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, June 17, 2025
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 06.17.25
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 06.17.25
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. Historical Society 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. May 30, 2025 Special Closed Session
2. June 3, 2025 Regular Meeting
F.2. Annual Investment Policy Review and Delegation of Investment Authority
Recommendation:
Adopt Resolution 36-25 Approving an Investment Policy for Fiscal Year 2025-26 and Delegation of Authority to Make Investments.
F.3. Acceptance of the Library Parcel Tax Independent Review Annual Report for the Period Ending (June 30, 2024)
Recommendation:
Accept the Report for the period ending June 30, 2024.
F.4. Approval of a Memorandum of Understanding (MOU) between the City of Orinda and Teamsters Local No. 856 and Approval of a Revision to the City's Personnel Rules Introductory Period Recommendation:
City Council
Agenda Page 3 06.17.25
Adopt Resolution No. 33-25, Approving the Memorandum of Understanding between the City of Orinda and Teamsters Local No. 856 for the Period of July 1, 2025 - June 30, 2029, and adopt Resolution No. 34-25 Approving an Amendment of the Personnel Rules Introductory Period.
F.5. Revisions to the Unrepresented Employee Manual, Creation of New Job Classification, and Approval of Consolidated Salary Schedule Recommendation:
Take the following actions:
1) Adopt Resolution No. 35-25 Approving Revisions the Unrepresented Employee Manual;
2) Adopt Resolution No. 37-25 Approving the Assistant to the City Manager Classification and Salary Schedule;
3) Adopt Resolution No. 38-25, Approving an Updated Consolidated Salary Schedule; and
4) Approve Budget Change Form #002-26
F.6. Amendments to Annual Contracts with Tripepi Smith, California Consulting and Townsend Public Affairs
Recommendation:
Approve amendments to contracts for Tripepi Smith, California Consulting and Townsend Public Affairs for Fiscal Year 2025-2026.
G. PUBLIC HEARING
G.1. Approval of the Master Fee Schedule
Recommendation:
Adopt Resolution 22-25 Approving the Master Fee Schedule.
H. POLICY MATTERS
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. CLOSED SESSION
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters
3. CLOSED SESSION
4. REPORT OUT OF CLOSED SESSION
a. CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, performance evaluation of City City Council
Agenda Page 4 06.17.25
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. c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No.
N23-0579.
M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, July 01, 2025 at 6:00 PM.
Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.
Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at 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.
A Report From Ohs President Alison Burns Regarding The June 2024/ June 2025 Activities Of The Orinda Historical Society (Ohs), Which Operates In A Room (“The Museum”) Leased To Ohs As Part Of The Orinda Library
ORINDA HISTORICAL SOCIETY
MAJOR ACCOMPLISHMENTS
JUNE 2024 - JUNE 2025
OUTREACH & EDUCATION
SCHOOL PROGRAMS: Successfully completed Glorietta School 3rd grade walks/education for three groups of students (completed May 2025)
SCHOOL REUNION GROUPS: Miramonte Class of 1969 (55-year reunion) - September 7, 2024, with special Mirador newspapers prepared; received $50 donation Miramonte Class of 1964 (60-year reunion) - September 28, 2024 COMMUNITY EVENTS: Participated in Wagner Ranch Nature Area open house (October 2024), Glorietta FunFest (October 2024), and Trunk or Treat (October 2024) ORINDA INCORPORATION 40TH ANNIVERSARY: Working on July Incorporation celebration display and educational materials in coordination with the City (in progress) CALIFORNIA GENEALOGICAL SOCIETY EVENT: Successfully assisted with the joint teaching event with Moraga/Orinda/Lafayette Historical Societies (May 2025) OHS NEWSLETTER: Completed and sent to printer (spring 2025) MUSEUM HOURS: Changed open hours to Saturday mornings (11:00-1:00) for better visitor traffic (implemented by August 2024)
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Communication: Historical Society Annual Report (ITEMS FOR THE GOOD OF THE CITY)
DIGITIZATION & PRESERVATION
ORINDA SUN NEWSPAPERS: Second batch of digitized newspapers (1960-1963) approved and available online
EQUIPMENT SETUP: Completed acquisition of oral history recording equipment (iPad, microphones, tripod) by November 2024
HISTORICAL NEEDLEPOINT: Discovered (in our archives), researched, and archivally framed 1700s needlepoint sampler with Wagner family genealogy (completed by April 2025)
TECHNOLOGY & SYSTEMS
NEW COMPUTER SYSTEM: Purchased and installed new office computer with Windows 11, complete with training materials and desktop resources (approved November 2024, completed by January 2025) NEW SCANNER: Purchased and installed CZUR book scanner for digitizing large newspaper sheets (completed by February 2025)
SOFTWARE UPGRADES: Added Acrobat Pro (completed by April 2025) EMAIL CONTACT SYSTEM: Implemented MailerLite for member updates and other communications (completed by August 2024)
FINANCIAL MANAGEMENT
GRANT SUCCESS: Received $1,000 Orinda Community Foundation grant for website updates (approved November 2024) and $700 from Orinda Woman's Club (received by February 2025) Stock Donation: Received and processed significant Disney stock donation (December 2024), sold by April 2025
INFRASTRUCTURE & OPERATIONS
INVENTORY MANAGEMENT: Completed extensive newspaper cataloging and indexing by Nancy Royster (completed by November 2024)
PARTNERSHIPS & RECOGNITION
PARTNERSHIP DEVELOPMENT: Established relationship with Orinda Prints & Archiving for photo printing services (November 2024)
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Communication: Historical Society Annual Report (ITEMS FOR THE GOOD OF THE CITY) ORINDA CLASSIC MOVIES: Negotiated member discount program with Orinda Theatre (implemented by February 2025)
SIGNIFICANT TASKS STILL IN PROGRESS
IN ORDER OF PRIORITY:3
PHOTO SALE POLICY: Developing policies and paperwork for photo use by authors and educators (two recent inquiries)
WEBSITE REFRESH: Working with CVK Design on comprehensive website updates ORAL HISTORY PROGRAM: Developing standard questions and transcription software; planning interviews with Reg Barrett and Bobbie Landers
CATALOGIT REFINEMENT: Continuing to refine accession processes and provide training STORAGE ORGANIZATION: Ongoing inventory of storage space, museum, and file room DIGITIZATION PROJECTS: Scanning Orinda News issues and continuing photo digitization efforts ORINDA INCORPORATION 40TH ANNIVERSARY: Planning July celebration activities in coordination with the City
MUSEUM REFRESH: Long-term photo display redesign and artifact rotation project
RE-VAMP DE LAVEGA TRAIN STATION
ALISON BURNS
President, Orinda Historical Society
[email protected]
6/12/2025
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Communication: Historical Society Annual Report (ITEMS FOR THE GOOD OF THE CITY) City Council
Staff Report
Agenda Item: F.1
Date: June 17, 2025
Department: City Clerk
AGENDA TITLE: Minutes Approval
RECOMMENDATION:
Approve City Council Minutes:
1. May 30, 2025 Special Closed Session
2. June 3, 2025 Regular Meeting
BACKGROUND:
The following City Council Minutes are attached for review and adoption.
1. May 30, 2025 Special Closed Session
2. June 3, 2025 Regular Meeting
ATTACHMENTS:
A. City Council Closed Session Meeting Minutes of May 30, 2025 B. City Council Regular Meeting Minutes of June 3, 2025 Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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May 30, 2025
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
9:00 AM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Malkani called the meeting to order and noted that all Councilmembers were present except Councilmember Gee who had an excused absence.
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 LEGAL COUNSEL -- EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 10:45 AM
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Meeting Minutes of May 30, 2025 (3640 : Minutes Approval) Orinda City Council Minutes Page 1 of 6 06.03.25
JUNE 3, 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]). d
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: Cara Hoxie, Janet Riley
Mayor Latika Malkani, Vice Mayor Brandyn Iverson
COUNCILMEMBERS ABSENT: Darlene Gee
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani
C. ADOPTION OF AGENDA
City Manager Smith recommended taking Item H.1 and H.2 at the same time.
MOTION by Councilmember Hoxie, and seconded by Vice Mayor Iverson, to adopt the agenda, as amended. Said motion carried by unanimous (4-0) vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Orinda Association Annual Report
Parks and Recreation Director Todd Trimble said the City works closely with the Orinda Association (OA) on many activities and tonight Vice President Alex Drexel will provide the report and presentation.
Alex Drexel, Vice President, Orinda Association, gave a background on the OA which originally was a means for people to organize and help influence decision-making by the Board of Supervisors. After incorporation, they turned more into a public service organization. He gave the report on OA’s accomplishments, their new Executive Editor who is doing a great job on the paper, OA programs, volunteer drivers, Seniors Around Town service, and annual events.
Councilmembers posed questions and comments on high school student involvement, SAT volunteers, metrics of rides through the Seniors Around Town, and future planning for a community forum in the fall.
