Orinda City Council
May 20, 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, May 20, 2025
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 05.20.25
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 05.20.25
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
D.1. Recognition Ann Parnigoni for her Service on the Planning Commission
D.2. Recognize Ted Urban for his Service on the Arts in Public Places Committee
D.3. Declaring the Month of June, 2025 as LGBTQIA+ Month in the City of Orinda
D.4. Declaring May 18-24, 2025 as Public Works Appreciation Week in the City of Orinda
D.5. Orinda Teen Advisory Council Annual Report
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. March 8, 2025 Special Meeting

2. May 6, 2025 Special Meeting

3. May 6, 2025 Closed Session

4. May 6, 2025 Regular Meeting
F.2. Approve Engineer's Report for the Levy of Annual Assessments; Provide Notice of Intention to Levy Annual Assessments; and Set June 3, 2025 as the Date for the Hearing on the Levy of Assessments for Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2026.

City Council
Agenda Page 3 05.20.25
Recommendation:

Adopt Resolution No. 23-25 Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year Ending 2026, Orinda Street Lighting and Landscaping Assessment District No. 1986-1, Zones L-42, M-9 and M-11 and Resolution No. 24-25, Intention to Levy and Collect Assessments for Fiscal Year Ending 2026 within the Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11.

F.3. Contract with Navigating Preparedness Associates for Updated Orinda Emergency Operations Plan and Related Training Needs Recommendation:

Approve contract with Navigation Preparedness Associates for the update to the Emergency Operations Plan and related training needs.

F.4. Ordinance 25-02 Minor Zoning Text Amendments to Comply with State Law, including Accessory Dwelling Units (ADUs), Emergency Shelters, Low Barrier Navigation Centers, Residential Care Facilities, Transitional and Supportive Housing, and Employee/Farmworker Housing
Recommendation:

Waive the second reading and adopt Ordinance No. 25-02 to approve the Zoning Text Amendments related to Orinda Municipal Code §17.2.3 (Definitions), Schedule 17.3.3 (RVL, RL and RM Districts - Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District - Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters); and 2) Find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and direct Staff to file a Notice of Exemption.

F.5. Award Services Contract to Karla’s Janitorial Services Recommendation:

Award a services contract to Karla’s Janitorial Services in the amount of $134,208 for Janitorial Services throughout the City’s Parks and Facilities.

G. CONTINED PUBLIC HEARING
G.1. Public Hearing Continuation - Master Fee Schedule
Recommendation:

Continue the previously scheduled public hearing for the adoption of the Master Fee Schedule to a date certain - June 17, 2025.

H. POLICY MATTERS
H.1. Pride Month Flag Raising
Recommendation:

City Council
Agenda Page 4 05.20.25
Consider approval of raising the Rainbow Pride Flag annually during the month of June.

H.2. Process to Fill the Vacancies on the Planning Commission and the Arts in Public Places Committee
Recommendation:

Discuss and provide direction to Staff.

I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. DESIGNATION OF AGENCY LABOR NEGOTIATORS – UNREPRESENTED EMPLOYEE: CITY ATTORNEY

3. PUBLIC COMMENTS of Closed Session Matters

4. CLOSED SESSION

5. REPORT OUT OF CLOSED SESSION
a. CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, performance evaluation of City Attorney Osa Wolff
b. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6, conference with the City's designated labor negotiators (two City Councilmembers), City Attorney M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, June 03, 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.

City Council
Agenda Page 5 05.20.25
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

PROCLAMATION
DECLARING THE MONTH OF JUNE, 2025 AS
LGBTQIA+ PRIDE MONTH IN THE CITY OF ORINDA
WHEREAS, June has become a symbolic month in which lesbian women, gay men, bisexual people, transgender, queer or questioning, intersex, and asexual people and supporters come together in various celebrations of pride; and WHEREAS, the City of Orinda has a diverse Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex, Asexual+ (LGBTQIA+) community and is committed to supporting visibility, dignity and equity for all people in the community; and WHEREAS, many of the current and past residents, students, city employees and business owners within the City of Orinda who contribute to the enrichment of our City are part of the LGBTQIA+ Community; and
WHEREAS, it is important for communities like the City of Orinda to both show support of our residents and stand in opposition to intolerant treatment and discrimination; and WHEREAS, states, municipalities, businesses, educational and religious institutions across the United States recognize and celebrate June as LGBTQIA+ Pride Month; and WHEREAS, the rainbow flag, also known as the LGBTQIA+ pride flag or gay pride flag, has been used since the 1970’s as a symbol of LGBTQIA+ social movements. Flying the rainbow flag throughout the month of June further symbolizes the celebration of diversity and support for the LGBTQIA+ Community.

NOW, THEREFORE, BE IT RESOLVED that I, Latika Malkani, Mayor, do hereby declare the month of June as LGBTQIA+ Pride month in the City of Orinda and invite everyone to reflect on ways we all can live and work together with a commitment to mutual respect and understanding.

Latika Malkani, Mayor
City of Orinda
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Communication: Declaring the Month of June, 2025 as LGBTQIA+ Month in the City of Orinda (ITEMS FOR THE GOOD OF THE CITY)

PROCLAMATION
Recognizing May 18-24, 2025, as National Public Works Week “People, Purpose, Presence”
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of the City of Orinda and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of Orinda to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2025 marks the 65th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association.

NOW, THEREFORE BE IT RESOLVED, that I, Latika Malkani, Mayor of the City of Orinda, do hereby recognize the week of May 18-24, 2025, as National Public Works Week. I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life.

Latika Malkani, Mayor
City of Orinda
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Communication: Declaring May 18-24, 2025 as Public Works Appreciation Week in the City of Orinda (ITEMS FOR THE GOOD OF THE CITY) City Council
Staff Report
Agenda Item: F.1
Date: May 20, 2025
Department: City Clerk
AGENDA TITLE: Minutes Approval
RECOMMENDATION:

Approve City Council Minutes:

1. March 8, 2025 Special Meeting

2. May 6, 2025 Special Meeting

3. May 6, 2025 Closed Session

4. May 6, 2025 Regular Meeting
BACKGROUND:

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

1. March 8, 2025 Special Meeting

2. May 6, 2025 Special Meeting

3. May 6, 2025 Closed Session

4. May 6, 2025 Regular Meeting
ATTACHMENTS:

A. City Council Special Meeting Minutes of March 8, 2025 B. City Council Special Meeting Minutes of May 6, 2025
C. City Council Closed Session Mintues of May 6, 2025
D. City Council Regular Meeting Minutes of May 6, 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 1 03.08.25
MARCH 8, 2025

CITY OF ORINDA

CITY COUNCIL MINUTES
9:00 A.M. – WORKSHOP – WILDER RANCH HOUSE

1. CALL TO ORDER / ROLL CALL:

Mayor Malkani called the meeting to order at approximately 9:00 a.m.

COUNCILMEMBERS PRESENT: Darlene Gee, Cara Hoxie, Janet Riley Vice Mayor Brandyn Iverson, Mayor Latika Malkani
COUNCILMEMBERS ABSENT: None

2. PLEDGE OF ALLGIENCE

3. STRATEGIC PLANNING SESSION
A City Council Workshop was facilitated by Raftelis , and a Report from that workshop is attached.

D. ADJOURNMENT
The meeting was adjourned at approximately 2:30 p.m.
______________________________________
Sheri Marie Smith, City Clerk
F.1.a
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Attachment: City Council Special Meeting Minutes of March 8, 2025 (3619 : Minutes Approval) City Council Workshop
Held March 8, 2025
City of
Orinda, CA
F.1.a
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Attachment: City Council Special Meeting Minutes of March 8, 2025 (3619 : Minutes Approval) City of Orinda / City Council Retreat Report 2
The City of Orinda, California, held a City Council Workshop on March 8th, 2025.

The retreat was planned and facilitated by Raftelis.

Introductions and Expectations
The workshop began with the City Council and staff introducing themselves, and then the Council shared their expectations. Their expectations touched on three key themes, which were:
x Work together and prioritize
x Collaboration and discussion
x Hear each other’s perspectives
This I Believe
Council members were asked to share "what they believe" about the future of Orinda. This exercise is loosely based on the "This I Believe" essay format initiated by Edward R. Morrow on National Public Radio in the 1950s. Today, there is an international organization that engages people in writing and sharing essays describing the core values that guide their daily lives. Summaries of their responses are below:
x Councilmember Janet Riley: Orinda is a Welcoming Community Councilmember Riley emphasized that Orinda is defined by its warm and welcoming nature. While many are drawn to the city for its real estate, schools, and other amenities, the core idea is that it remains a place where people feel truly welcomed.
x Mayor Latika Malkani: Embracing Challenges with a Growth Mindset Mayor Malkani shared that her parents immigrated to provide better economic opportunities, making significant sacrifices along the way. As a child, she was encouraged to fit in rather than speak out, which initially led to shyness. However, exposure to stories of resilience and courage inspired her to become more engaged and outspoken. She now values listening, problem-solving, and confronting issues head-on while appreciating the contributions of others in tackling challenges. x Councilmember Darlene K. Gee: Orinda as a True Community Despite growing up in the Midwest, Councilmember Gee expressed that Orinda has an even stronger sense of community. She highlighted the deep-rooted nature of the town, where some neighbors have lived next to each other for over 35 years. This sense of connection and shared values is something she believes should be preserved for future generations.
x Vice Mayor Brandyn Iverson: The Necessity of Change
Vice Mayor Iverson shared her belief that stagnation leads to decline—there is no staying the same; a community is either improving or deteriorating. While change can be difficult, embracing it thoughtfully is a way to preserve the unique quality of life that makes Orinda special. "Change done well is preservation." x Councilmember Cara Hoxie: Orinda’s Evolving Inclusivity Councilmember Hoxie, who grew up in Orinda recalled a time when there were very few Jewish families in the community and noted that antisemitism was once prevalent. Over time, however, Orinda has evolved to become a more inclusive and welcoming place where people are valued for who they are. She emphasized the importance of embracing change, communicating these values, and ensuring that Orinda continues to be a community that cares while preserving what makes it unique.

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Attachment: City Council Special Meeting Minutes of March 8, 2025 (3619 : Minutes Approval) City of Orinda / City Council Retreat Report 3
Speed Networking with the Executive Team
During the speed networking activity, Council members engaged with the Executive Team in a series of 10-minute conversations. This activity provided an opportunity for relationship-building, reflection, and space for sharing between the Council and staff. Key takeaways and a photo from the activity are below:

Key Takeaways
There is a need for improved management tools and systems to enhance operational efficiency.

This was a great opportunity for building professional relationships and knowledge sharing.

There are opportunities to refine processes and leverage technology.

It is important to keep the workforce capacity in mind when planning initiatives and priorities.

There was a strong focus on the necessity of clear and open communication about resource constraints and expectations.

The activity reassured participants about the importance of Council/staff alignment and mutual support in achieving organizational goals.

Awareness and feedback mechanisms are essential for continuous improvement and informed decision-making.

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Attachment: City Council Special Meeting Minutes of March 8, 2025 (3619 : Minutes Approval) City of Orinda / City Council Retreat Report 4
Accomplishments
The facilitator reviewed accomplishments mentioned during Council interviews in preparation for the retreat.

These included:

Council Goals and Priorities
Starting with the “big rocks,” the facilitator reviewed the themes that emerged from the Council interviews and
presented a draft set of focus areas based on the themes. It was noted that these priorities exist in addition to and not instead of the day-to-day work of the organization. The Council discussed the broad focus areas and identified specific interests within them.

The table on the following page contains the Council’s goals and identifies what they hope to accomplish over the next two years. At the close of the day, Council members identified the top priorities for the next year. The City Manager will prepare a two-year budget and work plan that reflects these priorities.

Governance and Budgeting
o Hired the City Manager and Planning Director
o Maintained strong fiscal responsibility, with reserves in good shape and no participation in PERS Fire Safety and Preparedness
o Significant progress in fire safety and wildfire adaptation, supported by Measure R funding Infrastructure and Maintenance
o Transformed roads from among the worst to among the best in the Bay Area o Established an infrastructure committee to assess private roads and drains, addressing sinkholes and mapping gaps
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Attachment: City Council Special Meeting Minutes of March 8, 2025 (3619 : Minutes Approval) City of Orinda / City Council Retreat Report 5
Wildfire Adaptability and Emergency Preparedness
Continue evacuation planning at local and regional levels.

Centralize information and resources (“Orinda Ready”).

Cultivate shared accountability between the government, partners, and residents.

Strengthen regional collaboration and advocacy.

Encourage home hardening and vegetation management.

Evaluate incentive programs for home hardening.

Strategically remove trees in public rights-of-way.

Use technology to guide strategic investments.

Increase collaboration with community nonprofits.

Support neighborhood-driven approaches.

Lead by example through city initiatives.

Infrastructure Strategy and Improvement
Implement the storm drain plan.

Develop a long-term infrastructure funding strategy and vision.

Support the infrastructure sub-committee’s work on privately maintained roads and storm drains.

Enhance circulation, mobility, and transportation safety.

Improve overall road safety.

Downtown Development and Beautification
Address vacant and under-utilized buildings, including Theater Square.

Facilitate the development of high-quality mixed-use projects.

Evaluate current conditions to enable business growth and provide certainty for prospective business owners.

Engage property owners to understand their barriers, goals, and needs.

Revisit Connect Orinda, explore new ideas, and report on the most effective strategies for economic development.

Enhance beautification efforts, including outdoor dining, lighting, landscaping, and signage.

Consider establishing a facade improvement program.

Organize events and activate public spaces to foster community engagement.

Collaborate with the Chamber of Commerce to support local businesses.

Develop and launch a DowntownOrinda.com platform.

Community Engagement and Education
Communicate the benefits of economic development.

Partner with the school district to educate and inform families (i.e., wildfire safety and preparedness).

Host two-way forums, including town halls and parent education nights.

Collaborate with partners to efficiently deliver education in community spaces (e.g., Fire Safe Moraga-Orinda FSMO).

Celebrate the City’s 40th anniversary in a way that highlights stability and community pride.

Develop a communication strategy around housing element implementation.

Enhance collaboration with the Moraga-Orinda Fire Department (MOFD).

Develop and implement a Citizen’s Academy.

Communicate with the public about the importance of services and resource availability.

Expand community education on emergency preparedness (i.e., Six Ps, resident responsibility).

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Attachment: City Council Special Meeting Minutes of March 8, 2025 (3619 : Minutes Approval) City of Orinda / City Council Retreat Report 6
Bike Rack
The “Bike Rack” was used as a time management tool to keep track of items that require further discussion outside of the retreat. The single item placed on the bike rack was:
x Solicit a staff report on the City’s climate adaptation projects Parting Thoughts
As the day came to a close, participants shared their key takeaways and what they were looking forward to over the next two years. Their responses highlighted the following priorities:

TOP GOALS TO ACHIEVE:
x Advancing a few impactful projects downtown
x Strengthening emergency preparedness and evacuation efforts x Enhancing coordination to improve efficiency
x Developing a long-term infrastructure vision
OTHER REFLECTIONS:
x Excitement about Orinda Ready
x Anticipation for the new deputy police officer
x Appreciation for the dialogue and discussion
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Attachment: City Council Special Meeting Minutes of March 8, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 1 of 1 05.06.25
MAY 6, 2025

CITY OF ORINDA

CITY COUNCIL MINUTES
4:00 P.M. – WORKSHOP – SARGE ROOM

1. CALL TO ORDER / ROLL CALL:

Mayor Malkani called the meeting to order at approximately 4:15 p.m.

COUNCILMEMBERS PRESENT: Darlene Gee, Cara Hoxie, Janet Riley Vice Mayor Brandyn Iverson, Mayor Latika Malkani
COUNCILMEMBERS ABSENT: None

2. PLEDGE OF ALLGIENCE

3. STRATEGIC PLANNING SESSION
The City Council held a follow-up session to the Workshop conducted on March 8, 2025. They reviewed the draft Strategic Planning Items for Fiscal Years 2025-26 and 2026-27, discussed them, and gave feedback to the City Manager on the document's Wildfire Adaptability and Emergency Preparedness and the Infrastructure Strategy and Improvement sections.

