parents want to pay for crossing guards, and noted there are no sidewalks on streets with vehicles speeding.

F. CONSENT CALENDAR
Vice Mayor Iverson asked and confirmed there were no requests for removal of items and no public comments.

F.1. Minutes Approval
Recommendation:

Approve City Council Minutes:

1. January 21, 2025 Closed Session Meeting

2. January 21, 2025 Regular Meeting
F.2. Quarterly Investment Report for Period Ending December 31, 2024 Recommendation:

Accept the Quarterly Investment Report for the period ending December 31, 2024
MOTION by Councilmember Gee, and seconded by Councilmember Riley, to approve Consent Calendar Item F.1, F.1.2, and F.2. Said motion carried by unanimous (4-0) roll call vote.

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Attachment: City Council Minutes of February 4, 2025 (3527 : Minutes Approval) Orinda City Council Minutes Page 3 of 4 02.04.25
RECESS – CONVENE GHAD MEETING
Vice Mayor Iverson called for a recess at 7:25 p.m. to begin the GHAD meeting. She tabled the rest of the meeting until the GHAD meeting concludes, and called the GHAD meeting to order.

ADJOURN GHAD MEETING/RECONVENE THE REGULAR CITY COUNCIL MEETING Vice Mayor Iverson reconvened the regular City Council meeting at 7:45 p.m.

G. PUBLIC HEARINGS – None.

H. POLICY MATTERS – None.

I. COUNCILMEMBER REPORTS – Councilmember Hoxie reported on her attendance at the League of California Cities Conference in Sacramento.

Vice Mayor Iverson reported on her attendance at an educational opportunity on recent housing laws and said she would share the PowerPoint.

Councilmember Gee reported on her attendance to the Contra Costa County Transportation Authority SWAT meeting yesterday and stated the Board received an update on CCTA efforts on both the progress of the Smart Signals program and their continuing negotiations with Caltrans over the grant for the evacuation study for the County.

Vice Mayor Iverson asked and confirmed Councilmember Gee will share materials via the City Manager and City Clerk of the CCTA item.

J. CITY MANAGER'S REPORT – City Manager Smith reported on the CALTRANS comments, CCTA Transportation Plan, the Sister City Student Exchange Program, the upcoming Rotary Crab Feed, the future electronic traffic safety citation program, and the crossing guard request.

Vice Mayor Iverson asked if the Council would need to bring up a Matters Initiated on the crossing guard request or if it was premature.

City Manager Smith said that she was waiting for a written request from the OUSD Superintendent and had reached out to her earlier in the day to check on the status of that.

She said she would report back to the Council once that is received.

K. MATTERS INITIATED – Councilmember Riley referred to comments speakers raised about waiving the rental cost of the Art and Garden Center for the April event and asked if there is a separate rate for non-profits.

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Attachment: City Council Minutes of February 4, 2025 (3527 : Minutes Approval) Orinda City Council Minutes Page 4 of 4 02.04.25
Parks and Recreation Director Todd Trimble said there are a number of different rates for different rental locations and facilities. The City’s fee schedule is updated annually.

The Center can be rented as a single studio or as the three adjacent studios at a slight discount. There are commercial, private, and non-profit rates for resident and non-resident rates, and a special rate for OUSD and Miramonte. With ONE Orinda being a non-profit, it is the lowest rate and is about 50% lower than the commercial rate and about 20% lower than the private rate.

City Manager Smith clarified the approximate dollar amount.

Councilmember Riley said it likely just over $1,000 for five hours and ONE Orinda is asking the City to waive $1,000, and confirmed this is already at a discount.

Councilmember Hoxie asked if the Council wanted to sponsor the event, lower rates, and/or discuss the matter on a future agenda. City Attorney Wolff stated a Councilmember can make a motion for a Matters Initiated, and if there is a second, the Council can vote on whether the matter can return for discussion.

MOTION by Councilmember Riley, and seconded by Councilmember Gee, to approve a Matters Initiated to discuss the possibility of sponsorship and waiving rates for nonprofits and public affiliates in Orinda. Said motion carried by unanimous (4-0) roll call vote.

L. ADJOURNMENT
Vice Mayor Iverson adjourned the meeting at 7:55 p.m. to Closed Session.

M. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. PUBLIC COMMENTS of Closed Session Matters - None

3. CLOSED SESSION

4. REPORT OUT OF CLOSED SESSION - None
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.

The Regular Meeting was adjourned at approximately 9 p.m. to the next Regular City Council Meeting on Saturday, February 8, 2025 at 9:00 a.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of February 4, 2025 (3527 : Minutes Approval) City Council
Staff Report
Agenda Item: F.2
Date: February 18, 2025
Department: City Clerk
AGENDA TITLE: Local Appointments List of Boards, Commissions, and Committees 2025
RECOMMENDATION:

Review and Receive the Local Appointments List of Boards, Commissions, and Committees, as Required by the Maddy Act.

BACKGROUND:

Government Code Section 54972 requires the legislative body to annually, on or before December 31, prepare and post a list of “…all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency…with the name of the incumbent appointee, the date of appointment, the date the term expires and the necessary qualifications for the position.” The list is attached for your review and information.

DISCUSSION:

On Saturday, February 8, 2025, the City Council held interviews with applicants and made appointments to the Boards and Commissions with upcoming term expirations or vacancies.

NEXT STEPS:

The attached list will be posted on the City’s bulletin boards located at City Hall, Community Center, and Library and also be placed on the City’s website.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

ATTACHMENTS:

A. Local Appointment List of Boards, Commissions, Committees (as Required by the Maddy Act)
Respectfully Submitted by:

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

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Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/18/25

CITY OF ORINDA

BOARDS,COMMISSION,

COMMITTEES LOCAL

APPOINTMENTS LIST
(MADDY ACT)
In compliance with the requirements of the Maddy Act, Government Code 54972, the following appointment list is posted on an annual basis by December 31. It shows all current members of City Commissions and Committees, City Appointments to Local Boards and includes the dates of their terms of office as of the time of this posting.

CITY COMMISSION AND COMMITTEES

ART IN PUBLIC PLACES COMMITTEE
Regular Meetings: 3:30 p.m. 3
rd Monday of
month Qualifications: Resident of the City
At Large Initial Term
Committee Members Appointment Reappointment Expiration
Shelley Hubner 02/09/19 1/22, 2/25 02/28/28
Ted Urban 2/27/21 2/24 02/28/27
Richard Thompson 03/15/14 2/17, 2/20, 2/23 02/28/26

FINANCE ADVISORY COMMITTEE
Regular Meetings: 6:30 p.m. 4
th Wednesday of month
Qualifications: Resident of the City
Initial Term
Committee Members Appointment Reappointment Expiration
Joan Kiekhaefer 02/24/23 02/28/26
Wendy Wee 02/24/23 02/28/26
Brad Scott 02/27/21 2/24 02/28/27
James Keefe 02/27/21 2/24 02/28/27
Jorge Escobar 02/24/24 02/28/27

HISTORIC LANDMARKS COMMITTEE
Regular Meetings: 3:00 p.m. 3
rd Tuesday Quarterly (Sept./Dec./March/June)
Qualifications: Resident of the City
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Attachment: Local Appointment List of Boards, Commissions, Committees (as Required by the Maddy Act) (3526 : Local Commission Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/18/25
Initial Term
Committee Members Appointment Reappointment Expiration
Laurie Smith 02/23/13 2/19, 1/22, 2/25 02/28/28
Jeffrey Lyon 02/11/23 02/28/26
Jeanne HuangLi 02/11/23 02/28/26
Bill Waterman 03/15/14 2/20 , 2/23 02/28/26
1/17
Tania DeGroot 03/21/15 2/21, 2/24 02/28/27

LIBRARY FACILITY COMMITTEE
Regular Meetings: As Needed
Qualifications: Resident of the City, Member of the Friends of the Orinda Library FOL Appoint Initial Term
Committee Members Appointment Reappointment Expiration
Julie Rossiter 06/05/14 NA
Suzie Epstein 06/05/14 NA
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Regular Meetings:

As Needed
Qualifications:

LIBRARY PARCEL TAX INDEPENDENT REVIEW COMMITTEE
Regular Meetings: As Needed
Qualifications: Finance Advisory Committee, 3 Members of the Friends of the Orinda Library
FOL Appoint Initial Term
Committee Members Appointment Reappointment Expiration
Amy Worth 01/01/24 NA
Fran Strykowski 11/01/18 NA
Linda Landau 11/01/18 NA

PARKS & RECREATION COMMISSION
Regular Meetings: 7:00 p.m. 2
nd Wednesday of the month
Qualifications: Resident of the City
Initial Term
Commissioners Appointment Reappointment Expiration
Neil Gariepy 02/08/25 02/28/28
Mike Webster 02/08/25 02/28/28
Alex Drexel 02/09/19 2/20, 2/23 02/28/26
Laura Riley 02/11/23 02/28/26
Tara Presnell 05/18/17 2/21, 2/24 02/28/27
Steven Danziger 01/27/18 2/21, 2/24 02/28/27
Sarah Speron 02/24/24 02/28/27
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Attachment: Local Appointment List of Boards, Commissions, Committees (as Required by the Maddy Act) (3526 : Local Commission Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/18/25

PLANNING COMMISSION
Regular Meetings: 7:00 p.m. 2
nd and 4th Tuesdays of the month
Qualifications: Resident of the City
Initial Term
Commissioners Appointment Reappointment Expiration
Molly Doctors Rajashekhar 05/21/24 5/24, 2/25 02/28/28
Michael Merola 02/08/25 02/28/28
Robert Hubner 02/09/19 1/22, 2/25 02/28/28
Ann Parnigoni 02/22/20 2/23 02/28/26
Kumani Armstrong 02/24/23 02/28/26
Marian Jelinek 01/27/18 2/21, 2/24 02/28/27
Kevin Schmidt 02/24/24 02/28/27

SUPPLEMENTAL SALES TAX OVERSIGHT COMMISSION
Regular Meetings: 6:30 p.m. 2nd Wednesdays of the month Qualifications: Resident of the City
At Large Initial Term
Committee Members Appointment Reappointment Expiration
Jud Hammon 02/27/21 2/24 02/28/27
Chris Decareau 02/27/21 2/23 02/28/26
Todd Stern 02/08/25 02/28/26
Brad Barber 02/27/21 1/22, 2/25 02/28/28
Yasaman Lee 02/27/21 1/22, 2/25 02/28/28
Alex Weinstein 02/27/21 2/24 02/28/27
Rachelle Latimer 02/27/21 2/23 02/28/26

TRAFFIC SAFETY ADVISORY COMMITTEE
Regular Meetings: 7:00 p.m. 3rd Monday of the
month Qualifications: Resident of the City
Initial Term
Committee Members Appointment Reappointment Expiration
Nicholas Mitchel 02/09/19 2/23 02/28/26
James Blaisdell 02/08/25 02/28/28
Brandon Haydu 10/19/21 2/24 02/28/27
Daryl Soe 02/24/24 02/28/27
Tandra Ericson 02/08/25
02/27/21
02/28/28
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Attachment: Local Appointment List of Boards, Commissions, Committees (as Required by the Maddy Act) (3526 : Local Commission Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/18/25

CITY APPOINTMENTS TO LOCAL BOARDS

CONTRA COSTA MOSQUITO AND VECTOR CONTROL DISTRICT TRUSTEE Regular Meetings:

Qualifications:
2 nd Monday of the month
Contra Costa County taxpayer; at least 18 years of age.

Representative:

Term Expiration:

Kevin Marker, [email protected]
02/28/29
Initial Appointment: 01/27/18, 2/27/21, 2/8/2025

COUNTY LIBRARY COMMISSION
Regular Meetings: 7:00 p.m. 4
th Thursday every other month
Representative: Mr. Shrikant Garde
Term Expirations: 02/28/26
Initial Appointment: 07/06/21
Reappointments:

Alternate: VACANT
Term Expirations: 02/28/23
Initial Appointment:

COUNTY CONNECTION CITIZENS ADVISORY COMMITTEE
Regular Meetings: 2nd Tuesday of the month
Representative: VACANT
Term Expiration: 01/29/24
Initial Appointment: 01/29/22

CONTRA COSTA TRANSPORTATION AUTHORITY CITIZEN ADVISORY

COMMITTEE
Regular Meetings: 6:30 p.m. 4
th Wednesday of the month
Representative: Tandra Ericson
Term Expiration: 02/28/29
Initial Appointment: 02/08/25
Reappointments:

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Attachment: Local Appointment List of Boards, Commissions, Committees (as Required by the Maddy Act) (3526 : Local Commission Prior to the City Commission and Committee term expiration dates noted herein or when a vacancy occurs, the City of Orinda encourages residents to apply for positions on the various City Commissions and Committees. For further information, contact the Orinda City Clerk’s Office at [email protected]
Local Appointment List Page 6 2/18/25

CONTRA COSTA COUNTY ADVISORY COUNCIL ON AGING
Regular Meetings: 9:30 a.m. 3
rd Wednesday of month
Representative: CANDACE EVANS
Term Expiration: 09/30/27
Initial Appointment: 02/27/21
Reappointment: 02/24/24
City representative recommended by City; Appointment made by Board of Supervisors F.2.a
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Attachment: Local Appointment List of Boards, Commissions, Committees (as Required by the Maddy Act) (3526 : Local Commission City Council
Staff Report
Agenda Item: F.3
Date: February 18, 2025
Department: Human Resources
AGENDA TITLE: AB 2561 Report on the Status of Vacancies and Recruitment and Retention for Calendar Year 2024 (Public Hearing)
RECOMMENDATION:

Review and accept the report on the status of vacancies and recruitment and retention for calendar year 2024.

BACKGROUND:

AB 2561, a new law effective January 1, 2025, was introduced to address the challenge of job vacancies in local government, which can negatively impact public service delivery and employee workload. Among other requirements, the law mandates that public agencies present information on the status of job vacancies, as well as their recruitment and retention efforts, at least once per fiscal year during a public hearing before the governing body. This legislation is codified in Government Code section 3502.3.

To comply with AB 2561, public agencies must hold an annual hearing to update on vacancies and recruitment/retention efforts. This report fulfills the City’s legal obligation under the new law. Additionally, the attached internal administrative procedures have been developed to provide clear guidelines for ensuring compliance with AB 2561.

Since the City Council adopts a multiyear budget during the fiscal year, the hearing on vacancies and recruitment/retention efforts must occur prior to the final budget adoption.

To ensure the accuracy of vacancy data, the City will present information on vacancies from the previous calendar year.

City staff also invited Teamsters Local Union No. 856, which represents the General Employees' unit, to provide a presentation during this meeting.

DISCUSSION:

The City of Orinda maintains a total of 40.5 authorized budgeted regular positions, which are distributed across three employee groups. The first group, the General Employee group, is represented by Teamsters Local 856 and includes 22.5 positions.

The second group is the Unrepresented Employee group, which consists of 17 Manager and Mid-Manager positions. The third group is the City Manager, who operates under an employment agreement.

For the purpose of tracking vacancies, this report includes all full-time budgeted positions that became vacant or were filled during the 2024 calendar year. The City also F.3
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employees part time, temporary and seasonal positions but those are not included for purposes of this report.

In calendar year 2024, the City recruited eleven regular full-time positions. Of these, five were General Employee positions, five were Unrepresented positions, and one was the City Manager position, which is governed by an employment agreement. One of these positions was opened in December, so is currently going through the interview and selection process.

The City’s annual staffing turnover rate for 2024 was 12%, with the reasons for vacancies as follows: three due to staffing growth, two from retirement, and six due to voluntary separations.

As a City with limited resources and staff, the timely filling of vacant positions is of critical importance, regardless of the cause of the vacancy or level of position. In 2024, Orinda achieved an average vacancy rate of 5.8%, with the General Employees’ unit vacancy rate of 4.4% and the Unrepresented Employee vacancy rate at 11.8%. On average, it took 81 calendar days to fill a vacancy in 2024.

The following provides a detailed breakdown of vacancies by employment group during the 2024 calendar year:

Vacancy Overview by Employee Group:

1. General Employee’s Unit:
• Number of Vacancies: 5
• Percentage of Total Vacancies: 4.4%

2. Unrepresented Employees:
• Number of Vacancies: 5
• Percentage of Total Vacancies: 11.8%

3. City Manager (Contract):
• Number of Vacancies: 1
• Percentage of Total Vacancies: 0.0%
Total Vacancies for 2024:
• Number of Vacancies: 11
• Percentage of Total Vacancies: 5.8%
Recruitment and Retention
While the City has experienced turnover in certain roles, the average tenure of employees with the City remains strong at 7.6 years. Beginning October 21, 2023, the City implemented several enhancements to its compensation structure in order to better recruit and retain staff. Improvements included an improved method of salary F.3
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advancement increases for current employees, the introduction of a five-step salary schedule for new hires, and the addition of a longevity pay system for long-serving employees. These updates were formalized in the Side Letter of Agreement with the Teamsters Local No. 856 and similarly applied to the Unrepresented Employee group, with details incorporated into the Unrepresented Employee Manual.

FISCAL IMPACT:

There is no financial impact associated with receiving this report.

ATTACHMENTS:

A. City Administrative Policy - 2.9 Procedures for AB 2561 Status of Vacancies and Recruitment and Retention Efforts
Respectfully Submitted by:

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

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Attachment: City Administrative Policy - 2.9 Procedures for AB 2561 Status of Vacancies and Recruitment and Retention Efforts (3521 : AB2561 F.3.a
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Attachment: City Administrative Policy - 2.9 Procedures for AB 2561 Status of Vacancies and Recruitment and Retention Efforts (3521 : AB2561 City Council
Staff Report
Agenda Item: F.4
Date: February 18, 2025
Department: Planning Department
AGENDA TITLE: Agreement with Lisa Wise Consulting for an Economic Feasibility Study and Creation of an Inclusionary Housing Ordinance RECOMMENDATION:

BACKGROUND:

To comply with the Goals, Policies, and Actions of the 2023-2031 Housing Element (Goal 3: Housing Opportunities, Action 3.G), the City was tasked with researching an inclusionary housing ordinance and determining the appropriateness of such program and adopt an ordinance within one year of making the determination. This action was anticipated to begin within two years following the adoption of the Housing Element.

Inclusionary Housing Ordinances typically require developers to set aside a percentage of units in new development for low- and moderate-income households, including an inlieu fees option for developing affordable units, and allowing the building of affordable units on a separate site or the conveyance of land to another developer. In the collection of an in-lieu fee, the City can then use those fees to help support non-profit affordable housing development in the community.

On December 13, 2024, Staff issued a Request for Proposals (RFP) for an Economic Feasibility Study and Inclusionary Housing Ordinance/Program. The selected consultant would provide professional financial analysis geared towards local market conditions and strategies to provide affordable housing, housing legislature and policy guidance related to the inclusionary housing programs, and technical analysis for the California Environmental Quality Act.

DISCUSSION:

A Request for Proposals was sent to five consulting firms. Two firms submitted proposals, Lisa Wise Consulting, Inc. and Economic and Planning Systems, Inc. The firms were evaluated based on responsiveness to the RFP, the consultants’ ability to perform the work with knowledge of financial analysis, demonstrated knowledge of the California Environmental Quality Act around the Ordinance, cost estimate and timeline, and acceptance of the City’s standard contract for professional services. Based on this review, Staff is recommending that the City Council approve an agreement with Lisa Wise Consulting LLC (LWC).

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The team presented by LWC has extensive experience in developing Inclusionary Housing Ordinances. In addition to the contract amount of $88,030, Staff recommends a contingency of 10% ($8,803) be included in the City Council action that would also authorize the City Manager to accommodate changes in additional work analysis and upon demonstrated need.

NEXT STEPS:

Upon approval, the Agreement will be executed by the City Manager.

FISCAL IMPACT:

The total estimated cost, including the contingency, is $96,833. Approval of Budget Change Form #007-25 will appropriate funding from the General Plan Surcharge Fund (Fund #391) which has adequate resources available for this purpose.