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Attachment: City Council Regular Meeting Minutes of June 3, 2025 (3640 : Minutes Approval) Orinda City Council Minutes Page 2 of 6 06.03.25
Mayor Malkani opened the Public Forum, and there were no speakers.
E. PUBLIC FORUM
There were no speakers.
F. CONSENT CALENDAR
Mayor Malkani asked and confirmed there were no requests for removal of items and no public comments.
F.1. Minutes Approval
Recommendation:
Approve City Council Minutes:
1. May 7, 2025 Special Tri City Meeting
2. May 20, 2025 Regular Meeting
F.2. Adoption of Appropriation Limit For Fiscal Year 2025-26 Recommendation:
Adopt Resolution 31-25 Establishing the Annual Appropriations Limit for Fiscal Year 2025-26
MOTION by Vice Mayor Iverson and seconded by Councilmember Hoxie to approve Consent Calendar Items F.1.1, F.1.2, and F.2. Said motion carried by unanimous (4-0) vote.
G. PUBLIC HEARING
G.1. Public Hearing to Confirm the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2026 Recommendation:
Adopt Resolution 29-25 Confirming the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1, Zones L-42, M-9, and M-11, for Fiscal Year Ending 2026.
Public Works Director Scott Christie gave the staff report, background, and overview of the Orinda Street Lighting and Landscape Assessment District No. 1986-1 Zones L-42, M-9, and M-11 for FY ending June 30, 2026.
Councilmember Hoxie asked and confirmed that the M-11 District is more downtown commercial than rental properties.
Vice Mayor Iverson referred to expenditures and said it is $90,000 special benefit and only $16,000 general benefit. She asked if there is any logic between re-categorizing as between special benefit and general benefit and if not, why.
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Attachment: City Council Regular Meeting Minutes of June 3, 2025 (3640 : Minutes Approval) Orinda City Council Minutes Page 3 of 6 06.03.25
Mr. Christie said they use a set criterion that is consistent between the three districts, so staff could discuss this with the consultant to see if there are other ways to do it. Since the Council supports the concept of increasing the livelihood of downtown, whether they charge it to this district, the City would still want to do this because there is a benefit for the public as a whole. They could apportion less, said staff could review this more closely and charge an amount to some other portion but he thinks in the end, it benefits all to get the work done. He said they are closely monitoring MCE’s work now to understand more about how they are charging, and the new Facilities and Maintenance Superintendent can concentrate more on this in the coming year.
City Manager Smith added that the other benefit of having it displayed in this way is in the future as property and business owners want to know what the City’s investment is looking like in the downtown, instead of hiding it in different funds and budgets within the operating budget, they can demonstrate and show the kinds of investments being made in the downtown from an on-going maintenance standpoint.
Councilmember Riley asked if this is the sole source of funding for landscaping and water, and she asked if more could be done with other funds in different areas that may need more.
Mr. Christie said they have a tight budget but there is always room to adjust and prioritize.
They could consider less road repairs and more landscaping, but part of it is road-related on the medians.
City Manager Smith said the Council has complete discretion on how much money is spent on landscaping or maintenance improvements in the downtown area, and she confirmed this includes sidewalks, as well. Typically, the responsibility of a sidewalk adjacent to a property is the property owner’s responsibility, and any sidewalks needing repair should be reported to the Public Works Department.
Councilmember Riley said it is the block by the antique store. Mr. Christy said they are aware of this, and the exception to the rule is where there is a City street tree, which is usually the culprit to repair the sidewalk.
Mayor Malkani opened the public hearing. She asked if there was any public comment, and there was none.
MOTION by Vice Mayor Iverson, and seconded by Councilmember Riley, to adopt Resolution 29-25 Confirming the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1, Zones L-42, M-9, and M11, for Fiscal Year Ending 2026. Said motion carried by unanimous (4-0) vote.
H. POLICY MATTERS
H.1. Adoption of Fiscal Years 2025-26 and 2026-2027 Biennial Budget Recommendation:
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Attachment: City Council Regular Meeting Minutes of June 3, 2025 (3640 : Minutes Approval) Orinda City Council Minutes Page 4 of 6 06.03.25
Receive the Staff presentation and input from the public, incorporate any changes to the appropriations, and approve Resolution No. 32-25, which appropriates spending for two Fiscal Years (2025-26 and 2026-27).
H.2. Adoption of Capital Improvement Plan (CIP) for Fiscal Years 2026-2030 Recommendation:
Adopt Resolution 30-25 Adopting the Capital Improvement Plan Update, Fiscal Years 2026-2030
Assistant City Manager Doug Alessio gave the staff report and overview of the FY 2025- 26 and 2026-27 Biennial Budget. He said the Council reviewed the draft budget in March and May this year where input was received from the Council which did not indicate changes. Since that time, the budget has been shared with committees and commissions who found it in conformance with the General Plan, and staff recommends adoption of Resolution No. 32-25.
The budget also contains one-time transfers from the General Fund from accumulated resources, miscellaneous operating budget edits, and appropriations, which he described.
Public Works Director Scott Christie then gave a PowerPoint presentation on the CIP over two years with 34 projects at $22 million, including continued projects from the current fiscal year. Over the 5-year period, there are 40 projects at $37 million. He then described miscellaneous reconciliation changes from the May meeting, increased funding for the Library Elevator Modernization/Rehabilitation project, changes to the annual paving projects, and the addition of 3 new roadway repair projects.
Mr. Alessio stated the budget is balanced using current resources, with exception to the transfers which use the accumulated resources.
Vice Mayor Iverson wondered if there is a way they can limit the spending on the library elevator, noting estimates went from $100,000 to $225,000 to go up one floor. She recommended adding a control that it return to the Council if it goes to more than $150,000.
Mr. Christie said the elevator is in decent condition and there is an on-going preventative maintenance contract for the machine. He then described the necessity of the elevator for ADA purposes, and staff’s intent to return to the Council for contract award. Mr. Alessio added that the original $125,000 has been that number for four years.
Councilmembers posed questions and comments ensued regarding comparisons to highrise elevators with this proposal and cost, the need to modernize the existing elevator, disagreement in the amount of expenditure for adding one floor, concerns of the future of state and county funding, expenditure of Measure R funds, Parks and Recreation revenue levels in past and current years, and recognition of the Council’s conservative budget planning and spending.
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Attachment: City Council Regular Meeting Minutes of June 3, 2025 (3640 : Minutes Approval) Orinda City Council Minutes Page 5 of 6 06.03.25
Mayor Malkani opened the Public Forum, and there were no speakers.
Mayor Malkani and Councilmembers complimented staff on their preparation of both budget documents and how the City is managing its funds. City Manager Smith also thanked staff for the work putting the budget documents together.
MOTION by Vice Mayor Iverson, and seconded by Councilmember Hoxie to adopt Resolution No. 32-25, which appropriates spending for two Fiscal Years (2025-26 and 2026-27). Said motion carried by unanimous (4-0) vote.
MOTION by Mayor Malkani, and seconded by Councilmember Hoxie to adopt Resolution No. 30-25, adopting the Capital Improvement Plan Update, Fiscal Years 2026-2030. Said motion carried by unanimous (4-0) vote.
I. COUNCILMEMBER REPORTS – Mayor Malkani reported on her, the Vice Mayor, the City Manager and City staff’s attendance to a well-attended meeting with Senator Tim Grayson, his District staff, and dozens of agencies around emergency preparedness and evacuation event. They broke into brainstorming sessions, and the end result is a working group formed to focus on development of an East Bay Wildfire Master Plan.
City Manager Smith said she will contact Senator Grayson’s office regarding media attention surrounding the plan.
Mayor Malkani reported on today’s 11:00 a.m. gathering for the Pride Flag raising event where P-Flag Lamorinda and community members in attendance.
J. CITY MANAGER'S REPORT – City Manager Smith reported the Lamorinda Fee and Finance Authority is working on their fee update, the review and selection of a new consultant, which should be made by the end of summer, with adoption expected in early 2027.
K. MATTERS INITIATED – None.
L. CLOSED SESSION
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters - None
3. CLOSED SESSION
4. REPORT OUT OF CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No.
N23-0579.
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Attachment: City Council Regular Meeting Minutes of June 3, 2025 (3640 : Minutes Approval) Orinda City Council Minutes Page 6 of 6 06.03.25
M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:30 p.m. to the City Council Meeting on Tuesday, June 10, 2025 at 4:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Regular Meeting Minutes of June 3, 2025 (3640 : Minutes Approval) City Council
Staff Report
Agenda Item: F.2
Date: June 17, 2025
Department: Finance
AGENDA TITLE: Annual Investment Policy Review and Delegation of Investment Authority
RECOMMENDATION:
Adopt Resolution 36-25 Approving an Investment Policy for Fiscal Year 2025-26 and Delegation of Authority to Make Investments.