They set a date of June 10, 2025, at 4 pm to continue the review of the next sections of the Strategic Planning Items document.

D. ADJOURNMENT
The meeting was adjourned at approximately 5:50 p.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Special Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) May 6, 2025

CITY OF ORINDA

CITY COUNCIL CLOSED SESSION MINUTES
6:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Malkani called the meeting to order and noted that all Councilmembers were present.

B. OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS The Closed Session Matters were identified.

C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no public comments.

D. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6, conference with the City's designated labor negotiators, Linda Smith (City Manager), Gregory Ramirez (IEDA), Douglas Alessio, (Assistant City Manager), Ginger Staton (Human Resources Manager), to review the City's position and instruct the City's designated representatives regarding negotiations with the City's employees represented by Teamsters Local Union No. 856 b. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, initial performance evaluation of City Manager Linda Smith
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.

F. ADJOURNMENT
The meeting adjourned at approximately 7:05 PM
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Mintues of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 1 of 11 05.06.25
MAY 6, 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:

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

COUNCILMEMBERS PRESENT: Darlene Gee, Cara Hoxie, Janet Riley Vice Mayor Brandyn Iverson, Mayor Latika Malkani
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani
C. ADOPTION OF AGENDA
Mayor Malkani said a public comment was received requesting Item H.3 be moved up on the agenda and the Council agreed to bring it forward, subject to the commenter being present.

MOTION by Councilmember Gee, and seconded by Councilmember Hoxie, to adopt the agenda, as amended. Said motion carried by unanimous (5-0) vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Recognition of Lin Look, Children's Librarian - 26 Years of Service Mayor Malkani recognized Lin Look, the Children’s Librarian for her 26 years of service.

She asked Ms. Look and Michael Beller, Orinda Librarian, to come forward to the podium.

Michael Beller, Orinda Librarian, recognized Ms. Look for her 26 years’ of service, cited the success of the library due to her dedication and involvement, and spoke of her many contributions.

Mayor Malkani and Councilmembers thanked Ms. Look for her service, and presented a proclamation in recognition of her 26 years’ of service.

D.2. Proclamation Declaring May as Wildfire Prevention Awareness Month F.1.d
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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 2 of 11 05.06.25
Mayor Malkani presented the Proclamation declaring May as Wildfire Prevention Awareness Month. She recognized the work of Orinda staff, community, and fire officials in creating defensible space, removal of fuels, knowing evacuation routes, educating the community, and other work.

D.3. Proclamation Declaring May as Jewish American Heritage Month Mayor Malkani presented and read portions of the Proclamation declaring May as Jewish American Heritage Month.

D.4. Proclamation Declaring May as Asian Pacific American Heritage Month
Mayor Malkani presented and read portions of the Proclamation declaring May as Asian Pacific American Heritage Month.

D.5. Orinda Association Annual Report
Mayor Malkani confirmed with the City Manager that the Council will not hear this report tonight. One presenter is unable to make the meeting tonight and requested the OA be placed on the June 3rd agenda.

D.6. East Bay Municipal Utility District Presentation on Budget and Associated Rates
Margarite Young, EBMUD Board President and Ward 3 representative, provided a brief background on EBMUD, described their major upgrade at the Water Treatment Plant, pipeline replacement projects, construction of Happy Valley and Sunnyside Pumping Plants this summer, and continued management of their watershed. EBMUD’s budget process is moving forward now, and Budget Manager Sam Feldman will provide a short PowerPoint presentation and answer questions.

Sam Feldman, EBMUD Budget Manager, gave a PowerPoint presentation and described EBMUD’s mission, challenges, investments in reliability of wastewater, aging infrastructure, water quality, climate change and resiliency, fiscal responsibility, investments in service, specific costs of service studies and rates.

New rates are effective July 1st pending Board approval where the median SFR water bill will increase by about 12 cents per day in FY26 and another 14 cents per day in FY 27, and median SFR wastewater treatment bill will increase by 8 cents per day in FY26 and another 8 cents per day in FY27. He then described EBMUD’s Customer Assistance Program (CAP), next steps, and schedule of milestones to date.

Councilmembers posed questions and received feedback regarding fire hydrants and pressure issues, pumping capacity from reservoirs and water reserves at San Pablo, Briones, Lafayette, and upper San Leandro where they can arrange for tankers to do air water drops, and questions regarding annualized cost and a percentage increase which was confirmed for average, low and high-water users, and vegetation management collaboration between the City and EBMUD.

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 3 of 11 05.06.25
Mayor Malkani opened the Public Forum, and there were no speakers.

E. PUBLIC FORUM
Marcela Ossenfeld, Orinda resident, thanked the Council for having public pickleball in Orinda but said the recent resurfacing of the courts has made the lines and placements a bit messy and “tennis-forward.” She asked that the City give Court 1 as an option for a dedicated pickleball court and consider having another dedicated space for pickleball users.

City Clerk Smith announced a public comment was received from Nick Waranoff.

F. CONSENT CALENDAR
Mayor Malkani asked if there were any requests for removal of items, and Items F.5 (Hoxie) and Item F.6 (Vice Mayor Iverson) were requested to be pulled from the Consent Calendar. There were no public comments.

F.1. Minutes Approval
Recommendation:

Approve City Council Minutes:

1. April 7, 2025 Closed Session

2. April 7, 2025 Regular Meeting

3. April 15, 2025 Closed Session

4. April 15, 2025 Regular Meeting
F.2. Quarterly Investment Report for Quarter Ending March 31, 2025 Recommendation:

Accept the Quarterly Investment Report for the period ending March 31, 2025.

F.3. Third Quarter Fiscal Year 2024-2025 (July 2024 - March 2025) General Fund Report of Budget to Actual
Recommendation:

Receive the report and file.

F.4. Temporary Full Road Closure of Portions of Glorietta Boulevard for EBMUD Pipeline Replacement Project
Recommendation:

Adopt Resolution 25-25 (Traffic Order #237) Authorizing the Temporary Full Road Closure of Portions of Glorietta Boulevard between Parkway Court and Overhill Road
MOTION by Councilmember Hoxie, and seconded by Vice Mayor Iverson to approve Consent Calendar Items F.1.1-F.1.4, F.2, F.3, and F.4. Said motion carried by unanimous (5-0) vote.

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 4 of 11 05.06.25
Item Removed from the Consent Calendar:

F.5. Approval of Fiscal Year 2025-26 SB1 Road Repair and Accountability Act Project List
Recommendation:

Adopt Resolution 26-25 Approval of Fiscal Year 2025-26 Project List as Required by the Road Repair and Accountability Act of 2017 Councilmember Hoxie asked how the project list is developed and what happens if a road has been torn up by a utility and is not repaired to standard. She cited instances of signs where a road is closed when it is not as well as poor noticing to residents. She lastly asked if there is a process for roads to be added to the road repair list.

City Engineer Siva Natarajan explained that generally the City uses Street Saver software program that helps management pavement and staff runs budget scenarios and develops the project lists from it. He then explained temporary versus final paving which is to the City’s standard once projects have been fully completed. He explained all road closures require City Council approval and maintenance staff keeps abreast of inaccurate signs and addresses any inconsistencies. Lastly, there is a way the public can inform staff of damaged roads via the City’s website or by contacting staff. As far as selecting a street to be added to the road repair list, staff can receive requests and take these into consideration based upon their PCI.

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

MOTION by Vice Mayor Iverson, and seconded by Councilmember Gee to adopt Resolution 26-25 Approval of Fiscal Year 2025-26 Project List as Required by the Road Repair and Accountability Act of 2017. Said motion carried by unanimous (5-0) vote.

F.6. Ordinance 25-03 to Amend Chapter 17.21 (Tree Management) of the Orinda Municipal Code
Recommendation:

Waive the full reading and adopt Ordinance 25-03 Amending Chapter 17.21 (Tree Management) of the Orinda Municipal Code.

Mayor Malkani said she pulled the item because there was a speaker card on it.

A speaker said he was having difficulty finding information on the City’s website regarding tree management, thinks the ordinance is confusingly worded, and recommended identifying landslide and erosion risks when removing trees.

Associate Planner Darin Hughes pointed out that soil erosion is something considered within findings. It is a standard used which is applied to any tree removal permits and is under Permit Category I-Protected trees on properties not involving a development application, the first finding, which he read.

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 5 of 11 05.06.25
Mayor Malkani pointed out that the ordinance language being changed is identified on pages 141 through 164 of the packet. She then described the background leading to revisions relating to residents losing insurance and the need for a more user-friendly process for removal of certain vegetation.

Councilmember Riley asked and confirmed with Mr. Hughes that redwood trees have not been considered to be protected trees and this will be returned in another year or two during a more comprehensive update as well as when MOFD updates its ordinance.

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

Councilmember Hoxie commented that trees are important to the climate and community for many reasons. She appreciates the need for the exemption to account for insurance and other issues, but recommended balancing that with the importance of trees to the environment.

Mayor Malkani agreed, thanked the speaker for raising important comments, and said staff can address locating the information on the City’s website for the speaker.

MOTION by Councilmember Hoxie, and seconded by Councilmember Gee to waive the full reading and adopt Ordinance 25-03 Amending Chapter 17.21 (Tree Management) of the Orinda Municipal Code. Said motion carried by unanimous (5-0) vote.

F.7. Parcel Map for Subdivision MS 2024-003 Urban Lot Split at 181 Camino Pablo
Recommendation:

Adopt Resolution No. 27-25, Approving Parcel Map for Subdivision MS 2024-003 Urban Lot Split at 181 Camino Pablo
City Manager Smith noted staff was able to get the parcel map to display on the screen.

Vice Mayor Iverson said she felt the graphics and material did not allow her to make an informed decision and asked if they had a better picture. City Manager Smith displayed the parcel map, and City Engineer Siva Natarajan noted this is a picture looking through their GIS system and by no means should this be used as a specific document by any entity to determine the actual lot configurations. This is representative of where the lot split would occur. The lot on the top side is Lot A and the bottom piece is Lot B. There is an easement on the northwest side of the top lot that allows access to the back lot there.

City Manager Smith explained that this lot already has two homes on it and the owners are splitting the lot to provide one home per lot. They could take advantage of other State laws to allow ADUs or something additionally, but at this time they are proposing a lot split.

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

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 6 of 11 05.06.25
MOTION by Vice Mayor Iverson, and seconded by Councilmember Riley, to adopt Resolution No. 27-25, Approving Parcel Map for Subdivision MS 2024-003 Urban Lot Split at 181 Camino Pablo. Said motion carried by unanimous (5-0) vote.

G. PUBLIC HEARING
G.1. Minor Zoning Text Amendments to Comply with State Law, including Accessory Dwelling Units (ADUs), Emergency Shelters, Low Barrier Navigation Centers, Residential Care Facilities, Transitional and Supportive Housing, and Employee/Farmworker Housing
Recommendation:

Waive the full reading of the text amendment and introduce Ordinance No. 25-02 to approve the Zoning Text Amendments related to Orinda Municipal Code §17.2.3 (Definitions), Schedule 17.3.3 (RVL, RL and RM Districts - Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District - Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters); and 2) Find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and direct Staff to file a Notice of Exemption.

Assistant Planner Celina Palmer gave the staff report and overview of the request for minor zoning text amendments to comply with State law, including ADUs, emergency shelters, low barrier navigation centers, residential care facilities, transitional and supportive housing, and employee/farmworker housing. All proposed changes are Statemandated and have been presented to the Planning Commission for a recommendation to the Council.

Staff recommends the Council waive the full reading of the text amendments and introduce Ordinance No. 25-02, find the ordinance is not subject to CEQA, and direct staff to file a Notice of Exemption.

Councilmember Hoxie asked what would happen if the City did not adopt these changes.

City Attorney Osa Wolff explained the City is required to comply with State law. In the City’s adopted Housing Element which was certified by HCD, the City commits to taking these actions. The City would not therefore be in compliance with its Housing Element if not passed.

Vice Mayor Iverson referred to page 204 and said there is a term about having up to eight ADUs on a multi-family parcel if that does not exceed the number of pre-existing units.

She asked what that situation might look like. Ms. Palmer stated a certain number of ADUs are allowed depending on the number of units that exist on the parcel. City Attorney Wolff added that ADUs in a multi-family context are basically more stand-alone multifamily units.

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 7 of 11 05.06.25
Vice Mayor Iverson asked if Section 17.34 states that you cannot require parking and she wondered if Orinda could be pushing street parking as a solution which the law encourages where they have Red Flag parking problems. Ms. Palmer said this specifically does not require on-site parking spaces. A project could still have them but it is just not a requirement for ADUs in specific situations.

Planning Director Lashun Cross clarified that vehicles could move to on-street parking, but they want to encourage parking where they can and where they are willing.

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

MOTION by Councilmember Gee, and seconded by Councilmember Riley, to waive the full reading and introduce Ordinance No. 25-02 to approve the Zoning Text Amendments related to Orinda Municipal Code §17.2.3 (Definitions), Schedule

17.3.3 (RVL, RL and RM Districts - Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District - Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters); and 2) Find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and direct Staff to file a Notice of Exemption. Said motion carried by unanimous (5-0) vote.

Re-Arrange Agenda
MOTION by Mayor Malkani, and seconded by Councilmember Riley, to re-arrange the agenda to hear Item H.3. Said motion carried by unanimous (5-0) vote.

H. POLICY MATTERS
H.3. License Plate Reader Cameras - Review of City Efforts and Request from Knickerbocker Neighborhood Resident
Recommendation:

Receive the report and provide direction on the inclusion of additional LPR cameras in the upcoming budget.

City Manager Smith provided background on the matter and noted Evan Dryer believes the two private LPR cameras in the Knickerbocker neighborhood have proven helpful and he is requesting the Council consider taking over the operation of those two cameras.

She met with Police Chief Rossi to discuss the request, reviewed the current inventory of the LPR cameras, said they have 7 currently installed and 2 they are trying to install, and they discussed what they wanted to see long term.

At this point, because the ingress and egress areas surrounding the Knickerbocker neighborhood are covered by existing LPR cameras, staff does not believe additional publicly owned LPR cameras are necessary in order to provide coverage for that neighborhood.

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 8 of 11 05.06.25
City Manager Smith then provided an overview of LPR cameras, said she and the Chief are proposing an additional 15 public locations within the City to address ingress and egress from all neighborhoods, and said the cost of adding cameras is approximately $55,000 for the physical equipment and the annual cost of $45,000 for the additional 15 cameras. Staff is recommending the Council include these 15 cameras in the upcoming draft budget and staff is working to hopefully obtain federal funding appropriated from Congressman DeSaulnier to help pay for the first year of additional cameras.

At this time, staff would not recommend the two privately owned cameras Mr. Dryer is requesting the Council consider but instead to consider the installation of 15 new publicly owned cameras that are strategically placed in the community.

Councilmember questions ensued regarding the location of the 15 cameras, assistance provided to Police in locating wanted vehicles or information regarding investigations and crimes, privately funded cameras at residences which are the same kind of LPR cameras, and technology upgrades which are useful to police for the 15 cameras, sharing of information from homeowners, requirement to obtain permission to place cameras on private property, benefits of cameras in solving crime when investigations are done by police, concerns with funding cameras for private properties, potential redundant coverage of existing cameras, installation timeframe of approximately six months, the use of cameras during wildfire evacuation and ensuring contraflow is working, use of the Smart Signals project with CCTV cameras which are uni-directional and manned, and other types of cameras at private residences such as Ring.

Mayor Malkani opened the Public Forum.

Evan Dryer thanked Chief Rossi and his staff for the time spent on this, as well as City Manager Smith and her work in responding to his emails. He cited statistics of cases of thefts and robberies since March 5, 2024 and two high profile incidents, and said since installing cameras in the Knickerbocker neighborhood in July, there have been none of these incidents. He urged the Council to approve the 15 proposed cameras, requested removing contingencies to funding for more, spoke about areas not covered, trends since 2010, and asked to prioritize funding for police.

Jeff Bloom, El Toyonal, said he knows many HOAs have been in discussion with a focus on crime and Neighborhood Watch with police and noted the Police Department worked with Orinda Woods to place cameras. He understands the dilemma of everybody installing cameras with overlap but suggested the City have cameras installed and consider taking over cameras that are installed privately throughout the City.