ATTACHMENTS:

A. Agreement with Lisa Wise Consulting, LLC. and the City of Orinda B. Lisa Wise Consulting, Inc. Proposal Inclusionary Housing C. Budget Change Form #007-25
Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Lashun Cross, Planning Director
Approved by:

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1 CITY OF ORINDA

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

1. Purpose of Contract.
a. City requires certain special services for the purpose of completion of an Economic Feasibility study and Inclusionary Housing Ordinance/Program. b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.

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

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

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

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 2 c. The agreement will terminate one year after the effective date unless earlier terminated as provided herein. Consultant shall complete the Services satisfactorily within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
d. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. If a Schedule of Performance is provided in Exhibit A, Provider must deliver the services according to that schedule. e. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, based on actual costs, not to exceed a maximum contract price of $ 88,030 for satisfactory performance of the services under this agreement.
b. Provider shall bill City on a monthly basis for work done in the preceding month. Provider’s project manager shall review and sign the invoice. Provider shall submit to City a monthly itemized statement which indicates total budget available per task, previously billed amounts, amount remaining and percentage of task complete for each billing period. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly. c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.
a. Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee, partner, joint venture, or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider is solely responsible for the means and methods of performing the services under this agreement and for the persons hired to work under this agreement. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 3 connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of compliance upon request. Provider is not entitled to health benefits, worker’s compensation, or other benefits from the City.
b. Provider is solely responsible for the payment of employment taxes incurred under this agreement and any similar federal or state taxes. Provider and any of its employees, agents, and subcontractors shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Provider shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Provider’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Provider. Should any court, arbitrator, or administrative authority, including but not limited to the Internal Revenue Service or the State Employment Development Division, determine that Provider, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Provider agrees to a reduction in amounts payable under this agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this agreement are not greater than they would have been had the determination not been made.

6. Conflict of Interest.

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

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

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

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 4 b. Right to Use. Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement. c. Confidential Information. In the performance of this agreement, Provider may be given access to confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Provider shall hold in confidence all City information provided by City to Provider and use it only to perform this agreement. Provider shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
d. Recordkeeping. Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records, or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

8. Assignment; Subcontracts.

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

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

9. Licenses.

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

10. Insurance Types and Limits.

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 5 a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ Compensation insurance will not be required if Provider furnishes to City a written verification that it has no employees. d. Professional Liability (Errors and Omissions) Insurance appropriate to the Provider’s profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

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

11. Additional Insurance Requirements.

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

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 6 Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.
d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers licensed to do business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. Verification of Insurance.

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

Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 7 work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

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

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

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

The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

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

15. Compliance with Laws.
a. General Laws. Provider shall comply with all local, state, and federal laws and regulations applicable to this agreement. Provider will promptly notify City of changes in the law or other conditions that may affect the services or Provider’s ability to perform.

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 8 b. Labor Laws. Provider shall comply with all labor laws applicable to this agreement. If the services include a “public works” component, Provider is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. c. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.

16. Notices.

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

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
Lisa Wise Consulting
983 Osos Street
San Luis Obispo, CA
93401

17. Litigation.

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

18. Waivers.

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

19. Modification.

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

20. Severability.

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

21. Termination.
a. Termination Without Cause:
(i) At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 9 shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
(ii) If the City terminates this agreement, the time spent in closing out the services will be compensated up to a maximum of ten percent (10%) of the total funds expended to date in the performance of the services, provided the City so approves in writing. b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. After termination for cause, City shall pay Provider for services satisfactorily rendered to date, and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.

22. Entire Agreement.

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

23. Governing Law and Venue.

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

24. Authority to Enter Agreement.

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

25. Successors and Assigns.

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

26. Headings and Construction.

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary Headings appearing herein are descriptive only and for convenience in reference to this agreement. References to Provider include its agents, servants, and employees.

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

City of Orinda
City Manager .

Attest
City Clerk
Approved as to form
City Attorney
Attachments:

Date
ulting, LWC
02/04/2025
Henry Pontarelli
Printed Name
Exhibit A - Proposal Documents: Scope of Services, Hourly Rates, Fees and Budget Exhibit B - Evidence of Insurance: Certificates, Endorsements and Policy Language 10 Date
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 11 Exhibit A
Proposal Documents: Scope of Services, Hourly Rates, Fees and Budget (pages attached)
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary Project Understanding
As a part of 6th Cycle Housing Element Update, the
City of Orinda has committed to Housing Opportunity
Goal 3, Action 3.G. This goal directs the City to develop an Inclusionary Housing Ordinance (IHO) that requires
applicants to produce affordable housing through onsite development of below market rate units or alternate means of compliance such as land dedication and inlieu fees.

This Scope of Work describes a work plan for the
preparation and adoption of an IHO that will meet
the statutory mandates of AB 1505 and comply with
the affordability requirements of the Metropolitan
Transportation Commission's Transit-Oriented
Community Policy. The IHO's requirements will be
appropriately calibrated with local market conditions to incentivize the production of affordable housing without constraining market-rate units.

This Scope also includes a phased approach to
the preparation of any required environmental
documentation. The project team will insure that the
IHO and its adoption is in conformance with CEQA
requirements. The scope of services includes a task
that will evaluate the need for production of additional environmental documents given the work previously
conducted for Plan Orinda and the adoption of the
City's 6th Cycle HEU (Task 4.1). This approach has been taken to insure that the project doesn't produce any
duplicative or unnecessary work while at the same time
meeting the City's obligations under CEQA.

The Scope describes the work plan by task and includes
meetings and deliverables. All meetings are assumed to
be conducted virtually, unless otherwise noted.

Scope of Work
Task 1: Project Administration

1.1 Project Kickoff and Schedule Refinement.

LWC will convene and lead a virtual kickoff meeting
with City staff to establish project management and
communication protocols, refine the scope of work
and schedule, review data needs, confirm timing on
milestones, and clarify roles and responsibilities.

LWC will also review existing regulations, policies, and program related to housing in the City.

1.2 Project Coordination. LWC will facilitate up
to 12 regular calls with City staff to ensure ongoing
coordination, assess progress, and adjust the project as needed. Management of the project, communications
with the City, and progress tracking will be included in this task.

Meetings
• Project kickoff meeting and summary
• Detailed project schedule
Deliverables
• Regular (up to 12) calls with agendas and summaries
Task 2: Inclusionary Housing Ordinance

2.1 Economic Feasibility and Market Study. LWC will
develop an Economic Feasibility Study that evaluates
inclusionary housing ordinance options, including
(but not limited to) the percentage of affordable units required on-site, targeted household income levels,
applicability requirements (i.e., project size), and
alternative methods of compliance (including an offsite construction, land dedication, and an analysis of appropriate in-lieu fees).

LWC will develop a static proforma model to evaluate
inclusionary housing ordinance options and ensure
an inclusionary program for the City is appropriately
calibrated with local market conditions to incentivize the production of affordable housing without constraining
market-rate units. Through the static proforma, which
reflects market conditions for a specific point in time, LWC will assess the developer's return on investment
and identify the capacity for projects to support the
addition of required affordable units.

As part of the study, LWC will also conduct a comparative analysis of current inclusionary housing programs
in comparable regional cities that evaluates relevant
program components and local market conditions that

SCOPE OF WORK
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 21 Exhibit A
(extracted from final proposal)
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary may shape these components. LWC will also perform an
existing conditions analysis which reviews residential
development costs and residential market demand.

2.2 Nexus Study/Gap Analysis. Because an
inclusionary housing ordinance is a development
regulation and not an exaction, California courts have
affirmed that a nexus study is not required. However,
the legislation that enables inclusionary housing
programs in California (AB 1505) requires that cities
offer an alternative means of compliance beyond onsite unit production. This is the basis of the fee in-lieu provision of inclusionary housing programs. The value
of the inclusionary fee is generally determined by a “gap analysis” that identifies the difference between the costs for household to obtain market-rate housing and the
gap in housing costs associated with below market-rate
units.

In this task, LWC will identify the gap given current
market conditions, which can form the basis of a fee inlieu component of the inclusionary housing program.

2.3 Recommendations for Inclusionary Housing
Ordinance. LWC will prepare a Recommendations
Memo for an inclusionary housing program based on
the results of the Economic Feasibility Study in Task 2.1 and public engagement in Task 3. The recommendations
will address variables which include, but are not limited to, rental vs. for-sale projects, project size, percentage of affordable units required on-site, targeted household income levels, , and alternative means of compliance.

Pursuant to AB 1505 LWC will also identify alternate
means of compliance including a fee in-lieu.

2.4 Preparation of Inclusionary Housing
Ordinance. Following City review and approval of the
Recommendations Memo, LWC will develop a defensible
and easily implemented Inclusionary Housing Ordinance
as text amendments to the City’s Municipal Code (table
format anticipated/recommended). LWC will provide
an Administrative Draft for staff review, followed by a Final Draft (which incorporates staff comments) for
presentation to the Planning Commission and City
Council (see Task 5).

Deliverables
• Economic Feasibility Study, including gap analysis
(Administrative Draft, Final Draft)
• Recommendations Memo (Administrative Draft, Final
Draft)
• Inclusionary Housing Ordinance (Administrative
Draft, Final Draft)
Task 3: Community Engagement and Outreach

3.1 Focus Groups (3). LWC will facilitate three virtual focus groups involving City staff, market-rate housing
developers, and affordable housing developers. The City will be responsible for identifying potential participants.

At the City’s discretion, LWC will also schedule and
host the focus groups online via a video conferencing
platform. Following the completion of all three focus
groups, LWC will prepare a concise memo (one to two
pages) summarizing feedback from the meetings.

3.2 Study Session #1 (Information Session). LWC will
facilitate a study session with the Planning Commission on inclusionary housing ordinances. This study session
will cover the history and legal basis of inclusionary
programs in California, their role in producing affordable housing, and a description of program requirements.

Examples of successful programs in other communities
will be presented.

3.3 Study Session #2 (Recommendations). LWC will
facilitate a study session with the City Council to present the findings and recommendations of the Economic
Feasibility Study (Task 2.1) and offer an opportunity to provide direction on the inclusionary housing ordinance prior to the development of the Recommendations
Memo (Task 2.3).

Meetings
• Planning Commission Study Session
• City Council Study Session
Deliverables
• Focus Group agendas, presentation, and meeting
summaries
• Study Session agendas, presentation, and meeting
summaries
Task 4: CEQA Compliance
FCS will work with the City to determine whether the IHO has effectively been evaluated within the Plan Orinda
EIR, which was certified in February 2023, and could
therefore be found exempt from further environmental
review. However, for the purposes of this proposal, a
set of Optional Tasks has been provided.
22 | CITY OF ORINDA | INCLUSIONARY HOUSING ORDINANCE LISA WISE CONSULTING, INC.

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary

4.1 CEQA Applicability Analysis. Led by FSC, the project team will meet with City staff and review appropriate
environmental documents related to Plan Orinda and
adoption of the City’s 6th cycle Housing Element. This
review and consultation will establish the need for any additional analysis that would be required under CEQA
for the City to adopt an IHO. If additional environmental documentation is deemed necessary, Optional Tasks A
through D describe the scope of services that would be
necessary to achieve compliance with CEQA.

Deliverables
• CEQA Applicability Analysis memo
Optional Tasks 4.A – 4.D

4.A Prepare CEQA-Compliant Project Description.

Based on information provided in the Orinda Housing
Element FEIR, FCS will prepare a CEQA-compliant Project Description, which will provide a brief description of
the IHO. The approved Project Description will form
the basis for evaluating the IHO. The Draft Project
Description will be submitted to the City for review and approval prior to the development of the Administrative Draft Initial Study/Addendum. FCS shall submit a Project Description within 2 weeks of receipt of final project
information.

4.B Preparation of the Initial Study/Addendum.

Upon approval of the project description, FCS will use the Orinda Housing Element FEIR and the most recent CEQA
Appendix G Environmental Checklist to identify whether
the IHO result in new or more severe effects than were
identified and disclosed in the Orinda Housing Element
FEIR, consistent with CEQA Guidelines 15262. FCS will
submit an Administrative Draft Initial Study/Addendum
within 8 weeks of approval of the Project Description.

4.C Screencheck Draft Initial Study/Addendum.

Upon receipt of one set of consolidated Administrative
Draft Initial Study/Addendum comments in track
changes from the City, FCS shall submit a Screencheck
Draft Initial Study/Addendum. It is anticipated that FCS will provide a Screencheck Draft Initial Study/Addendum to the City within 2 weeks of receipt of City comments on the Administrative Draft Initial Study/Addendum.

4.D Final Initial Study/Addendum. Upon receipt
of one set of consolidated Screencheck Initial Study/
Addendum comments in tracks changes from the City,
FCS shall submit a finalized Initial Study/Addendum. It is assumed that comments on the Screencheck Initial
Study/Addendum will be minimal. FCS will provide the
finalized Initial Study/Addendum within 1 week of receipt of City comments on the Screencheck Draft Initial Study/ Addendum.

4.E Project Management. Duties to ensure that the
Initial Study/Addendum meets the City’s standards
of quality, and that it is delivered on time and within budget.

4.F Coordination Meetings and Public Hearings.

Attendance at two project coordination meetings (via
phone) (Task 1.2), one Planning Commission Hearing
(Task 5.1), and one City Council Hearing (Task 5.2). It is assumed that the two coordination meetings will
require no more than six hours of FCS staff time, and
the Planning Commission and City Council Hearing will
require no more than eight hours of FCS staff time.

Optional Task Deliverables
• Project Description (Administrative Draft, Final Draft) • Initial Study/Addendum (Administrative Draft,
Screencheck Draft, Final Draft)
• Notice of Determination
Task 5: Hearings and Adoption

5.1 Planning Commission Public Hearing. LWC
will prepare materials/presentations for and present
at a Planning Commission public hearing to support
adoption of the recommended Inclusionary Housing
Ordinance.

5.2 Adoption Hearings. LWC will prepare materials/
presentations for and present at a City Council public
hearing to support adoption of the recommended
Inclusionary Housing Ordinance.

Meetings
• Planning Commission Hearing
• City Council Hearing
Deliverables
• Planning Commission presentation and meeting
summary
• City Council Public Hearing presentation and meeting summary
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 23 F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary

BUDGET & FEES
Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee TASK 1 Project Administration

1.1 Project Kickoff and Schedule Refinement 2 598 $ 8 2,080 $ 10 2,150 $ 8 1,440 $ 28 6,268 $ - - $ 28 6,268 $

1.2 Project Coordination 2 598 $ 12 3,120 $ 20 4,300 $ 10 1,800 $ 44 9,818 $ - - $ 44 9,818 $ SUBTOTAL - TASK 1 4 1,196 $ 20 5,200 $ 30 6,450 $ 18 3,240 $ 72 16,086 $ - - $ 72 16,086 $ TASK 2 Inclusionary Housing Ordinance

2.1 Economic Feasibility and Market Study - - $ 10 2,600 $ 14 3,010 $ 16 2,880 $ 40 8,490 $ - - $ 40 8,490 $

2.2 Nexus Study/Gap Analysis - - $ 8 2,080 $ 8 1,720 $ 10 1,800 $ 26 5,600 $ - - $ 26 5,600 $

2.3 Recommendations for Inclusionary Housing Ordinance
2 598 $ 12 3,120 $ 14 3,010 $ 16 2,880 $ 44 9,608 $ - - $ 44 9,608 $

2.4 Preparation of Inclusionary Housing Ordinance 2 598 $ 12 3,120 $ 14 3,010 $ 16 2,880 $ 44 9,608 $ - - $ 44 9,608 $ SUBTOTAL - TASK 2 4 1,196 $ 42 10,920 $ 50 10,750 $ 58 10,440 $ 154 33,306 $ - - $ 154 33,306 $ TASK 3 Community Engagement and Outreach

3.1 Focus Groups (3) 2 598 $ 8 2,080 $ 8 1,720 $ 8 1,440 $ 26 5,838 $ - - $ 26 5,838 $ 3.2 Study Session #1 2 598 $ 8 2,080 $ 10 2,150 $ 12 2,160 $ 32 6,988 $ - - $ 32 6,988 $ 3.3 Study Session #2 2 598 $ 8 2,080 $ 10 2,150 $ 12 2,160 $ 32 6,988 $ - - $ 32 6,988 $ SUBTOTAL - TASK 3 6 1,794 $ 24 6,240 $ 28 6,020 $ 32 5,760 $ 90 19,814 $ - - $ 90 19,814 $ TASK 4 CEQA Compliance

4.1 CEQA Applicability Analysis 2 598 $ 4 1,040 $ 2 430 $ - - $ 8 2,068 $ - 3,000 $ 8 5,068 $ SUBTOTAL - TASK 4 2 598 $ 4 1,040 $ 2 430 $ - - $ 8 2,068 $ - 3,000 $ 8 5,068 $ TASK 5 Hearings and Adoption

5.1 Planning Commission Public Hearing 2 598 $ 12 3,120 $ 8 1,720 $ 8 1,440 $ 30 6,878 $ - - $ 30 6,878 $

5.2 Adoption Hearings 2 598 $ 12 3,120 $ 8 1,720 $ 8 1,440 $ 30 6,878 $ - - $ 30 6,878 $ SUBTOTAL - TASK 5 4 1,196 $ 24 6,240 $ 16 3,440 $ 16 2,880 $ 60 13,756 $ - - $ 60 13,756 $ Project Total 20 5,980 $ 114 29,640 $ 126 27,090 $ 124 22,320 $ 384 85,030 $ - 3,000 $ 384 88,030 $ Contingency (10%) 8,803 $
Project Total with Contingency 96,833 $
Optional Tasks

4.A Prepare CEQA-Compliant Project Description - $ 1 260 $ 2 430 $ - $ 3 690 $ 34 4,800 $ 37 5,490 $

4.B Preparation of the Initial Study/Addendum - $ 1 260 $ 2 430 $ - $ 3 690 $ 179 24,340 $ 182 25,030 $

4.C Screencheck Draft Initial Study/Addendum - $ 1 260 $ 2 430 $ - $ 3 690 $ 67 10,280 $ 70 10,970 $

4.D Final Initial Study/Addendum - $ 1 260 $ 2 430 $ - $ 3 690 $ 29 4,725 $ 32 5,415 $

4.E Project Management - $ 1 260 $ 2 430 $ - $ 3 690 $ 20 2,800 $ 23 3,490 $ 4.F Coordination Meetings and Public Hearings - $ 1 260 $ 2 430 $ - $ 3 690 $ 8 1,800 $ 11 2,490 $ SUBTOTAL - OPTIONAL - - $ 6 1,560 $ 12 2,580 $ - - $ 18 4,140 $ 337 48,745 $ 355 52,885 $ City of Orinda - Inclusionary Housing Ordinance
Total $299 $260 $215 $180 TOTAL Principal Director Senior LWC
Lead Associate
FCS
Total
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 27 F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 12 Exhibit B
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
1576240.1
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
2/3/2025
License # 0305584
(805) 543-6887 341 (805) 543-3064
11000
Lisa Wise Consulting, Inc.
983 Osos Street
San Luis Obispo, CA 93401
24082
34630
29459
A 2,000,000
X X 51SBABA5314 4/1/2024 4/1/2025 1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 1,000,000
X X BAS56524792 4/1/2024 4/1/2025
C
X LIWC524575 4/1/2024 4/1/2025 1,000,000
1,000,000
1,000,000
D Professional Liab. 51PG028245723 4/1/2024 Per Claim & Agg. 2,000,000 D Professional Liab. 51PG028245723 4/1/2024 4/1/2025 Deductible 5,000 Re: Orinda Inclusionary Housing Ordinance.

See forms attached as triggered by written contract:

GL: AI/PNC/WOS- SS0008 0405;
AL: AI/WOS - AC8543 0821;
WC: WOS - WC990410C 0119.

City of Orinda Planning Department
22 Orinda Way
Orinda, CA 94563
LISAWIS-01 PATRA05
Morris & Garritano Insurance Agency, Inc.