BACKGROUND:
On October 1, 2024, the City Council adopted Resolution 45-24 which established the Investment Policy that is currently being used to guide the City Investment portfolio. The policy follows recommended guidelines for the prudent management of public funds. A portion of the City portfolio is managed by Chandler Asset Management (Chandler), which also assists in reviewing and proposing changes to the adopted policy. The current policy states that it is to be reviewed annually by the Finance Advisory Committee (FAC) and that any recommended changes are to be presented to the City Council no later than June 30th. The review of the policy by the FAC occurred on May 29, 2025.
As required under State law, the proposed resolution also includes the City Council delegation of authority to make investments.
DISCUSSION:
The City’s current portfolio includes a “General Reserve” portion managed by Chandler in coordination with City Staff and in conformance with the City Investment policy. In addition to the funds Chandler manages, the City maintains a pooled investment account in the Local Agency Investment Fund (LAIF), which is managed by the State Treasurer. In May 2024 the City opened money market collateralized bank deposit account with Mechanics Bank which is managed by staff.
Focus of a Public Agency Portfolio
It is important to keep in mind that a public agency portfolio has distinct differences from private investments in terms of goals and risks. The annual publication prepared by the California Debt Investment Advisory Commission (CDIAC) and titled “Local Agency Investment Guidelines”, described this difference as follows:
“The vast majority of local agency portfolios are managed with a buy and hold investment strategy. Investments are purchased with the intent and capacity to hold them until maturity. At times, market forces or operations may dictate exchanging one security for another or selling a security before maturity.
Continuous analysis and fine tuning of the investment portfolio are considered F.2
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part of prudent investment management. This passive investment strategy is different from one in which securities are purchased with the intent to sell them before maturity at a profit or the use of leverage to enhance yield.” Given the focus of public funds, the investment objectives are to always seek safety and liquidity, which take precedence and may impact the market rate of return compared to private or personal portfolios.
Investment Manager Review
The Administrative Services Director met with staff from Chandler and reviewed the current policy to ensure its conformance with changes in applicable state law and any changes to industry best practices. That review resulted in Chandler recommending minor changes to the current policy to conform with recent changes in State law. A redlined version of Orinda’s current Investment Policy is included as Attachment B, which highlights all changes. The main changes are listed below:
1. X. Certificates of Deposit: To reflect change in state law requiring collateralization of deposit, moving away from limits of insured value by Federal Deposit Insurance Company (FDIC).
2. XII 8. Placement Service Deposits: To reflect change in state law regarding the full amount of deposits being insured by FDIC or National Credit Union Administration (NCUA).
3. XII 14. Share of Beneficial Interest Issued by a Joint Powers Authority (JPA):
Pursuant to change in state law, allowing for such investment and establishing certain criteria.
4. Glossary of Investment Terms: Terms have been added and removed as it has been recommended by CMTA investment policy reviewers that the glossary shall only include terms used throughout the investment policy.
The results of the review were shared and discussed by the FAC at their May 29, 2025, meeting. During that review the FAC unanimously recommended presenting the redlined investment policy to the City Council for approval.
Government Code Section 53607 only provides two options for authorizing the investment of public funds. It can be completed by either: 1) The City Council; or 2) Delegated for a one-year period to the City Treasurer. From a practical and logistical perspective, it makes sense to delegate this function. Adoption of the proposed resolution will continue the current practice of delegating authority to the City Treasurer.
Proposed Investment Policy
Attachment A contains the Resolution adopting the Investment Policy, which completes the annual review process, incorporating the minor proposed changes to the existing policy. The resolution also formally delegates the authorization to make investment decisions to the City Treasurer for a one-year period in accordance with Government Code Section 53607.
FISCAL IMPACT:
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There are no immediate fiscal impacts as a result of reviewing the Investment Policy. It is anticipated that the policy will continue to provide investment options consistent with State law and appropriate for a public agency portfolio.
ATTACHMENTS:
A. Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make Investments
B. Investment Policy (redlined)
Respectfully Submitted by:
Douglas Alessio
Assistant City Manager
Prepared By: Douglas Alessio, Assistant City Manager
Approved by:
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RESOLUTION NO. 36-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING AN INVESTMENT POLICY FOR FISCAL YEAR 2025-26 AND
DELEGATION OF AUTHORITY TO MAKE INVESTMENTS
WHEREAS, the City Council on October 1, 2024, adopted Resolution 45-24 approving an Investment Policy which, in accordance with State law, provides for an annual review by the City Council; and
WHEREAS, the City Council has requested that the Finance Advisory Committee review and make recommendations on the policy annually; and WHEREAS, the City has engaged Chandler Asset Management to provide professional investment services which include reviewing the policy for conformance with State laws and best practices; and
WHEREAS, at a meeting on May 29, 2025, the Finance Advisory Committee reviewed the Investment Policy and recommended that minor edits be made at this time; and WHEREAS, Government Code section 53607 allows the City Council to annually delegate the authority to make investments to the City Treasurer as described in section IV of the policy.
NOW, THEREFORE, BE IT RESOLVED, that the City of Orinda City Council hereby approves the Investment Policy attached hereto and by reference made a part hereof.
BE IT FURTHER RESOLVED, that the City Council hereby delegates the authority to make investments to the City Treasurer (Administrative Services Director) and Deputy Treasurer (City Manager).
PASSED AND ADOPTED by the City Council of the City of Orinda on June 17, 2025, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Latika Malkani, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make
CITY OF ORINDA, CALIFORNIA
INVESTMENT POLICY
ADOPTED – June 17, 2025
CONTENTS
I. INTRODUCTION.....................................................................................................................................................1 II. SCOPE...........................................................................................................................................................1 III. OBJECTIVES..............................................................................................................................................2 IV. DELEGATION OF AUTHORITY.......................................................................................................................2 V. PRUDENCE.....................................................................................................................................................3 VI. ETHICS AND CONFLICTS OF INTEREST .........................................................................................................4 VII. INTERNAL CONTROLS.................................................................................................................................4 VIII. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS EXTERNAL INVESTMENT ADVISERS ...............................................................................................................................................................4 IX. INVESTMENT POOLS/MUTUAL FUNDS ..........................................................................................................5 X. COLLATERALIZATION ......................................................................................................................................6 XI. DELIVERY, SAFEKEEPING AND CUSTODY.....................................................................................................6 XII. AUTHORIZED INVESTMENTS ........................................................................................................................7 XIII. MAXIMUM MATURITY................................................................................................................................12 XIV. PROHIBITED INVESTMENT VEHICLES AND PRACTICES .................................................................................12 XV. RISK MANAGEMENT AND DIVERSIFICATION ................................................................................................13 XVI. REVIEW OF INVESTMENT PORTFOLIO.........................................................................................................14 XVII. PERFORMANCE EVALUATION................................................................................................................14 XVIII. REPORTING.........................................................................................................................................14 XIX. REVIEW OF INVESTMENT POLICY...............................................................................................................15 GLOSSARY OF INVESTMENT TERMS...................................................................................................................16 F.2.a
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 1 I. INTRODUCTION
The City of Orinda was incorporated on July 1, 1985, and is located in the East Bay area within 20 minutes of downtown San Francisco. The City operates under a CouncilManager form of government and provides municipal services that include public safety, public works, parks and recreation, and community development. The City Council consists of five members with the position of Mayor and Vice Mayor chosen by the Council. The Council serves as the policy board for the City.
The City of Orinda has a fiduciary responsibility to maximize the productive use of assets entrusted to its care and to invest and manage those public funds wisely and prudently with the overriding objectives to preserve principal and provide sufficient liquidity while seeking a market-rate of return. The purpose of this investment policy is to identify various policies and procedures that will foster a prudent and systematic investment program designed to seek the City of Orinda's objectives of safety, liquidity and yield through a diversified investment portfolio. This policy also serves to organize and formalize the City's investment-related activities, while complying with all applicable statutes governing the investment of public funds.
II. SCOPE
This policy covers all funds and investment activities under the direct authority of the City, as set forth in the State Government Code, Sections 53600 et seq., with the following exceptions:
• Retirement Plans offered to City Employees including the 457 Deferred Compensation Plan, and 401(a) Defined Contribution Plan are excluded because the Plans are administered by a third-party administrator and held in trust for the exclusive benefit of participants and are not assets of the City. Individual plan participants select the investments from those offered under the Plans.
• Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds are to be invested pursuant to the permitted investment provisions of their specific bond indentures.
• Any other funds specifically exempted by the City Council.
POOLING OF FUNDS
Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration.
Investment income shall accrue solely to the General Fund except where required by law, or other binding agreement, in which case interest shall accrue to other funds based upon the fund's proportionate ratio of balances to total pooled cash. Investment income shall not be credited to individual reserve accounts, except where required by law. Investment income shall be credited no less than annually.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 2 III. OBJECTIVES
The City's overall investment program shall be designed and managed with a degree of professionalism worthy of the public trust. The overriding objectives in order of priority shall be:
• SAFETY. Safety of principal is the foremost objective of the investment program.
Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.
• LIQUIDITY. The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated.