Mayor Malkani closed the Public Forum and turned to Council deliberation.

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 9 of 11 05.06.25
Council deliberation ensued regarding approval of 15 cameras, consideration to include additional neighborhood cameras for more safety and security, waiting to get the 15 cameras installed to judge their adequacy, the need for Council policy for consideration of funding private residential cameras, testing the 15 cameras and their coverage, actual burglary and theft statistics, the Police Budget and the funding for an additional Deputy in the Police Services contract, and overall concerns with funding cameras for private properties using public funds.

City Manager Smith confirmed Council direction to include the 15 cameras in the budget which will be presented in the next item. Staff can then look at the success of the cameras and report back to the City Council in a year on progress made. At that time, the Council can consider proposing public/private cost sharing and any proposed policies.

H.1. Proposed Biennial Budget for Fiscal Years 2025-26 and 2026-27 Recommendation:

Receive the report, discuss and provide direction on any adjustments or changes to be incorporated into the Final Budget to be presented for adoption June 3, 2025.

City Manager Smith introduced the item and recognized Finance staff for development of the budget.

Administrative Services Director/Assistant City Manager Doug Alessio gave the staff report and PowerPoint presentation on the proposed Biennial Budget for FY 2025-26 and 2026-27. He noted that on the Consent Calendar was the third quarter finance update and results revealed that the City is on track. The City should exceed revenue expectations by a bit and come in a bit under expenditures, which he described.

Mayor Malkani and Councilmembers thanked Mr. Alessio for the presentation.

Councilmember questioned were posed regarding risks for the future and the need to monitor FEMA and other federal funding, confirmation that staff actively monitors state and federal funding, tracking of the City Attorney budget (page 37) and costs borne by Measure R, by gas tax, the General Fund’s long-term planning fund, and affordable housing, the budget as healthy and being in line with trend data.

EXTEND MEETING
MOTION by Mayor Malkani, and seconded by Vice Mayor Iverson, to extend the meeting at 9:57 p.m. to 10:30 p.m. Said motion carried by unanimous (5-0) vote.

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

Mayor Malkani and Councilmembers thanked Mr. Alessio and Finance staff for their work on the budget.

H.2. Proposed Draft Capital Improvement Plan
Recommendation:

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 10 of 11 05.06.25
Review, discuss, and provide comments on the proposed Draft Capital Improvement Plan (CIP).

Public Works Director Scott Christie gave the staff report, overview and PowerPoint presentation of the proposed Draft CIP for FY 2025-26 to 2029-30 as well as the 2024- 25 year which is ending and prior expenditures. The City has about 53 projects and $21 million to be expended in two years.

Mr. Christie said staff is recommending not moving forward with the Glorietta Raised Crosswalks project, not accepting the grant for $200,000, noting the City would have had to pay $100,000 in local funds to provide that project. The justification for the project was to facilitate safe crossing at Martha and Glorietta during the peak school drop-off and pickup hours.

Mr. Christie then described balancing sources for projects, keeping abreast of restrictions, and hopefully coming in at the end of the year with a non-zero balance, and decreased revenues include gas tax, drainage impact fees, and solid waste fees (Funds 200, 310, 335). He then reviewed key pages in the presentation, line-item descriptions, fund balances, detail pages for each project, projects that require federal or state funding (CTPL), and other projects which could be brought forward and funded per Council direction.

Councilmembers posed questions regarding concerns with removing the raised crosswalk project, confirmation that the project costs account for design and construction of the entire project, some areas where grant funding has not been received, questions why the City will spend less in the CIP in the second year which they confirmed is because of higher expenditures in the previous fiscal year for the Smart Signals project and Category A Storm Drain Project, potential increases in costs in labor and materials, and deferring certain projects if high bids are received,
Mayor Malkani opened the Public Forum, and there were no speakers.

Councilmembers deliberated on removal of the raised crosswalk project, with some Councilmembers disagreeing that the area is not that busy after school during sports and other activities, the lack of use of the crosswalk during these times, the potential for expectations of other schools, and Councilmembers agreed the area was not at all busy when school is closed.

Councilmember Hoxie referred to fire hydrants which are not on the CIP and she wondered if the City could find grant funding for them given the current concern regarding fire. City Manager Smith agreed to report back as she would need to better understand the relationship between the water agency, responsibilities of MOFD, and what the responsibilities of the City are before making any recommendation to include or not include something in the CIP.

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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) Orinda City Council Minutes Page 11 of 11 05.06.25
Mayor Malkani referred to comments regarding Pickleball and did not believe any changes needed to be made to the CIP. City Manager Smith said some comments related to striping and she will try to work with Mr. Trimble to determine where this is coming from and what the confusion might be around that.

Vice Mayor Iverson said the CIP states it is a design cost for a location. She asked that it be more of a general earmark for a Pickleball solution, and Councilmembers agreed.

She then referred to the Infrastructure Subcommittee and asked if an allowance was needed for any soft design costs or anything anticipated to be brought to the Council.

Mayor Malkani confirmed that this would come to the Council.

Vice Mayor Iverson noted that she had a comment to the City Manager that the last 3 or 4 pages in the back of the book were her favorite part. She asked the City Manager to think of a process to have those conversations return to the Council. City Manager Smith said staff can daylight opportunities or provide the Council with opportunities earlier in the process to weigh in on that and talk internally about the call for projects for the year.

Mayor Malkani and Councilmembers thanked Mr. Christie and staff for development of the CIP.

I. COUNCILMEMBER REPORTS – Mayor Malkani reported on the great Orinda Wildfire Community Education night last week with 200 people in attendance with fire personnel presenting and two Councilmembers and staff present.

J. CITY MANAGER'S REPORT – May 17th is the Wildfire Preparedness Fair and State Farm will be at the fair.

K. MATTERS INITIATED – Mayor Malkani said June is Pride Month and she believes there will be a proclamation. In addition, the City typically raises a pride flag, so she asked for this to be agendized.

MOTION by Mayor Malkani, and seconded by Councilmember Gee, to agendize approval of a Proclamation declaring June as Pride Month in Orinda and raising the Pride Flag. Said motion carried by unanimous (5-0) vote.

L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10.30 p.m. to the Special City Council Meeting on Tuesday, May 07, 2025 at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Regular Meeting Minutes of May 6, 2025 (3619 : Minutes Approval) City Council
Staff Report
Agenda Item: F.2
Date: May 20, 2025
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approve Engineer's Report for the Levy of Annual Assessments; Provide Notice of Intention to Levy Annual Assessments; and Set June 3, 2025 as the Date for the Hearing on the Levy of Assessments for Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2026.

RECOMMENDATION:

Adopt Resolution No. 23-25 Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year Ending 2026, Orinda Street Lighting and Landscaping Assessment District No. 1986-1, Zones L-42, M-9 and M-11 and Resolution No. 24-25, Intention to Levy and Collect Assessments for Fiscal Year Ending 2026 within the Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11.

BACKGROUND:

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

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

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

For Zones L-42 and Zone M-9 which are authorized to be adjusted the practice used by the City, is to calculate the adjustment based on the annual change in the Consumer Price Index (CPI) as reported for San Francisco-Oakland-Hayward, CA, all urban consumers. The report is published bi-monthly and the February report is used for the calculation. The Federal Bureau of Labor Statistics reported that between February 2024 and February 2025 the index increased by 2.69%.

DISCUSSION:

The City Council is required to establish the budget and levy assessments within each of the three zones of benefit annually in order to continue financing the services within the assessment district. The first step in the assessment levy process is the adoption of a resolution ordering engineering assistance in the preparation and filing of the report, which was done at the City Council Meeting of April 15, 2025. The next step is to approve the Engineer's Report (Attachment A), to declare the City's intention to levy and collect assessments and to set the date for the public hearing regarding the assessments. Adoption of the attached resolutions (Attachments B and C) will satisfy the requirements and will set the public hearing date for Zones L-42, M-9 and M-11 for June 3, 2025.

The City utilizes the firm of NBS to prepare the Engineer’s report and process the levy that is delivered to the Contra Costa County Tax Collector. It should be noted that Zone M-11 does not have an inflator due to majority opposition in the 1999 assessment ballot proceeding.

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

Section 5 of the Engineer's Report provides both projected revenues and expenses for FY 2025 and a proposed budget for Fiscal Year ending 2026 for the Orinda Street Lighting and Landscaping Assessment District No. 1986-1. The types of expenditures F.2
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remain consistent with the previous years. Zone L42 is projected to have a reserve balance, which is within the allowed reserve under State laws related to assessment districts. It should be noted that Zone L-42 continues to maintain a relatively high reserve. This reserve is established primarily to cover future replacement costs when a city owned street light pole within Zone L-42 requires replacement. Such poles are Caltrans Type poles of steel construction and if replaced would cost an estimated $20,000 each, depending on pole base conditions.

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

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

FY 2023-24
Actual
FY 2024-25
Estimated
FY 2025-26
Proposed
General Fund $ M11 $45,301 $71,705 $75,018
NEXT STEP:

If approved by the City Council, a public hearing will be held on June 3, 2025.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 Assessments to be collected from parcels in Assessment District 86-1 (all zones) will provide $61,447 to partially offset $136,261 of estimated expenses. The General Fund will contribute $77,706 towards the expenses which includes funding general benefits that cannot be funded from special assessments. Zone L-42 is estimated to have an increase in reserves of $2,892.

ATTACHMENTS:

A. Engineer's Report for FY 25-26
B. Resolution 23-25 Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year 2026
C. Resolution 24-25 Intention to Levy and Collect Assessments for Fiscal Year 2026 Respectfully Submitted by:

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

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Resolution No. 23-25

RESOLUTION NO. 23-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING THE ENGINEER’S REPORT FOR THE LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2026, ORINDA STREET LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 1986-1, ZONES L-42, M-9, AND M-11 WHEREAS, the Orinda City Council previously formed an assessment district under the Landscape and Lighting Act of 1972 (Streets and Highways Code, Part 2, Division 15, Section 22500 and following); and,
WHEREAS, the district was designated the “Orinda Street Lighting and Landscape Assessment District No. 1986-1,” and replaced the former County Service Areas L-42, M-9, and M-11; and
WHEREAS, the Assessment District contains three zones: L-42, M-9, and M-11; and WHEREAS, the description of improvements, estimate of costs, method of assessment, assessment roll and assessment diagram for each zone are set forth in detail in the Engineer's Report; and
WHEREAS, the improvements and services of the Assessment District which will be performed in each zone are as follows:

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

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

WHEREAS, it is necessary to undertake proceedings under the provisions of the Streets and Highways Code for the levy and collection of assessments for the Fiscal Year 2026 within the existing Assessment District; and
WHEREAS, this Council has determined that it is necessary to continue building reserves in District L-42 in the event a city owned street light pole requires replacement; and WHEREAS, this Council has determined to proceed to levy an annual assessment and did on April 15, 2025, order the Engineer to prepare and file a report in accordance with the Landscaping and Lighting Act of 1972; and
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Attachment: Resolution 23-25 Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year 2026 (3615 : Lighting and Resolution No. 23-25

WHEREAS, on May 13, 2025, the Engineer filed his report with the City Clerk for submission to this Council and the City Manager has submitted the report to this Council for consideration.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby find that the report prepared and filed by the Engineer on May 13, 2025, contains all the elements required for such reports by the Landscaping and Lighting Act of 1972, including (1) an estimate of the annual costs of the improvements, (2) a diagram of the Assessment District and (3) an assessment of the estimated annual costs of the improvements.

ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on May 20, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

RECUSED:COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 23-25 Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year 2026 (3615 : Lighting and Resolution No. 24-25

RESOLUTION NO. 24-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2026

WITHIN THE ORINDA STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1986-1, ZONES L-42, M-9, AND M-11
WHEREAS, the Orinda City Council previously formed an assessment district under the Landscape and Lighting Act of 1972 (Streets and Highways Code, Part 2, Division 15, Section 22500 and following); and
WHEREAS, the district was designated the “Orinda Street Lighting and Landscape Assessment District No. 1986-1,” and replaced the former County Service Areas L-42, M-9, and M-11; and
WHEREAS, the Assessment District contains three zones: L-42, M-9 and M-11; and WHEREAS, the description of improvements, estimate of costs, method of assessment, assessment roll and assessment diagram for each zone are set forth in detail in the Engineer's Report; and
WHEREAS, it is necessary to undertake proceedings under Streets & Highways Code for the levy and collection of assessments for the Fiscal Year 2026 within the existing Assessment District; and
WHEREAS, this Council has determined to proceed to levy an annual assessment and on April 15, 2025, ordered in Resolution No. 18-25 that the Engineer prepare and file a report in accordance with the Landscaping and Lighting Act of 1972; and WHEREAS, on May 20, 2025 the Orinda City Council approved the Engineer’s Report as filed with the Clerk of this Council; and
WHEREAS, the Engineer's Report proposes that the assessments levied in Zones L-42 and M-9 be increased to cover the annual District costs; and WHEREAS, the Engineer’s Report proposes that the assessments not be increased over the amounts levied in M-11 in the previous year; and WHEREAS, assessments are to be imposed exclusively to finance the maintenance of lighting and landscaping improvements on streets and are exempt from the approval and procedures required under Section 4 of Article XIII D of the State Constitution.

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

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Attachment: Resolution 24-25 Intention to Levy and Collect Assessments for Fiscal Year 2026 (3615 : Lighting and Landscaping District - Set Resolution No. 24-25

1. This Council declares its intention to levy and collect assessments with the Assessment District for the Fiscal Year 2026. The improvements and services to be funded through such assessments are generally described as follows:

Zone Description
L-42 Street lighting facilities and services.

M-9 Street lighting facilities and services.

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

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

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

4. This Council will hold a public hearing on June 3, 2025, at 7:00 p.m., at the Orinda Library Auditorium, 26 Orinda Way, Orinda, California, on the question of the levy of the proposed assessment.

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

ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on May 20, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

RECUSED:COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 24-25 Intention to Levy and Collect Assessments for Fiscal Year 2026 (3615 : Lighting and Landscaping District - Set City Council
Staff Report
Agenda Item: F.3
Date: May 20, 2025
Department: City Council
AGENDA TITLE: Contract with Navigating Preparedness Associates for Updated Orinda Emergency Operations Plan and Related Training Needs RECOMMENDATION:

Approve contract with Navigation Preparedness Associates for the update to the Emergency Operations Plan and related training needs.

BACKGROUND:

On February 6, 2018, the City Council adopted the Orinda Emergency Operations Plan (EOP) and related Annexes. The document established an Emergency Management Organization and assigned functions and tasks consistent with the California Standardized Emergency Management System (SEMS). Its aim was to integrate and coordinate emergency planning efforts across multiple jurisdictions.

The 2018 EOP was developed in collaboration with the Moraga-Orinda Fire District and drafted similarly to the emergency operations plans for the City of Lafayette and Town of Moraga. This consistency was intended to facilitate faster and more efficient mutual aid responses across the Lamorinda area, as well as the speed at which the documents were able to be produced.

Since the 2018 update, staffing changes have occurred across nearly every City department, including the creation of new positions that did not previously exist. All fulltime City of Orinda employees, as part of their onboarding, take an oath as Disaster Service Workers, committing to serving the community during emergencies. It is the City's responsibility to ensure that these employees receive the appropriate training to effectively fulfill this role.

DISCUSSION:

In January 2025, City staff issued a Request for Proposals (RFP) and invited more than 20 well-respected firms to submit proposals. The RFP was also posted on the City of Orinda’s website. Sufficient time was provided for potential respondents to review the RFP, submit questions, and prepare complete proposal packages. Staff received and reviewed six proposals and conducted a thorough internal review process with key stakeholders in the City, including Public Works and Community Development staff.

Navigating Preparedness Associates was selected after this review and can meet the City’s needs identified in the RFP.

Staff recommends entering into a contract with Navigating Preparedness Associates LLC to update the City’s Emergency Operations Plan (EOP). The updated plan will be F.3
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tailored to the City’s current organizational structure and capabilities. In addition, Navigating Preparedness Associates will provide training to City staff to ensure effective implementation of the EOP during emergency situations.

FISCAL IMPACT:

The cost of the contract with Navigating Preparedness Associates is $141,000, plus additional Staff time required for training activities.