PO Drawer 1189
San Luis Obispo, CA 93406
Megan Chew
[email protected]
Sentinel Insurance Company
Ohio Security Insurance Company
Oak River Insurance Company
Twin City Fire Insurance Company
X
4/1/2025
X
X
X
X
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary

BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.

C. WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.

Your stockholders are also insureds, but only
with respect to their liability as stockholders.

Page 10 of 24 ends

51SBABA5314
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.

However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co-
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.

If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
Form SS 00 08 04 05
F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary (b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
Form SS 00 08 04 05
51SBABA5314

BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
w~h respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permIssIon. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written

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BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. - Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

Page 12 of 24 ends

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
515BABA5314
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
serv1c1ng or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

Form SS 00 08 04 05
F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary (2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

Form SS 00 08 04 05
51SBABA5314

BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "productscompleted operations hazard". f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "productscompleted operations hazard", but only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "productscompleted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. - Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. - Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

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51SBABA5314
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

Form SS 00 08 04 05
F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:

Form SS 00 08 04 05
51SBABA5314

BUSINESS LIABILITY COVERAGE FORM
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The lnsured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional lnsured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and

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515BABA5314
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excesslnsurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. - Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. -
Coverages.

Form SS 00 08 04 05
F.4.a
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary (6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

Form SS 00 08 04 05
51SBABA5314

BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and selfinsured amounts under all that other insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains ,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary 0 BAS56524792

COMMERCIAL AUTO
AC 85 43 08 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA BUSINESS AUTO COVERAGE

ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.

COVERAGE INDEX

SUBJECT

ACCIDENTAL AIRBAG DEPLOYMENT

PROVISION NUMBER
12 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT

AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS

AMENDED FELLOW EMPLOYEE EXCLUSION

AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE

BODILY INJURY REDEFINED
EMPLOYEES AS INSUREDS (Including Employee Hired Auto)

EXTRA EXPENSE - BROADENED COVERAGE

GLASS REPAIR - WAIVER OF DEDUCTIBLE

HIRED AUTO COVERAGE TERRITORY
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) LOAN / LEASE GAP (Coverage Not Available In New York)

NEWLY FORMED OR ACQUIRED SUBSIDIARIES

PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)

PERSONAL EFFECTS COVERAGE

PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE

PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM

PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT

RENTAL REIMBURSEMENT

SUPPLEMENTARY PAYMENTS

TOWING AND LABOR

TWO OR MORE DEDUCTIBLES

UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II - LIABILITY COVERAGE is amended as follows:

1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
3 20
5 14
24 2
10 16
22 6
15 1
17 11
8 13
23 9
4 7
18 19
21 SECTION II - LIABILITY COVERAGE, Paragraph A.1 . Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.

However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
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Coverage under this prov1s1on d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.

2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".

3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT

4. SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".

However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.

The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 23, this policy is excess over any other collectible insurance.

SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments , Paragraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
~ 5. AMENDED FELLOW EMPLOYEE EXCLUSION
0 In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:

SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".

This coverage is excess over any other collectible insurance.

SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended as follows:

6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION Ill - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:

If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
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a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household.

Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".

7. TOWING AND LABOR
SECTION Ill - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following:

We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.

However, the labor must be performed at the place of disablement.

8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION Ill - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.

9. RENTAL REIMBURSEMENT
SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
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d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.

If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.

For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.

11. PERSONAL EFFECTS COVERAGE
A. SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:

If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.

B. SECTION V - DEFINITIONS is amended by adding the following:

For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securities.

12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION Ill - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:

If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.

Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.

13. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION Ill - PHYSICAL DAMAGE COVERAGE, D. Deductible , is amended by adding the following:

Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" :! caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device o or a global position device and that device was the method of recovery of the vehicle.

14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill - PHYSICAL DAMAGE COVERAGE, B. Exclusions , Paragraph a. of the exception to exclusions 4.c. and 4.d. is deleted and replaced with the following:

Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto".

If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
© 2021 Liberty Mutual Insurance
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15. LOAN/ LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended by adding the following:

The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:

1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or

2. The actual cash value of the damage or stolen property as of the time of the "loss".

An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.

B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".

C. SECTION V - DEFINITIONS is changed by adding the following:

As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.

A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.

16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

No deductible applies to glass damage if the glass is repaired rather than replaced.

17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
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a;;;;;;;;;;;;;;
a;;;;;;;;;;;;;;
a;;;;;;;;;;;;;;
~g -
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The "loss" must be reported to the police authorities within 24 hours of known damage.

The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.

This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.

18. TWO OR MORE DEDUCTIBLES
Under SECTION Ill - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.

For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.

SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:

19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:

If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.

However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.

20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the following:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.

To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and
(c) The names and addresses of any injured persons and witnesses. ~ 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us , is amended by the addition of the following:

If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.

22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
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This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.

23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, 8.5. Other Insurance and supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under such other insurance; and

2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".

SECTION V - DEFINITIONS is amended as follows:

24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2021 Liberty Mutual Insurance
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed. 01-19)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA

BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Blanket Waiver
Person/Organization
Job Description
All CA Operations
Schedule
Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

Waiver Premium (prior to adjustments)
350.00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 04/01/2024
Insured:

Policy No.: LIWC524575 Endorsement No.:

Insurance Company: Oak River Insurance Company
WC 99 0410 C
(Ed. 01-19)
Premium$
Countersigned by _______________ _
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Attachment: Agreement with Lisa Wise Consulting, LLC. and the City of Orinda (3520 : Contract for Professional Services for the Inclusionary

CITY OF ORINDA
Inclusionary Housing
Ordinance
Response to Request for Proposals
January 15, 2025
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing Prepared for:

City of Orinda
22 Orinda Way
Orinda, CA 94563
FirstCarbon Solutions
299 Oak Road, Suite 250
Walnut Creek, CA 94597
www.firstcarbonsolutions.com
(888) 826-5814
Lisa Wise Consulting, Inc.
870 Market Street, Suite 977
San Francisco, CA 94102
www.lisawiseconsulting.com
(805) 595-1345
Prepared by:
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

TABLE OF CONTENTS
COVER LETTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 FIRM PROFILE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PROJECT TEAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Project Organization Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 WORK APPROACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Housing Policy Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Project Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 TENTATIVE PROJECT SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 BUDGET & FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 CITY CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Agreement With Standard Consultant Services Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | iii F.4.b
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing January 15, 2025
Lashun Cross
Director of Planning
Planning Department
City of Orinda
22 Orinda Way
Orinda, CA 94563
(925) 253-4240
[email protected]
RE: Request for Proposals for Inclusionary Housing Ordinance/Program Dear Ms. Cross,
Lisa Wise Consulting, Inc. (LWC) is very pleased to submit our proposal to complete an Inclusionary Housing Ordinance/ Program for the City of Orinda. As a firm that is focused on data-driven and community-supported approaches to advancing housing policies, programs, and affordable housing production, this is a target project for us. Our team also includes First Carbon Solutions to address CEQA compliance and contribute to the collective knowledge of regional conditions and environmental best practices.

For 18 years, LWC has worked with California communities to achieve housing goals that fulfill the community’s vision, comply with State housing law, and leverage the market to produce housing affordable for a diversity of incomes. The LWC Team has strong expertise in evolving housing legislation (including AB 1505), Department of Housing and Community Development (HCD) guidance related to inclusionary housing programs, and in complying with the affordability requirements of the Metropolitan Transportation Commission's Transit-Oriented Communities (TOC) Policy.

Our experience ensures Inclusionary Housing Ordinance (IHO) requirements are appropriately calibrated to local market conditions and incentivize affordable housing production without constraining market-rate units. LWC will leverage our housing and financial feasibility analysis experience and bring lessons learned from developing IHOs and In-Lieu Fee Studies in the cities of Novato, San Gabriel, and St. Helena. Our knowledge of State housing law is further strengthened by leading 37 Housing Element Updates in the 3rd, 4th, and 5th Cycles, including 16 in the current 6th Cycle.

The LWC-FCS Team approach will be to listen and learn. Listen to the community, learn their priorities, observe conditions on the ground, and apply our knowledge of housing law and market-driven strategies to provide affordable housing. We understand that the City of Orinda is looking for a clear, defensible, community-driven Inclusionary Housing Ordinance that complies with State housing law and facilitates the production of affordable housing through on-site or off-site construction, dedication of land, or in-lieu fees. We also understand that the community values it’s unique semi-rural atmosphere, tree-lined streets, stable neighborhoods, and the vibrant arts and culture of the downtown.

COVER LETTER
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 1 F.4.b
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing In terms of the requirements of the California Environmental Quality Act (CEQA), FCS will work with the City to determine whether the IHO has been effectively evaluated within the Plan Orinda EIR, and could therefore be found exempt from further environmental review. However, for the purposes of this proposal, we have included an option to prepare environmental documents, if they are deemed necessary.

As the owner and President of the firm, I bring 30 years of planning, housing and finance experience. I will act as Project Director, ultimately responsible for compliance with the tenets of the contract and to ensure the project is delivered on time, within budget, and to the standards and expectations of the City. Our highly qualified team includes David Bergman (Project Manager) with over 30 years of urban planning, financial feasibility analysis and California housing law experience; Stefano Richichi with 9 years as a planner, project manager, and housing expert; and Ethan Stan who brings 4 years of market study, financial feasibility analysis experience, and expertise in housing constraints and affordable housing implementation plans.

We look forward to the next steps in the proposal process and remain available to refine the scope, timeline, or budget to meet the City’s needs and expectations. Thank you for the opportunity to participate in the City of Orinda's Inclusionary Housing Ordinance/Program.

Sincerely,
Lisa Wise, AICP
President, CEO
Lisa Wise Consulting, Inc.
870 Market Street, Suite 977
San Francisco, CA 94102
[email protected]
(805) 595-1345
2 | CITY OF ORINDA | INCLUSIONARY HOUSING ORDINANCE LISA WISE CONSULTING, INC.

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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

FIRM PROFILE
Lisa Wise Consulting Inc. (LWC) is an urban planning, economics, and finance firm that specializes in enabling vibrant, pedestrian, and transit-oriented neighborhoods, and facilitating sustainable, welldesigned places to live, work, and recreate.

LWC core services are aimed at feasible, measurable economic development, and fiscal strategies with an emphasis on quality employment, business attraction and retention, innovation and education, local and regional partnerships, and integrated land use policy. The LWC Team has a deep understanding of land use regulation and how development and market forces affect communities. LWC operates most effectively at the nexus of urban planning and land use economics.

LWC Core Services:
• Financial Feasibility Analysis, Market Studies, and Proforma Analysis • Housing Policies and Programs
• Economic Development Plans and Revitalization Strategies • Long-Range Planning, Specific Plans, TOD Plans, and Corridor Plans • Development Codes, and Form-Based Codes
• Public Engagement and Community Outreach Plans
LWC’s resumes features large-scale code, market analysis, economic strategies and financial feasibility engagements throughout California and the U.S. as well as urban code, zoning code framework and modeling for economic development projects in the Kingdom of Saudi Arabia.

LWC was founded in 2006 and has grown to 20 employees with offices in San Luis Obispo, San Francisco, and Los Angeles.

Founded in 1982, FCS International, Inc., doing business as FirstCarbon Solutions (FCS), is a California Corporation that has prepared a full range of environmental documentation for a variety of projects, including affordable housing, residential subdivisions, and planned communities. In
addition to California Environmental Quality Act (CEQA) documentation services, we also provide wide variety of technical analysis in support of CEQA documents.

FCS serves clients in the Western United States with more than 100 staff members located in Walnut Creek, Sacramento, Fresno, Irvine, and San Bernardino.

LWC Offices
San Francisco
870 Market Street, Suite 977
San Francisco, CA 94102
San Luis Obispo
983 Osos Street
San Luis Obispo, CA 93401
(805) 595-1345 | Office Main
Los Angeles
939 South Broadway, Suite
611
Los Angeles, CA 90015
(805) 618-1924 | Office Direct
Contact
(805) 595-1345
www.lisawiseconsulting.com
FCS Bay Area Offices
Walnut Creek
299 Oak Road, Suite 250
Walnut Creek, CA 94597
Alameda, CA
2336 Mariner Square Drive,
Suite 500
Alameda, CA 94501
Contact
(888) 826-5814
www.firstcarbonsolutions.com
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 3 F.4.b
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing City of Orinda
Lisa Wise, AICP
President/CEO
- Contract compliance
- Final deliverable review
- State housing law
Project Organization Chart
Madelyn Dolan
CEQA Project Manager
David Bergman
Director, Project Manager
- Quality assurance
- Client communication
- Public presentations

PROJECT TEAM
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 5 Stefano Richichi
Senior Associate
- Draft and refine deliverables
- Facilitate public engagement
- Project tracking
Mary Bean
CEQA Project Director
Ethan Stan, AICP
Lead Associate
- Research and evaluation
- Database management
- Graphics and design
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM

LISA WISE, AICP
President, CEO
As a certified planner and public accountant, Lisa has over 30 years of professional experience in housing policy, land use regulation, real estate finance, and the management of complex projects. Lisa is a part-time lecturer at the California Polytechnic State University in San Luis Obispo focusing on courses in housing and real estate finance.

Lisa has been directly responsible for a breadth of large-scale projects aimed at accelerating housing production and complying with State housing law. These include 35 housing elements in the 4th, 5th, and 6th Cycles as well as Fair Housing Assessments, Inclusionary Housing Ordinances, Objective Design Standards, and Density Bonus Programs. She has also overseen over 23 master and specific plans, 80 zoning coed audits and updates and 35 economic and financial feasibility engagements.

Select Relevant Project Experience:
• Arroyo Grande, CA | Housing Element Update, 4th and 5th Cycle • Austin, TX I Citywide Code Update
• Atascadero, CA | Affordable Housing Short Sale Policy, Housing Element Implementation and Housing Element 4th and 5th Cycle
• Benicia, CA | Housing Element Update, 4th and 5th Cycle • Columbus, OH, Code Assessment and Code and Zoning Map Update • Flagstaff, AZ | Zoning Ordinance Update
• Grover Beach, CA | Zoning Code Update, West Grand Avenue Masterplan, and 4th Cycle Housing Element Update
• Hayward, CA I Downtown Specific Plan and Code Update
• King City, CA | Housing Element, 4th Cycle
• Livermore, CA | Development Code Update and 5th Cycle Housing Element Update
• Long Beach, CAI 6th Cycle Housing Element Update
• Long Beach, CA I SB9 Ordinance and ADU Ordinance
• Loomis, CA | Housing Element Update 3rd, 4th and 5th Cycle • Malibu, CA | Zoning Code and Local Implementation Plan Update • Merced, CA | Bellevue Corridor Plan
• Mesa, AZ | Form-Based Code and Regulating Plan
• Petaluma, CA | SMART Rail Station Areas: TOD Master Plan • Pismo Beach, CA | Housing Element, 4th Cycle
• Richmond, CA | Livable Corridors Plan, South Shore Specific Plan, and 4th and 5th Cycle Housing Element Update, Fair Housing Ordinance Evaluation and Update
• Saratoga, CA I Mixed Use Multifamily Objective Design Standards • Tehachapi, CA | Housing Element Update 4th and 5th Cycle • Vallejo, CA | Housing Element Update 5th Cycle
• Woodland, CA, 6th Cycle Housing Element Update
• Woodland, CA I Comprehensive Code Update

PAST WORK EXPERIENCE

EDUCATION

CERTIFICATIONS & MEMBERSHIPS
California Polytechnic State University
Adjunct Faculty | San Luis Obispo, CA | 2002 - Present
Crawford, Multari & Clark Associates
Professional Consultant | San Luis Obispo, CA
2001 – 2006
Governor’s Office of Planning & Research (OPR)
Intern | Sacramento, CA | 1999 – 2000
PricewaterhouseCoopers, LLP
Financial Services Manager | New York, NY
1990 – 1999
California Polytechnic State University
Master of City & Regional Planning | San Luis Obispo, CA DePaul University
M.S., Accountancy | Chicago, IL
University of Cincinnati
B.S., Business Administration in Marketing & Finance
American Planning Association (APA)
American Institute of Certified Planners (AICP)
California Planning Foundation
Treasurer, 2019 – Present
Dean’s Leadership Council
California Polytechnic State University, College of
Architecture & Environmental Design, 2018 – Present
Congress for the New Urbanism (CNU)
Paul Crawford Award for Excellence in Planning, 2017
Form-Based Code Institute (FBCI)
Chair, 2015 – 2018 | Treasurer, 2014 – 2015
Certified Public Accountant, 1991 – 1999
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM

DAVID BERGMAN
Director
With over 25 years of experience, David has focused on housing regulation, financial feasibility analysis, and urban planning projects, with an emphasis on the formation and implementation of local and regional development strategies.

He brings an expertise in California Housing Law earned working directly with California cities and counties on the identification and assessment of financing options for affordable housing, student and workforce housing, and inclusionary housing, and strategies for improved jobs/housing balance and anti-displacement programs.

As the Director of Planning for the City of South Pasadena, he oversaw the successful approval of the City’s first density bonus application and adoption of an Accessory Dwelling Unit (ADU) Ordinance that was approved by the California Department of Housing and Community Development (HCD). David successfully led 6th Cycle Housing Element Updates in Long Beach, Novato, and Alameda County among others.

Relevant Project Experience:
• Alameda County, CA | 6th Cycle Housing Element Update • Artesia, CA | Mixed-Use Overlay Zone Analysis and Recommendations • Beverly Hills, CA | Economic Sustainability Plan Update • Citrus Heights, CA | Housing Prototype Testing
• Cypress, CA | Inclusionary Housing Feasibility Study
• Folsom, CA | Financial Feasibility Analysis for Residential and Mixed Use • Long Beach, CA | 6th Cycle Housing Element Update
• Long Beach, CA | SB9 and ADU Ordinance
• Lompoc, CA | Housing Market Analysis
• Millbrae, CA | Objective Design Standards and Zoning Code Amendments • Modesto, CA | Financial Feasibility Analysis for Residential and Mixed Use • Novato, CA | 6th Cycle Housing Element Update, Rezoning Program, and Inclusionary Housing Ordinance
• Portola Valley, CA | Conceptual Site Plans, Zoning Code Amendments, and Objective Design Standards
• Rancho Cucamonga, CA | Economic Development Strategic Plan • San Diego, CA | Barrio Logan Affordable Housing Strategy • San Fernando, CA | Workforce Housing Analysis
• San Gabriel, CA | Inclusionary Housing Ordinance
• Santa Maria, CA | 6th Cycle Housing Element Update and Market Analysis • Santa Rosa, CA | Jobs Housing Balance Study
• Saratoga, CA | Mixed-Use Multifamily Objective & Village Design Standards • Seal Beach, CA | 6th Cycle Housing Element Update
• St. Helena, CA | Inclusionary Housing Ordinance
• Sun Cal, Anaheim, CA | Inclusionary Housing Strategy, Palatium Triangle • Tuscon, AZ | Underutilized Sites Feasibility Analysis • Woodland, CA | Financial Feasibility Analysis for Residential and Mixed Use

PAST WORK EXPERIENCE

EDUCATION

ACADEMIC EXPERIENCE
Metropolitan Research and Economics
Principal, Director, and Owner | Santa Monica, CA
2009 - 2020
City of South Pasadena, CA
Director, Planning and Building
2018 - 2019
City of Santa Cruz, CA
Manager of Special Projects, Economic Development
2014 - 2017
Economics Research Associates
Principal | Los Angeles, CA
1996 - 2009
University of California
M. of Planning Geography | Los Angeles, CA
University of Wisconsin
B.A., Geography and Classical History | Madison, WI
University of Southern California
School of Architecture
2016 – 2019
Southern California Institute of Architecture
2001 – 2016
University of Michigan
School of Architecture
2009 – 2010
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM

STEFANO RICHICHI
Senior Associate
Stefano has eight years of experience focused on housing regulation and programs for establishing objective design standards, density bonus programs, inclusionary housing ordinances, and ADU ordinances. He has a practiced understanding of California housing regulation and effective strategies for legal compliance while honoring a community’s vision for preserving the character of established neighborhoods and enabling attractive, affordable housing choices. Stefano supports the team in conducting site inventories and rezone candidate sites analysis, legal consistency review, workshop facilitation, and project management support.