• YIELD. Yield should become a consideration only after the basic requirements of safety and liquidity have been met. The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs.
IV. DELEGATION OF AUTHORITY
Authority to manage the City's investment program is derived from California Government Code, Sections 41006 for City Treasurers and 53600 et seq. The City Council is responsible for the policy level management of City funds, including the adoption and review of this investment policy. The day-to-day management of idle cash and investment transactions is the responsibility of the Administrative Services Director/City Treasurer. The Administrative Services Director is designated as the City Treasurer, in accordance with a Resolution specifying the job description adopted by the City Council.
As authorized in Government Code Section 53607, the City Council delegates the authority to invest funds of the City to the Administrative Services Director/City Treasurer and/or any duly appointed Deputy Treasurer. The City Treasurer and any duly appointed Deputy City Treasurer shall make all investment decisions and transactions in accordance with State law and this investment policy. The Administrative Services Director/City Treasurer has designated the City Manager as Deputy City Treasurer for the purpose of carrying out investment transactions, at such times as the Administrative Services Director/City Treasurer is unavailable.
The City shall strive to maintain the level of investment of all idle funds as near 100 percent as possible through daily and projected cash flow determinations. The City's cash management system should monitor and forecast revenues and expenditures, thus insuring the investment of monies to the fullest extent possible. The Administrative Services Director will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees.
Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and procedures determined by the Administrative F.2.a
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 3 Services Director to be consistent with this policy.
The City Council may authorize engaging the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. The selection process will follow standard City and industry practices for selecting a qualified firm to provide investment advisory services. The contract for such services must be reviewed and approved by the City Attorney. Under the review by the Administrative Services Director external investment advisers are granted discretion to purchase and sell investment securities in accordance with this investment policy. On February 15, 2015 the City Council authorized an agreement with Chandler Asset Management which serves as the external investment manager pursuant to this policy.
The contract was fully executed in May 2015 and the initial investment services focused on GO Bond proceeds. The Orinda Reserve portfolio management services began in February 2016.
The City's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City intends to hold its investments to maturity in order to maximize its return on its investments and minimize its exposure to potential losses resulting from temporary declines in the market values of its investments.
However, if a decline in the market value of a security is deemed by the Administrative Services Director in consultation with the external Investment Manager, to be permanent, the security may be sold early to minimize the loss of principal. Although there may be opportunities to resell securities, this type of regular trading is not recommended.
V. PRUDENCE
Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
"... all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law."
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 4 VI. ETHICS AND CONFLICTS OF INTEREST
Employees and officials involved in the investment process shall at all times comply with each of the following:
- Recognize that the process is subject to public review - Act as a custodian of the public trust
- Recognize that their professional duties, loyalties, and responsibility are solely to the City
- Submit to the City statements of economic interest under the Political Reform Act (Government Code section 81000 et seq.)
- Not engage in any activity or have any interest that would result in a conflict of interest or the appearance of a conflict interest under the Political Reform Act, the common law, or Government Code section 1090 et seq.
- Not engage in any activity or have any interest that could interfere with unbiased involvement in the investment process (e.g., by impairing their ability to make impartial investment decisions).
VII. INTERNAL CONTROLS
The Administrative Services Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management.
Periodically, as deemed appropriate by the City and/or the City Council, an independent analysis by an external auditor may be conducted to review internal controls, account activity and compliance with policies and procedures.
VIII. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS EXTERNAL
INVESTMENT ADVISERS
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded and presented as part of the information on the Trade Ticket. If there is no other readily available competitive offering, the investment adviser shall make their best efforts to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities as the same original issue price.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 5 PROCESS IF CITY DOES NOT ENGAGE PROFESSIONAL EXTERNAL INVESTMENT ADVISOR If the City Administrative Services Director is directly completing investment transactions without an external investment adviser, to the extent practical, the Administrative Services Director shall endeavor to complete investment transactions using a competitive bid process whenever possible. The City's Administrative Services Director will determine which financial institutions are authorized to provide investment services to the City. It shall be the City's policy to purchase securities only from authorized institutions and firms.
The Administrative Services Director shall maintain procedures for the establishing a list of authorized broker/dealers and financial institutions which are approved for investment purposes that are selected through a process of due diligence determined by the City.
These institutions may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (uniform net capital rule).
In accordance with Section 53601.5, institutions eligible to transact investment business with the City include:
• Institutions licensed by the state and proof FINRA certification as broker-dealer, as defined in Section 25004 of the Corporations Code.
• Primary government dealers as designated by the Federal Reserve Bank of New York and non-primary government dealers.
• Nationally or state-chartered banks.
• Savings association or federal association (as defined in Section 5102 of the Financial Code).
• The Federal Reserve Bank of New York.
• Direct issuers of securities eligible for purchase.
All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Administrative Services Director with a statement certifying that the institution has reviewed the California Government Code, Section 53600 et seq. and the City's investment policy.
Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.
IX. INVESTMENT POOLS/MUTUAL FUNDS
Participation in the Local Agency Investment Fund (LAIF) managed by the State Treasurer shall be an authorized investment under this policy. Participation in any other pool or mutual fund shall require approval of the City Council upon investigation of the investment pool/mutual fund legal structure, objectives, and suitability as a component of the City portfolio.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 6 The City shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. Annually, the Administrative Services Director shall seek responses to the following questions from any investment pool or mutual fund in which the City invests:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. • A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
• A schedule for receiving statements and portfolio listings. • Are reserves, retained earnings, etc. utilized by the pool/fund? • A fee schedule, and when and how it is assessed.
• Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds? X. COLLATERALIZATION
CERTIFICATES OF DEPOSIT (CDS). The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a Non-Negotiable Certificate of Deposit. The value of eligible securities as defined pursuant to California Government Code, Section 53651, pledged against a Certificate of Deposit shall be equal to 150% of the face value of the CD if the securities are classified as mortgages and 110% of the face value of the CD for all other classes of security.
COLLATERALIZATION OF DEPOSITS. Process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing the repayment of deposited funds.
The type and value of eligible securities is as defined by California Government Code, Section 53651.
XI. DELIVERY, SAFEKEEPING AND CUSTODY
DELIVERY-VERSUS-PAYMENT (DVP). Settlement of all investment transactions will be completed using standard delivery-versus-payment procedures.
SAFEKEEPING AND CUSTODY. To protect against potential losses due to failure of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all cash and securities in the City's portfolio shall be held in safekeeping in the City's name by a third party custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. All investment transactions will require a safekeeping receipt or acknowledgment generated from the trade. The custodian shall provide a monthly report to the City listing all securities held in safekeeping F.2.a
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 7 with current market data and other information. The Administrative Services Director shall implement procedures to review and reconcile the custodian statements on a regular basis.
The only exceptions to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and, (iii) mutual funds and money market mutual funds, since the purchased securities are not deliverable.
XII. AUTHORIZED INVESTMENTS
The City's investments are governed by California Government Code, Sections 53600 et seq. The City intends for the investments permitted by this policy to be more restrictive than what is authorized in the Government Code. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence.
Percentage holding limits and minimum credit requirements listed in this section apply at the time the security is purchased.
Any investment held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity, provided it is disclosed as an exception at each reporting period. At the time of the investment's maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and issuer to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
1. MUNICIPAL SECURITIES include obligations of the City, the State of California, and any local agency within the State of California, provided that the following criteria is met:
• The securities are rated in a rating category of "A" or its equivalent or better by at least one Nationally Recognized Statistical Rating Organization (“NRSRO”).
• No more than 5% of the total portfolio may be invested in any issuer. • No more than 30% of the total portfolio may be in Municipal Securities. • The maximum maturity does not exceed five years.
2. MUNICIPAL SECURITIES (REGISTERED TREASURY NOTES OR BONDS) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
• The securities are rated in a rating category of "A" or its equivalent or better F.2.a
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 8 by at least one NRSRO.
• No more than 5% of the total portfolio may be invested in any single issuer. No more than 30% of the total portfolio may be in Municipal Securities.
• The maximum maturity does not exceed five years.
3. U.S. TREASURIES and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S.
Treasuries, provided that the following criteria is met:
• The maximum maturity does not exceed five years.
4. FEDERAL AGENCIES or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in Federal Agency or GovernmentSponsored Enterprises (GSEs), provided that the following criteria is met:
• No more than 30% of the total portfolio may be invested in any Agency/GSE issuer. The maximum maturity does not exceed five years. • No more than 20% of the total portfolio may be invested in callable agency securities.
5. BANKERS’ ACCEPTANCES, provided that the following criteria is met:
• They are issued by institutions which have short-term debt obligations rated "A1" or its equivalent or better by at least one NRSRO; or long-term debt obligations which are rated in the "A" category or its equivalent or better by at least one NRSRO.
• No more than 40% of the total portfolio may be invested in Bankers' Acceptances.
• No more than 5% of the total portfolio may be invested in any issuer. • The maximum maturity does not exceed 180 days.