ATTACHMENTS:

A. Contract with Navigating Preparedness Associates
Respectfully Submitted by:

Micki Cronin
Senior Management Analyst
Prepared By: Micki Cronin, Senior Management Analyst
Approved by:

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1 CITY OF ORINDA

SERVICES CONTRACT
Navigating Preparedness Associates, LLC (“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 developing an updated Emergency Operations Plan (EOP) and provide training to City staff on key skills for the EOP implementation.
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: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed no later than eight months after the signing of this contract. If a Schedule of Performance is provided in Exhibit A, Provider must deliver the services according to that schedule. d. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, based on actual costs, not to exceed a maximum contract price of $141,000 for satisfactory performance of the services under this agreement.
b. Provider shall bill City on a monthly basis for work done in the preceding month. Provider’s project manager shall review and sign the invoice. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly.
c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.
a. Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee, partner, joint venture, or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider is solely responsible for the means and methods of performing the services under this agreement and for the persons hired to work under this agreement. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of F.3.a
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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 3 compliance upon request. Provider is not entitled to health benefits, worker’s compensation, or other benefits from the City.
b. Provider is solely responsible for the payment of employment taxes incurred under this agreement and any similar federal or state taxes. Provider and any of its employees, agents, and subcontractors shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Provider shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Provider’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Provider. Should any court, arbitrator, or administrative authority, including but not limited to the Internal Revenue Service or the State Employment Development Division, determine that Provider, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Provider agrees to a reduction in amounts payable under this agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this agreement are not greater than they would have been had the determination not been made.

6. Conflict of Interest.

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

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

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

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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 4 c. Confidential Information. In the performance of this agreement, Provider may be given access to confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Provider shall hold in confidence all City information provided by City to Provider and use it only to perform this agreement. Provider shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
d. Recordkeeping. Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records, or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

8. Assignment; Subcontracts.

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

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

9. Licenses.

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

10. Insurance Types and Limits.

Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate F.3.a
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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 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.

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

11. Additional Insurance Requirements.

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

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

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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 6 d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers licensed to do business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. Verification of Insurance.

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

Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require F.3.a
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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 7 complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

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

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

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

The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

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

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

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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 8 c. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.

16. Notices.

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

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
Navigating
Preparedness
Associates, LLC 3245
Driftwood Dr.

Lafayette, CA. 94549

17. Litigation.

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

18. Waivers.

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

19. Modification.

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

20. Severability.

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

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

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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 9 (ii) If the City terminates this agreement, the time spent in closing out the services will be compensated up to a maximum of ten percent (10%) of the total funds expended to date in the performance of the services, provided the City so approves in writing. b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. After termination for cause, City shall pay Provider for services satisfactorily rendered to date, and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.

22. Entire Agreement.

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

23. Governing Law and Venue.

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

24. Authority to Enter Agreement.

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

25. Successors and Assigns.

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

26. Headings and Construction.

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

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

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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) 10 City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Navigating Preparedness Associates, LLC
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:

Exhibit A – Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language F.3.a
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Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule (pages attached)
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Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
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Attachment: Contract with Navigating Preparedness Associates (3618 : Contract with Navigating Preparedness Associates) City Council
Staff Report
Agenda Item: F.4
Date: May 20, 2025
Department: City Council
AGENDA TITLE: Ordinance 25-02 Minor Zoning Text Amendments to Comply with State Law, including Accessory Dwelling Units (ADUs), Emergency Shelters, Low Barrier Navigation Centers, Residential Care Facilities, Transitional and Supportive Housing, and Employee/Farmworker Housing
RECOMMENDATION:

Waive the second reading and adopt Ordinance No. 25-02 to approve the Zoning Text Amendments related to Orinda Municipal Code §17.2.3 (Definitions), Schedule 17.3.3 (RVL, RL and RM Districts - Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District - Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters); and 2) Find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and direct Staff to file a Notice of Exemption.

BACKGROUND:

At its meeting on May 6, 2025, the City Council introduced Ordinance 25-02 amending §17.2.3 (Definitions), Schedule 17.3.3 (RVL, RL and RM Districts - Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District - Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters) of the Orinda Municipal Code (Attachment A) to accomplish the following:

1. Update the definition for “Transitional Housing” and “Supportive Housing,” to be consistent with Government Code Section 65582, and add definitions for “Residential Care Facility,” “Employee/Farmworker Housing,” and “Low Barrier Navigation Center”;

2. Add the uses “Residential Care Facility,” “Transitional and Supportive Housing,” and “Employee/Farmworker Housing” to the table of land use regulations for the RVL, RL and RM districts, to address the Housing Element 6th Cycle Program Implementation Action 4.A, and allow large and small daycare by right, to comply with the California Health and Safety Code Section 1596.78;

3. Modify the language in §17.3.4 to be consistent with the Government Code sections 66314 and 66333, by: 1) updating Government Code section references (as code numbers have changed); 2) modifying the sections related to ADU Building Heights (increases the height limit from 16’ to 18’ when within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor and/or on a lot with an existing or proposed multifamily, multistory dwelling); 3) modify the section related to ADU Parking (no additional spaces required for studios or when a parking space has been converted) to meet state law F.4
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requirements; 4) remove the prohibition for ADUs or JADUs on parcels that have used both the authority contained in Government Code Sections 65852.21 and 66411.7; and limit the site to no more than two dwelling units of any kind on a parcel created through the exercise of the authority contained in Government Code Section 66411.7; 5) modify Section 17.3.4.B.2.b. to match the language in California Government Code section 66323; and, 6) replace Section 17.3.4.E.1 and 2 with reference to California Government Code section 66320;

4. Adjust the sections for Story Limits and Building Height limits to regulate the “as required by the most restrictive of the closest adjoining residential or downtown district base regulations,” and remove the statement, “or as established by the Planning Commission by conditions imposed at the time of review for approvals required by this title,” to address the Housing Element 6th Cycle Program Implementation Action 1.D;

5. Update “Emergency Shelter” to be a permitted use in the PS District and add the use “Low Barrier Navigation Center” to the table of land use regulations for the PS district, to address the Housing Element 6th Cycle Program Implementation Action 4.A and Government Code Section 65660; and,

6. Update the standards for Emergency Shelters by: 1) increasing the maximum number of clients/beds nightly from seven (7) to twenty (20); 2) modifying the location criteria to remove the distance requirements from an emergency shelter use to the Orinda BART Station, Highway 24, and general day care uses, while adding a minimum of 300’ of separation from another emergency shelter use; and 3) modifying the parking requirements so that no parking minimum is required for new shelters within one-half mile of the Orinda BART Station and add that off-street parking be based upon demonstrated need, provided the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone; to address the Housing Element 6th Cycle Program Implementation Action 4.A and Government Code section 65583.

The City Council waived a full reading and introduced Ordinance 25-02 with no modifications.

DISCUSSION:

Ordinance 25-02 is on this agenda for the second reading and consideration of adoption (Attachment A).

The Staff Report and agenda item materials from the May 6, 2025, City Council Meeting are attached by weblink (Attachment B) to provide an overview of the proposed Ordinance 25-02.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Proposed Ordinance 25-02 Zoning Text Amendments
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B. Weblink: May 6, 2025 City Council Staff Report and Meeting Materials [weblink] Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Celina Palmer, Associate Planner
Approved by:

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of: Ordinance 25-02
An Ordinance Updating Orinda Municipal
Code §17.2.3 (Definitions), Schedule 17.3.3
(RVL, RL and RM Districts – Land Use
Regulations), §17.3.4 (Accessory Dwelling
Units (ADUs)), §17.4.33 (Senior Housing
Overlay District (SH-Overlay) development
standards), Schedule 17.9.2 (PS District –
Land Use Regulations), and §17.9.4
(Additional development regulations for
emergency shelters).

The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to amend the following provisions of the City’s Zoning Code: §17.2.3 (Definitions), Schedule 17.3.3 (RVL, RL and RM Districts – Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District – Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters).

SECTION 2.

The following portions of the Zoning Code are amended as specified below and in Attachment A. Attachment A shows additions with double-underlined text and deletions with strike-out text.

Municipal Code Provision Action
1 §17.2.3 Text amended as shown in Attachment A.
2 Schedule 17.3.3 Text amended as shown in Attachment A. 3 §17.3.4 Text amended as shown in Attachment A.
4 §17.4.33 Text amended as shown in Attachment A.
5 Schedule 17.9.2 Text amended as shown in Attachment A. 6 §17.9.4 Text amended as shown in Attachment A.

SECTION 3 – PURPOSE AND INTENT.

A. These amendments are intended to bring Orinda’s regulation of the above sections in conformance with state law and to implement the City’s certified Housing Element.

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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

B. Changes to §17.2.3 include general updates to Definitions.

C. Changes to Schedule 17.3.3 include adding the uses “Residential Care Facility”, “Transitional and Supportive Housing”, and “Employee/Farmworker Housing” to the table of land use regulations for the RVL, RL and RM districts, and allowing large and small daycare by right.

D. Changes to §17.3.4 are intended to bring Orinda’s regulation of accessory dwelling units in conformance with state law (Government Code sections 66314 and 66333).

E. Changes to §17.4.33 include modifications to the sections regarding Story Limits and Building Height Limits.

F. Changes to § 17.9.2 Schedule and § 17.9.4 include modifying parking requirements, increasing the number of clients allowed per night, and allowing low barrier navigation centers.

SECTION 4.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 5.

This ordinance is consistent with the Orinda General Plan.

SECTION 6.

The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to numerous CEQA Guidelines (Title 14 of the California Code of Regulations) including section 15060(c)(1) (activity does not involve the exercise of discretionary powers), section 15060(c)(2) (activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), section 15060(c)(3) (activity is not a project as defined in Section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly), section 15061(b)(3) (it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment), section 15378 (action is general policy making as required by state law), section 15268 (ministerial projects), section 15303 (new construction or conversion of small structures), and section 15305 (minor alterations in land use limitations).

SECTION 7.

This ordinance becomes effective thirty (30) days after adoption.

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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

SECTION 8.

The City Clerk shall either (a) have this ordinance published once within fifteen (15) days after adoption in a newspaper of general circulation, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five (5) days before its adoption and again within fifteen (15) days after adoption.

Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on _____ and was adopted and ordered published at a regular meeting held on _____ by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

ATTACHMENT A

1. Definitions
Municipal Code section 17.2.3 is amended as follows:

As used in this title, the following terms are defined in this section:
"Abutting or adjoining" means having district boundaries or lot lines in common. "Accepted arboricultural practice" is a practice recommended in current generally accepted textbooks and professional journals on arboriculture and tree care including but not limited to pruning standards published by the International Society of Arboriculture. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking (see definition of kitchen), and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Health and Safety Code § 17958.1.

2. A manufactured home, as defined in Health and Safety Code § 18007.

This definition is intended to match that in California Government Code Section 65852.2(j)(1).
"Accessory structure" means a structure that is incidental to the principal permitted or conditionally permitted structure or use on a site and customarily found on the same site.

An accessory structure includes, as regulated by the respective zone of the property, a garage, storage shed, greenhouse, and accessory dwelling units. Small storage buildings and shelters shall be seen as accessory structures, regardless of structural definitions used to determine UBC compliance. Accessory structure does not include fences, decks, and landscape structures.
"Accessory use" means a use that is incidental to and compatible with the primary use and which does not significantly increase the intensity or level of activity to the principal permitted or conditionally permitted use on a site and customarily provided with the use.

The use must also be compatible with the primary use of the site and the character of the surrounding area. This classification may include home occupation, surface parking for resident's, customer's or employee's automobiles, recreational activity, and administrative or office support function and facility.

Acre, Gross. "Gross acre" means the area of a lot or site, including easements and rightof-way to be dedicated, but excluding existing public rights-of-way.

Acre, Net. "Net acre" means the area of a lot or site remaining after dedication of all required easements for vehicles and rights-of-way, either public or private.

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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

"Adult businesses" means a business based primarily upon materials or performances that depict, describe, or relate to "specified sexual activities" or "specified anatomical areas," as defined in Subsection 17.8.5.H.1.
"Aisle" means a paved area on a lot between a driveway and a parking space necessary to provide access for vehicles.
"Alley" means a public or private right-of-way permanently reserved for secondary access to the rear or side of properties otherwise abutting on a street. It does not include a private right-of-way which provides vehicular access to three or fewer lots. "Alter" means to make a physical change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams or girders. "Ambulance services" means nonpublic emergency and nonemergency medical care and transportation, including incidental storage and maintenance of vehicles. "Ancillary retail use" means an additional retail use in the same commercial premises as the primary retail use.

Animal, Domestic. "Domestic animal" means a small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chickens, ducks, goose, fowl, hogs or the like.

Animal, Exotic. "Exotic animal" means a wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.

Animal, Large. "Large animal" means an adult animal, other than a domestic animal, typically larger than three and one-half feet in height or two hundred fifty (250) pounds.

This term includes horses, cows, and any other mammals customarily kept in a pen, corral or stable, such as hogs.
"Animal husbandry" means raising of animals and production of animal products, such as eggs or dairy products, on an agricultural or commercial basis, excluding slaughterhouse, meat processing and secondary food production. Typical uses include grazing, ranching, dairy farming, beekeeping, poultry farming and livestock auction. Facilities include barn, silo, paddock, stable, pen and apiary. This use is separate from the accessory use of keeping large animals on residential lots.

Animal Sales and Services. The following six definitions apply:

1. "Animal boarding" means shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

2. "Animal grooming" means bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight (48) hours.

3. "Animal hospital" means an establishment where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary boarding of animals is included if incidental to the hospital use.

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4. Animals: Retail Sales. "Retail sales of animals" means retail sales of small animals which takes place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.

5. "Animal show" means an exhibition of domestic or large animals for a maximum of seven days.

6. Animal, Small. "Small animal" means an animal typically no larger than three and one-half feet in height or two hundred fifty (250) pounds. This term includes fish, birds, goats and chickens, and any mammal customarily kept as a domestic pet within a dwelling unit.
"Antenna" means any electrical conductor or array of conductors used for the purpose of receiving and/or transmitting electromagnetic energy in support of communication related or other activities, which is erected and maintained in a fixed location.

Antenna, Amateur Radio. "Amateur radio antenna" means any antenna which is used in conjunction with an amateur radio station licensed by the Federal Communications Commission, including, but not limited to booms, spreaders, radiator elements, director elements or reflector elements constructed of metal tubing or similarly visible material.

Antenna, Commercial. "Commercial antenna" means any antenna and related support structure intended for the purpose of sending and/or receiving signals in support of a commercial venture, including, but not limited to public utilities, cellular telephone communications, privately owned or publicly supported AM or FM radio stations, cable television operations or television broadcast stations and business information and communication systems.

Antenna, Complex Wire. "Complex wire antenna" means two or more wires which may be configured into a complex array and which may include self-supporting members, such as a quad, delta, rhombic, curtain or similar antenna.
"Antenna height" means the vertical measurement from natural grade, or, if mounted on a structure, from a point directly below the antenna structure if it were extended to natural grade at the point nearest the structure, to the topmost portion of the mast, antenna support structure or antenna, whichever is highest.

Antenna, Home Television. "Home television antenna" means an antenna, other than a satellite antenna, intended for reception of television signals.

Antenna, Mast. "Mast antenna" means a pole of wood or metal, or a tower fabricated of metal, or other material capable of, and used to support an antenna and maintain it at the proper elevation.

Antenna, Satellite. "Satellite antenna" means a parabolic, concave or similarly configured element which may be circular in shape, or may be composed of segments of a circle, which, together with such supporting components as the feedhorn and receiving elements, permits a reasonably unobstructed line of sight with geosynchronous or orbiting satellites, microwave relay antennas or similar antennas, from or to which the satellite antenna receives and/or transmits television signals or electromagnetic waves.

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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

Antenna, Simple Wire. "Simple wire antenna" means a single wire, solid or stranded, oneeighth inch or less in diameter, which is nonrigid and is not self-supporting.

Antenna Structure. The term "antenna structure" refers collectively to an antenna and its supporting guy wires, mast or tower, if any.
"Antenna support structure" means all the components of the structure used to support an antenna or array of antennas, exclusive of the principal and accessory structures on the parcel and the antenna(s).