Stefano’s increasing responsibilities include serving as Deputy Project Manager for 6th Cycle Housing Element Updates in Alameda County, CA and Richmond CA, where he developed housing sites inventories, assessed existing housing policies and programs, and prepared and implemented community outreach aimed at historically disadvantaged and marginalized communities. He also created detailed demographic profiles and analyses of governmental and nongovernmental constraints to housing, and works closely with City staff and the California Department of Housing and Community Development (HCD) in the Housing Element Update review, approval, and certification processes.

Stefano has a Bachelor of Arts in Economics and Philosophy from Azusa Pacific University in Azusa, California.

Relevant Project Experience:
• Alameda County, CA | 6th Cycle Housing Element Update • Beaumont, CA | 6th Cycle Housing Element Update, Objective Design Standards and ADU Ordinance
• Coachella, CA | 6th Cycle Housing Element Update
• Costa Mesa, CA | Short-Term Rental Analysis
• Kingdom of Saudi Arabia | Development Authority Saudi Commission, Comprehensive Zoning Code
• Las Vegas, NV | Downtown Form-Based Code
• Lassen County, CA | 6th Cycle Housing Element Update and ADU Ordinance • Lassen County, CA | Comprehensive Economic Development Strategy • Los Altos, CA | 6th Cycle Housing Element Update
• Milpitas, CA | Comprehensive Zoning Code Update
• Novato, CA | 6th Cycle Housing Element Update
• Palmdale, CA | Zoning Code Update
• Piedmont, CA | 6th Cycle Housing Element Update
• Pleasanton, CA | 6th Cycle Housing Element Update
• Richmond, CA | 6th Cycle Housing Element Update
• Riyadh, Kingdom of Saudi Arabia | Riyadh Urban Code
• San Gabriel, CA | 6th Cycle Housing Element Update
• Santa Maria, CA | 6th Cycle Housing Element Update
• Temple City, CA | 6th Cycle Housing Element Update

PAST WORK EXPERIENCE

EDUCATION

CERTIFICATIONS & MEMBERSHIPS
Lassen County, CA
Senior Planner | January 2020 – August 2021
Associate Planner | April 2017 – January 2020
Assistant Planner | May 2015 – April 2017
City of Monterey Park, CA
Economic Development Intern
November 2014 – April 2015
Azusa Pacific University
B.A., Economics & B.A., Philosophy | Azusa, CA
Concentration in Business
American Planning Association, California Chapter
Member, 2021 – Present
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM

ETHAN STAN, AICP
Lead Associate
Ethan brings over four years of focused experience in housing regulation, compliance with State housing law, and zoning code diagnoses and updates. His work is marked by strong analytical, organizational, and technical writing skills and attention to detail. As a Lead Associate, he focuses on existing conditions analysis and the formation and tracking of housing policies and programs relative to planning goals and State mandates. He also supports the LWC team through strong proficiency with InDesign, Illustrator, SketchUp, ArcGIS, and managing large databases in Excel.

Ethan has contributed to increasingly complex projects, including serving as Deputy Project Manager on the 6th Cycle Housing Element Updates in Novato and Tehachapi and the HUD Fair Housing Compliance Analysis in Santa Maria.

Ethan holds a Master of City & Regional Planning from California Polytechnic State University, San Luis Obispo. He also holds a B.S. in Conservation & Resources Studies from the University of California, Berkeley.

Relevant Project Experience:
• Alameda County, CA | 6th Cycle Housing Element Update • Beaumont, CA | 6th Cycle Housing Element Update, Objective Design Standards, and ADU Ordinance
• Coachella, CA | 6th Cycle Housing Element Update
• Columbus, OH | Zoning Code and Map Update
• Fresno, CA | Housing Streamlining Zoning Code Audit & Recommendations • Henderson, NV | Development Code Update
• Kingman, AZ | Zoning Ordinance Update
• La Quinta, CA | Highway 111 Form-Based Code
• Lafayette, CA | General Plan and Zoning Amendments
• Las Vegas, NV | Downtown Form-Based Code
• Los Altos, CA | 6th Cycle Housing Element Update
• Morgan Hill, CA | Monterey Corridor Form-Based Code
• Novato, CA | 6th Cycle Housing Element Update, Rezoning Program, and Inclusionary Housing Ordinance
• Park City, UT | Land Management Code Amendments
• Piedmont, CA | 6th Cycle Housing Element Update
• Pismo Beach, CA | Zoning Code/Local Coastal Plan Update • Pleasanton, CA | 6th Cycle Housing Element Update
• Rancho Cucamonga, CA | Comprehensive Development Code Update • Richmond, CA | 6th Cycle Housing Element Update
• San Gabriel, CA | 6th Cycle Housing Element Update
• Santa Maria, CA | 6th Cycle Housing Element Update
• Santa Maria, CA | HUD Fair Housing Compliance Analysis • Solano County, CA | Highway Interchange & Economic Development Study • Tehachapi, CA | 6th Cycle Housing Element Update

PAST WORK EXPERIENCE

EDUCATION

CERTIFICATIONS & MEMBERSHIPS
California Polytechnic State University
Research Assistant | San Luis Obispo, CA
November 2019 – April 2020
Science Discovery
Environmental Educator | San Luis Obispo, CA
March 2019 – October 2019
Export Japan
Writer, Historic Interpretation | Chūō City, Tokyo
October 2018 – January 2019;
July 2019 – November 2019
California Polytechnic State University
M. of City & Regional Planning | San Luis Obispo, CA
University of California, Berkeley
B.S., Conservation & Resource Studies
Minor in Geographic Information Systems (GIS)
American Institute of Certified Planners (AICP)
2022 – Present
American Planning Association, California Chapter
Young & Emerging Planners Officer, Central Coast
Section, 2019 – 2022
Cal Poly, SLO Graduate Student Representative,
Central Coast Section, 2020 – 2021
California Polytechnic State University
Service Award, 2022
Academic Excellence Award, 2022
Vice President, Graduate Planning Student
Association, 2021 – 2022
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing Mary Bean – Project Director
Education
Bachelor of Arts, Environmental Studies and Planning, Cum Laude, University of California, Santa Barbara, CA, 1988 Biography
Mary Bean has more than 29 years of experience managing the preparation of CEQA and NEPA documents in both the public and private sectors. She is knowledgeable about a broad range of environmental topics, backed by her experience in the field, research, technical writing, and planning. She specializes in leading interdisciplinary teams in the preparation of technical studies that support environmental clearance at the local, State, and national levels. Her depth of experience allows her to effectively strategize with clients about the most efficient approach to environmental review. In her 12 years with FCS, Ms. Bean has successfully led FCS’s services on more than 800 projects.

Related Experience and Client Summary
Del Hombre Apartments Project EIR, Contra Costa County, CA Ms. Bean directed the preparation of a project-level EIR with technical studies for the construction of a 284-unit apartment building on a 2.40-acre site located in the unincorporated area of Walnut Creek next to the Pleasant Hill Bay Area Rapid Transit (BART)/Contra Costa Center Bart Transit Village. FCS proactively worked with the County and prepared a comprehensive work plan to address almost 50 community comments on an expedited schedule. The Final EIR was certified at the Board of Supervisors meeting in August 2020.

City of Pleasanton 2023–2031 (6th Cycle) Housing Element Update Program EIR, City of Pleasanton, CA Ms. Bean directed the preparation of a Program EIR for the City of Pleasanton’s 2023–2031 (6th Cycle) Housing Element Update. The City of Pleasanton identified a total of 25 sites for potential rezoning to fulfill their housing shortfall between their Regional Housing Needs Allocation (RHNA) and the existing housing capacity of 3,173 units. The final list of approved sites to be adopted by the City Council was accompanied by the General Plan Amendments (GPAs) and Specific Plan Amendments (SPAs) and rezoning actions to accommodate residential housing development. The Program EIR was certified and the Housing Element was approved by the City Council on January 26, 2023.

CEQA Section 15164 Addendum for the City of Milpitas General Plan Update Final EIR and the City of Milpitas Metro Specific Plan Subsequent Final EIR, City of Milpitas, CA Ms. Bean directed the preparation CEQA Section 15164 Addendum for the City of Milpitas General Plan Update Final EIR and the City of Milpitas Metro Specific Plan Subsequent Final EIR in support of the City’s Comprehensive Zoning Ordinance Update. The project included amendments to the Zoning Ordinance to ensure conformity with the City of Milpitas General Plan 2040 and Metro Specific Plan, which were recently updated. Additionally, the proposed project included rezoning of certain parcels, revisions to zoning districts, and minor technical amendments to the General Plan Land Use Element and General Plan Land Use Map to ensure vertical consistency among the City’s planning documents. The proposed project also identified parcels that require rezoning to ensure conformity with the current General Plan land use designations.
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing Madelyn Dolan – Project Manager
Education
B.S., Environmental Economics & Policy and B.S., Society & Environment, University of California, Berkeley, CA, 2020 Biography
Madelyn Dolan has more than 6 years of relevant experience. She is knowledgeable in public policy, community organization, legal empowerment, and research. Ms. Dolan has substantial knowledge in CEQA and NEPA, which she gained from her experience in assisting with the preparation of various environmental documents, such as EIRs and MNDs. Ms. Dolan has extensive experience in organizing sustainability events, implementing educational programs in relation to waste reduction and environmental justice, developing sustainability guidelines, and coordinating with key stakeholders for various projects.

Related Experience and Client Summary
CEQA Section 15164 Addendum for the City of Milpitas General Plan Update Final EIR and the City of Milpitas Metro Specific Plan Subsequent Final EIR, City of Milpitas, CA Ms. Dolan managed the preparation CEQA Section 15164 Addendum for the City of Milpitas General Plan Update Final EIR and the City of Milpitas Metro Specific Plan Subsequent Final EIR in support of the City’s Comprehensive Zoning Ordinance Update. The project included amendments to the Zoning Ordinance to ensure conformity with the City's recently updated General Plan 2040 and Metro Specific Plan, as well as the rezoning of certain parcels, revisions to zoning districts, and minor technical amendments to the Land Use Element and Land Use Map to ensure vertical consistency.

City of Pleasanton 2023–2031 (6th Cycle) Housing Element Update Program EIR, City of Pleasanton, CA FCS prepared a Program EIR for the City of Pleasanton’s 2023–2031 (6th Cycle) Housing Element Update. The City of Pleasanton identified a total of 25 sites for potential rezoning to fulfill their housing shortfall between their RHNA and the existing housing capacity of 3,173 units. This Draft Program EIR focused on the sites identified in the Housing Element Update that could potentially be zoned for residential use. The final list of approved sites to be adopted by the City Council was be accompanied by the GPAs and SPAs and rezoning actions to accommodate residential housing development. The Program EIR was certified and the Housing Element was approved by the City Council on January 26, 2023. Ms. Dolan provided project support and drafted various EIR sections.

EKN Hotel + Downtown Housing and Economic Overlay Project Focused EIR, City of Petaluma, CA Ms. Dolan is managing the preparation of an EIR for the City of Petaluma’s Downtown Housing & Economic Opportunity Zoning Overlay and a 93-room, 13,891-square foot hotel project. The project site is currently vacant and undeveloped, but holds a Mixed Use Land Use and zoning designation. The hotel project would consist of a 6-story hotel building including 93 hotel rooms, event space, food service uses, and 58 underground parking spaces. Furthermore, the City is proposing the implementation of the Downtown Housing & Economic Opportunity Overlay, which proposes to support housing and mixed-use development in a portion of the Downtown area through modification of Floor Area Ratio (FAR), building height, and lot coverage maximums, and associated revisions.

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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

WORK APPROACH
Listen and Learn
LWC’s approach to a successful Inclusionary Housing
Ordinance in Orinda is grounded in listening and
learning through a dialogue with City Staff, civic leaders, developers, affordable housing service providers, and
the community. Our approach also relies on coupling
community feedback with investigating conditions on
the ground to more fully understand the City ’s needs,
aspirations, character, and social and economic realities.

This approach will ensure that the new Inclusionary
Housing Ordinance complies with State law, is grounded
in economic realities and reflects the priorities of the community.

Community Participation
LWC’s approach is based on careful and systematic
gathering of input from the community through
well publicized events, online and social media and
leveraging existing public meetings at key points in
the project. LWC’s approach to all public engagement
means avoiding jargon in spoken presentations, surveys, workshops so our message is easily understood by all
stakeholders and solicits the most useful feedback.

Attention to Detail, Hard Work
LWC’s approach stresses an evaluation of existing
regulations, policies, and programs related to housing
as well as close communication and coordination
with the City and the Objective Design Standard team,
and thorough review of the General Plan, 6th Cycle
Housing Element, and the City's Zoning Ordinance. Our
work will also be strongly tied to the structure of the housing market in Orinda, ensuring a feasible and easily implementable program.

Strong Project Management
LWC’s approach assures the project will be delivered
on time and within budget through systematic and
hierarchical review of deliverables and regularly
scheduled meetings between the City and the LWC
Team to assess progress relative to the project timeline and budget. LWC also uses BigTime, an online time
management platform which enables us to track project
progress by staff member, task, and budget to anticipate future needs.

ECONOMICS PLANNING
Market Studies
Economic Analysis of Land Use
Economic Development Plans
Revitalization Strategies
Pro Forma Analysis
Code Audits
Corridor & TOD Plans
Housing Policies & Programs
Community Outreach
Code Updates
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing As a firm, we are dedicated to the following principles on all of our engagements:

Equity. Ensures that the benefits and burdens of the new code are shared across the community, expand opportunities for affordable housing and affordable commercial space, and support a diversity of businesses.

Viability. Fosters development that supports city goals for housing, employment growth, vibrant commercial centers and business districts while considering market forces, economic feasibility and fiscal performance.

Quality. Assures standard of excellence that retains value, is long lasting, and responds to context and character of neighbor-hoods, corridors, and districts.

Context. Responds and enhances to the unique character of neighborhoods, corridors, centers, and districts.

Predictability. Offers a high degree of control and assures alignment with expectations of development outcomes for the City, property owners, businesses, and the development community.

Flexibility. Able to accommodate reasonable adjustments to assure positive outcomes and community compatibility over time.

Clarity. Be easy to understand for community members, developers, and City officials and staff, and enable consistent interpretation at the planning counter.

Teamwork
LWC and FCS have a history of collaboration on successful housing and land use projects in the Bay Area. Those
include the Piedmont 6th Cycle Housing Element Update,
Millbrae Objective Design Standards, and Zoning Code
Updates in both Milpitas and South San Francisco. Our
complementary expertise will ensure efficient execution of the project. LWC will focus on understanding market
conditions, community priorities, and developing a
compliant Inclusionary Housing Ordinance, and FCS will
focus on CEQA compliance.

Regional Housing Experience
LWC has over 18 years of housing market experience
in Contra Costa County and the surrounding region,
leading complex projects which include:
• Inclusionary Housing Ordinances
• Housing Element Updates and Implementation
• Objective Design Standards
• Zoning Codes and General Plan Amendments to
facilitate diverse, affordable housing
We understand the pressures that Bay Area communities
face in balancing land values, construction costs, State housing law, fiscal performance, and community
priorities. We are committed to assisting communities
address these critical concerns while maintaining
small-town charm, access to open space, stable
neighborhoods, and vibrant downtowns.

LWC Experience in Orinda
LWC was part of the Downtown Precise Objective Design
Standards team in 2020, supporting Opticos Design, Inc. in housing market research, economic conditions, and
development feasibility.
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing Housing Policy Implementation

EXPERIENCE

HOUSING PROGRAMS
Inclusionary Housing Ordinances
Cypress, Novato, San Gabriel, St. Helena
Objective Design Standards
Beaumont, Los Altos, Marin County, Millbrae, Orinda
(Downtown), Piedmont, Portola Valley, Rancho Cucamonga, Redwood City, Saratoga, Seal Beach, South San Francisco, Woodland
Rezoning Programs
Beaumont, Lafayette, Long Beach, Millbrae, Novato, Portola Valley, Seal Beach
ADU Ordinances and Guidebooks
Beaumont, San Gabriel
Housing Prototype Financial Feasibility Analysis
Citrus Heights, Corte Madera, Folsom, Marin County,
Modesto, Mountain View, Tucson (AZ)
For over 18 years, LWC has worked with cities and counties to update their housing regulations to comply with State housing law and assure eligibility for planning and implementation funding.

LWC’s housing resume includes the assessment and development of ADU Ordinances, Density Bonus Programs, Mixed-use/
Multifamily Objective Design Standards, Inclusionary Housing Ordinances, and Financial Feasibility Analyses. LWC has also worked with over 35 jurisdictions on adoption and State certification in the 4th, 5th, and 6th Housing Element cycles. LWC’s approach to Housing Element Updates and housing policy prioritizes streamlining the approval process, facilitating affordability, and enabling a diversity of housing types that are consistent with the community vision and State Planning Priorities. LWC’s approach also relies on substantive online and in-person public engagement.

CALIFORNIA HOUSING ELEMENT UPDATES
Alameda County
Ongoing
Beaumont
Certified December 12, 2022
Coachella
Ongoing
Long Beach
Certified April 8, 2022
Los Altos
Certified September 5, 2023
Novato
Ongoing
Piedmont
Certified November 9, 2023
Pleasanton
Certified August 25, 2023
Richmond
Certified October 2, 2023
San Gabriel
Certified February 22, 2022
Santa Maria
Certified October 23, 2023
Tehachapi
Ongoing
Temple City
Certified December 16, 2022
Woodland
Certified March 28, 2023
Arroyo Grande 4th & 5th
Atascadero 4th & 5th
Benicia 4th & 5th
El Dorado 4th
Grover Beach 4th
King City 4th
Livermore 4th
Loomis 3rd, 4th & 5th
Monte Sereno 4th
Pacific Grove 4th
Pismo Beach 4th
Placer County 4th
Richmond 4th & 5th
Tehachapi 4th & 5th
Tulare 5th
Vallejo 5th

PREVIOUS CYCLES

PREVIOUS CYCLES
Regional Housing Experience
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM

CITY OF CYPRESS
Inclusionary Housing Ordinance and Fee Modification Study STATUS
Accepted by the City February 2024

TIMEFRAME
June 2023 - November 2023
BUDGET
$60,500

REFERENCE
Alicia Velasco
Planning Director
Cirty of Cypress
5275 Orange Ave, Cypress,
CA 90630
(714) 229-6720
[email protected]
In June of 2023, the City of Cypress
hired LWC to assess the feasibility of an
Inclusionary Housing Ordinance (IHO),
the City's current development fee
structure, and create recommendations
to better incentivize affordable housing
production.

LWC initiated the project by evaluating
housing market conditions in Cypress
and the region and reviewing
inclusionary housing programs
in comparable cities. LWC then
developed a static proforma model
to test the feasibility of inclusionary
options to ensure an IHO requirement
would not constrain affordable housing
development.

LWC also facilitated Focus Groups
with local housing developers and
a City Council Workshop to ensure
that the perspective of the community
was evident in the findings and final
recommendations.

Based on the findings of the feasibility
analysis and focus group feedback,
LWC worked with the City to evaluate
IHO options best suited for Cypress,
such as applicability requirements
based on type and size of projects,
percentage of required onsite affordable
housing units, targeted income levels,
and alternative means of compliance.

LWC also worked closely with the City to
assess development fees and provided
a strategy to ensure they supported the
IHO and the development of affordable
housing. This included an exhaustive
review of waivers, reductions, and
deferrals of City fees and their potential
impacts as well as a case study of
comparable cities in the region.