6. FEDERALLY INSURED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that the following criteria is met:
• The amount per institution is limited to the maximum covered under Federal Deposit Insurance Corporation or the National Credit Union Administration. • No more than 20% of the total portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five years.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 9 7. COLLATERALIZED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that the following criteria is met:
• No more than 20% of the total portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five years.
8. PLACEMENT SERVICE DEPOSITS, provided that the following criteria is met and as allowed under California Government Code section 53601.8:
• No more than 30% of the total portfolio may be invested in a combination of qualifying placement service deposits.
• The full amount of each deposit along with accrued interest must at all times be insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA).
• Under a provision sunsetting on January 1, 2031, no more than 50% of the portfolio may be invested in deposits through a placement service, including Certificates of Deposit, if the Agency is a city, district or local agency that does not pool money with other local agencies.
• The maximum maturity does not exceed five years.
9. NEGOTIABLE CERTIFICATES OF DEPOSIT (NCDS), provided that the following criteria is met:
• The amount of the NCD insured up to the FDIC limit does not require any credit ratings.
• For any amount above the FDIC insured limit they must be issued by institutions which have short-term debt obligations are rated "A-1" or its equivalent or better by at least one NRSRO; or long-term obligations are rated in the "A" category or its equivalent or better by at least one NRSRO.
• No more than 30% of the total portfolio may be invested in NCDs. • No more than 5% of the total portfolio may be invested in any issuer. The maximum maturity does not exceed five years.
10. COLLATERALIZED BANK DEPOSITS. The City's deposits with financial institutions will be collateralized with pledged securities per California Government Code, Section 53651 and a maximum maturity not exceeding five years.
11. COMMERCIAL PAPER, provided that the following criteria is met:
a. If issued by a corporation:
1. The issuer is a corporation organized and operating in the United States F.2.a
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 10 with assets in excess of $500 million.
2. They are issued by corporations which have long-term obligations rated in the "A" category or its equivalent or better, if the issuer has long-term ratings, by at least one NRSRO.
b. If issued by other entities:
1. The issuer is organized within the United States as a special purpose corporation, trust, or limited liability company.
2. The securities must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit or a surety bond. • The securities are rated "A-1" or its equivalent or better by at least one NRSRO. • No more than 25% of the total portfolio may be invested in Commercial Paper. • No more than 10% of the outstanding commercial paper issued by any single issuer.
• No more than 5% of the total portfolio may be invested in any issuer. • The maximum maturity does not exceed 270 days.
12. STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF), provided that the following criteria is met:
• The City may invest subject to the maximum permitted balance established by LAIF.
13. LOCAL GOVERNMENT INVESTMENT POOLS (LGIP)
• Other LGIPs are permitted provided that the City Council takes a separate action to authorize the LGIP and it is added to this policy.
14. Shares of Beneficial Interest Issued by a Joint Powers Authority (JPA) • The JPA is organized pursuant to California Government Code Section 6509.7 and invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive.
• Each share shall represent an equal proportional interest in the underlying pool of securities owned by the JPA.
• The JPA has retained an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years’ experience investing in instruments authorized by Section 53601, subdivisions (a) to (o).
15. CORPORATE MEDIUM TERM NOTES (MTNS), provided that the following criteria is met:
• The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 11 • The securities are rated "A" or its equivalent or better by at least one NRSRO. • No more than 30% of the total portfolio may be invested in MTNs. • No more than 5% of the portfolio may be invested in any one issuer. • The maximum maturity does not exceed five years.
16. ASSET-BACKED, MORTGAGE-BACKED, MORTGAGE PASS-THROUGH SECURITIES,
AND COLLATERALIZED MORTGAGE OBLIGATIONS FROM ISSUERS NOT DEFINED IN SECTIONS 3 AND 4 OF THE AUTHORIZED INVESTMENTS SECTION OF THIS POLICY, provided that the following criteria is met:
• The securities are rated "AA" or the equivalent or better by a NRSRO. • No more than 20% of the total portfolio may be invested in these securities. • No more than 5% of the total portfolio may be invested in any Asset-Backed or Commercial Mortgage security issuer.
• The maximum maturity does not exceed five years.
17. MUTUAL FUNDS AND MONEY MARKET MUTUAL FUNDS that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that the following criteria is met:
a. No more than 20% of the total portfolio may be invested in these securities. b. MUTUAL FUNDS that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
3. No more than 10% of the total portfolio may be invested in shares of any one mutual fund.
c. MONEY MARKET MUTUAL FUNDS Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) The company shall meet either of the following criteria:
1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of $500 million.
3. No more than 20% of the total portfolio may be invested in Money Market Mutual Funds.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 12 18. SUPRANATIONALS, provided that the following criteria is met:
• The issue purchased shall be U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank.
• Issues are "eligible for purchase and sale within the United States." • The securities are rated in the "AA" category or its equivalent or better by a NRSRO.
• No more than 30% of the total portfolio may be invested in these securities. • No more than 10% of the total portfolio per issuer
• The maximum maturity does not exceed five years.
XIII. MAXIMUM MATURITY
To the extent possible, the overall portfolio and investments shall take into consideration anticipated cash flow requirements and known future liabilities.
The City will not invest in securities maturing more than five years from the date of trade settlement, unless the City Council has by resolution granted authority to make such an investment at least three months prior to that investment.
XIV. PROHIBITED INVESTMENT VEHICLES AND PRACTICES
• State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. • In accordance with Government Code, Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited. • Investment in any security that could result in a zero interest accrual if held to maturity is prohibited.
• Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.
• Purchasing or selling securities on margin is prohibited. • The use of repurchase agreements and reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. • The purchase of foreign currency denominated securities is prohibited. • The purchase of a security with a forward settlement date exceeding 45 days from the time of the investment is prohibited.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 13 XV. RISK MANAGEMENT AND DIVERSIFICATION
MITIGATING CREDIT RISK IN THE PORTFOLIO
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
• The diversification requirements included in the "Authorized Investments" section of this policy are designed to mitigate credit risk in the portfolio. • No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. • The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or the City's risk preferences.
• If securities owned by the City are downgraded by a NRSRO to a level below the quality required by this investment policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.
• If a security is downgraded, the Administrative Services Director/ City Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. Downgraded securities will be reported to the City Council in the quarterly investment report.
• If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.
MITIGATING INTEREST RATE RISK IN THE PORTFOLIO
Market risk includes the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.
The City further recognizes that certain types of securities, including variable rate securities, securities with principal pay downs prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 14 • The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements. • The maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy.
• The duration of the portfolio will strive at all times be approximately equal to the duration (typically, plus or minus 20%) of a market benchmark, an index selected by the City based on the City's investment objectives, constraints and risk tolerances.
XVI. REVIEW OF INVESTMENT PORTFOLIO
The Administrative Services Director shall periodically, but no less than quarterly, review the portfolio to identify investments that do not comply with this investment policy and establish protocols for reporting major and critical incidences of noncompliance to the City Council. The compliance status shall be reported as part of the quarterly reporting.
XVII. PERFORMANCE EVALUATION
The investment portfolio shall be designed to attain a rate of return consistent with the overriding objectives of the program to preserve principal and provide sufficient liquidity.
The investment portfolio shall take into account the City's risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restrict investments.
The Administrative Services Director shall monitor and evaluate the portfolio's performance relative to market benchmark, which will be included in the Administrative Services Director's quarterly report. The Administrative Services Director in consultation with the external investment adviser, shall select an appropriate readily available index to use as a market benchmark. Benchmarks may change over time based on changes in market conditions or cash flow requirements.
XVIII. REPORTING
QUARTERLY REPORTS
Quarterly investment reports will be submitted by the Administrative Services Director to the City Council within 45 days after the end of the quarter. These reports will disclose, at a minimum, the following information about the characteristics of the City's portfolio in order to comply with GC 53646 (b):
1. These reports shall include the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments and moneys held by the City, and shall additionally include a description of any of the City's funds, investments, or programs, that are under the management of contracted parties, including lending programs. With respect to all securities held by the City, and under management of any outside party that is not also a local public agency or the State of California Local Agency Investment Fund, the report shall also include a current market value F.2.a
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 15 as of the date of the report, and shall include the source of this same valuation.
2. Monthly transactions for the period in accordance with California Government Code Section 53607.
3. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio and a timetable for resolution. Although this policy measures compliance at the time of purchase, any transactions or holdings that were in compliance at the time of purchase, and no longer comply shall also be disclosed and reviewed by the Treasurer.
4. A statement regarding whether the portfolio will allow the City to have adequate funds to meet its cash flow requirements for the next six months.
XIX. REVIEW OF INVESTMENT POLICY
The investment policy will be reviewed at least annually by the Finance Advisory Committee, which shall make a recommendation to the City Council regarding any recommended changes to address consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends.