Antenna, Whip. The term "whip antenna" means a vertically mounted antenna consisting of a single, slender, rod-like element, which is supported only at or near its base. "Apartment" means a multifamily dwelling consisting of two or more dwelling units under single ownership that are offered for rent or lease. This definition excludes any singlefamily dwelling that contains, is attached to, or is on the same lot as an accessory dwelling unit.
"Arbitrator" means a neutral person who conducts a process similar to a trial, and who hears testimony, considers evidence, and makes a binding decision for the disputing parties.
"Arts and crafts shows, indoors and outdoors" means display and sale of painting, sculpture, crafts and similar objects.
"Artist studio" means work space for artists and artisans, including an individual practicing one of the fine arts, or skilled in an applied art or craft. "Attic" is that part of a building immediately below and wholly or partly within the roof framing.
"Automobile" means a self-propelled, motorized vehicle used, or intended to be used, for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks. This definition includes a motorcycle, light truck or van with a capacity rating not exceeding one ton. "Balcony" means a platform that projects from a wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. "Bank and savings and loan" means a financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.

1. "With drive-through service" means an institution providing services accessible to a person who remains in an automobile.

2. "ATM" means an automatic teller machine (ATM) on the exterior of a building for direct pedestrian access. An ATM for access from within a building is exempt. "Bar" (also, "tavern") means establishment such as a cocktail lounge and bar, at which alcoholic beverages, including beer and wine, are served for on-site consumption. Any sale of food is incidental to beverage service.

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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

"Bay window" means a window which projects out from the vertical plane of an exterior wall.
"Bedroom" means a private room planned or intended for sleeping, which is separated from other rooms by a door.
"Binding arbitration" means the legal procedure set forth in Sections 1280 et seq. of the Code of Civil Procedure;
"Blockface" means the property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse or city boundary. "Breezeway" means a roofed, open-sided passageway connecting two structures, such as a house and a garage.
"Building" means a structure having a roof supported by columns or walls for the housing or enclosure of a person, animal, chattel, or property of any kind. "Business services" means establishments providing document delivery, mail receiving and boxes, graphic arts, interior decorating, drafting, blueprinting, typesetting, copying and photographic services. This classification excludes maintenance and repair and accounting, advertising architectural design, city planning, environmental analysis, insurance, investment, landscape design, law, management consulting, and real estate office.
"Carport" means a permanently roofed structure with one or more open sides for the parking or temporary storage of automobiles.
"Cemetery" means burial grounds for the interment of the dead. This does not include crematory, columbarium, mausoleum or mortuary.
"Christmas tree sale" means retail sales of Christmas trees between Thanksgiving and December 26th. Also includes seasonal sales, such as the sale of pumpkins at Halloween.
"City" means the City of Orinda.
"Club or lodge" means a meeting, recreational or social facility of a private or nonprofit organization primarily for use by members or guests, including union hall, social club and youth center.
"Collection facility" means a building, structure or facility (including a vehicle) with a gross floor area of two hundred twenty-five (225) square feet or less used for the deposit and storage of household articles or recyclables.

College, Public or Private. "Public or private college" means an institution of higher education providing curriculum of a general, religious, or professional nature and that typically grants recognized degrees.
"Commercial filming" means a facility in which motion picture, still or video photography is conducted, including film studio and processing services.

Commercial Filming, Limited. "Limited commercial filming" means commercial motion picture or video photography at the same location for a single or limited production.

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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

"Commercial marijuana land use" means any place, location, building, structure, or establishment where the sale or exchange for valuable consideration of marijuana or marijuana products, or the provision of marijuana or marijuana products by a nonprofit, or the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, or labeling of marijuana or marijuana products intended for sale or exchange for valuable consideration or provision by a nonprofit occurs. "Commercial recreation and entertainment" means a business providing participant or spectator recreation, entertainment or sports activities.

1. Within Building. This classification includes such activities as movie or live performing arts theater, sports arena, bowling alley, billiard parlor, dance, ice or roller skating rink, scale model course, tennis or racquetball court, health or fitness club and gym, martial arts, game center including pinball arcade or establishment having four or more coin-operated electronics or mechanical game machines, and dance hall or disco.

2. Outdoor Facility. This classification includes movie or live performing arts theater, sports stadium and arena, amusement park, golf or golf driving range, miniature golf or scale-model course, tennis or swim club, water slide and plunge, or batting cages.
"Commercial use" means an occupation, business or type of enterprise offering a product or service that is conducted for the purpose of profit. "Communications facility" means a broadcasting, recording, and other communication service accomplished through electronic or telephonic mechanism. This classification includes radio, television or recording studio; telephone switching center; cellular or digital telephone facility; telegraph or cable television transmitting office. "Community noise equivalent level (CNEL)" means the average noise level during a twenty-four (24) hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours. This definition includes the term "LDN" (average daynight noise level).

Complaining Party. See Section 17.22.4.
"Conditionally permitted" means a use permitted subject to approval with conditions. "Condominium" means a unit within a multifamily dwelling or an individual unit or space within a commercial building or complex, and that is under single ownership. "Congregate care residential" means a facility which provides twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.

The facility contains small individual dwelling units of usually only one (1) or two (2) rooms with a small kitchen allowing for independent living but also provides common dining, housekeeping, recreational and social facilities. Health and Safety Code Sections 1502(a)(1); 1597.43. Small kitchens that comply with state and local standards must be included in each individual dwelling unit for this definition to apply.

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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

"Convalescent facility" means an establishment providing care on a twenty-four (24) hour basis for seven or more persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. "Convenience market" means an establishment providing retail sales of food, beverages and small convenience items. Long and late hours of operation are typical. Excluded are delicatessens and other specialty food shops having a sizeable assortment of fresh fruits, vegetables and fresh-cut meats.
"Court" means an unoccupied area open to the sky, other than a yard, on the same site as a structure and bounded on two (2) or more sides by a structure.

Coverage, Lot or Site. "Lot or site coverage" means the percentage of a site covered by a roof, soffit, trellis, that portion of an eave or overhang extending more than two and onehalf (2.5) feet from a wall, by a deck more than thirty (30) inches in height, by a swimming pool, spa or sports court (such as a tennis or basketball court) and by mechanical equipment.
"Crop production" means the raising and harvesting of orchard crops, raw crops or field crops on an agricultural or commercial basis, including primary processing and packaging, but excluding canning and secondary food production. Facilities include granary, barn, greenhouse and packing structure.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, whether for personal use or for commercial or nonprofit purposes.
"Cultural institution" means a nonprofit institution displaying or preserving objects of interest in the arts or sciences. This classification includes library, museum and art gallery.

Day Care, General. "General day care" means providing nonmedical care for fifteen (15) or more persons on a less than twenty-four (24) hour basis. This classification includes nursery school, preschool and day care center for children or adults.

Day Care, Small Family. "Small family day care" means nonmedical care and supervision of eight or fewer children on a less than twenty-four (24) hour basis. This classification includes a nursery school, preschool and day care center for children. Health and Safety Code Section 15977.44.

Day Care, Large Family. "Large family day care" means nonmedical care and supervision of fourteen (14) or fewer children on a less than twenty-four (24) hour basis. This classification includes a nursery school, preschool and day care center for children.

Health and Safety Code Section 1597.465.
"dBA" means a number in decibels read from a sound level meter with the meter switched to the weighted scale "A."
"Deck" means a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also: "Balcony").

Deck, Elevated. See Section 17.35.2.
"Demolition" means to destroy or tear down all or part of a building or other structure.

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Attachment: Proposed Ordinance 25-02 Zoning Text Amendments (3617 : Zoning Text Amendments (ADUs+))

"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 dripline or protected perimeter of a tree.
"Development" means any activity involving or related to the placement of any structure, grading, change in the density or intensity of land use from that which is legally existing, including subdivision of land or air space, or demolition, repair or alteration of a structure or facility.
"Development project" is a project requiring a building or grading permit. "Diameter" means the distance across the tree from outside bark to outside bark measured at four and one-half (4.5) feet above the natural grade of the tree. "Director" means the Planning Director or his or her designated representative. "Distribution line" means an electric power line bringing power from a distribution substation to a consumer.
"District" means a portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this title. "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.
"Driveway" means a paved or unpaved area or private right-of-way necessary or used to provide direct access for vehicles between a street and either:

1. An area providing vehicular access to three or fewer lots or on a residential lot containing required parking spaces;

2. An aisle between spaces in a parking lot;

3. A loading berth; or

4. A refuse storage area.

A driveway shall not be considered for yard setback purposes. "Dwelling" means a building designed exclusively for residential occupancy, including single-family and multifamily uses.
"Dwelling, Multifamily." "Multifamily dwelling" means a building on one lot used and designed as a dwelling for two or more families living independently of each other with an individual kitchen for each. This definition includes, without limitation, apartments, residential condominiums and townhomes. This definition excludes any single-family dwelling that contains or is attached to an accessory dwelling unit. "Dwelling, Single-Family." "Single-family dwelling" means a building on one lot designed exclusively for occupancy by one family, even if the building or lot also contains an accessory dwelling unit.

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"Dwelling unit" means one or more habitable rooms designed for occupancy by only one family for living and sleeping purposes, and having a kitchen for fully self-contained living purposes.
"Emergency shelter" shall be defined as in State law (see Health and Safety Code Section 50801, Government Code Section 65582) to mean "housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
"Employee/Farmworker Housing" means a housing accommodation developed for and/or provided to farmworkers.

Entertainment, Live. "Live entertainment" means any of the following activities on the site of a use other than a public or semi-public use:

1. A comedy act, musical, theatrical or dance recital or similar entertainment performed by one or more persons, regardless of whether performers are compensated;

2. Any form of dancing by patrons or guests at a business establishment;

3. A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing.
"Environmental preservation zone" includes that geographical area of the city shown on the North Orinda Specific Plan Map adopted November 21, 1978, and designated as "environmental preservation." A copy of the map is on file in the Orinda Planning Department.
"Exception" means a deviance from the standards and requirements of this title which is authorized in Title 17 and permitted under Chapter 17.32. "Family" means one or more persons occupying a dwelling unit and living as a single housekeeping unit.
"Farmers' market" means retail sales of produce and other food items conducted by a sponsor.
"Fence" means a barrier made of wire, wood, metal, masonry or other material used as a screen or enclosure for a yard or open space. It includes a wall, gate or structure used as a fence. A retaining wall or freestanding sign is not considered a fence.

Front Yard. See Yard, Front.
"Fully enclosed and secure structure" shall mean a fully enclosed space within a building that complies with Title 15 of this Code, or if not subject to that Title, that has a complete roof and a foundation, slab or equivalent base to which the floor is secured and that is secure against unauthorized entry and accessible only through one or more lockable doors. Walls, doors, windows, and roofs must be constructed of solid and firm material such as wood, metal, or, in the case of windows, glass. Plastic sheeting or similar products do not satisfy this requirement.

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"Game center" means a business where the primary use is the playing of electronic or mechanical games, or where the game use is ancillary, and more than three game machines are proposed.

Garage, Private. "Private garage" means a detached accessory structure or portion of a principal structure on the same lot as the dwelling for the parking or temporary storage of an automobile belonging to the occupant of the dwelling. "Garage sale" means the sale of tangible personal property at a residential site. "General plan" means the City of Orinda General Plan with amendments. "Government office" means an administrative, clerical or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Grade, Existing. "Existing grade" means the surface of the ground at any point on the perimeter of an existing or a proposed structure as the grade exists (without alteration) prior to application for required approvals.

Grade, Street. "Street grade" means the top of the curb or the top of the edge of the pavement or traveled way where no curb exists.
"Grading" means any activity related to the cutting, filling, compaction or other movement of earth, including storage of moved earth materials, on a property as regulated by this title.
"Hearing official" means the City Council, the Planning Commission, or the Zoning Administrator, as the case may be.
"Hedge" means a barrier formed by bushes, shrubs or trees growing close together in a line so as to be used as a screen or enclosure for a yard or open space.

Height. See Section 17.4.19.

Height, Aggregate. See Section 17.4.20.

Heritage Tree. See Section 17.24.2.
"Home occupation" means a commercial enterprise conducted in a dwelling unit or accessory building in a residential district that is incidental to the principal residential use. "Hospital" means a state-licensed facility providing medical, surgical, psychiatric or emergency medical services to sick or injured persons, primarily on an inpatient basis.

This classification includes incidental facilities for out-patient treatment, as well as training, research and administrative services for patients and employees.

Horticulture, Limited. "Limited horticulture" means cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs on a wholesale basis with incidental retail sales and where no other garden, nursery or landscape merchandise is sold or stored on the site.

Illumination, Direct. "Direct illumination" means illumination by means of light that travels directly from its source to the viewer's eye.

Illumination, Indirect. "Indirect illumination" means illumination by means of light cast or reflected upon an opaque surface from a concealed source.

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"Junior accessory dwelling unit" means a residential unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. This definition is intended to match that in California Government Code Section 65852.22(h)(1).
"Kitchen" means any room or part of a room within a building which is designed, built, used or intended to be used for storage and food preparation and dishwashing in conjunction with the establishment or use of a dwelling unit; but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen. Food preparation facilities shall include 220 volt electrical or natural or propane gas service, unless otherwise specified by this Code.

Laboratory, Limited. "Limited laboratory" means an establishment providing medical or dental laboratory services or establishment with less than two thousand (2,000) square feet providing photographic, analytical, or testing service. "Landscape" means to plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, art work, screens, walls, fences or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described in this section. "Landscape structure" means a decorative structure typically associated with landscaping that is located outside of and separate from a building. Landscape structure includes, but is not limited to, a trellis, arbor, fountain, artwork/sculpture, or similar structures.

Landscape structure does not include fences and accessory structures.

Landscaping, Interior. "Interior landscaping" means landscaped area or areas within the shortest circular line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

Landscaping, Perimeter. "Perimeter landscaping" means landscaped area adjoining and outside the shortest circular line defining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas). "Liquor store" means an establishment engaged in the sale of alcoholic beverages for offsite consumption and incidental sale of general merchandise. This classification includes wine tasting rooms as an incidental use to wine sales. The sale of nonalcoholic beverages and food items is incidental to a liquor store.
"Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a private garage or any accessory structure. "Lot" means a site or parcel of land under single ownership that has been legally subdivided, resubdivided or merged. The term for the purpose of application of this title also includes "parcel" and "site."
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Lot Area, Net. "Net lot area" means the horizontal area within the property lines excluding streets, alleys, vehicular easements and areas to be included in future street rights-ofway as established by easement, dedication or ordinance.

Lot, Corner. "Corner lot" means a site bounded by two or more adjacent street lines that have an angle of intersection of not more that one hundred thirty-five (135) degrees. "Lot depth" means the horizontal distance measured at right angles from the midpoint of the front lot line to the rear lot line. Where the configuration of a lot prevents measurement of the lot depth pursuant to this requirement, the lot depth shall by the longest possible straight-line distance measured at a right angle from a point on the front lot line to the point furthest back on the lot.

Lot, Double-Frontage. "Double-frontage lot" means an interior lot fronting on more than one street. Each frontage from which access is permitted is considered a front lot line for development purposes.

Lot, Flag. "Flag lot" means a lot shaped so that the lot body (the widest part of the lot) does not have street frontage but is connected to the street by a lot stem. For this purpose, a "lot stem" is a strip of land: (1) which is contiguous with the body of a lot, (2) the width of which is less than both the required lot width and the average width of the lot, and (3) which usually provides access to the body of the lot. Typically, required setbacks render the area of a lot stem unbuildable.

Lot Front Width. See Section 17.4.9.
"Lot line" means the line bounding a lot.
"Lot line adjustment" means the adjustment of a lot line between two or more existing adjacent parcels where the land taken from one parcel is added to the adjacent parcel and where a greater number of parcels than originally existed is not created, consistent with the state Subdivision Map Act.

Lot Line, Front. "Front lot line" means a lot line located at the front of a lot, typically along the edge of a street or street right-of-way.

Lot Line, Interior. "Interior lot line" means a lot line not abutting a street.

Lot Line, Rear. "Rear lot line" means a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line and located to the rear of the lot, furthest from the front lot line.