Ultimately, the City opted to enact
fee modifications and reassess the
adoption of an IHO in two years.
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM STATUS
General Plan Amendments and
Rezoning (Adopted Dec. 2025)
Objective Design Standards (Pending)

TIMEFRAME
September 2024 – Present
BUDGET
General Plan Amendments and
Rezoning ($250,000)
Objective Design Standards (TBD)

REFERENCE
Greg Wolff
Planning & Building Director
City of Lafayette
3675 Mt. Diablo Blvd., Suite 210
Lafayette, CA 94549
(925) 299-3204
[email protected]

CITY OF LAFAYETTE
Housing Element Implementation, General Plan Amendments, and Rezoning In September 2024, the City of
Lafayette hired LWC to lead the
implementation of key programs
from the 6th Cycle Housing Element
Update and achieve certification from
the California Department of Housing
and Community Development (HCD).

These included amendments to the
General Plan Land Use Element,
establishment of new higher-density
zoning districts, and updates to Land
Use and Zoning Maps.

Lafayette is a predominantly singlefamily residential community notable for its vibrant downtown and smalltown character only 40-minute BART ride from San Francisco. The City
is committed to providing adequate,
affordable, and safe housing
opportunities that retain the integrity of
existing housing stock and comply with
State housing law.

LWC worked closely with City staff,
Planning Commission, and City
Council and facilitated an outreach
program that featured six public
hearings. LWC’s accelerated workplan
started with a comprehensive review
of the Housing Element, General Plan
Land Use Element, Zoning Code, and
communication with HCD reviewers.

LWC developed a list of recommended
amendments to the Land Use Element
which aligned the text and land use
map with the May 2024 Revised Draft
Housing Element and accommodated
increased densities. LWC then outlined
a rezoning strategy that allowed up
to 35 units/acre on approximately
18 acres and the creation of four
new 60 unit/acre zones, applied to
approximately 59 acres. Rezoned sites
included much of the Downtown near
the BART station, as well as several
faith-based organization sites.

Rezoning and amendments to the
Land Use Element were adopted by
Lafayette City Council on December
16, 2024. The City is currently working
with LWC to initiate the Objective
Design Standards project for multifamily and mixed-use development throughout the City, including the
Downtown Specific Plan (DSP) area.

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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM

CITY OF NOVATO
6th Cycle Housing Element Update and Inclusionary Housing Study STATUS
Housing Element:

Adopted January 2024
HCD Certification
June 2024

TIMEFRAME
April 2022-Present
BUDGET
$895,000

REFERENCE
Clare Hartman
Community Development Director
City of Novato
922 Machin Avenue
Novato, CA
(415) 899-8938
[email protected]

PARTNERS
Rincon Consultants, Inc.

The City of Novato hired LWC to lead
its 6th Cycle Housing Element Update.

While Novato has been proactive
in addressing housing obligations,
the City's Regional Housing Needs
Allocation (RHNA) of 2,090 units is
more than a 400 percent increase over
the 5th Cycle. The City has also had
to meet more stringent requirements to
identify eligible housing sites, develop
new policies and programs to address
housing cost burden, and balance
growth, sustainability goals, and
community sentiment.

LWC initiated the project with a
Technical Analysis of the existing
Housing Element, followed by
a Housing and Special Needs
Assessment, Constraints Analysis,
Housing Resources and At-Risk
Housing Analysis, Implementation
Plan, and preparation of an updated
Sites Inventory. LWC then prepared an
Affirmatively Furthering Fair Housing
(AFFH) Assessment (consistent with
AB 686) to ensure fair housing is
considered in the Sites Inventory and
integrated into the goals, policies, and
programs. Working closely with City
staff, LWC developed and implemented
a Community Outreach Program that
featured focus groups, community
workshops, a dedicated webpage, City
Council and Planning Commission
study sessions, and public hearings.

LWC also conducted a feasibility
analysis to provide recommendations
for updating Novato's Inclusionary
Housing Ordinance (IHO) to ensure
compliance with AB 1505. To inform
these amendments, LWC created
a static proforma that evaluated
the financial feasibility of different
ranges of inclusionary rates for
potential residential and mixed-use
developments. LWC's proforma
model considered the cost of land,
development costs, revenues, and the
return on cost to a developer.

The Initial Draft of Novato's 6th Cycle
Housing Element was submitted to
HCD in January 2023. After HCD
review and revisions, the REvised
Draft was certified and adopted in June
2024.
18 | CITY OF ORINDA | INCLUSIONARY HOUSING ORDINANCE LISA WISE CONSULTING, INC.

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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM 2021-2029 Housing Element – Preliminary Report
City of San Gabriel
Prepared by Lisa Wise Consulting, Inc.

April 2021
2 | City of San Gabriel Preliminary Report | 6th Cycle Housing Element Housing Constraints Assessment
City policies and regulations, such as the Zoning Code, and market factors outside of the City’s control affect the quantity and type of residential development that occurs in San Gabriel. The following summarizes key governmental and nongovernmental constraints to housing development. For more detail, please see Appendix C.

Governmental Constraints
• Minimum dwelling unit size requirements preclude the development of smaller units, which can be more affordable.
• Mixed-use projects in commercial zones (C-1 and C-3) may only be 3 stories / 45 feet tall, while commercial projects in these zones may be up to 5 stories / 70 feet tall. • Open space requirements per unit are relatively high and may reduce the amount of area that can be dedicated to housing. Although alternatives, such as off-site provision of open space and in-lieu fees are offered, this requirement may still lower the number of housing units produced. • Parking standards, including rates and configuration (e.g., garage required for multi-family) could result in higher priced housing units.
• Subjective design guidelines, while not currently applicable to multi-family projects due to State law (SB 330), could result in uncertainty for developers and a longer permit review process in the future.

Nongovernmental Constraints
• Economic conditions in San Gabriel suggest a fairly competitive housing market that favors the development of for-sale housing over rental housing.
• San Gabriel is generally built out, so future housing development will likely be redevelopment projects that require demolishing existing structures, improvements, and uses. The lack of available vacant land may constrain housing production due to the increase costs associated with redevelopment.

Review of Existing Programs
Many of the current Housing Element programs were successfully completed or include ongoing City efforts. Almost all programs are recommended to be continued with some being modified to reflect changes since the last Housing Element adoption.

The only program recommended to be deleted is the Housing Summit Program, which is recommended to be replaced with more cost-effective stakeholder and developer outreach. Please see Appendix D for more detail.

Housing Resources Assessment
The City has several local resources available to support the continued development, preservation, and rehabilitation of housing in San Gabriel. Appendix F provides a detailed list of financial and administrative resources, as well as opportunities for energy conservation. Some key resources include:

BEST RENTER PRACTICES AND LEGAL ASSISTANCE
Protect yourself and know when and where to seek help!
When you move in, take a walk-through of your unit with your landlord. If your landlord refuses to participate, conduct a walkthrough yourself. Record all issues with photos and written notes.

Document any damages. Note the date and condition of the problem.

BEST PRACTICES
Keep good records of the condition of your rental unit when you move in, move out, and throughout your tenancy. Best practices include:

San Gabriel Valley Lawyer Referral Service – sgvba.org | (626) 966-5530 Legal Aid Foundation of Los Angeles – lafla.org | (800) 399-4529 Neighborhood Legal Services of Los Angeles County – nlsla.org | (800) 433-6251 Legal assistance resources are available locally in San Gabriel and throughout LA County, including:

If you think there is a problem with your unit, seek legal assistance. Instances where seeking advice is strongly encouraged include:

WHEN TO SEEK ASSISTANCE

LEGAL ASSISTANCE RESOURCES
Take
pictures
and write
it down!
Visit sangabrielcity.com/836/Housing
for additional information!
If you are threatened with eviction, or during the eviction process.

When asked to sign a new lease with different terms than your existing lease, especially with a large rent increase.

When problems with your unit go unaddressed for a long time, especially threats to health and safety.

Communicate all issues with your landlord and keep the records. Get written acknowledgement of known problems (or promises to fix them) and pay attention to changes

MEJORES PRÁCTICAS PARA INQUILINOS Y ASISTENCIA LEGAL
¡Protéjase a usted mismo y sepa cuándo y dónde buscar ayuda! Cuando se mude, realice un recorrido por su unidad con el arrendador.

Si su arrendador se niega a participar, realice un recorrido usted mismo.

Registre todos los problemas con fotos y notas escritas.

Documente cualquier daño. Anote la fecha y la condición del problema.

MEJORES PRÁCTICAS
Mantener buenos registros de la condición de su unidad rentada cuando se mude a la unidad, deje vacante la unidad y durante su arrendamiento. Las mejores prácticas incluyen:

San Gabriel Valley Lawyer Referral Service – sgvba.org | (626) 966-5530 Legal Aid Foundation of Los Angeles – lafla.org | (800) 399-4529 Neighborhood Legal Services of Los Angeles County – nlsla.org | (800) 433-6251 Los recursos de asistencia legal están disponibles localmente en San Gabriel y en todo el Condado de Los Ángeles, que incluyen:

Si usted cree que hay un problema con su unidad, busque asistencia legal. Los casos en los que se recomienda encarecidamente buscar asesoramiento incluyen:

CUÁNDO BUSCAR ASISTENCIA

RECURSOS DE ASISTENCIA LEGAL
¡Tome
fotos y
escriba!
¡Visite sangabrielcity.com/836/Housing
para obtener información adicional!
Si lo amenazan con el desalojo, o durante el proceso de desalojo.

Cuando se le pida que firme un nuevo contrato de arrendamiento con términos diferentes a los de su contrato de arrendamiento existente, especialmente si hay un gran aumento en la renta.

Cuando los problemas con su unidad no se aborden durante mucho tiempo, especialmente las amenazas a la salud y la seguridad.

Comunique todos los problemas a su arrendador y mantenga los registros. Obtenga un reconocimiento por escrito de los problemas conocidos (o promesas de solucionarlos) y preste atención a los cambios en su contrato de arrendamiento.

CITY OF SAN GABRIEL
6th Cycle Housing Element Update, Density Bonus Program, Inclusionary Housing Ordinance, ADU Guidebook, and Anti-Displacement Materials STATUS
Housing Element:

Adopted February 2022
HCD Certified:

February 2022

TIMEFRAME
January 2021 - Summer 2022
BUDGET
$398,553

REFERENCE
Samantha Tewasart
Planning Manager
City of San Gabriel
425 S. Mission Drive
San Gabriel, CA 91776
(626) 308-2806 ext. 4623
[email protected]
San Gabriel was one of seven SCAG
jurisdictions to receive HCD compliance
prior to the February 15, 2022 deadline.

In January 2021, the City of San
Gabriel hired LWC to lead its 6th Cycle
Housing Element update and develop
critical implementation programs to
support the City’s housing goals.

Despite being fairly built-out, San
Gabriel was assigned a RHNA figure
three times its 5th Cycle allocation.

San Gabriel is committed to complying
with State housing law, accelerating
the production of appropriately scaled
and priced homes, and preserving
housing units across all income levels.

Before updating the Housing Element,
LWC prepared and illustrated a userfriendly ADU Guidebook based on the City’s newly adopted ADU ordinance.

In phase 1, LWC prepared the
Housing Element as prescribed by
HCD, including compliance with
newly established State guidelines
for affirmatively furthering fair housing
(AFFH). In phase 2, LWC focused
on analyzing and updating the City’s
Density Bonus program and drafting
an Inclusionary Housing ordinance.

The density bonus and inclusionary
housing analyses were aimed at
supporting more effective and feasible
standards that facilitate the production
of market rate and below-market-rate
housing.

The project was informed by a robust
community engagement process that
featured community meetings, City
Council and Planning Commission
study sessions and hearings.

Additionally, LWC worked with the
City to protect existing tenants
from displacement by promoting
public awareness of tenants’ rights.

LWC researched and summarized
State tenant protection laws and
designed multiple, user-friendly fliers
appropriate for translation, posting
online, and physical distribution.

The Housing Element was adopted by
the City Council and certified by the
HCD in February 2022. The Density
Bonus Program, Inclusionary Housing
Ordinance, ADU Guidebook and Anti
Displacement material was approved
concurrently.

LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 19 F.4.b
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing Del Hombre Apartments Project Environmental Impact Report Contra Costa County, CA
FCS prepared a project-level Environmental Impact Report (EIR) with technical studies for the construction of a 284-unit apartment building on a 2.4-acre site located within Contra Costa County next to the Pleasant Hill Bay Area Rapid Transit/Contra Costa Centre Transit Village. The project will require the demolition of two existing single-story residences and also includes improvements to roads, removal of approximately 161 trees, and approximately 29,000 cubic yards of excavation for an underground parking garage. Ultimately, the project will address the regional housing and employment imbalance by providing 284 housing units to an underserved area and provide much-needed affordable housing through the delivery of 36 affordable units. The project also encourages the infill redevelopment of underused sites in areas served by adequate infrastructure and services near mass transit, freeways, and urban centers to encourage multiple-family housing located in proximity to transit corridors. The key areas for considerations included aesthetics, biological resources, air quality/GHG emissions, land use and planning, hydrology and water quality, and transportation.

The County received almost 50 comments letters regarding the project during the public review period, and neighboring community members expressed several concerns about the project, including traffic congestion, setbacks and buildings heights, density, tree removal, parking, community character, and emergency access. FCS proactively worked with the County and prepared a comprehensive work plan to address the comments on an expedited schedule. The Final EIR was certified at the Board of Supervisors meeting in August 2020. 2023–2031 (6th Cycle) Housing Element Update Program EIR Pleasanton, CA
FCS prepared a Program EIR for the City of Pleasanton’s 2023–2031 (6th Cycle) Housing Element Update, analyzing 25 potential rezoning sites to fulfill its housing shortfall between its Regional Housing Needs Allocation and the existing housing capacity of 3,173 units. The Program EIR focused on the sites identified in the Housing Element Update that could potentially be zoned for residential use. The final list of approved sites to be adopted by the City Council was accompanied by the General Plan Amendments and Specific Plan Amendments and rezoning actions to accommodate residential housing development. The Program EIR was certified, and the Housing Element was approved by the City Council in January 2023.

After certification, FCS developed a CEQA streamlining template for use by the City, applicants, and other thirdparty consultants to evaluate specific Housing Element implementing projects as they are submitted. The template document reflects streamlining guidance contained in CEQA Section 15183, which provides an exemption for consistent projects, and streamlines additional review by limiting it to project specific significant impacts that are peculiar to the project or the site. The purpose of the template is to determine whether a proposed action falls within the buildout parameters previously evaluated within the Housing Element Update EIR and determine whether there would be any new or substantially greater impacts than what was previously disclosed.

The streamlining template summarizes EIR conclusions, identifies applicable mitigation measures, and ensures efficient, consistent project evaluations. FCS is currently processing four Housing Element sites utilizing this template. 20 | CITY OF ORINDA | INCLUSIONARY HOUSING ORDINANCE LISA WISE CONSULTING, INC.

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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing Project Understanding
As a part of 6th Cycle Housing Element Update, the
City of Orinda has committed to Housing Opportunity
Goal 3, Action 3.G. This goal directs the City to develop an Inclusionary Housing Ordinance (IHO) that requires
applicants to produce affordable housing through onsite development of below market rate units or alternate means of compliance such as land dedication and inlieu fees.

The Scope describes the work plan by task and includes
meetings and deliverables. All meetings are assumed to
be conducted virtually, unless otherwise noted.

Scope of Work
Task 1: Project Administration

1.1 Project Kickoff and Schedule Refinement.

LWC will also review existing regulations, policies, and program related to housing in the City.

Meetings
• Project kickoff meeting and summary
• Detailed project schedule
Deliverables
• Regular (up to 12) calls with agendas and summaries
Task 2: Inclusionary Housing Ordinance

SCOPE OF WORK
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 21 F.4.b
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing may shape these components. LWC will also perform an
existing conditions analysis which reviews residential
development costs and residential market demand.

In this task, LWC will identify the gap given current
market conditions, which can form the basis of a fee inlieu component of the inclusionary housing program.

Pursuant to AB 1505 LWC will also identify alternate
means of compliance including a fee in-lieu.

Examples of successful programs in other communities
will be presented.

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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

Deliverables
• CEQA Applicability Analysis memo
Optional Tasks 4.A – 4.D

4.A Prepare CEQA-Compliant Project Description.

4.B Preparation of the Initial Study/Addendum.

4.C Screencheck Draft Initial Study/Addendum.

4.E Project Management. Duties to ensure that the
Initial Study/Addendum meets the City’s standards
of quality, and that it is delivered on time and within budget.

4.F Coordination Meetings and Public Hearings.

5.2 Adoption Hearings. LWC will prepare materials/
presentations for and present at a City Council public
hearing to support adoption of the recommended
Inclusionary Housing Ordinance.

Meetings
• Planning Commission Hearing
• City Council Hearing
Deliverables
• Planning Commission presentation and meeting
summary
• City Council Public Hearing presentation and meeting summary
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

TENTATIVE PROJECT SCHEDULE
2025
Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 TASK 1: Project
Administration
TASK 2: Inclusionary
Housing Ordinance
TASK 3: Community
Engagement and
Outreach
TASK 4: Environmental
Analysis
TASK 5: Hearings and
Adoption
City of Orinda
Inclusionary Housing Ordinance
Project Timeline
January 15, 2025
Consultant Work Product Meeting Community Event Hearing Study Session #2
Recommendations Memo
Admin. Draft
CEQA Applicability
Analysis
Kickoff Meeting Project Schedule
Recommendations
Memo Final Draft
Draft Inclusionary
Housing Ordinance
Final Inclusionary
Housing Ordinance
Focus Groups
Economic Feasibility
Study Admin. Draft
Economic Feasibility
Study Final Draft
PC Hearing CC Hearing
Study Session #1
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 25 F.4.b
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

REFERENCES
City Name Project Name Reference
Lisa Wise Consulting, Inc.

City of Cypress Inclusionary Housing Ordinance and Fee
Modification Study
Alicia Velasco
Planning Director
(714) 229-6720
[email protected]
City of Lafayette Housing Element Implementation, Rezoning, and Objective Design Standards
Greg Wolff
Planning & Building Director
(925) 299-3208
[email protected]
City of Novato 6th Cycle Housing Element Update and
Inclusionary Housing Study
Clare Hartman
Community Development Director
(415) 899-8938
[email protected]
City of San Gabriel
6th Cycle Housing Element Update, Density Bonus
Program, Inclusionary Housing Ordinance, ADU
Guidebook, and Anti-Displacement Materials
Samantha Tewasart
Planning Manager
(626) 308-2806 ext. 4623
[email protected]
FirstCarbon Solutions, Inc.

Contra Costa County Del Hombre Apartments Project Environmental Impact Report
Jennifer Cruz
Principal Planner
(925) 655-2867
[email protected]
City of Pleasanton 2023–2031 (6th Cycle) Housing Element Update Program EIR
Ellen Clark
Community Development Director
(925) 931-56062867
[email protected]
26 | CITY OF ORINDA | INCLUSIONARY HOUSING ORDINANCE LISA WISE CONSULTING, INC.