The results of the review including any recommended modifications, amendments, and delegation of authority as described in Section IV, shall be presented by the Administrative Services Director/City Treasurer to the City Council for their consideration and adoption at a public meeting. For consistency it is recommended that the review be timed to occur no later than June 30th at the same time as the Annual Appropriations Limit Adoption.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 16 GLOSSARY OF INVESTMENT TERMS
AGENCIES. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market.
FHLB issues discount notes and bonds.
FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass-through securities.
FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds and mortgage pass-through securities.
GNMA. The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.
PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.
TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.
ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
BANKER’S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
BID. The indicated price at which a buyer is willing to purchase a security or commodity.
BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from their own position.
CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline, the issuer will likely call its current securities and reissue them at a lower rate of interest.
CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate.
COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
COLLATERALIZED BANK DEPOSIT. A bank deposit that is collateralized at least 100% (principal plus interest to maturity). The deposit is collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
COLLATERALIZED TIME DEPOSIT. Time deposits that are collateralized at least 100% (principal plus interest to maturity). These instruments are collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 17 COMMERCIAL PAPER. The short-term unsecured debt of corporations.
COUPON. The rate of return at which interest is paid on a bond.
CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for their own position.
DELIVERY VS. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
DISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a security to changes interest rates.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC). The Federal Deposit Insurance Corporation (FDIC) is an independent federal agency insuring deposits in U.S. banks and thrifts in the event of bank failures. The FDIC was created in 1933 to maintain public confidence and encourage stability in the financial system through the promotion of sound banking practices.
FEDERALLY INSURED TIME DEPOSIT. A time deposit is an interest-bearing bank deposit account that has a specified date of maturity, such as a certificate of deposit (CD). These deposits are limited to funds insured in accordance with FDIC insurance deposit limits.
FIDUCIARY. A person or organization that acts on behalf of another person(s) or organization that puts their clients’ interest ahead of their own as they are bound both legally and ethically to act in the other’s best interests.
JOINT POWERS AUTHORITY (JPA). An entity created by two or more public agencies that share a common goal in order to jointly exercise powers common to all members through a joint powers agreement.
LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
LIQUIDITY. The speed and ease with which an asset can be converted to cash.
LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.
LOCAL GOVERNMENT INVESTMENT POOL. Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.
MAKE WHOLE CALL. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole."
MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral.
MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market F.2.a
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 18 conditions or interest rates.
MARKET VALUE. The price at which a security can be traded.
MATURITY. The final date upon which the principal of a security becomes due and payable. The investment’s term or remaining maturity is measured from the settlement date to final maturity.
MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis.
MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
MODIFIED DURATION. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.
MONEY MARKET. The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
MONEY MARKET MUTUAL FUND. A mutual fund that invests exclusively in short-term securities.
Examples of investments in money market funds are certificates of deposit and U.S.
Treasury securities. Money market funds attempt to keep their net asset values at $1 per share.
MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses.
MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO). A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's.
NEGOTIABLE CERTIFICATE OF DEPOSIT (CD). A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or statelicensed branch of a foreign bank. Negotiable CDs are traded in a secondary market.
OFFER (ASK). An indicated price at which market participants are willing to sell a security. Also referred to as the “ask price”.
PAYDOWN. A reduction in the principal amount owed on a bond, loan or other debt.
PLACEMENT SERVICE DEPOSITS. A private service that allows local agencies to invest in FDICinsured deposits with one or more banks, savings and loans, and credit unions located in the United States. IntraFi (formerly known as CDARS) is an example of an entity that provides this service.
PREMIUM. The difference between the par value of a bond and the cost of the bond, when the cost is above par.
PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.
Government securities market.
PRUDENT INVESTOR (PRUDENT PERSON) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, F.2.a
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 19 skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” REGIONAL DEALER. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.
REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer’s name.
SECURITIES AND EXCHANGE COMMISSION (SEC). The U.S. Securities and Exchange Commission (SEC) is an independent federal government agency responsible for protecting investors, maintaining fair and orderly functioning of securities markets and facilitating capital formation. It was created by Congress in 1934 as the first federal regulator of securities markets. The SEC promotes full public disclosure, protects investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United States.
SECURITIES AND EXCHANGE COMMISSION SEC) RULE 15C3-1. An SEC rule setting capital requirements for brokers and dealers. Under Rule 15c3-1, a broker or dealer must have sufficient liquidity in order to cover the most pressing obligations. This is defined as having a certain amount of liquidity as a percentage of the broker/dealer's total obligations. If the percentage falls below a certain point, the broker or dealer may not be allowed to take on new clients and may have restrictions placed on dealings with current client.
STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.
TOTAL RATE OF RETURN. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
TREASURY BILLS. All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.
TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.
VOLATILITY. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make 20 YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its c
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Attachment: Resolution 36-25 Approval of Investment Policy for Fiscal Year 2025-26 and Delegation of Investment Authority to Make
CITY OF ORINDA, CALIFORNIA
INVESTMENT POLICY
ADOPTED – October 1, 2024 (RESOLUTION No.45-24)
CONTENTS
I. INTRODUCTION..................................................................................................................................................... 1 II. SCOPE ........................................................................................................................................................... 1 III. OBJECTIVES .............................................................................................................................................. 2 IV. DELEGATION OF AUTHORITY ....................................................................................................................... 2 V. PRUDENCE ..................................................................................................................................................... 3 VI. ETHICS AND CONFLICTS OF INTEREST ......................................................................................................... 4 VII. INTERNAL CONTROLS ................................................................................................................................. 4 VIII. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS EXTERNAL INVESTMENT ADVISERS ............................................................................................................................................................... 4 IX. INVESTMENT POOLS/MUTUAL FUNDS .......................................................................................................... 5 X. COLLATERALIZATION ...................................................................................................................................... 6 XI. DELIVERY, SAFEKEEPING AND CUSTODY ..................................................................................................... 6 XII. AUTHORIZED INVESTMENTS ........................................................................................................................ 7 XIII. MAXIMUM MATURITY ................................................................................................................................ 12 XIV. PROHIBITED INVESTMENT VEHICLES AND PRACTICES ................................................................................. 12 XV. RISK MANAGEMENT AND DIVERSIFICATION ................................................................................................ 13 XVI. REVIEW OF INVESTMENT PORTFOLIO ......................................................................................................... 14 XVII. PERFORMANCE EVALUATION................................................................................................................ 14 XVIII. REPORTING ......................................................................................................................................... 14 XIX. REVIEW OF INVESTMENT POLICY ............................................................................................................... 15 GLOSSARY OF INVESTMENT TERMS................................................................................................................... 16 F.2.b
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 1 I. INTRODUCTION
The City of Orinda was incorporated on July 1, 1985, and is located in the East Bay area within 20 minutes of downtown San Francisco. The City operates under a CouncilManager form of government and provides municipal services that include public safety, public works, parks and recreation, and community development. The City Council consists of five members with the position of Mayor and Vice Mayor chosen by the Council. The Council serves as the policy board for the City.
The City of Orinda has a fiduciary responsibility to maximize the productive use of assets entrusted to its care and to invest and manage those public funds wisely and prudently with the overriding objectives to preserve principal and provide sufficient liquidity while seeking a market-rate of return. The purpose of this investment policy is to identify various policies and procedures that will foster a prudent and systematic investment program designed to seek the City of Orinda's objectives of safety, liquidity and yield through a diversified investment portfolio. This policy also serves to organize and formalize the City's investment-related activities, while complying with all applicable statutes governing the investment of public funds.
II. SCOPE
This policy covers all funds and investment activities under the direct authority of the City, as set forth in the State Government Code, Sections 53600 et seq., with the following exceptions:
• Retirement Plans offered to City Employees including the 457 Deferred Compensation Plan, and 401(a) Defined Contribution Plan are excluded because the Plans are administered by a third-party administrator and held in trust for the exclusive benefit of participants and are not assets of the City. Individual plan participants select the investments from those offered under the Plans.
• Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds are to be invested pursuant to the permitted investment provisions of their specific bond indentures.
• Any other funds specifically exempted by the City Council.
POOLING OF FUNDS
Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration.
Investment income shall accrue solely to the General Fund except where required by law, or other binding agreement, in which case interest shall accrue to other funds based upon the fund's proportionate ratio of balances to total pooled cash. Investment income shall not be credited to individual reserve accounts, except where required by law. Investment income shall be credited no less than annually.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 2 III. OBJECTIVES
The City's overall investment program shall be designed and managed with a degree of professionalism worthy of the public trust. The overriding objectives in order of priority shall be:
• SAFETY. Safety of principal is the foremost objective of the investment program.
Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.
• LIQUIDITY. The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated.
• YIELD. Yield should become a consideration only after the basic requirements of safety and liquidity have been met. The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs.
IV. DELEGATION OF AUTHORITY
Authority to manage the City's investment program is derived from California Government Code, Sections 41006 for City Treasurers and 53600 et seq. The City Council is responsible for the policy level management of City funds, including the adoption and review of this investment policy. The day-to-day management of idle cash and investment transactions is the responsibility of the Administrative Services Director/City Treasurer. The Administrative Services Director is designated as the City Treasurer, in accordance with a Resolution specifying the job description adopted by the City Council.