Lot Line, Side. "Side lot line" means any lot line that is not a front lot line or a rear lot line.

Lot, Nonconforming. "Nonconforming lot" means a lot which was lawfully subdivided or established, but which does not conform with the regulations for the district in which the lot is located by reason of adoption or amendment of this title or previous regulations or by reason of annexation of territory to the city.
“Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

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"Lower-income household" means a person or family, whose income does not exceed the qualifying limits for lower income families as established pursuant to Section 8 of the United States Housing Act of 1937 and as described in California Health and Safety Code Section 50079.5.
"Low (very), low or moderate income household" means a person or family whose income does not exceed the limits of the area income, by classification, as described in California Health and Safety Code Section 50093.
"Maintenance and repair service" means an establishment providing on-site repair and incidental sales of supplies for appliances, office machines, home electronic equipment and computers, bicycles, tools, or garden equipment within an enclosed building. This classification includes furniture refinishing and repair, or building maintenance services, but excludes maintenance and repair of vehicles (see "Vehicle/equipment sales and services"), boats or ships, or industrial equipment.
"Maintenance or service facility" means a facility for use by public entities and utilities providing storage areas and maintenance and repair services for vehicles and equipment.

This classification includes corporation yards, equipment service centers and similar facilities.
"Manufactured home" means a prefabricated or factory-built structure certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 that is attached to a permanent foundation and is used as a dwelling unit. This definition is intended to include mobile homes and modular homes which meet material standards for manufactured homes.
"Marijuana" means all parts of the plant Cannabis sativa L., Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include: (i) industrial hemp, or (ii) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination As defined, marijuana includes cannabis and both medical and nonmedical marijuana/cannabis. Medical includes "medicinal."
"Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
"Mediator" means a neutral, objective third person who assists people in finding a mutually satisfactory solution to a problem.
"Multifamily residential" means the multifamily residential zone characterized by two or more dwelling units on a lot. This classification includes mobile homes and manufactured housing; it excludes accessory dwelling units in all residential districts which comply with the requirements of Title 17.
"Municipal Code" means the Municipal Code of the City of Orinda.

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"Neighborhood" means the area measured by homes within a three hundred (300) foot radius of any point on the property line of the lot on which the subject property is located. "Net Parcel Area." See Section 17.6.7.
"Nonconforming structure or building" means a structure or building or part of a structure that conformed with regulations in place at the time of construction and was built with required permits but due to changes in the regulations does not conform to current requirements.
"Nonconforming use" means a use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations, required conditions or other use requirements of this title for the district in which it is located, including density and parking regulations, by reason of adoption or amendment of this title or previous regulations or by reason of annexation of territory to the city.

Office, Business and Professional. "Business and professional office" means an establishment engaged in the provision of executive, management, administrative, consulting or professional services, such as architectural and interior design, city planning, environmental analysis, landscape architecture, engineering, real estate (as may be further limited by the specific zoning district), insurance, investment, legal, secretarial, accounting, computer programming and data processing, desktop publishing, psychology, advertising and public relations, title insurance, bail bonds, medical or dental offices (including acupuncturists, homeopaths and chiropractors), prescription pharmacy (if included within a medical office), entertainment (including ticket agencies), building and construction offices (excluding contractor yards), sales representatives, collection, or personnel agency.
"Off-street loading facility" means that portion of a site or structure devoted to the loading or unloading of a motor vehicle or trailer, including a loading berth, aisle or access drive. "Off-street parking facility" means that portion of a site devoted to the off-street parking of a motor vehicle, including a parking space, aisle or driveway ramp.

Open Space, Common. "Common open space" means an open area within a residential development reserved for the use of the residents of the development and guests, and, if provided for through the conditions of approval of the development, the general public.

Open Space, Private. "Private open space" means an open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of the resident of the dwelling unit and guest.
"Outdoor living area" means an area on the exterior of the second unit that is designed for human habitation, including but not limited to, a patio, a barbecue pit, an outdoor dining table, a hammock, a lounge chair, a bench, a spa or a deck. "Outdoor marijuana cultivation" shall mean the cultivation of marijuana in any location within the City of Orinda that is not inside a dwelling or inside a fully enclosed and secure accessory structure.
"Owner-occupant" means a person who has an ownership interest in the property and also occupies the property as a primary residence.

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"Parcel" means a recorded property under single ownership. "Park or recreation facility" means a park, a playground, a recreation facility (other than commercial recreational uses) and open space, public or private. "Parking Lot." (See: "Off-street parking facility").

Parking Space, Automobile. "Automobile parking space" means a space within a building or open off-street parking facility for the parking of an automobile exclusive of driveway, aisle, ramp, columns or office and work area.

Parking Space, Covered. "Covered parking space" means a carport or garage or, in multifamily residential development, spaces covered by a roof or building but not necessarily enclosed.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of an accessory dwelling unit. "Permitted" means a use or improvement for which discretionary review and approval from the City Council, Planning Commission, or the Zoning Administrator is not required by this code.
"Personal development services" means the provision of instructional services or facilities, including photography, fine arts, crafts, music studio, driving school and diet center.
"Personal property sale" means the sale of personal property on a noncommercial basis.

This use includes garage and estate sales.
"Personal services" means provision of services and incidental sales of a personal nature.

This classification includes barber and beauty shop, watch and jewelry repair, engraver, picture framing, seamstress, tailor, shoe repair shop, dry cleaner, locksmith, film developing, telegraph and fax services, mail receiving and boxes, delivery services and self-service laundry.
"Philanthropic event" means sale of tickets, fundraising and use of public or private facilities for nonprofit organization or to benefit charitable cause, including use of residential, commercial or office space.
"Porch" means a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open gallery or room, which is not heated or cooled, that is attached to the outside of a building.
"Pre-existing View" or "Sunlight." See Section 17.22.4. "Prezoning" means the zoning district classification as prescribed by this title that has been designated for a site before annexation to the city. "Primary living area" means the portion of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living area is made on a case-by-case basis. "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.

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"Project" means any development proposal for new or changed use, or for new construction, alteration, repair or enlargement of a structure that is regulated by this title (see: "Development").
"Property Line." (see: "Lot line").
"Property owner" means a person holding complete or partial ownership of a lot, parcel or site regulated by this title.
"Protected perimeter" means the area around the tree within the dripline plus a ten-footwide strip of ground surrounding the dripline. "Protected tree" means a tree which has been so designated in accordance with Chapter

17.21 of the Orinda Municipal Code.
"Pruning" means the selective removal of tree branches. "Public parking facility" means a publicly-owned, off-street parking facility, including surface parking or parking structure, for the temporary parking of automobiles by the general public.
"Public safety facility" means a facility for public safety and emergency services, including police and fire protection and emergency ambulance service. "Public transit terminal" means a public or publicly regulated facility for passenger transit service and operations. This includes a rapid transit station, bus terminal, and park-andride lot. "Real property sale" means a sale, leasing or rental of lots or structures. This includes the on-site sale of subdivision lots or structures.
"Rear Yard." See Yard, Rear.
"Recreational vehicle" means a vehicle, other than an automobile, which is self-propelled, motorized and has self-contained living quarters, including a kitchen, bathroom and sleeping areas, and may be used for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks.

This definition also includes motor homes and travel trailers. "Religious assembly" means a facility for religious worship and incidental religious activities and education, but not including private school. "Removal" means the elimination of a tree from its present location. "Renovation" means reconstruction of an existing primary residence involving no change in the existing footprint, height, floor area, and volume of the primary residence, except for de minimis changes. Whether a project is a renovation will be determined by proof made according to Planning Department requirements.
"Research and development services" means an establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm, computer software development and pharmaceutical research laboratory, but excludes manufacturing or medical testing and analysis. "Resident" means a person who occupies a dwelling as a home on a permanent basis, and has no other permanent place of residence.

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"Residential Care, Limited" or "Limited residential care" means twenty-four (24) hour nonmedical care for eight or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living which are licensed by the state of California. Health and Safety Code Sections 1568.0831, 1569.85, and 11834.23.
“Residential Care Facility” means a facility, which demonstrates compliance with state law and a license to operate the facility, which is maintained and operated to provide twenty-four (24) hour nonmedical care for persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
"Restaurant" means an establishment where consumers dine while seated at a table, booth or counter, either inside or outside the building. "Restaurant, Take-Out" or "Take-out restaurant" means a take-out restaurant provides prepared food primarily for consumption off the premises. Typical characteristics of a take-out restaurant include, but are not limited to, the purchase of food at a walk-up window or counter, payment for food prior to consumption and the packaging of food in disposable containers. A restaurant shall not be considered a take-out restaurant solely on the basis of incidental or occasional take-out sales. "Restorative action" means a specific requirement to resolve a tree dispute. "Retail sales" means the sale of tangible goods to the ultimate consumer. "Ridgeline." See Subsection 17.5.2.B.
"Ridgeline Lot." See Subsection 17.5.2.C.
"Riparian vegetation" means vegetation associated with any watercourse which requires or tolerates moisture in excess of that available in adjacent uplands. "Rummage sale" means the sale of secondhand property including reclaimed or salvaged goods by a charitable, religious or nonprofit organization. "Scenic corridor" is that area of land on and adjacent to streets and SR 24 which have been designated within the general plan as scenic corridors. "School, Commercial" or "Commercial school" means an establishment engaged in the teaching of technical or vocational skills, including barber and beauty colleges, real estate, modeling, computer programming, and secretarial school. "School, Public or Private" or "Public or private school" means an education institution, attendance at which satisfies the compulsory education laws of the State of California. "Senior citizen" means a person fifty-five (55) years of age or older. This definition includes the term "qualifying resident" described in California Civil Code Section 51.3. "Senior Housing Facilities" are housing facilities that qualify as "housing for older persons" ("HOP") under the Federal Fair Housing Act, 42. U.S.C. § 3607(b), and as "housing for senior citizens" ("HSC") under the Unruh Civil Rights Act, Civil Code Sections 51.2 and

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"Service station" means an establishment primarily engaged in the retail sale of gasoline and motor fuel, auto parts and supplies, and incidental auto repair. "Setback" means the required minimum distance from any point on a property line to the nearest point on the nearest structure.
"Shopping center" means a complex consisting of buildings containing not less than four independently operated stores or shops developed under one comprehensive plan where the ground-floor stores have access directly to a sidewalk or parking lot, and where all stores are served by a common parking lot. The recording of a condominium subdivision map does not affect the status of a shopping center.
"Short-term rental" means a dwelling that is leased or rented in full or in part for the purpose of overnight lodging for less than thirty (30) consecutive day terms. Short-term rentals are not considered home occupations (as defined in Section 17.3.7). "Side Yard." See Yard, Side.
"Single-family residential" means a building containing one dwelling unit located on a single lot. This classification includes a mobile home and manufactured housing, and lots containing a single-family dwelling and one accessory dwelling unit. "Single ownership" means holding record title, possession under a contract to purchase, or possession under a lease, by a person individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. "Site" means a lot, or group of contiguous lots or parcels that is proposed for development under this title, and is in a single ownership.
"Small Family Day Care." See Day Care, Small Family.
"Specific plan" means a plan for a defined area authorized by state law that is consistent with the general plan.
"Specified anatomical areas" means human genitals (pubic region), buttocks or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernible turgid state, even if completely and opaquely covered.
"Specified sexual activities" means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts.
"Sports court" means an unenclosed facility with fencing above six feet in height. "Square footage" means the measure of area for the purposes of identifying permitted square footage, lot area or similar measurement as referenced in this title. "Storage, Outdoor" or "Outdoor storage" means storage or placement of equipment, merchandise or products not otherwise permitted outside of a building. "Street" means a public or private thoroughfare, including a right-of-way easement which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and other thoroughfare, except an alley or driveway.

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"Street fair" means the provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring use of roofed structures. "Street line" means the boundary between a street and property. "Street Line, Future" or "Future street line" means an established line from which the minimum front or street side yard is measured. If no specific future street is established, the future street line is the adjacent existing right-of-way of an abutting public or private street, roadway or easement. A future street line is established to provide for future street widening or construction, delineating the area open, or to be open, to public use. "Structure" means anything constructed or erected that requires a location on the ground, including a building or a swimming pool and installation of ground-mounted equipment. "Structural alteration" means any change in the supporting members of a structure or building, such as bearing wall, column, beam or girder. "Structure Principal" or "Principal structure" means a structure on a site which contains (or is proposed concurrently for development with) the primary use or uses permitted in or intended for a zone. This includes a single-family dwelling within a single-family residential zone.
"Stump growth" means new growth from the remaining portion of the tree trunk, the main portion of which has been cut off.
"Subdivision" means a site divided and recorded for the purpose of sale, lease or financing of individual lots or parcels, as regulated by the state Subdivision Map Act and City ordinance.
"Substantially screened from view" means screened from a street or other property by a fence or landscaping so that a vehicle is not visible or is barely visible. "Substation" means a subsidiary electrical transmitting facility in which electric current is transferred from power lines and distributed to local consumers. "Supportive housing" shall be defined as in State law (see Health and Safety Code Section 50675.14, Government Code Section 65582) to mean "housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or offsite services that assist the supportive housing resident in retaining the housing, improving his or her their health status, and maximizing his or her their ability to live and, when possible, work in the community." Within this definition, the phrase "target population" includes "persons with disabilities", "families who are homeless", and "homeless youth", all as defined by State law.
"Swimming pool, spa and hot tub" means a water-filled enclosure having a depth of eighteen (18) inches or more typically used for swimming or recreation. "Tavern." See "Bar."
"Temporary use" means an occasional use or event of very limited duration. "Thinning" means the selective removal of entire branches from a tree to improve visibility through the tree or improve the tree's structural condition. "Topping" means elimination of the upper portion of a tree's trunk or main leader.

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"Trade fair" means the display and sale of goods or equipment related to a specific trade or industry for a maximum period of ten days.
"Transitional housing" shall be defined as in State law (see Health and Safety Code Section 50675.2, Government Code Section 65582) to mean "buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of assistance.
"Transmission line" means an electric power line bringing power to a receiving or distribution substation.
"Travel service" means establishments providing travel information and reservation to individuals and businesses. This classification excludes automobile rentals. "Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or a structure is or may be occupied or maintained.
"Use, Accessory" or "Accessory use" means a use that is appropriate, subordinate and customarily incidental to the primary use (use permitted in or intended for a zone) of the site and which is located on the same site as the primary use. "Utility, Major" or "Major utility" means a power substation, refuse collection and recycling facility (but not including a hazardous waste facility), water reservoir, water or wastewater treatment plant, or similar facility of a public agency or public utility, but not including any city facility. Also includes above ground distribution or transmission lines including service for telephone or cable television. A utility structure that may have a significant effect on surrounding uses is regulated under this classification. "Utility, Minor" or "Minor utility" means a public utility that is necessary to support legally established uses and involves only minor facilities or structures such as a drainage channel, aqueduct, small sewer or water pump station or substation (of less than two hundred (200) gross square feet, with adequate noise attenuation) or underground water, sewer, drainage, gas, electricity, telephone or related utility lines. "Variance" means a deviance from the standards and requirements of this title which is granted under Chapter 17.33.
"Vehicle/equipment sales and services" includes the following:

1. "Automobile rental" means the rental of automobiles. Routine automobile maintenance is incidental to automobile rental.

2. "Automobile repair" means the limited repair and service or installation of parts for automobiles.

3. "Automobile washing" means the washing, waxing or cleaning of automobiles by mechanical or semi-mechanical devices or by employees.

4. "Commercial parking facility" means lots offering short-term or long-term parking to the public for a fee, primarily for parkers who are not tenants of, or visitors to, an establishment for which such parking is required.

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5. "Vehicle/equipment sales and rental" mean the sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, and similar equipment, including storage and incidental maintenance. An establishment engaged only in the rental of automobiles is classified under automobile rentals.
"Visible" means noticeable by a person six feet in height walking on a street or sidewalk two years after installation of any planting intended to screen a view, or as noted specifically within this title.
"Visitor accommodations" means commercial establishments offering lodging to transients.

1. "Bed and breakfast inn" means an establishment providing guest rooms for lodging on a less than weekly basis typically in a converted single-family or multifamily dwelling, with incidental eating and drinking service provided from a single kitchen for lodgers only.