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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

BUDGET & FEES
Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee TASK 1 Project Administration

1.1 Project Kickoff and Schedule Refinement 2 598 $ 8 2,080 $ 10 2,150 $ 8 1,440 $ 28 6,268 $ - - $ 28 6,268 $

2.1 Economic Feasibility and Market Study - - $ 10 2,600 $ 14 3,010 $ 16 2,880 $ 40 8,490 $ - - $ 40 8,490 $

2.2 Nexus Study/Gap Analysis - - $ 8 2,080 $ 8 1,720 $ 10 1,800 $ 26 5,600 $ - - $ 26 5,600 $

2.3 Recommendations for Inclusionary Housing Ordinance
2 598 $ 12 3,120 $ 14 3,010 $ 16 2,880 $ 44 9,608 $ - - $ 44 9,608 $

5.1 Planning Commission Public Hearing 2 598 $ 12 3,120 $ 8 1,720 $ 8 1,440 $ 30 6,878 $ - - $ 30 6,878 $

5.2 Adoption Hearings 2 598 $ 12 3,120 $ 8 1,720 $ 8 1,440 $ 30 6,878 $ - - $ 30 6,878 $ SUBTOTAL - TASK 5 4 1,196 $ 24 6,240 $ 16 3,440 $ 16 2,880 $ 60 13,756 $ - - $ 60 13,756 $ Project Total 20 5,980 $ 114 29,640
$ 126 27,090
$ 124 22,320
$ 384 85,030
$ - 3,000 $ 384 88,030
$
Contingency (10%) 8,803 $
Project Total with Contingency 96,833 $
Optional Tasks

4.A Prepare CEQA-Compliant Project Description - $ 1 260 $ 2 430 $ - $ 3 690 $ 34 4,800 $ 37 5,490 $

4.B Preparation of the Initial Study/Addendum - $ 1 260 $ 2 430 $ - $ 3 690 $ 179 24,340 $ 182 25,030 $

4.C Screencheck Draft Initial Study/Addendum - $ 1 260 $ 2 430 $ - $ 3 690 $ 67 10,280 $ 70 10,970 $

4.D Final Initial Study/Addendum - $ 1 260 $ 2 430 $ - $ 3 690 $ 29 4,725 $ 32 5,415 $

INSURANCE

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR LTR INSD WVD

PRODUCER CONTACT
NAME:

PHONE FAX (A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH- STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A (Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
3/28/2024
License # 0305584
(805) 543-6887 341 (805) 543-3064
11000
Lisa Wise Consulting, Inc.
983 Osos Street
San Luis Obispo, CA 93401
24082
34630
29459
A 2,000,000
51SBABA5314 4/1/2024 4/1/2025 1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 1,000,000
BAS56524792 4/1/2024 4/1/2025
C
LIWC524575 4/1/2024 4/1/2025 1,000,000
1,000,000
1,000,000
D Professional Liab. 51PG028245723 4/1/2024 Per Claim & Agg. 2,000,000 D Professional Liab. 51PG028245723 4/1/2024 4/1/2025 Deductible 5,000 Re: Proof of Insurance.

Proof of Insurance
LISAWIS-01 BOTCERTS
Morris & Garritano Insurance Agency, Inc.

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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

CITY CONTRACT
Agreement With Standard Consultant Services Agreement
As the owner and President of Lisa Wise Consulting, Inc., I attest that we have read and can comply with the Standard Consultant Services Agreement as it appears as an attachment to the December 13 email from Lashun Cross (REQUEST FOR PROPOSALS FOR INCLUSIONARY HOUSING ORDINANCE/ PROGRAM).

Lisa Wise, AICP
870 Market Street, Suite 977
San Francisco, CA 94102
[email protected]
(805) 595-1345
LISA WISE CONSULTING, INC. INCLUSIONARY HOUSING ORDINANCE | CITY OF ORINDA | 29 F.4.b
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

SAN LUIS OBISPO SAN FRANCISCO LOS ANGELES
LISAWISECONSULTING.COM | 805-595-1345
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Attachment: Lisa Wise Consulting, Inc. Proposal Inclusionary Housing (3520 : Contract for Professional Services for the Inclusionary Housing

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2024-25
Funds Appropriated Mid-Cycle Budget Adjustment Adopted 6/18/2024 CHANGE FORM # 007-25
New Appropriations (City Council Approval 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:
391-55-58-7180

GENERAL PLAN SURCHARGE / PLANNING / ADVANCED PLANNING /

PROFESSIONAL SERVICES
$96,833

As Presented at the City Council Meeting on February 18, 2025 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: New Appropriation needed to award contract to Lisa Wise Consulting Inc., for $88,030 and additional City Manager contingency of 10% ($8,803) for services related to implementing the Housing Element.

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Attachment: Budget Change Form #007-25 (3520 : Contract for Professional Services for the Inclusionary Housing Ordinance) City Council
Staff Report
Agenda Item: F.5
Date: February 18, 2025
Department: Planning Department
AGENDA TITLE: Agreement with Opticos Design, Inc. to Establish Citywide Objective Design Standards
RECOMMENDATION:

Approve the Agreement with Opticos Design, Inc. and approve the budget change form.

BACKGROUND:

To comply with the Goals, Policies, and Actions of the 2023-2031 Housing Element (Goal 3: Housing Opportunities, Action 3.E), the City needs to adopt multifamily objective design standards that apply to all housing development projects for which objective design standards are required. Currently, the City has developed Downtown Objective Design Standards. These Standards are included as Appendix A to the currently rescinded Downtown Precise Plan. While these Standards partially meet the requirements of the Housing Element, they do not account for areas and development outside of the Village and Theatre Districts
Adoption of citywide objective design standards will provide an alternative, expedited approval process for housing development in a range of zoning designations. This is pertinent as new and updated housing legislation has been passed that requires the Planning Department to streamline and ministerially consider and approve parcel maps or final maps for housing development projects. The adoption of the objective design standards may be imposed in a range of housing designations within Orinda.

On December 13, 2024, Staff issued a Request for Proposals (RFP) for Citywide Objective Design Standards and extended the submission deadline to January 17, 2025. The selected consultant would provide guidance and design elements consistent with Orinda’s physical character beyond Downtown.

DISCUSSION:

A Request for Proposal was sent to three consulting firms. Opticos Design, Inc. was the sole proposer. The proposal was evaluated based on maintaining the architecture of the community, the teams’ experience in the process for drafting design standards for a local agency, community engagement, and demonstrated knowledge of objective design standards that align with current and new legislation. Staff believes that Opticos Design has the expertise to deliver the citywide objective design standards.

NEXT STEPS:

F.5
Packet Pg. 93
Upon approval, the agreement will be executed by the City Manager.

FISCAL IMPACT:

The total estimated cost of the contract is $150,540. Approval of Budget Change Form #008-25 will appropriate funding from the General Plan Fund (Fund #612) which currently has adequate resources available for this purpose.

ATTACHMENTS:

A. Agreement between Opticos Design, Inc. and the City of Orinda B. Proposal from Opticos Design, Inc.

C. Budget Change Form 008-25
Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Lashun Cross, Planning Director
Approved by:

F.5
Packet Pg. 94
1 CITY OF ORINDA

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

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

F.5.a
Packet Pg. 95
Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. If a Schedule of Performance is provided in Exhibit A, Provider must deliver the services according to that schedule. d. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.
e. Notwithstanding the foregoing, Provider shall not be held responsible for delays caused by factors beyond Provider’s reasonable control, and City and Provider shall work together to establish a revised schedule if such delays occur. When such delays occur, City agrees Provider is not responsible for damages, nor shall Provider be deemed to be in default of this Agreement. In addition, if the delays resulting from any such causes increase in cost or time required by Provider to perform its services in an orderly and efficient manner, Provider shall be entitled to a reasonable adjustment in schedule and compensation.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, based on actual costs, not to exceed a maximum contract price of $150,540 for satisfactory performance of the services under this agreement.
b. Provider shall bill City on a monthly basis for work done in the preceding month. Provider’s project manager shall review and sign the invoice. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services.

F.5.a
Packet Pg. 96
Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 3 b. Provider is solely responsible for the payment of employment taxes incurred under this agreement and any similar federal or state taxes. Provider and any of its employees, agents, and subcontractors shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Provider shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Provider’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Provider. Should any court, arbitrator, or administrative authority, including but not limited to the Internal Revenue Service or the State Employment Development Division, determine that Provider, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Provider agrees to a reduction in amounts payable under this agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this agreement are not greater than they would have been had the determination not been made.

6. Conflict of Interest.

7. Work Product, Intellectual Property and Records.
a. Ownership. All documents furnished to Provider by City and all Final deliverable as listed in Exhibit A prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royalty-free, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings, and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City. b. Right to Use. Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement. c. Confidential Information. In the performance of this agreement, Provider may be given access to confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be F.5.a
Packet Pg. 97
Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 4 damaging to City. Provider shall hold in confidence all City information provided by City to Provider and use it only to perform this agreement. Provider shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
d. Recordkeeping. Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records, or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

8. Assignment; Subcontracts.

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

9. Licenses.

10. Insurance Types and Limits.

Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than 1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate F.5.a
Packet Pg. 98
Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 5 limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ Compensation insurance will not be required if Provider furnishes to City a written verification that it has no employees. d. Professional Liability (Errors and Omissions) Insurance appropriate to the Provider’s profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

11. Additional Insurance Requirements.

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

F.5.a
Packet Pg. 99
Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 6 d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers licensed to do business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
j.

12. Verification of Insurance.

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

Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work F.5.a
Packet Pg. 100 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 7 beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

F.5.a
Packet Pg. 101 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 8 b. Labor Laws. Provider shall comply with all labor laws applicable to this agreement. If the services include a “public works” component, Provider is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. c. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.

16. Notices.

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

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
Opticos Design, Inc.
2100 Milvia Street, Suite 125
Berkeley, CA. 94704

17. Litigation.

18. Waivers.

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

19. Modification.

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

20. Severability.

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

21. Termination.
a. Termination Without Cause:
(i) At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City F.5.a
Packet Pg. 102 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 9 shall pay Provider for services rendered to date and Provider shall deliver to City completed final deliverables as listed in Exhibit A.
(ii) If the City terminates this agreement, the time spent in closing out the services will be compensated up to a maximum of ten percent (10%) of the total funds expended to date in the performance of the services, provided the City so approves in writing. b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. After termination for cause, City shall pay Provider for services satisfactorily rendered to date, and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified. Provider shall be entitled to a reasonable adjustment in schedule and compensation in the event of suspension.

22. Entire Agreement.

23. Governing Law and Venue.

24. Authority to Enter Agreement.

25. Successors and Assigns.

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

26. Headings and Construction.

F.5.a
Packet Pg. 103 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 10 Headings appearing herein are descriptive only and for convenience in reference to this agreement. References to Provider include its agents, servants, and employees.

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

City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Opticos Design, Inc.
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:

Exhibit A – Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language 02/05/25
President
Karen E. Parolek
F.5.a
Packet Pg. 104 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 11 Exhibit A
Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule (pages attached)
F.5.a
Packet Pg. 105 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective Work Plan
Task 1. Project Kickoff & Management
Opticos’ project management is characterized by a highly collaborative approach founded on open communication
and accessible project information.

1.1 Project Startup & Kickoff Meeting. Opticos will
prepare for and facilitate a virtual meeting with City staff to kick off the project and confirm project goals, finalize schedules and deliverables, establish protocols for
communication, share project information, and coordinate project tasks. This can be an opportunity to refine the scope, consider optional/additional tasks, and discuss
outreach goals.

1.2 Coordination calls with City. Opticos will establish a schedule for regular team check-in calls using video
conference (biweekly and as needed, up to 12) with City staff. Agendas will be available beforehand, and meeting notes will be shared through a cloud file-sharing system.

1.3 Administration & Quality Control. Opticos will
manage the project to stay on schedule, within scope and budget, and maintain quality assurance. Progress reports will be provided monthly, including a regularly updated project schedule and invoices.

Task 1 Deliverables
• Kickoff meeting agenda and meeting notes (PDF)
• Coordination meeting agenda and meeting notes
(PDF)
• Monthly invoice, including progress report
Requests for City staff:
• Support in scheduling kickoff meeting
Task 2. Research
Opticos will use a combination of sources to establish a working understanding of the project: a) review of existing parcels, policies, site and building design standards, and recent projects, b) review of existing lot sizes and physical character, and c) focused topical discussions with staff.

This section describes our proposed tasks to successfully complete the work defined in the RFP. For each task, we have identified deliverables and requests for City staff.

Opticos will summarize key findings in a memo that
will serve as the basis of discussions with various
Commissions and community groups.

2.1 Background Documents Review. Opticos will review
relevant policy documents and studies provided by city
staff, including the General Plan Housing Element, and
existing Design Guidelines and Standards (Hillside and
Ridgeline Design Guidelines, Native Orinda plants list, creek setbacks, etc.). During this review, we will explore the following questions:
• What specific building design items does the
community want to see in new buildings?
• What specific building design elements need to be
improved in new buildings?
• Are there refinements to existing standards that would better fit with established patterns?
Opticos will also review three representative sets of plans for clarity of standards compared to outcomes to examine the following questions.
• How are the current standards being interpreted and
applied?
• Are there gaps in what the standards intend versus
what complies with them?
• Are additional standards needed to meet the
community’s building and site design expectations?
• Is there a desire to provide Objective Design Standards for single-family houses? If ODS for single-family houses are desired, we are happy to discuss this further with
you to identify a scope of services that fits your needs..

In addition to reviewing the documents, Opticos will
review the City’s design review process and outcomes. We will interview City staff to discuss issues raised by staff and issues observed by the Opticos team to examine:
• Are there issues with the application submittal
checklist?
• Could certain standards be clearer for applicants and reviewers alike?
Approach + Work Plan City of Orinda | Objective Design Standards 9 F.5.a
Packet Pg. 106 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective Task 3. Objective Design Standards

3.1 Framework of Design Standards. Opticos will
prepare a visual framework of the design standards
coordinated by zone district to help users understand how the standards reflect the intended physical character. This framework will also outline key topics to be addressed in the Administrative Draft ODS.

3.2 Working Session #2: Framework of Standards.

Opticos will confirm desired built outcomes with City
staff and discuss feedback on the framework of design
standards, provide clarifications, and make modifications, as well as establish the topics, approach and document
layout for starting work on the ODS.

3.3 Administrative Draft ODS. Building on Opticos’
experience with form-based ODS in similar communities,
we will develop design standards for multi-family &
residential mixed-use projects. The standards will clearly communicate design intent and requirements for building and architectural design, site design, the public realm, and compatibility between new development and surrounding
neighborhoods.

We will ensure that the document complies with
applicable State laws and enables streamlined review by providing clear and measurable standards. The document
will be designed to convey detailed information in a
graphically rich, user-friendly format. This task includes Administrative Drafts #1 and #2. City staff comments on Draft #1 will inform Draft #2.

3.4 Working Session #3: Administrative Draft ODS.

Opticos will schedule a working session with City staff to discuss feedback on the Administrative Draft ODS and
confirm edits for the Public Review Draft ODS.

3.5 Public Draft ODS. Based on City staff comments
and direction on Administrative Draft ODS #2, Opticos
will prepare Public Review Draft ODS #1 for the City to distribution to the Planning Commission and the general public for review and comment. We will incorporate
comments and prepare Public Draft ODS #2 for
distribution to the City Council and the general public for review and comment.

3.6 Working Session #4: Public Review Draft ODS.

Opticos will schedule a working session with City staff to review final feedback from the community, Boards and
Commissions, and City Council, and confirm edits for the Final ODS.

2.2 Lot Size & Physical Character Research. Opticos
will conduct a' Lot Size & Categorization Analysis to
understand typical parcel sizes, the expected range of
new building sizes, and the underlying topography for a representative area(s) in coordination with City staff.

Opticos will also document physical character in each
neighborhood, including a range of existing and prevalent architectural styles, building types, building materials and articulation, landscaping, and streetscape patterns in recent (last ten years) development for discussion
with community and stakeholder groups. Based on
the identified precedents, we will explore the following questions:
• Are the standards that affect building design reflecting existing parcel sizes without needing parcel assembly?
• Which styles are preferred, and what issues are there with each?
• Are there certain architectural elements, independent of style, that are prevalent?
• Which of those elements are preferred?
We will prepare a table of findings keyed to a map of
Orinda's neighborhoods based on key observations from
the Lot Size & Categorization Analysis.

Throughout the tour, Opticos will engage in focused
discussions with City staff on key topics pertaining to key topics relevant to each neighborhood.

2.3 Working Session #1: Research Findings. Opticos
will schedule a working session with City staff to discuss research findings and confirm direction on Task 5
Objective Design Standards. Working sessions are 90
minutes each and held virtually.

Optional Task: City Tour. Opticos will coordinate with
City staff to prepare for and facilitate an in-person tour of key areas and projects within the city. We will use this opportunity to note key characteristics of neighborhoods and individual projects to inform the ODS.

Task 2 Deliverables
• Summary of Background Research and Findings
(PPT)
• Working Session agenda and notes (PDF)
Requests for City staff:
• Timely response to data request.
10 City of Orinda | Objective Design Standards Approach + Work Plan F.5.a
Packet Pg. 107 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective

3.7 Final ODS & Staff Checklist. Upon adoption of the
Objective Design Standards, Opticos will prepare the
Final Adopted ODS. We will also prepare a staff checklist for multi-family and mixed-use development that uses
Objective Design Standards. The checklist will be created to ensure that both applicants and staff can easily
understand the requirements for projects eligible for
ministerial approval under State law and the City Code.

Optional Task: Site Tests & Visualizations. Using
standards from the Administrative Draft ODS, we
recommend conducting tests on representative or
opportunity sites (up to six) for physical compatibility with the existing context. The tests will result in potential development yield and provide insight into the built
outcome of the standards, which will be used to refine the Public Draft ODS.

Opticos will prepare up to two site visualizations for each test site. This task assumes that the visualizations will illustrate a typical level of information, including building forms with general architectural elements showing only
the articulation regulated by the Administrative Draft ODS.

Optional Task: Project Review Testing. We recommend
testing project applications (recently approved or under review) using the Admin Draft ODS to gain insight into
the project review process and to understand how those
projects do or do not meet the draft standards. Findings from the code testing will be used to refine the Public Draft ODS.

Optional Task: Market Assessment. Lisa Wise
Consulting (LWC) will evaluate the general economic
conditions in the Contra Costa County and Orinda
market areas focusing on activity relevant to land use and development. LWC will utilize data such as residential and commercial real estate sales, building permits, residential rent surveys, and publicly available data on population, households and income and other indicators from the
American Community Survey (ACS). This assessment will
be undertaken at the city-wide levels and will determine the following inputs that will be used to test development feasibility:
• Land costs.
• Capital construction costs.
• Residential sales prices (multifamily)
• Residential rental rates (multifamily)
• Senior Housing (market rate—rental & for sale)
• Commercial rents
This information will be reported at an aggregate city-wide level and these averages will be used as the basis for
testing of the opportunity sites from Task 3.9.

Optional Task: Financial Feasibility Analysis. LWC will prepare an analysis for the opportunities sites (see Task

5.9). LWC anticipates that the development programs will be provided by Opticos, and LWC will work collaboratively with Opticos during the conceptualization of the design to provide feedback given existing land costs and related economic factors. LWC will prepare a static developer’sside pro forma that will illustrate the financial feasibility for the following land uses:

1. Multifamily rental and multifamily for sale

2. Senior housing (market rate for sale and of rent)

3. Mixed-use multifamily rental and commercial
These models will be based on the market assessment
information reported in Task I. They will demonstrate the development programs that would be feasible given
existing market conditions and assuming conventional
financing. This information can be used to inform the
objective design standards to test if the volumes and
zoning entitlements that are indicated through the
objective design process can result in economically
feasible developments for each of the five identified
development programs.

Task 3 Deliverables
• Administrative Draft ODS #1 & #2 (DOC, IND & PDF file formats)
• Public Draft ODS #1 & #2 (DOC, IND & PDF file
formats)
• Final ODS (DOC, IND & PDF file formats)
• Recommended Revisions to the Piedmont City Code
(DOC file format)
• Staff Checklist (IND & PDF file format)
Requests for City staff:
• Timely review of drafts and consolidated comments
Approach + Work Plan City of Orinda | Objective Design Standards 11 F.5.a
Packet Pg. 108 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective Task 4. Decision Maker Meetings

4.1 Study Sessions. In coordination with City staff,
Opticos will prepare for and facilitate one study session each (in-person) for the Planning Commission and City
Council, scheduled at a key project milestone. The study sessions are in addition to Opticos' attendance at public hearings.

4.2 Public Hearings. A member of the Opticos team will
attend up to four public meetings (two in person) during the ODS adoption process. We will support City staff in preparing for the meetings and will make presentations at the meetings at the City’s request.

Task 4 Deliverables
• Study session agenda, meeting materials, and
meeting notes (PDF)
• Attendance at public meetings (up to four total),
including support to City staff in the preparation of
materials and reports
Requests for City staff:
• Prepare staff reports for public hearings with input
from the consultant team
Optional Tasks for Outreach &
Engagement
Optional Task: Engagement Strategy. Opticos will
collaborate with City staff to develop an effective,
focused, and equitable outreach program that identifies clear outreach goals, detailed activities and methods, and a timeline for milestones. A draft engagement strategy will be provided to City staff for review and comment, and the feedback will be used to finalize the engagement strategy.