As authorized in Government Code Section 53607, the City Council delegates the authority to invest funds of the City to the Administrative Services Director/City Treasurer and/or any duly appointed Deputy Treasurer. The City Treasurer and any duly appointed Deputy City Treasurer shall make all investment decisions and transactions in accordance with State law and this investment policy. The Administrative Services Director/City Treasurer has designated the City Manager as Deputy City Treasurer for the purpose of carrying out investment transactions, at such times as the Administrative Services Director/City Treasurer is unavailable.
The City shall strive to maintain the level of investment of all idle funds as near 100 percent as possible through daily and projected cash flow determinations. The City's cash management system should monitor and forecast revenues and expenditures, thus insuring the investment of monies to the fullest extent possible. The Administrative Services Director will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 3 Services Director to be consistent with this policy.
The City Council may authorize engaging the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. The selection process will follow standard City and industry practices for selecting a qualified firm to provide investment advisory services. The contract for such services must be reviewed and approved by the City Attorney. Under the review by the Administrative Services Director external investment advisers are granted discretion to purchase and sell investment securities in accordance with this investment policy. On February 15, 2015 the City Council authorized an agreement with Chandler Asset Management which serves as the external investment manager pursuant to this policy.
The contract was fully executed in May 2015 and the initial investment services focused on GO Bond proceeds. The Orinda Reserve portfolio management services began in February 2016.
The City's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City intends to hold its investments to maturity in order to maximize its return on its investments and minimize its exposure to potential losses resulting from temporary declines in the market values of its investments.
However, if a decline in the market value of a security is deemed by the Administrative Services Director in consultation with the external Investment Manager, to be permanent, the security may be sold early to minimize the loss of principal. Although there may be opportunities to resell securities, this type of regular trading is not recommended.
V. PRUDENCE
Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
"... all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law."
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 4 VI. ETHICS AND CONFLICTS OF INTEREST
Employees and officials involved in the investment process shall at all times comply with each of the following:
- Recognize that the process is subject to public review - Act as a custodian of the public trust
- Recognize that their professional duties, loyalties, and responsibility are solely to the City
- Submit to the City statements of economic interest under the Political Reform Act (Government Code section 81000 et seq.)
- Not engage in any activity or have any interest that would result in a conflict of interest or the appearance of a conflict interest under the Political Reform Act, the common law, or Government Code section 1090 et seq.
- Not engage in any activity or have any interest that could interfere with unbiased involvement in the investment process (e.g., by impairing their ability to make impartial investment decisions).
VII. INTERNAL CONTROLS
The Administrative Services Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management.
Periodically, as deemed appropriate by the City and/or the City Council, an independent analysis by an external auditor may be conducted to review internal controls, account activity and compliance with policies and procedures.
VIII. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS EXTERNAL
INVESTMENT ADVISERS
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded and presented as part of the information on the Trade Ticket. If there is no other readily available competitive offering, the investment adviser shall make their best efforts to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities as the same original issue price.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 5 PROCESS IF CITY DOES NOT ENGAGE PROFESSIONAL EXTERNAL INVESTMENT ADVISOR If the City Administrative Services Director is directly completing investment transactions without an external investment adviser, to the extent practical, the Administrative Services Director shall endeavor to complete investment transactions using a competitive bid process whenever possible. The City's Administrative Services Director will determine which financial institutions are authorized to provide investment services to the City. It shall be the City's policy to purchase securities only from authorized institutions and firms.
The Administrative Services Director shall maintain procedures for the establishing a list of authorized broker/dealers and financial institutions which are approved for investment purposes that are selected through a process of due diligence determined by the City.
These institutions may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (uniform net capital rule).
In accordance with Section 53601.5, institutions eligible to transact investment business with the City include:
• Institutions licensed by the state and proof FINRA certification as broker-dealer, as defined in Section 25004 of the Corporations Code.
• Primary government dealers as designated by the Federal Reserve Bank of New York and non-primary government dealers.
• Nationally or state-chartered banks.
• Savings association or federal association (as defined in Section 5102 of the Financial Code).
• The Federal Reserve Bank of New York.
• Direct issuers of securities eligible for purchase.
All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Administrative Services Director with a statement certifying that the institution has reviewed the California Government Code, Section 53600 et seq. and the City's investment policy.
Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.
IX. INVESTMENT POOLS/MUTUAL FUNDS
Participation in the Local Agency Investment Fund (LAIF) managed by the State Treasurer shall be an authorized investment under this policy. Participation in any other pool or mutual fund shall require approval of the City Council upon investigation of the investment pool/mutual fund legal structure, objectives, and suitability as a component of the City portfolio.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 6 The City shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. Annually, the Administrative Services Director shall seek responses to the following questions from any investment pool or mutual fund in which the City invests:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. • A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
• A schedule for receiving statements and portfolio listings. • Are reserves, retained earnings, etc. utilized by the pool/fund? • A fee schedule, and when and how it is assessed.
• Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds? X. COLLATERALIZATION
CERTIFICATES OF DEPOSIT (CDS). The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a Non-Negotiable Certificate of Deposit. The value of eligible securities as defined pursuant to California Government Code, Section 53651, pledged against a Certificate of Deposit shall be equal to 150% of the face value of the CD if the securities are classified as mortgages and 110% of the face value of the CD for all other classes of security.limit the value of investments in CD's held by a single institution to the maximum insured value by the FDIC.
COLLATERALIZATION OF DEPOSITS. Process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing the repayment of deposited funds.
The type and value of eligible securities is as defined by California Government Code, Section 53651.
XI. DELIVERY, SAFEKEEPING AND CUSTODY
DELIVERY-VERSUS-PAYMENT (DVP). Settlement of all investment transactions will be completed using standard delivery-versus-payment procedures.
SAFEKEEPING AND CUSTODY. To protect against potential losses due to failure of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all cash and securities in the City's portfolio shall be held in safekeeping in the City's name by a third party custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. All investment transactions will require a safekeeping receipt or acknowledgment generated from the trade. The F.2.b
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 7 custodian shall provide a monthly report to the City listing all securities held in safekeeping with current market data and other information. The Administrative Services Director shall implement procedures to review and reconcile the custodian statements on a regular basis.
The only exceptions to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and, (iii) mutual funds and money market mutual funds, since the purchased securities are not deliverable.
XII. AUTHORIZED INVESTMENTS
The City's investments are governed by California Government Code, Sections 53600 et seq. The City intends for the investments permitted by this policy to be more restrictive than what is authorized in the Government Code. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence.
Percentage holding limits and minimum credit requirements listed in this section apply at the time the security is purchased.
Any investment held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity, provided it is disclosed as an exception at each reporting period. At the time of the investment's maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and issuer to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
1. MUNICIPAL SECURITIES include obligations of the City, the State of California, and any local agency within the State of California, provided that the following criteria is met:
• The securities are rated in a rating category of "A" or its equivalent or better by at least one Nationally Recognized Statistical Rating Organization (“NRSRO”).
• No more than 5% of the total portfolio may be invested in any issuer. • No more than 30% of the total portfolio may be in Municipal Securities. • The maximum maturity does not exceed five years.
2. MUNICIPAL SECURITIES (REGISTERED TREASURY NOTES OR BONDS) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 8 • The securities are rated in a rating category of "A" or its equivalent or better by at least one NRSRO.
• No more than 5% of the total portfolio may be invested in any single issuer. No more than 30% of the total portfolio may be in Municipal Securities.
• The maximum maturity does not exceed five years.
3. U.S. TREASURIES and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S.
Treasuries, provided that the following criteria is met:
• The maximum maturity does not exceed five years.
4. FEDERAL AGENCIES or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in Federal Agency or GovernmentSponsored Enterprises (GSEs), provided that the following criteria is met:
• No more than 30% of the total portfolio may be invested in any Agency/GSE issuer. The maximum maturity does not exceed five years. • No more than 20% of the total portfolio may be invested in callable agency securities.
5. BANKERS’ ACCEPTANCES, provided that the following criteria is met:
• They are issued by institutions which have short-term debt obligations rated "A1" or its equivalent or better by at least one NRSRO; or long-term debt obligations which are rated in the "A" category or its equivalent or better by at least one NRSRO.
• No more than 40% of the total portfolio may be invested in Bankers' Acceptances.
• No more than 5% of the total portfolio may be invested in any issuer. • The maximum maturity does not exceed 180 days.
6. FEDERALLY INSURED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that the following criteria is met:
• The amount per institution is limited to the maximum covered under Federal Deposit Insurance Corporation or the National Credit Union Administration. • No more than 20% of the total portfolio will be invested in a combination of federally insured and collateralized time deposits.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 9 • The maximum maturity does not exceed five years.
7. COLLATERALIZED TIME DEPOSITS (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that the following criteria is met:
• No more than 20% of the total portfolio will be invested in a combination of federally insured and collateralized time deposits.