2. "Hotel" means an establishment providing guest rooms for lodging, typically on a less than weekly basis, with no or minimal kitchen facilities in the guest units.

This classification may include recreational facilities, or eating, drinking and banquet service, incidental to the hotel operation.

3. "Motel" means an establishment with guest rooms or units providing no or minimal kitchen facilities, but having a separate entrance leading directly to the outside of the building and adjacent to an individual parking space. "Wall plane" means the exterior vertical surface of a structure, which is at least eight feet in height.
"Wall, Skirt." "Skirt wall" means the exterior vertical surface of a structure, located at or below the elevation line of the lowest finished floor, to the bottom of the wall (or where the wall intersects final grade).
"Windowing." See Section 17.22.4.
"Yard" means an open area other than a court, unoccupied and unobstructed by a structure or use.
"Yard, Corner Side." "Corner side yard" means a yard between the corner side (or edge of street right-of-way or pavement, whichever line may encroach furthest into a lot) lot line and the nearest line of the building and extending from the rear of the front yard to the front of the rear (interior) lot line.
"Yard, Front." "Front yard" means a yard extending across the full width of the lot between the front lot line (or edge of street right-of-way or pavement, whichever line may encroach furthest into a lot) and the required front yard setback line of the respective zone, measured parallel to the front lot line. If a future street right-of-way line is established for the street upon which the lot abuts, the measurement is taken from the future street rightof-way line adjacent to the nearest line of the building. The depth of a required front yard is measured horizontally from the front lot line toward the nearest part of a structure.

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"Yard, Rear." "Rear yard" means a yard extending across the full width of the lot (except on a corner lot) between the rear lot line and the required rear yard setback line of the respective zone, measured parallel to the rear lot line. The depth of a required rear yard is measured horizontally from the rear lot line toward the nearest part of a structure. "Yard Setback." (See "Setback.")
"Yard, Side." "Side yard" means a yard between the side lot line and the required side yard setback line of the respective zone, measured parallel to the side lot line. The depth of a required side yard is measured horizontally from the side lot line toward the nearest part of a structure.
"Zoning ordinance" means Title 17, titled "Zoning," of the Orinda Municipal Code, as amended from time to time.

2. RVL, RL and RM districts—Land use regulations
Municipal Code schedule 17.3.3 is amended as follows:

RVL, RL and RM DISTRICTS—LAND USE

REGULATIONS
P Permitted
U Use Permit Required
L Permitted, but limited by
additional regulations
T Temporary Event Permit
— Not Permitted
(Prohibited)

RVL RL RM
Residential Uses
Single-Family Residential P P -
• Accessory dwelling unit P P P
• Ancillary use not normally associated with a singlefamily home; such as garage structures for more than four cars, energy generation or similar activities, as
determined by the Zoning Administrator
U U -
• Large family day care LP LP -P
• Small family day care P P -P
• Outdoor lighting with height over seven feet excluding lights attached to residence, for sports courts, pools or similar uses as determined by the Zoning Administrator
U U -
• Elevated deck U U -
• Home occupation L L -
• Keeping of animals L L -
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Multifamily Residential - - L
Residential Care Facility (2) L L -
Residential Care, Limited P P P
Congregate Care - - U
Transitional and Supportive Housing P P P
Public and Semi-public Uses
Club or Lodge (1) - U U
Cultural Institution (1) - U U
Day Care, General U U U
Government Office - - U
Maintenance or Service Facility U U -
Park or Recreation Facility U U U
Public Safety Facility U U U
Religious Assembly (1) - U U
School, Public or Private (1) - U U
Utility, Major (1) U U U
Utility, Minor P P P
Agricultural Uses
Animal Husbandry U U -
Crop Production U - -
Employee/Farmworker Housing (3) L L -
Temporary Uses
Temporary events (Chapter 17.37) T T T
Garage Sales (maximum two per calendar year) P P P
Trailer for Construction or Real Estate Sales (new
home development)
U U U
Marijuana Uses
Commercial Marijuana Land Uses - - -
Outdoor marijuana cultivation - - -
(1) May only be considered if property has frontage on an arterial or collector street. (2) Must demonstrate compliance with state law and license to operate facility. (3) Employee and farmworker housing that serves 6 (six) or fewer persons.

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3. Accessory Dwelling Units (ADUs)
Municipal Code section 17.3.4 is amended as follows:

A. Purpose. The purpose of this section is to comply with state law regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) [California Government Code Sections 65852.2 and 65852.22 66314 and 66333]. To the extent anything in these regulations is inconsistent with state law, including as it may be amended, state law will govern and these regulations will be interpreted and applied as required by state law.

B. Streamlined ADUs. Pursuant to California Government Code Section 65852.2(e) 66323 the City shall approve ADUs and JADUs in a streamlined manner as required by state law. For example, the City shall approve the following streamlined ADUs if the specified development standards and use restrictions are met:

1. All Streamlined State Exempt ADUs and JADUs.
a. The unit is located in an RVL-E, RVL, RL-40, RL-20, RL-15, RL-12, RL-10, RL-6, PD, or RM zoning district within a residential or mixed use zone. b. The unit complies with applicable building codes, fire codes, and health and safety regulations; however, the unit is not required to provide fire sprinklers if fire sprinklers are not required for the primary dwelling. c. The unit may be rented in full or in part for the purpose of overnight lodging for terms of thirty (30) or more consecutive days, but it shall not be rented for overnight lodging for shorter terms, notwithstanding anything to the contrary in the City's short-term rental regulations (see section 17.3.12). Neither the primary dwelling nor the ADU or JADU shall be sold or otherwise conveyed separately from the other unit, except pursuant to California Government Code Section 65852.26 66341.
d. If the unit is connected to an onsite water system, a percolation test has been completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years.

2. Within Existing Space (Single-Family) - ADUs and JADUs. a. The lot on which the ADU or JADU is located contains an existing or proposed single-family dwelling.
b. Only one One (1) ADU or and one (1) JADU is are permitted per lot with a proposed or existing single-family dwelling if all of the following apply: unless one (1) JADU is permitted pursuant to this Subsection (B)(2) and one (1) ADU is permitted pursuant to Subsection (B)(3).
c. The ADU or JADU has exterior access independent from the existing residence.
d. The existing single-family dwelling or accessory structure has side and rear setbacks sufficient for fire and safety, as determined by the Moraga-Orinda Fire Protection District (MOFD). If the existing residence or structure complies F.4.a
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with the City's setback requirements as described in Chapter 17.4, it shall automatically meet this standard.
e. If an ADU or JADU is proposed, it is within the proposed space of a singlefamily dwelling, the existing space of a single-family dwelling or accessory structure, or requires an addition of no more than 150 square feet to an existing accessory structure to accommodate ingress and egress. f. If a JADU is proposed, it complies shall also comply with the requirements of California Government Code Section 65852.22 66333.

3. Detached, New Construction (Single-Family) - ADUs.
a. The lot on which the ADU is located contains an existing or proposed singlefamily dwelling. b. The lot on which the ADU is located does not contain another ADU, but may contain a JADU permitted pursuant to Subsection (B)(2). c. The ADU is detached from the single-family dwelling. d. The ADU is new construction.
e. The ADU is located at least four (4) feet from the side and rear lot lines, is no greater than eight hundred (800) adjusted square feet in floor area, and has a height of no more than sixteen (16) feet in compliance with OMC section

17.3.4.(C)(4)(c).

4. Within Existing Space (Multifamily) - ADUs.
a. The lot on which the ADU is located contains an existing multifamily dwelling. b. The ADU is located within a portion of the multifamily dwelling structure that is not used as livable space.
c. The total number of ADUs within the dwelling structure does not exceed twenty-five (25) percent of the existing number of primary dwelling units within the structure, provided that all multifamily dwelling structures shall be permitted at least one (1) ADU pursuant to this Subsection if the other standards are met.

5. Detached, New Construction (Multifamily) - ADUs.
a. The lot on which the ADU is located contains an existing or proposed multifamily dwelling.
b. The ADU is detached from the multifamily dwelling.
c. The ADU is located at least four (4) feet from the side and rear lot lines and has a height of no more than sixteen (16) feet in compliance with OMC section 17.3.4.(C)(4)(c).
d. No more than two (2) ADUs shall be permitted per lot pursuant to this Subsection. Number of ADUs.
i. On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory F.4.a
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dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
ii. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

C. All Other ADUs. Any ADU that does not meet the standards for streamlined ADUs in Subsection B shall meet the following development standards and use restrictions:

1. The ADU is located in an RVL-E, RVL, RL-40, RL-20, RL-15, RL-12, RL-10, RL6, PD, or RM zoning district within a residential or mixed use zone.

2. The lot on which the ADU is located contains an existing or proposed primary dwelling.

3. The lot on which the ADU is located does not contain another ADU or JADU.

4. The ADU meets all other applicable requirements of this code that do not involve discretionary review including, but not limited to, building height, setback, water channel setback, tree removal, ridgeline and environmental preservation overlay, payment of applicable fees, and building and fire code requirements; however:
a. Passageways. To the extent required by California Government Code Section 65852.2 66314, no passageway is required in conjunction with the construction of an ADU.
b. Setbacks.
i. No setback is required for an ADU located within existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced.
ii. For all other ADUs, the required setback from side and rear lot lines shall be no more than four (4) feet.
c. Building Heights.
i. Attached ADUs. In the area between the setbacks applicable to the primary dwelling and the setbacks applicable to the ADU, the ADU shall be limited to sixteen (16) feet in height. Otherwise, the The height limits applicable to the primary dwelling apply.
ii. Detached ADUs. All detached ADUs, except those located wholly or partially above a private garage, shall be limited to sixteen (16) feet in height.

A. Detached ADUs located wholly or partially above a private garage shall be limited to sixteen (16) feet in height in the area between the setbacks applicable to the primary dwelling and the setbacks applicable to the ADU and otherwise limited by the height limits applicable to the primary dwelling.

B. Detached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit shall be limited to sixteen (16) feet in height.

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C. Detached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall be limited to eighteen (18) feet in height. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

D. Detached ADUs on a lot with an existing or proposed multifamily, multistory dwelling shall be limited to eighteen (18) feet in height. d. Fire Sprinklers. The ADU is not required to provide fire sprinklers if fire sprinklers are not required for the primary dwelling.
e. Parking.

For ADUs with 1 or more bedrooms:
i. One (1) all-weather surface, off-street parking space measuring at least nine (9) feet by nineteen (19) feet shall be provided for the ADU. ii. The required parking space may be located as a tandem space in an existing driveway or in the required setbacks. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
iii. The above parking requirements shall not apply:

A. To an ADU that is located within one-half (0.5) mile walking distance of public transit, defined as an existing BART or public bus stop; B. To an ADU that is located within an architecturally and historically significant historic district;
C. To an ADU that is part of a proposed or existing primary dwelling unit or accessory structure;
D. When on-street parking permits are required but not offered to the occupant of the ADU; or
E. To an ADU that is located within one (1) block of the designated pickup or drop-off location of a car-share vehicle, where such vehicle is owned by a car-sharing company.

F. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code section 66322, subdivision (a)(1)-(5).
f. Skirt walls. Any skirt wall developed in conjunction with an ADU shall be less than six (6) feet in height.

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5. The ADU may be rented, but it shall not be sold or otherwise conveyed separate from the primary dwelling except pursuant to California Government Code Sections 65852.26 66340 through 66342.

6. Maximum size. The floor area limits in Section 17.6.2 of the Orinda Municipal Code shall not apply. An ADU shall meet all of the following requirements:
a. Pursuant to California Government Code Section 65852.2(c) 66321, the floor area shall not exceed eight hundred and fifty (850) adjusted square feet (studio or one bedroom) or one thousand (1,000) adjusted square feet (more than one bedroom); and
b. Compliance with any other maximum size requirements contained in any applicable development agreement or other similar, lot-specific restriction on maximum size, provided that such requirements shall not be used to reduce the ADU below eight hundred (800) adjusted square feet. c. For determining compliance with this Subsection, floor area shall be calculated pursuant to Section 17.6.3 and Section 17.6.4 of the Orinda Municipal Code.

D. Within sixty (60) days of receipt of a complete application, the Planning Director shall ministerially process for approval any application for a building permit for an ADU or JADU that meets all the criteria in this Section.

E. Combination Proposals.

1. When an ADU is proposed in conjunction with—but it can be constructed independent of—another proposal for which City approval is required under this Code (e.g., new garage, new single-family residence, substantial addition to an existing residence), the City shall follow the process as required by California Government Code Section 66320. following options apply:
a. The applicant may elect to have the City process the ADU separate from and concurrently with the other proposal(s). If the applicant makes this election, the streamlining described in this Section would apply to the ADU and the City's otherwise applicable regulations would apply to the other proposal(s). b. The applicant may elect to submit the ADU and other proposal(s) for combined review by the City. If the applicant makes this election, he or she voluntarily foregoes the regulations described in this Section and the City's otherwise applicable regulations apply.

2. When an ADU or JADU is proposed in conjunction with—and it cannot be constructed independent of—another proposal for which City approval is required under this Code (e.g., new garage, new single-family residence, substantial addition to an existing residence), the following options apply:
c. The applicant may elect to have the City process the ADU or JADU separate from the other proposal(s). If the applicant makes this election, the F.4.a
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streamlining described in this Section would apply to the ADU or JADU proposal after the applicant obtains City approval for the other proposal(s) on which ADU or JADU construction depends.
d. The applicant may elect to submit the ADU or JADU and other proposal(s) for combined review by the City. If the applicant makes this election, he or she voluntarily foregoes the regulations described in this regulation and the City's otherwise applicable regulations apply.

3. 2. No certificate of occupancy will be issued for an ADU prior to issuance of a certificate of occupancy for the primary dwelling.

F. Non-Compliant Proposals. If the above requirements are not met, the proposed ADU cannot be approved under this Section. Notwithstanding any other contrary provisions of this Code, applicants may seek a variance for an ADU in accordance with Chapter 17.33 but not an exception in accordance with Chapter 17.32.

G. Converted Parking. Notwithstanding any other provision of this code, when a private garage, carport, or covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an ADU, the spaces are not required to be replaced, as required by California Government Code Section 65852.2(a)(1)(D)(xi) 66314(d)(11).

H. Fees. No impact fees, as defined in California Government Code Section 65852.2(f)(3)(B) 66324(c)(1), shall be imposed on ADUs smaller than seven hundred and fifty (750) adjusted square feet. Impact fees for all other ADUs shall be charged proportionately in relation to the square footage of the primary dwelling unit.

I. Existing Accessory Dwelling Unit. An existing ADU may be enlarged or modified only in accordance with the requirements of state law and this Section.

J. Density. To the extent required by California Government Code Section 65852.2 66314, an ADU or JADU built in conformance with this Section does not count toward the allowed density for the lot upon which the ADU or JADU is located.

K. General Plan and Zoning Designations. ADUs and JADUs are residential uses that are consistent with the City's existing general plan and zoning designations.

L. Pursuant to Senate Bill 9 (2021), no accessory dwelling unit or junior accessory dwelling unit will be permitted by the City on a parcel that has used both the authority contained in California Government Code Sections 65852.21 and 66411.7.

No more than two dwelling units of any kind will be permitted by the City on a parcel created through the exercise of the authority contained in California Government Code Section 66411.7.

4. Senior Housing Overlay District (SH-Overlay) development standards Municipal Code section 17.4.33 is amended as follows:

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Senior Housing Facilities, as defined in section 17.2.3, in the SH-Overlay District may apply the standards of this section in lieu of the underlying multifamily district standards.

Non-age restricted development in the underlying multifamily district shall be developed in compliance with the multifamily development standards of section 17.4.32, and all other applicable development standards.

A. Allowed by right. Multifamily Senior Housing Facilities, as defined in section 17.2.3, are allowed by right in the RM district subject to the design review requirements of Chapter 17.30, the development standards of this section and other applicable city ordinances.

B. Off-Street Parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of Chapter 17.16 of this title.

C. Shared Open Space. Outdoor common area(s) of at least one hundred (100) square feet per dwelling unit shall be provided for active and passive group recreation. Each outdoor area shall have a dimension no less than eight feet and shall not include driveways, parking areas or required street fronting yards.