Optional Task: Community Meetings. In collaboration
with City staff, Opticos will prepare for and facilitate up to two community meetings (in-person), which will be
scheduled at key project milestones. These meetings will seek input and feedback from the local community to
inform them of the project and to gather meaningful input on key topics addressed in the ODS.

Optional Task: ODS Subcommittee Meetings. We
recommend a process where we work closely with City
staff and an ODS Subcommittee to prepare the ODS.

Opticos will prepare for and facilitate monthly virtual meetings (up to five) with the ODS Subcommittee. The
Subcommittee will communicate with the Planning
Commission and report the project’s progress at regular PC meetings.

Optional Task: Local Industry Roundtable Meetings. In
collaboration with City staff, Opticos will prepare for and facilitate up to two roundtable meetings (one in-person and one virtual) with local design and development
industry professionals, which will be scheduled at key
project milestones. These meetings will seek input and
feedback from local architects, designers, and developers to inform the ODS with context-appropriate, high-quality design content.
12 City of Orinda | Objective Design Standards Approach + Work Plan F.5.a
Packet Pg. 109 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective Summary of Deliverables
Task 1 Deliverables
• Kickoff meeting agenda and meeting notes (PDF)
• Coordination meeting agenda and meeting notes (PDF)
• Monthly invoice, including progress report
Task 2 Deliverables
• Summary of Background Research and Findings (PPT)
• Working Session agenda and notes (PDF)
Task 3 Deliverables
• Administrative Draft ODS #1 (DOC, IND & PDF file formats) • Administrative Draft ODS #2 (DOC, IND & PDF file formats) • Public Draft ODS #1 (DOC, IND & PDF file formats)
• Public Draft ODS #2 (DOC, IND & PDF file formats)
• Final ODS (DOC, IND & PDF)
• Recommended Revisions to the Piedmont City Code (DOC) • Staff Checklist (IND & PDF)
Task 4 Deliverables
• Study session agenda, meeting materials, and meeting notes (PDF) • Attendance at public meetings (up to four total), including support to City staff in the preparation of materials and reports Approach + Work Plan City of Orinda | Objective Design Standards 13 F.5.a
Packet Pg. 110 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective This section provides a description of the expected budget for the work described for Professional Services for the preparation of Objective Design Standards in the RFP.

A summary cost table is included on the next page, providing totals by task as described in our Work Plan. A detailed cost table with details of personnel hours can be provided upon request. Our "not-to-exceed" fixed fee for our base scope of work is $150,540.

Additional Terms for Budget

1. Budget does not include rental or purchasing fees for space or equipment for workshops, charrettes and other meetings. (Consultant to bring computers and drafting supplies.) Consultant will not be responsible for any such planning or expenses.

2. Budget does not include food for participants other than the design team for workshops, charrette and working sessions.

3.Budget does not include postage associated with public outreach and marketing.

4.Budget does not include installation of any and all public outreach media including but not limited to banners and signage.

5. In the interest of environmental considerations, the consultant will provide a PDF file of each deliverable unless otherwise specified.

6.Client shall be paid on a fee basis for performance of services under this agreement in accordance with the table above.

Any additional tasks performed outside of those specified above, such as attending additional meetings or completing additional revisions beyond the hours or number of revisions specified above, will be compensated at the hourly rates listed in the table above (subject to increase by five percent (5%) on January 1 of each calendar year occurring during the term of this agreement.)
Project Budget + Hourly Rates
54 City of Orinda | Objective Design Standards Fee Schedule F.5.a
Packet Pg. 111 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective Proposed Budget

PROPOSED WORK PLAN FEES
Task 1 Project Kickoff & Management $19,070

1.1 Project Startup & Kickoff Meeting $3,730

1.2 Coordination calls with City (12) $8,140

1.3 Administration & Quality Control $7,200
Task 2 Research $25,510

2.1 Background Documents Review $11,480

2.2 Lot Size & Physical Character Research $11,340

2.3 Working Session #1: Research Findings $2,690
Task 3 Objective Design Standards $97,490

3.1 Framework of Design Standards $5,120

3.2 Working Session #2: Framework of Standards $2,240

3.3 Administrative Draft ODS $39,560

3.4 Working Session #3: Administrative Draft ODS $2,240

3.5 Public Draft ODS $29,080

3.6 Working Session #4: Public Draft ODS $2,240

3.7 Final ODS & Staff Checklist $17,010
Task 4 Decision Maker Hearings $8,470

4.1 Study Sessions (2) $1,980

4.2 Meeting Attendance & Support (4, 2 in-person) $6,490 Total Base Scope of Work (not including Optional Tasks) $150,540 Optional Tasks
City Tour $5,000
Site Tests & Visualizations (each site) $10,000
Project Review Testing (each project) $5,000
Market Assessment $8,000
Financial Feasibility Analysis $20,000
Engagement Strategy (Draft and Final) $3,000
Community Meetings (2, in-person) $7,000
Meetings with ODS Subcommittee (see Task 4) $8,000
Local Industry Roundtable Meetings (2) $5,000
Note: Working Sessions are 1.5 hours and attended via Zoom and facilitated by Opticos unless stated otherwise.

Fee Schedule City of Orinda | Objective Design Standards 55 F.5.a
Packet Pg. 112 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective Position at Opticos Design - 2025 Hourly Rate
Principal $350
Senior Associate $260
Associate II $235
Associate I $210
Senior Designer $195
Designer $185
Rates Schedule
56 City of Orinda | Objective Design Standards Fee Schedule F.5.a
Packet Pg. 113 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective 12 Exhibit B
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
1576240.1
F.5.a
Packet Pg. 114 Attachment: Agreement between Opticos Design, Inc. and the City of Orinda (3522 : Contract for Professional Services for Citywide Objective F.5.b
Packet Pg. 115 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 116 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 117 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 118 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 119 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 120 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 121 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 122 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 123 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 124 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 125 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 126 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 127 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 128 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 129 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 130 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 131 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 132 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 133 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 134 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 135 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 136 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 137 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 138 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 139 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 140 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 141 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 142 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 143 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 144 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 145 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 146 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 147 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 148 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 149 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 150 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 151 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 152 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 153 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 154 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 155 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 156 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 157 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 158 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 159 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 160 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 161 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 162 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 163 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 164 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 165 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 166 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 167 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 168 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 169 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards) F.5.b
Packet Pg. 170 Attachment: Proposal from Opticos Design, Inc. (3522 : Contract for Professional Services for Citywide Objective Design Standards)

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2024-25
Funds Appropriated Mid-Cycle Budget Adjustment Adopted 6/18/2024 CHANGE FORM # 008-25
New Appropriations (City Council Approval 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:
612-55-58-7180

GENERAL PLAN FUND / PLANNING / ADVANCED PLANNING /

PROFESSIONAL SERVICES
$150,540

As Presented at the City Council Meeting on February 18, 2025 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: Awarding contract to Opticos Design, Inc., for $150,540 for the development of Objective Design Standards related to implementing the Housing Element.

F.5.c
Packet Pg. 171 Attachment: Budget Change Form 008-25 (3522 : Contract for Professional Services for Citywide Objective Design Standards) City Council
Staff Report
Agenda Item: F.6
Date: February 18, 2025
Department: Planning Department
AGENDA TITLE: Authorization to Amend Agreement with Rincon Consultants RECOMMENDATION:

Authorize the City Manager to Execute a Second Amendment to the Agreement with Rincon Consultants and Approve a Budget Change.

BACKGROUND:

In May 2024, the City Manager approved an agreement with Rincon Consultants, a planning firm, to assist the City with its court-mandated updates to the Plan Orinda Environmental Impact Report (EIR). The agreement was amended in October 2024 to add services and scope to their work.

DISCUSSION:

During the last several months, Rincon assisted the City in crafting revisions to the Plan Orinda EIR, including additional analysis for the wildfire section, as well as preparation for its recirculation, among other tasks.

Additional work remains and Staff is seeking City Council authority to amend the agreement for an additional $25,000 for Rincon to assist in the City in finalizing the Response to Comments section and finish compiling the Revised Final EIR including the Errata section, as well finalize the updated/final Mitigation Monitoring and Reporting Program (MMRP) that incorporates updated and/or new mitigation measures.

Additionally, additional Rincon support is necessary for the updates to the document’s Findings and Statements of Overriding Considerations, as well as providing in person support at upcoming hearings to answer questions about the CEQA analysis and produce presentations as needed.

It should be noted that Rincon works on time and materials payment, so the additional request is to provide a limit on the amount, but the actual expenditures will be based on time spent.

Staff recommends that the City Council authorize the City Manager to execute a second amendment to the Agreement for a total contract amount not to exceed $83,500 with Rincon Consultants and approve the attached budget change form.

NEXT STEPS:

Upon authorization, work to complete the Plan Orinda EIR updates will be completed and prepared for a future City Council agenda.

FISCAL IMPACT:

F.6
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The second amendment to the contract with Rincon increases the contract value from $58,500 to $83,500 for an additional $25,000 and is billed on a time and material basis.

An additional budget appropriation of $25,000 from the General Planning Fund (Fund #612) is necessary as reflected on Budget Change Form #009-25 (Attachment A).

ATTACHMENTS:

A. Budget Change Form #009-25
Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Julie Tamayo,
Approved by:

F.6
Packet Pg. 173

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2024-25
Funds Appropriated Mid-Cycle Budget Adjustment Adopted 6/18/2024 CHANGE FORM # 009-25
New Appropriations (City Council Approval 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:
612-55-58-7180

GENERAL PLAN FUND / PLANNING / ADVANCED PLANNING /

PROFESSIONAL SERVICES
$25,000

As Presented at the City Council Meeting on February 18, 2025 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: The second amendment to the contract with Rincon increases the contract value from $58,500 to $83,500 for an additional $25,000 and is billed on a time and material basis.

F.6.a
Packet Pg. 174 Attachment: Budget Change Form #009-25 (3534 : Authorization to Amend Agreement with Rincon Consultants) City Council
Staff Report
Agenda Item: F.7
Date: February 18, 2025
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award Construction Contract to City Mechanical Inc. for the Library HVAC Rehabilitation Project (CIP #4174)
RECOMMENDATION:

BACKGROUND:

The City hired Point Energy Innovations (PEI), a mechanical engineering firm, in August 2024 to specify appropriate replacement control hardware for the Orinda Library HVAC (heating, ventilation and air conditioning) control system. The Library’s system is now 25 years old and in need of constant repairs, and the subject CIP project was established to address this need. Due to its size and use, the Library building is the largest consumer of electricity and natural gas, compared to other City buildings. For this reason, PEI also performed an evaluation of energy usage in the building, and recommended certain energy efficiency upgrades, and developed specifications for the HVAC work so the City could solicit bids for the work.

With respect to CEQA guidelines, the project was determined to be Categorically Exempt under section 15301, class 1, and a Notice of Exemption was filed with the County Clerk on December 5, 2024.

DISCUSSION:

1. Award Construction Contract
On December 16, 2024, the City advertised for bids and two bids were received on January 28, 2025, with results as shown below. The low bid is within the range expected, compared to the Engineer’s Estimate.

Summary of Bids
Category/ Bid item
Engineer’s
Estimate
Bid 1:

City
Mechanical
Bid 2:

American
Mechanical
A: Control System $200,000- $289,176 $423,000
F.7
Packet Pg. 175
300,000
B: Energy Efficiency
Upgrades
$95,000-350,000 $86,075 $303,000
A+B subtotal $295,000-
650,000
$375,251 $726,000
C: Optional Replacements if
needed (unit pricing)
90,000 $148,581 $156,009
A+B+C subtotal (Basis for
determining low bidder)
$385,000-
740,000
$523,832 $882,009
A+B+C subtotal before math
corrections *
$523,858 $942,000
* Staff made corrections to bid subtotals, extensions and totals in accordance with the contract documents, and corrected numbers are shown in the above summary table. The corrections did not alter the bid order.

In addition to math errors corrected in the above table, City Mechanical advised the City of clerical mistakes in their subcontractor listing, within the allowable timeline specified in the contract documents. Accordingly, Staff finds that the apparent low bidder, City Mechanical, is responsive and responsible and therefore is recommending that the contract be awarded to them. The Bid Form submitted by City Mechanical is included as Attachment A.

The bid form included Category D potential work, Alternative Energy Conservation Measures, that was not included in the determination of the low bidder. These work items were for information that will be useful for establishing budgets for future potential projects.

In reviewing the bid line-item costs for the Category B work, Energy Efficiency Upgrades, Staff recommends that these should be done, except for items ECM-7 (Variable Flow Hot Water System Controls) and ECM-10 (Garage Exhaust DemandBased Controls). ECM-7 and ECM-10 bid line-item costs are $33,452 and would yield estimated annual savings of $4,000, which provide a relatively long return on investment of approximately eight years. However, the recommended Category B line items, ECM-1, ECM-2, ECM-3, ECM-5, and ECM-6 (refer to Attachment A) cost are $52,623 and would yield estimated annual savings of $32,500, which provide a return on investment of approximately 1.6 years. These upgrades would also improve occupant comfort level and likely increase the service life of the affected components.

In summary, the recommended contract amount is the Category A work ($289,176) plus the selected Category B work ($52,623) for an amount of $341,799. In addition, Staff is recommending that a contingency of $148,581 be authorized to accommodate Category C work, Optional Replacements, which are potential HVAC component replacements that may be found during the work to be necessary, or for potential changes or unforeseen changes in conditions. Use of this contingency would require authorization by change order, with approval by the City Manager.

NEXT STEPS:

F.7
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Upon approval of the award, the contract (standard City construction contract, as provided in the bid documents) will be routed for signatures. After the completed contract documents have been reviewed by the City Attorney, the contract will be executed by the City Manager. Project construction is estimated to begin in April 2025 and be completed in July 2025.

FISCAL IMPACT:

The Capital Improvement Project budget is $190,000, which was roughly estimated several years ago without any escalation and was prior to obtaining the detailed work by PEI. The original budget also did not contemplate the energy efficiency upgrades (Category B work) or the Category C work. To date, approximately $40,000 has been spent on design and energy evaluation work for the project. Additional engineering or professional services required during construction is estimated to be $16,000. In combination with the construction costs and contingency, additional funding of $360,000 is required to proceed, as delineated in the table below:

Funding/Shortfall to Complete Project
Construction (contract amount $341,799 plus
contingency $148,581)
$490,380
Design Cost 40,000
Engineering and Commissioning (during
Construction)
16,000
Total: $546,380
Current budget in CIP (190,000)
Shortfall $356,380
Proposed Appropriation from CIP Fund 700 (rounded) $360,000 To accommodate the construction as described above, additional budget of $360,000 is required. It is recommended to utilize the Capital Improvement Fund (Fund #700), as reflected on the attached Budget Change Form #006-25 (Attachment B).

In addition, $161,500 of the currently budgeted $190,000 (shown above) was programmed from the Library Assessment Fund (Fund #520). The money in the Library Assessment Fund is proceeds of a special parcel tax approved by Orinda voters to supplement operational costs of the Library including utilities, insurance, janitorial services, regular repairs and maintenance, as well as purchasing additional hours of operation from Contra Costa County but was not intended to be spent on capital improvements. Budget Change Form #006-25 also shifts $161,500 of funding for this project away from the Library Assessment Fund (Fund #520) and replaces it with funding from the Capital Improvement Fund (Fund #700). The Capital Improvement Fund (Fund #700) currently has available resources adequate to support the additional requested appropriations.

ATTACHMENTS:

A. City Mechanical Bid Form
F.7
Packet Pg. 177
B. Budget Change Form #006-25
Respectfully Submitted by:

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

F.7
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F.7.a
Packet Pg. 179 Attachment: City Mechanical Bid Form (3529 : award contract library HVAC) F.7.a
Packet Pg. 180 Attachment: City Mechanical Bid Form (3529 : award contract library HVAC) F.7.a
Packet Pg. 181 Attachment: City Mechanical Bid Form (3529 : award contract library HVAC)

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2024-25
Funds Appropriated Mid-Cycle Budget Adjustment Adopted 6/18/2024 CHANGE FORM # 006-25
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:
700-35-00-7127-4174

CAPITAL IMPROVEMENT FUND / PUBLIC WORKS / NO PROGRAM /

CONSTRUCTION COSTS / LIBRARY HVAC MODERNIZATION
$360,000
520-35-00-7127-4174

LIBRARY ASSESSMENT FUND / PARKS & RECREATION / NO PROGRAM / CONSTRUCTION COSTS / LIBRARY HVAC MODERNIZATION $161,500 700-35-00-7127-4174

CAPITAL IMPROVEMENT FUND / PUBLIC WORKS / NO PROGRAM /
CONSTRUCTION COSTS / LIBRARY HVAC MODERNIZATION $161,500 As Presented at the City Council Meeting on February 18, 2025 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: Awarding construction contract to City Mechanical Inc. for HVAC control systems and energy efficiency upgrades at the Library which exceeds the amount currently appropriated for the project by approximately $360,000. In addition, shifting existing funding of $161,500 from Fund #520 to Fund #700.

F.7.b
Packet Pg. 182 Attachment: Budget Change Form #006-25 (3529 : award contract library HVAC) City Council
Staff Report
Agenda Item: H.1
Date: February 18, 2025
Department: Planning Department
AGENDA TITLE: Review of Orinda Municipal Code Chapter 17.21 (City's Tree Management Ordinance)
RECOMMENDATION:

Receive the report and provide direction on whether to proceed with revisions to the City's Tree Management Ordinance.

BACKGROUND:

The Tree Management Ordinance was updated in 2021 due to heightened awareness of wildfire risks. For details on the previous update, see the January 12, 2021 staff report at
https://orindaca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1917&Me diaPosition=&ID=2312&CssClass=.

With increased pressure to reduce fire fuel and comply with insurance company requirements, some Orinda residents have expressed concern with the City’s Tree Management regulations. On January 21, 2025, the City Council requested the Tree Management Ordinance be brought forward as a matter initiated to address these concerns.

DISCUSSION:

Due to continued wildfire risk concerns, several residents over the course of 2024 and early 2025 have brought forward insurance company correspondence that requires them to remove protected trees located within 5’ of their residence. In many cases these trees are mature, healthy oak trees that residents are reluctant to remove. These residents typically face short deadlines to demonstrate compliance with this requirement and are at risk of losing homeowners insurance altogether.

The City’s Tree Management regulations in the Orinda Municipal Code, Chapter 17.21 (attachment A) require homeowners in these circumstances to seek a discretionary Tree Removal Permit. While there are exceptions in the regulations, none of them suitably apply to insurance requirements. Exceptions are listed in section 17.21.3 of the Orinda Municipal Code (OMC):

Exceptions. A permit is not required:

1. When a hazardous or dangerous condition requires immediate action to protect life or property;

2. Under emergency conditions when ordered by a fire official, the Public Works Director, Parks and Recreation Director or City Manager; H.1
Packet Pg. 183

3. For a city project on city property or for a city project within the public right-ofway;

4. To maintain a firebreak as required by state law;

5. To maintain an unobstructed flow of water for flood control safety in creek beds and waterways as determined by the City Engineer;

6. When required in writing by the Moraga-Orinda Fire District for Fire Code compliance following consultation with the Planning Director, who will annually make available to the City Council data regarding how many times and where this exception is invoked; and

7. When alternation, removal or destruction of a protected tree is required for compliance with any federal or state law.

The discretionary permit process requires a 10-day notification and a subsequent 10- day appeal period after the Statement of Official Action is released before a tree could be removed. With administrative requirements and permit application queues, the typical process can take between three weeks and two months.

To address community concerns around this issue, Staff have begun expediting the process for insurance-related removals. Staff recommend that the Tree Management Ordinance be revised to appropriately reflect these efforts and reduce barriers to compliance with unfavorable insurance requirements that residents face when removing protected trees.

Staff recommend that this section be adjusted to expand the existing exceptions to make it easier for property owners to remove trees to reduce wildfire risk. This might include an additional exception that would a) enable the removal of protected trees if requested to reduce risk pursuant to the recommendation of an insurance company, and b) require documentation provided by the appropriate entity clearly identifying this reason as well as the specific trees to be removed.

NEXT STEPS:

If directed, Staff will complete an internal review and draft updates to the City’s Tree Management regulations and present a proposed draft ordinance to the Planning Commission for review and recommendation for adoption. Staff will then present those recommendations to the City Council for formal consideration. The Tree Management Handout (attachment B) would be revised to reflect and highlight the process of obtaining this exception.

Other ordinance considerations.

Staff recommends revisions to the following “Section 17.21.4 Permit Category I – Protected trees on properties not involving a development application.” Some applications for tree removal with no development include trees an arborist has deemed to be in good health and with no projected impact to public health, safety, or property.

The existing two factors for decision and determination are limited, however, to:

H.1
Packet Pg. 184

1. The effect of tree removal or destruction on shade, views, privacy, fire safety, soil erosion and flow of surface water;

2. The number, species, size and location of other protected trees to remain in the area.

Staff recommends revisions that would clarify these discretionary standards to appropriately account for the subject tree’s health, its potential impact on public health, safety, or property, and consideration of alternatives to removal. More specific discretionary findings will help support the protected status of healthy trees that do not meet any of the exceptions provided in OMC 17.21.3.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. OMC Chapter 17.21 - Tree Management
B. Orinda Tree Ordinance Handout
Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Darin Hughes, Associate Planner
Approved by:

H.1
Packet Pg. 185
A.

Chapter 17.21 - TREE MANAGEMENT
Sections:

17.21.1 - Findings and declaration of intent.

The City Council finds that:

The management of trees on public and private property is essential to maintenance of the city's semi-rural character, a goal set forth in the general plan.

Trees contribute to the image and quality of life in the city. Healthy trees reduce air and noise pollution, provide energy-saving shade and cooling, furnish habitat for wildlife, enhance aesthetics and property values, and help to maintain soil stability. Tree management can both create and protect privacy and views and reduce fire hazards.

The city values the diverse and distinctive character of its neighborhoods, some heavily wooded, some more open.

This chapter is intended to ensure that the city will continue to realize the benefits provided by its tree resources, while recognizing the rights of individuals to develop property, maintain views and privacy, and protect against fire and other hazards.

These regulations are consistent with the local Fire Code adopted by the Moraga-Orinda Fire District (MOFD) and ratified by the City of Orinda.
(Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

17.21.2 - Definitions.

In this chapter unless the context otherwise requires:
"Destroy" means to kill or to take action that could foreseeably endanger the health or vigor of a tree, including but not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the protected perimeter of a tree. "Development application" is an application for a building or grading permit, or any other city application which if approved would ultimately require the issuance of a building permit or grading permit. "Diameter" means the distance across the tree from outside bark to outside bark measured at 4.5 feet above the natural grade of the tree. The diameter of a multi-trunk tree is the sum of the diameters of its trunks measured at 4.5 feet above natural grade multiplied by two-thirds. "Director" means the Planning Director or his or her designated representative. 1/30/25, 4:10 PM Orinda, CA Code of Ordinances
about:blank 1/8
H.1.a
Packet Pg. 186 Attachment: OMC Chapter 17.21 - Tree Management (3519 : 2025 Tree Management Ordinance update initiation)

1. 2.

3. 4.

5. "Dripline" means the outermost edge of the tree's canopy. When depicted on a map, the dripline appears as an irregularly shaped circle that follows the contour of the tree's canopy as seen from above. "Native Riparian tree" is a native tree within thirty (30) feet of the edge of a creek bank or a native tree beyond thirty (30) feet but in such proximity to a creek bank that it requires or tolerates soil moisture levels in excess of that available in adjacent uplands.
"Native tree" means a tree indigenous to the local oak woodland, chaparral, grassland or riparian habitats including, but not limited to, valley oak (Quercus lobata), coast live oak (Quercus agrifolia), black oak (Quercus kelloggi, white oak (Quercus garryana), canyon oak (Quercus chrysolepis), blue oak (Quercus douglasii), interior live oak (Quercus wislizenii), California bay (Umbellularia californica), bigleaf maple (Acer macrophylumm), buckeye (Aesculus California), white later (Alnus rhombifolia), madrone (Arbutus menziesii), flowing ash (Fraxinus dipetala), Oregon ash (Fraxicus latifolia), western sycamore (Platanus racemosa), arroyo willow (Salix lasiolepis), red willow (Saxis laevigata), western dogwood (Cornus sericea), California hazelnut (Corylus californica), black walnut (Juglans hindsii), and blue elderberry (Sambucus mexicanus).
"Professional arborist" means a person certified as an arborist by the International Society of Arboriculture or a person who, as determined by the Director, is equally qualified in the field of arboriculture.
"Protected perimeter" means the area around the tree within the dripline plus a ten-foot-wide strip of ground surrounding the dripline.
"Protected tree" means a live tree located on public or private property (including within a public or private right-of-way or easement) meeting one or more of the following standards:

A tree located on an assessor's parcel upon which there is an existing structure, which is of the following species and which has a trunk diameter equal to or greater than twelve (12) inches at 4.5 feet above its natural grade: valley oak (Quercus lobata), live oak (Quercus agrifolia), black oak (Quercus kelloggii), white oak (Quercus garryana), canyon oak (Quercus chrysolepis), blue oak (Quercus douglasii), interior live oak (Quercus wislizenii); A tree that is located on a vacant or undeveloped assessor's parcel and has a trunk diameter equal to or greater than six (6) inches at 4.5 feet above its natural grade, unless it is a tree identified on the Disallowed Plant List adopted by City Council resolution; A native riparian tree with a trunk diameter of four inches at 4.5 feet above its natural grade or a multi-trunk native riparian tree with a cross-sectional area of all trunks equal to a crosssection area of a single stem of four inches at 4.5 feet above its natural grade; A replacement tree planted as restitution for an act in violation of this chapter; 1/30/25, 4:10 PM Orinda, CA Code of Ordinances
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Packet Pg. 187 Attachment: OMC Chapter 17.21 - Tree Management (3519 : 2025 Tree Management Ordinance update initiation) A.

1. 2.

3. 4.

5. 6.

7. A.

A tree that is located in the DC (downtown commercial) or DO (downtown office) district and has a trunk diameter equal to or greater than six (6) inches at 4.5 feet above natural grade, unless it is a tree identified on the Disallowed Plant List adopted by City Council resolution. "Remove" means to cut down a tree or relocate a tree.
(Ord. 02-03 § 33 (part); Ord. 00-2 § 9; Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 21-01, § 2(Att. A), 2-2-21)

17.21.3 - Permit required for removal or destruction of a protected tree.

When Required. No person may remove or destroy a protected tree without a Category I or Category II permit as provided in Sections 17.21.4 and 17.21.5.

Exceptions. A permit is not required:

When a hazardous or dangerous condition requires immediate action to protect life or property;
Under emergency conditions when ordered by a fire official, the Public Works Director, Parks and Recreation Director or City Manager;
For a city project on city property or for a city project within the public right-of-way; To maintain a firebreak as required by state law;
To maintain an unobstructed flow of water for flood control safety in creek beds and waterways as determined by the City Engineer;
When required in writing by the Moraga-Orinda Fire District for Fire Code compliance following consultation with the Planning Director, who will annually make available to the City Council data regarding how many times and where this exception is invoked; and When alternation, removal or destruction of a protected tree is required for compliance with any federal or state law.

The applicability of an exception under this section in no way exempts activity from other regulatory requirements (e.g., City encroachment permit requirement) addressing slope stability, water quality, and other issues.
(Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

17.21.4 - Permit Category I—Protected trees on properties not involving a development application.

Permit Required. A person who desires to remove or destroy a protected tree from a property upon which grading, building or development is not proposed, shall file an application on a form provided by the city, together with the fee fixed by resolution of the City Council. 1/30/25, 4:10 PM Orinda, CA Code of Ordinances
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Packet Pg. 188 Attachment: OMC Chapter 17.21 - Tree Management (3519 : 2025 Tree Management Ordinance update initiation) C.

1. 2.

3. C.

Application. The application shall identify the location, species and diameter of each protected tree to be removed or destroyed; the application shall contain a statement of the reason the permit is requested; and shall contain other supplemental information as may be necessary to properly review an application, such as the written recommendation of a professional arborist concerning the health and quality of the tree in question and possible alternative actions.

Director Review. The Director shall inspect the tree and review the application. The Director may refer the application to the Planning Commission and may require such additional information considered necessary.

Decision-Maker Determination. The decision-maker shall approve or disapprove the application to remove or destroy a protected tree. The decision-maker shall consider the following factors:

The effect of tree removal or destruction on shade, views, privacy, fire safety, soil erosion and flow of surface water;
The number, species, size and location of other protected trees to remain in the area.

Permit Conditions. The permit may include reasonable conditions such as replacement in accordance with the provisions of Subsection 17.21.5.F.2 or moving the tree to a suitable location on the site.

Expiration of Permit. A permit is valid for one year from date of issuance unless a longer period is stated in the permit. If the applicant does not begin work before the expiration date, the permit is void. Once work authorized by a permit is begun, it shall be expeditiously pursued to completion. (Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

17.21.5 - Permit Category II—Protected trees on property involving a development application project.

Permit Required. A person applying for a building or grading permit, or an application which may subsequently require a building or grading permit, on a lot with a protected tree shall concurrently apply for a tree permit if construction related activity may remove or destroy a protected tree.

Application. The application shall contain the following information on the form provided by the Planning Department together with the fee fixed by resolution of the City Council:

A site plan map showing all protected trees on the property by trunk location and diameter, tree species and an accurate outline of each tree's dripline. The site plan shall indicate whether each protected tree will be altered, removed, destroyed, relocated or protected.

Justification statement setting forth the reason for proposed alteration, removal, relocation or destruction of any protected tree.

Other pertinent information required by the Director.
1/30/25, 4:10 PM Orinda, CA Code of Ordinances
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Packet Pg. 189 Attachment: OMC Chapter 17.21 - Tree Management (3519 : 2025 Tree Management Ordinance update initiation) D.

1. 2.

3. E.

1. 2.

3. 4.

1. 2.

Development Coordination. The application shall be reviewed with the development project application. A development project could be a project subject to discretionary permit, such as design review, or ministerial project subject only to a building permit.

Standards. In addition to the factors and guidelines set forth in Subsection 17.21.4.D, a permit shall be granted or denied based on the following factors and guidelines consistent with actions taken on the concurrent development application:

The necessity for destruction or removal in order to construct an improvement that allows reasonable economic enjoyment of private property;
The extent to which a proposed improvement may be modified to preserve and protect a protected tree;
The extent to which a change in the natural grade within the protected perimeter may be modified to maintain and preserve a protected tree.

Conditions of Approval. Each permit may require as a condition of approval:

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.

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.

The applicant shall replace a protected tree that dies during the guarantee period in accordance with the tree replacement provisions of subsection F of this section.

The applicant shall comply with care requirements of subsection G of this section.

Protected Tree Replacement. An applicant shall replace a protected tree in accordance with the following standards:

For each six inches or fraction thereof of the aggregate diameter of trees approved for destruction or 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 five feet. The applicant may substitute a larger number of smaller trees or a smaller number of larger trees if approved by the decisionmaker based on a finding that tree replacement will be more beneficial to the health and vigor of all trees on the property.
1/30/25, 4:10 PM Orinda, CA Code of Ordinances
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Packet Pg. 190 Attachment: OMC Chapter 17.21 - Tree Management (3519 : 2025 Tree Management Ordinance update initiation) G.

1. 2.

3. 4.

5. 6.

7. 8.

9. H.

If the development site cannot accommodate the replacement trees, with the written approval of the decision-maker and the property owner, the applicant may plant the replacement trees on public or private property located in Orinda. Alternatively, the applicant may make an in lieu payment of one hundred twenty-five dollars ($125.00) for each replacement tree otherwise required. All in lieu payments shall be used for city landscape-related projects.

Care of Protected Trees. In order to protect each protected tree on a site where grading or building is to take place, an applicant may, at the discretion of the decision-maker, be required to meet the following requirements:

Before starting, the applicant shall securely fence off every protected tree or grouping of protected trees 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 decision-maker.

If the proposed development or work on-site encroaches upon the protected perimeter of a protected tree, the applicant shall take special measures, as approved by the decision-maker, to allow tree roots to obtain oxygen, water and nutrients as needed.

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 decision-maker.

No significant change in existing ground level may be made within the dripline of a protected tree.

No burning or use of equipment with an open flame may occur near or within the protected perimeter.

All brush, earth and debris shall be removed in a manner that prevents injury to the tree.

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.

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.

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.
1/30/25, 4:10 PM Orinda, CA Code of Ordinances
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Packet Pg. 191 Attachment: OMC Chapter 17.21 - Tree Management (3519 : 2025 Tree Management Ordinance update initiation) A.

Expiration of Permit. A permit is valid for the same period as the building or grading permit. If the applicant does not begin work before the expiration date, the permit is void. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 21-01, § 2(Att.

A), 2-2-21)

17.21.6 - Appeal.

A person may appeal the decision to grant or deny a protected tree permit within the time and manner set forth in Chapter 17.43.
(Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

17.21.7 - Reserved.

Editor's note— Ord. No. 21-01, § 2(Att. A), adopted Feb. 2, 2021, deleted § 17.21.7 entitled "Building or grading permit not to issue," which derived from: Ord. 02-03 § 23 (part); and Ord. 99-5 § 2 Exh. A (part).

17.21.8 - Restitution and replacement of protected trees.

Protected trees are valuable assets to the city and, as a result of the death or damage of a protected tree without benefit of a permit, the public should be compensated. A person who removes or destroys a protected tree in violation of this chapter shall replace each tree removed or destroyed, in accordance with each of the following conditions:

Replacement trees in at least twenty-four- (24) inch boxes shall be planted in the following ratio: two replacement trees for each six inches or fraction thereof of the diameter of each tree removed or destroyed.

Each replacement tree shall be of an appropriate species as determined by the decisionmaker.

Each replacement tree shall be planted on the site where the tree was destroyed or removed unless the site cannot accommodate the replacement trees, in which case the property owner shall make an in-lieu payment of six hundred seventy-five dollars ($675.00), adjusted for the cost of living from year 2002 under the Bureau of Labor Standards Consumer Price Index All Urban Consumers San Francisco/Oakland/San Jose Area, for each replacement tree otherwise required.

The decision-maker may impose requirements to ensure a replacement tree's health for up to two years and may authorize the planting of a lesser number of larger trees or a larger number of smaller trees than specified in this section if either will be more beneficial to the health and vigor of all trees on the property.
1/30/25, 4:10 PM Orinda, CA Code of Ordinances
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Packet Pg. 192 Attachment: OMC Chapter 17.21 - Tree Management (3519 : 2025 Tree Management Ordinance update initiation) (Ord. 02-03 § 23 (part): Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

17.21.9 - Enforcement.

The destruction or removal of a protected tree without the required permit constitutes a continuing violation of this chapter and a separate violation shall occur each day from the act of destruction or removal until restitution is made as required in Section 17.28.8. A person who violates the requirements of this chapter shall be subject to enforcement as described in Title 19 of this code. (Ord. 02-02 § 9 (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

17.21.10 - Nonliability of city.

Nothing in this chapter imposes liability upon the city or upon its officers or employees or relieves the owner or occupant of private property from the duty to keep in safe condition any tree and shrub upon that private property or within a public right-of-way or easement upon or adjacent to that property. (Ord. 02-02 § 9 (part); Ord. 99-5 § 2 Exh. A (part))
1/30/25, 4:10 PM Orinda, CA Code of Ordinances
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Packet Pg. 195 Attachment: Orinda Tree Ordinance Handout (3519 : 2025 Tree Management Ordinance update initiation) City Council
Staff Report
Agenda Item: H.2
Date: February 18, 2025
Department: Administration
AGENDA TITLE: City of Orinda’s 40th Year of Incorporation RECOMMENDATION:

Discuss ideas to celebrate the City of Orinda’s 40th anniversary of incorporation.

BACKGROUND
The City of Orinda was incorporated on July 1, 1985, and subsequently celebrated its 25th Anniversary and 30th Anniversary with a series of events and activities in both 2010 and 2015. See attached staff reports (Attachments A and B).

DISCUSSION
Staff recommends that the City Council discuss ideas for commemorating the 40 th year
of incorporation. Staff developed the following list of possible ideas for the City Council’s consideration:

1. Proclamation recognizing the milestone anniversary;

2. Work with community groups on advertising/coordinating 40th Anniversary themes;

3. Develop a special 40th Anniversary City logo;

4. New City pins and patches with 40th Anniversary logo;

5. Work with the Historical Society on commemorative photos displays in person and through the City’s online channels;

6. Highlight the 40
th Anniversary on the front cover of the budget document with “then and now” photos;

7. Organize a City reception recognizing 40
th Anniversary; and/or

8. Work with community groups or a 40th Anniversary gala event.

In addition to the City’s 40th Anniversary, 2025 marks the 100th Anniversary of the Orinda Community Center. The City Council could consider finding ways to incorporate celebration activities to also include this historic facility.

FISCAL IMPACT
While specific costs are unknown at this time, there would be limited expenditures with graphic design support to develop new logo and related collateral material. Larger costs would be associated with in-person activities.

ATTACHMENTS:

A. Staff Report from 25th Year Anniversary
B. Staff Report from 30th Year Anniversary
H.2
Packet Pg. 196
Respectfully Submitted by:

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

H.2
Packet Pg. 197
H.2.a
Packet Pg. 198 Attachment: Staff Report from 25th Year Anniversary (3528 : City 40th Anniversary of Incorporation) H.2.a
Packet Pg. 199 Attachment: Staff Report from 25th Year Anniversary (3528 : City 40th Anniversary of Incorporation)

CITY COUNCIL

STAFF REPORT
Agenda
Item:

I-3
Date: May 19, 2015
Department: Administration
AGENDA TITLE: City of Orinda’s 30th Year of Incorporation STAFF RECOMMENDATION: City Council discuss ideas to celebrate the City of Orinda’s 30th anniversary of incorporation.

BACKGROUND: At the May 5, 2015 City Council meeting, under “Matters Initiated,” Vice-Mayor Victoria Smith requested of her fellow Councilmembers that they support her in directing staff to prepare an agenda item to discuss ideas for celebrating the City of Orinda’s 30th anniversary of incorporation. The City Council unanimously voted to direct staff to bring the matter back at a future meeting for discussion.

SUMMARY: The City of Orinda incorporated on July 1, 1985 and subsequently celebrated its 25th year anniversary with a series of events and activities in 2010. See attached staff reports (Attachments A and B).

Ideas to consider for commemorating the 30th year of incorporation include all or some of the following:

1. Proclamation recognizing the milestone anniversary

2. 4
th of July commemorative City Council decorated car

3. Concert In the Park – special program (i.e. ice cream social)

4. Call to community members for a retrospective of what Orinda was like before incorporation – include memories in the Orinda Outlook as a monthly highlight

5. Highlight the 30th Anniversary on the front cover of the budget document with “then and now” photos

6. Reception recognizing 30 years of service to the community through volunteerism

7. 80’s band and dance on the Plaza

8. Social media – 30 years in 30 days!
FISCAL IMPACT: Unknown until further discussion of ideas.

ATTACHMENTS: Attachment A – February 2, 2010 Staff Report and Minutes Attachment B – April 20, 2010 Staff Report and Minutes

Respectfully submitted by,
Janet S. Keeter
City Manager
H.2.b
Packet Pg. 200 Attachment: Staff Report from 30th Year Anniversary (3528 : City 40th Anniversary of Incorporation)

Orinda City CouncilFebruary 18, 2025

Orinda City Council
February 18, 2025