D. Laundry Facilities. Adequate laundry facilities shall be provided by:

1. Constructing a laundry room with the equivalent of one standard washing machine for each fifteen (15) dwelling units and an equivalent capacity in automatic clothes dryers; or

2. Provide properly designed and plumbed areas within each dwelling unit for washing and drying clothes.

E. Lighting and Security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of senior housing development. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site.

F. Landscaping. All development shall include landscape plans as required in Chapter

17.17 of this title. In addition, landscaping shall provide substantial landscape screening from off-site vantage points and, as appropriate, side and rear yard landscaping. Landscaping shall blend with the design of the development and enhance the visual quality of the streetscape, and to help achieve design consistency with the character of the neighborhood.

G. Permitted Density. Multifamily senior housing in the RM district shall be developed at no more than thirty-eight (38) units per acre.

H. Story Limit. The maximum number of stories shall be as required by the most restrictive of the closest adjoining residential or downtown district base regulations or as established by the Planning Commission by conditions imposed at the time of review for approvals required by this title.

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I. Building Height Limit. The maximum building height shall be as required by the most restrictive of the closest adjoining residential or downtown district base regulations or as established by the Planning Commission by conditions imposed at the time of review for approvals required by this title.

J. Building Setbacks. Buildings shall be set back twenty (20) feet from the face of curb on all street-fronting property lines, but in no case less than 10 feet from the property line and a ten-foot setback shall be provided from all other property lines.

K. Building Plane Line. Except as provided in subparagraph 12, no portion of a building shall project beyond the building plane line. The building plane line for facades with street frontage is a plumb line drawn twenty-seven (27) feet high at the setback line then inward on the lot at a forty-five (45) degree angle to the maximum building height.

At interior property lines the building plane line is a plumb line forty (40) feet high at the setback line then inward on the lot at a forty-five (45) degree angle. For purposes of this requirement, the vertical measurements are taken from finish grade.

L. Building Projections. Projections described permitted in section 17.4.18 also apply to the building setbacks and building plane line of this section.

M. Building Separation. Separate buildings on the same parcel shall be no closer than 20 feet. Buildings with common walls less than 12 feet in length shall be considered separate buildings for the purposes of this requirement. This requirement shall apply to each story separately as illustrated below.

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N. Trash Enclosures. Trash and recycling enclosures shall be located conveniently for residents, and out of vehicular circulation areas. Trash and recycling enclosures may not be located within five feet of interior property lines or within the street fronting setbacks. Trash and recycling enclosures shall be of a design which is compatible with the development.

O. Gathering Rooms. Projects with eight or more units shall include adequate gathering rooms or locations for facility residents, based on a requirement of at least ten square feet per dwelling unit. Areas devoted to kitchen areas and restrooms in such community facilities shall not count toward meeting this requirement.

P. Pedestrian access. Direct pedestrian access to abutting public streets and parks shall be provided.

Q. Mechanical Equipment.

1. General Requirement. Exterior mechanical equipment (except solar collectors) and operating mechanical equipment must be screened from off-site views.

Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing line, ductwork and transformers.

Placement of mechanical equipment is limited by the setback requirements of the base zoning district, unless otherwise provided for within this title.

2. Utility Meters. A utility meter must be screened from view from the public rightof-way. A meter or transformer in a required front yard or in a corner side yard must be enclosed in a subsurface vault.

3. Screening Specifications. Screening material may have evenly distributed openings or perforations not exceeding fifty (50) percent of the surface area and F.4.a
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must effectively screen mechanical equipment so that it is not directly visible from off-site. Heavy, evergreen landscaping may be used to meet these requirements.

5. PS district—Land use regulations
Municipal Code schedule 17.9.2 is amended as follows:

PS DISTRICT—LAND USE

REGULATIONS
P Permitted
U Use Permit Required
Public and Semi-Public Uses
Cemetery U
Club or Lodge U
College, Public or Private U
Congregate Care Facility U
Cultural Institution U Only along arterial or collector streets Day Care, General U Only within a public building
Emergency Medical Care U Only within a public building
Emergency Shelter P
Government Office U
Hospital U
Low Barrier Navigation Center P
Maintenance or Service Facility U
Park or Recreation Facility U
Public Parking Facility U
Public Safety Facility U
Public Transit Facility U
Religious Assembly U
School, Public or Private U
Utilities, Major U
Utilities, Minor U
Accessory Uses and Structures
Permitted on the site of a permitted use,
but requires a use permit if added on the
site of a conditional use.

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Temporary Uses
(Temporary events permitted
under Chapter 17.37)
Agricultural Uses
Animal Husbandry U
Crop Production U
C. Prohibition of Specified Uses.

1. Commercial Marijuana Land Uses. Commercial Marijuana Land Uses are a prohibited use in the PS district.

2. Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the PS district.

6. Additional development regulations for emergency shelters Municipal Code section 17.9.4 is amended as follows:

Emergency shelters shall be subject to the following nondiscretionary standards and shall, in all other respects, be subject to the same zoning standards applicable to other residential or commercial development within the PS district:

A. Occupancy. Each emergency shelter may serve a maximum of seven twenty (20) clients nightly and contain a maximum of seven twenty (20) beds.

B. Location Criteria. Emergency shelters may only shall be located a minimum of three hundred (300) feet from another emergency shelter use. at sites meeting all of the following location criteria:

1. Within one-half mile of the Orinda BART Station;

2.More than two hundred (200) feet from the edge of pavement of Highway 24; and

3.More than three hundred (300) feet from a general day care use.

C. Parking. One vehicle parking space shall be provided per three beds, plus one space per on-site management staff person. No parking minimum shall be required for new shelters within one-half mile of the Orinda BART Station. Off-street parking based upon demonstrated need, provided the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone. Parking shall be no more than ten feet from any property line and parking lots shall be landscaped with two locally native trees per stall.

D. Waiting and Intake Area. An interior client waiting and intake area shall be provided and contain a minimum of fifty (50) square feet per bed at the emergency shelter.

E. On-site management. Emergency shelters shall have a manager on-site at all times while clients are present.

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F. Lighting. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of the emergency shelter. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site. The maximum illumination at ground level shall not exceed the minimum required under the State Building Code.
1880867.1
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Staff Report
Agenda Item: F.5
Date: May 20, 2025
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award Services Contract to Karla’s Janitorial Services RECOMMENDATION:

Award a services contract to Karla’s Janitorial Services in the amount of $134,208 for Janitorial Services throughout the City’s Parks and Facilities.

BACKGROUND:

The City has been using janitorial services through two separate contracts, one with UBS for the building and MCE for the restrooms at the park facilities. Between those two contracts, costs for the janitorial services are more than $12,000 a month.

On March 26, 2025, the City issued a request for proposal (RFP) to consolidate all City parks and facilities under one vendor to provide better service delivery and consistency in maintenance efforts.

DISCUSSION:

The City’s parks and facilities require much upkeep and cleaning to maintain a workable, clean, and sustainable environment for residents, visitors, renters, and City staff. The City operates and/or maintains five buildings and five city-owned park facilities.

Following the release of the RFP, the City received five bids on April 21, 2025, with the results shown below.

Bid Summary
Contractor Base Bid Amount
Karla’s Janitorial $134,208
Kleen-Tech $142,068
UBS $161,244
Imperial Maintenance Services $188,882
Summit $239,976
Staff reviewed the bids and bidders for responsiveness and responsibility, and determined the low bidder to be Karla’s Janitorial, and recommends award to them. The monthly cost for this service will be $11,184 for a one-year term with an option to extend up to three years at the City Manager’s discretion and subject to budget availability. This new contract will also include increased service frequency to address the growing demand on the City’s parks and facilities.

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Karla’s Janitorial is currently under contract with many different organizations and has ample experience working with public agencies. This work is subject to prevailing wage requirements.

NEXT STEPS:

Upon approval of the award, the contract (Attachment A) will be routed for signatures.

The contract for Karla’s Janitorial Services will start July 1, 2025.

FISCAL IMPACT:

The costs will be charged against the operating budget under the respective facilities that are serviced. Staff included adequate funding in the upcoming two-year budget for this purpose and will appropriate the necessary funding annually for the term of the contract and/or future amendments.

ATTACHMENTS:

A. Contract with Karla's Janitorial Services and Suppliers Respectfully Submitted by:

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

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1 CITY OF ORINDA

SERVICES CONTRACT
Karla’s Janitorial Services and Suppliers (“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 City Wide janitorial services for the City Parks and Facilities.
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.

F.5.a
Packet Pg. 124 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 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. The term of this agreement is until June 30, 2026 and may be extended (by amendment) for an additional three years (until June 30, 2029) with the approval of the City Manager and subject to available budget.
d. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, based on actual costs, not to exceed a maximum contract price of $134,208 annually for satisfactory performance of the services under this agreement.
b. Provider shall bill City on a monthly basis for work done in the preceding month. Provider’s project manager shall review and sign the invoice. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly.
c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.
a. Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee, partner, joint venture, or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider is solely responsible for the means and methods of performing the services under this agreement and for the persons hired to work under this agreement. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or F.5.a
Packet Pg. 125 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 3 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.
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 F.5.a
Packet Pg. 126 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 4 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.

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 F.5.a
Packet Pg. 127 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 5 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.

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

11. Additional Insurance Requirements.

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

Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.
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 F.5.a
Packet Pg. 128 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 6 be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers licensed to do business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. Verification of Insurance.

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

Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

F.5.a
Packet Pg. 129 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 7 To the fullest extent allowed by law, including but not limited to Civil Code section 2782.8, Provider shall defend, indemnify, and hold harmless City and its officers, employees, agents, and volunteers from and against any and all liability, claims, suits, losses, injuries, damage, demands, expenses, and costs (including, without limitation, attorneys’ fees and expert fees) of every nature, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Provider’s in the performance of this agreement. Provider shall not be obligated to indemnify City against liability arising from the sole negligence or willful misconduct by City.

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

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

The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

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

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

16. Notices.

F.5.a
Packet Pg. 130 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 8 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
Karla’s Janitorial
Sheyla Garcia
1485 Bayshore Blvd
San Francisco, CA
94124

17. Litigation.

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

18. Waivers.

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

19. Modification.

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

20. Severability.

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

21. Termination.
a. Termination Without Cause:
(i) At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
(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 F.5.a
Packet Pg. 131 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 9 and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. After termination for cause, City shall pay Provider for services satisfactorily rendered to date, and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.

22. Entire Agreement.

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

23. Governing Law and Venue.

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

24. Authority to Enter Agreement.

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

25. Successors and Assigns.

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

26. Headings and Construction.

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

References to City include its officers, employees, agents, and volunteers. ///
///
///
F.5.a
Packet Pg. 132 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 10 ///
IN WITNESS WHEREOF, the parties hereto have executed this agreement.

City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Karla’s Janitorial
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:

Exhibit A – Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language F.5.a
Packet Pg. 133 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 11 Exhibit A
Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule (pages attached)
F.5.a
Packet Pg. 134 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) 12 Exhibit B
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
1576240.1
F.5.a
Packet Pg. 135 Attachment: Contract with Karla's Janitorial Services and Suppliers (3602 : Janitorial Contract) City Council
Staff Report
Agenda Item: G.1
Date: May 20, 2025
Department: Administration
AGENDA TITLE: Public Hearing Continuation - Master Fee Schedule RECOMMENDATION:

Continue the previously scheduled public hearing for the adoption of the Master Fee Schedule to a date certain - June 17, 2025.

BACKGROUND:

The City noticed the public hearing for the adoption of the Master Fee Schedule pursuant to the state noticing requirements.

DISCUSSION:

The City has identified additional changes needed to this item and is recommending that the City Council continue the public hearing until its June 17, 2025, City Council meeting. The City Council may wish to take any public testimony by members of the public who are attending tonight’s meeting.

NEXT STEPS:

Hold the public hearing at the City Council meeting on June 17, 2025.

FISCAL IMPACT:

N/A
Respectfully Submitted by:

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

G.1
Packet Pg. 136
City Council
Staff Report
Agenda Item: H.1
Date: May 20, 2025
Department: Administration
AGENDA TITLE: Pride Month Flag Raising
RECOMMENDATION:

Consider approval of raising the Rainbow Pride Flag annually during the month of June.

BACKGROUND:

At its May 6, 2025 City Council meeting, the City Council requested that an item be brought back at the May 20, 2025 to discuss the raising of the rainbow flag for Pride Month. Pride Month occurs every June and the Mayor, under a separate item on tonight’s agenda, proclaimed June LGBTQIA+ Pride Month in the City of Orinda.

DISCUSSION:

The City Council asked for this item to be placed on the agenda so that they could discuss a request to raise the rainbow flag during the month of June.

In April 2025, the City Manager adopted a new Administrative Regulation (AR 1.10) around Outdoor Flag Display (Attachment A). The Regulation covers a variety of matters, including the standards of how a flag will be flown (consistent with federal and state statutes) and procedures for the display of commemorative flags. In particular, the Regulation states any commemorative flag “may be authorized by the City Council as an expression of the City’s official sentiments.”
The Regulation goes on to state that the: “City Council shall only consider a request to display or cease displaying a commemorative flag if the request is made by a member of the Orinda City Council.”
Staff recommends that if the City Council decides to raise the rainbow flag during Pride Month, the action will remain in place unless the City Council changes its position in the future.

NEXT STEPS:

If the City Council decides to raise the rainbow flag annually during Pride Month, the City will raise the flag on the first of June and for each first of June thereafter. The City Council may wish to hold a ceremonial event in conjunction with the flag raising.

FISCAL IMPACT:

Not applicable.

ATTACHMENTS:

H.1
Packet Pg. 137
A. Administrative Regulation 1.10 Outdoor Flag Display
Respectfully Submitted by:

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

H.1
Packet Pg. 138
H.1.a
Packet Pg. 139 Attachment: Administrative Regulation 1.10 Outdoor Flag Display (3624 : Pride Month Flag Raising) H.1.a
Packet Pg. 140 Attachment: Administrative Regulation 1.10 Outdoor Flag Display (3624 : Pride Month Flag Raising) H.1.a
Packet Pg. 141 Attachment: Administrative Regulation 1.10 Outdoor Flag Display (3624 : Pride Month Flag Raising) City Council
Staff Report
Agenda Item: H.2
Date: May 20, 2025
Department: City Clerk
AGENDA TITLE: Process to Fill the Vacancies on the Planning Commission and the Arts in Public Places Committee
RECOMMENDATION:

Discuss and provide direction to Staff.

BACKGROUND:

There is currently an unscheduled vacancy on the Planning Commission due to Ann Parnigoni's resignation, effective May 1, 2025. Her term expiration would have been in February 2026.

There is also an unscheduled vacancy on the Arts in Public Places Committee due to Ted Urban's resignation, effective April 23, 2025. His term expiration would have been in February 2027.

The Council’s Policies and Procedures Manual states:

9.2 City Council Advisory Bodies, Commissions and Committees The City Council may create or perpetuate commissions, committees, and other groups to advise the Council. The Council will appoint members of the public to those subordinate bodies. The appointment process will be determined by the Council, consistent with the requirements of state law (e.g., the Maddy Act).

State law (Government Code section 54974(a)) states:

Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet Web site or at the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office.

In February 2025, the City Council conducted its annual interviews, and two interested citizens were not appointed at that time due to having more applicants than seats available. One was interested in serving on the Planning Commission, and one was interested in serving on the Arts in Public Places Committee. The former was not able to attend the interviews. If the Council so directs, the City Clerk will reach out to these past applicants to see if they are still interested.

H.2
Packet Pg. 142
In addition, the City Clerk has posted a notice of these vacancies per state law, so additional candidates may express interest.

DISCUSSION:

Among the options available to fill the vacancies resulting from these resignations are:

1. Ask the Mayor to interview all interested applicants and recommend appointments to the full Council at a future Council Meeting.

2. Establish an ad-hoc subcommittee of two Councilmembers to interview all interested applicants and recommend appointments to the full Council at a future meeting.

3. Set a date for the full Council to interview all interested applicants and make appointments.

FISCAL IMPACT:

None.

Respectfully Submitted by:

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

H.2
Packet Pg. 143