• The maximum maturity does not exceed five years.
8. PLACEMENT SERVICE DEPOSITS, provided that the following criteria is met and as allowed under California Government Code section 53601.8:
• No more than 30% of the total portfolio may be invested in a combination of Certificates of Deposit, including those transactions using a qualifying placement service deposits.
• The full amount of each deposit along with accrued interest must at all times be insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA).
• Under a provision sunsetting on January 1, 2031, no more than 50% of the portfolio may be invested in deposits through a placement service, including Certificates of Deposit, if the Agency is a city, district or local agency that does not pool money with other local agencies.
• The maximum maturity does not exceed five years.
9. NEGOTIABLE CERTIFICATES OF DEPOSIT (NCDS), provided that the following criteria is met:
• The amount of the NCD insured up to the FDIC limit does not require any credit ratings.
• For any amount above the FDIC insured limit they must be issued by institutions which have short-term debt obligations are rated "A-1" or its equivalent or better by at least one NRSRO; or long-term obligations are rated in the "A" category or its equivalent or better by at least one NRSRO.
• No more than 30% of the total portfolio may be invested in NCDs. • No more than 5% of the total portfolio may be invested in any issuer. The maximum maturity does not exceed five years.
10. COLLATERALIZED BANK DEPOSITS. The City's deposits with financial institutions will be collateralized with pledged securities per California Government Code, Section 53651 and a maximum maturity not exceeding five years.
11. COMMERCIAL PAPER, provided that the following criteria is met:
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 10 a. If issued by a corporation:
1. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million.
2. They are issued by corporations which have long-term obligations rated in the "A" category or its equivalent or better, if the issuer has long-term ratings, by at least one NRSRO.
b. If issued by other entities:
1. The issuer is organized within the United States as a special purpose corporation, trust, or limited liability company.
2. The securities must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit or a surety bond. • The securities are rated "A-1" or its equivalent or better by at least one NRSRO. • No more than 25% of the total portfolio may be invested in Commercial Paper. • No more than 10% of the outstanding commercial paper issued by any single issuer.
• No more than 5% of the total portfolio may be invested in any issuer. • The maximum maturity does not exceed 270 days.
12. STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF), provided that the following criteria is met:
• The City may invest subject to the maximum permitted balance established by LAIF.
13. LOCAL GOVERNMENT INVESTMENT POOLS (LGIP)
• Other LGIPs are permitted provided that the City Council takes a separate action to authorize the LGIP and it is added to this policy.
14. Shares of Beneficial Interest Issued by a Joint Powers Authority (JPA) • The JPA is organized pursuant to California Government Code Section 6509.7 and invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive.
• Each share shall represent an equal proportional interest in the underlying pool of securities owned by the JPA.
• The JPA has retained an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years’ experience investing in instruments authorized by Section 53601, subdivisions (a) to (o).
14.15. CORPORATE MEDIUM TERM NOTES (MTNS), provided that the following criteria is met:
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 11 • The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
• The securities are rated "A" or its equivalent or better by at least one NRSRO. • No more than 30% of the total portfolio may be invested in MTNs. • No more than 5% of the portfolio may be invested in any one issuer. • The maximum maturity does not exceed five years.
15.16. ASSET-BACKED, MORTGAGE-BACKED, MORTGAGE PASS-THROUGH SECURITIES,
AND COLLATERALIZED MORTGAGE OBLIGATIONS FROM ISSUERS NOT DEFINED IN SECTIONS 3 AND 4 OF THE AUTHORIZED INVESTMENTS SECTION OF THIS POLICY, provided that the following criteria is met:
• The securities are rated "AA" or the equivalent or better by a NRSRO. • No more than 20% of the total portfolio may be invested in these securities. • No more than 5% of the total portfolio may be invested in any Asset-Backed or Commercial Mortgage security issuer. There is no issuer limitation on any Mortgage security where the issuer is the US Treasury or a Federal Agency/GSE. • The maximum maturity does not exceed 5five years.
16.17. MUTUAL FUNDS AND MONEY MARKET MUTUAL FUNDS that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that the following criteria is met:
a. No more than 20% of the total portfolio may be invested in these securities. b. MUTUAL FUNDS that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
3. No more than 10% of the total portfolio may be invested in shares of any one mutual fund.
c. MONEY MARKET MUTUAL FUNDS Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) The company shall meet either of the following criteria:
1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' F.2.b
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 12 experience managing money market mutual funds with assets under management in excess of $500 million.
3. No more than 20% of the total portfolio may be invested in Money Market Mutual Funds.
17.18. SUPRANATIONALS, provided that the following criteria is met:
• The issue purchased shall be U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank.
• Issues are "eligible for purchase and sale within the United States." • The securities are rated in the "AA" category or its equivalent or better by a NRSRO.
• No more than 30% of the total portfolio may be invested in these securities. • No more than 10% of the total portfolio per issuer
• The maximum maturity does not exceed five years.
XIII. MAXIMUM MATURITY
To the extent possible, the overall portfolio and investments shall take into consideration anticipated cash flow requirements and known future liabilities.
The City will not invest in securities maturing more than five years from the date of trade settlement, unless the City Council has by resolution granted authority to make such an investment at least three months prior to that investment.
XIV. PROHIBITED INVESTMENT VEHICLES AND PRACTICES
• State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. • In accordance with Government Code, Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited. • Investment in any security that could result in a zero interest accrual if held to maturity is prohibited.
• Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.
• Purchasing or selling securities on margin is prohibited. • The use of repurchase agreements and reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 13 • The purchase of foreign currency denominated securities is prohibited. • The purchase of a security with a forward settlement date exceeding 45 days from the time of the investment is prohibited.
XV. RISK MANAGEMENT AND DIVERSIFICATION
MITIGATING CREDIT RISK IN THE PORTFOLIO
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
• The diversification requirements included in the "Authorized Investments" section of this policy are designed to mitigate credit risk in the portfolio. • No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. • The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or the City's risk preferences.
• If securities owned by the City are downgraded by a NRSRO to a level below the quality required by this investment policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.
• If a security is downgraded, the Administrative Services Director/ City Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. Downgraded securities will be reported to the City Council in the quarterly investment report.
• If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.
MITIGATING INTEREST RATE RISK IN THE PORTFOLIO
Market risk includes the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.
The City further recognizes that certain types of securities, including variable rate securities, securities with principal pay downs prior to maturity, and securities with F.2.b
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 14 embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
• The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements. • The maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy.
• The duration of the portfolio will strive at all times be approximately equal to the duration (typically, plus or minus 20%) of a market benchmark, an index selected by the City based on the City's investment objectives, constraints and risk tolerances.
XVI. REVIEW OF INVESTMENT PORTFOLIO
The Administrative Services Director shall periodically, but no less than quarterly, review the portfolio to identify investments that do not comply with this investment policy and establish protocols for reporting major and critical incidences of noncompliance to the City Council. The compliance status shall be reported as part of the quarterly reporting.
XVII. PERFORMANCE EVALUATION
The investment portfolio shall be designed to attain a rate of return consistent with the overriding objectives of the program to preserve principal and provide sufficient liquidity.
The investment portfolio shall take into account the City's risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restrict investments.
The Administrative Services Director shall monitor and evaluate the portfolio's performance relative to market benchmark, which will be included in the Administrative Services Director's quarterly report. The Administrative Services Director in consultation with the external investment adviser, shall select an appropriate readily available index to use as a market benchmark. Benchmarks may change over time based on changes in market conditions or cash flow requirements.
XVIII. REPORTING
QUARTERLY REPORTS
Quarterly investment reports will be submitted by the Administrative Services Director to the City Council within 45 days after the end of the quarter. These reports will disclose, at a minimum, the following information about the characteristics of the City's portfolio in order to comply with GC 53646 (b):
1. These reports shall include the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments and moneys held by the City, and shall additionally include a description of any of the City's funds, investments, F.2.b
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 15 or programs, that are under the management of contracted parties, including lending programs. With respect to all securities held by the City, and under management of any outside party that is not also a local public agency or the State of California Local Agency Investment Fund, the report shall also include a current market value as of the date of the report, and shall include the source of this same valuation.
2. Monthly transactions for the period in accordance with California Government Code Section 53607.
3. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio and a timetable for resolution. Although this policy measures compliance at the time of purchase, any transactions or holdings that were in compliance at the time of purchase, and no longer comply shall also be disclosed and reviewed by the Treasurer.
4. A statement regarding whether the portfolio will allow the City to have adequate funds to meet its cash flow requirements for the next six months.
XIX. REVIEW OF INVESTMENT POLICY
The investment policy will be reviewed at least annually by the Finance Advisory Committee, which shall make a recommendation to the City Council regarding any recommended changes to address consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends.
The results of the review including any recommended modifications, amendments, and delegation of authority as described in Section IV, shall be presented by the Administrative Services Director/City Treasurer to the City Council for their consideration and adoption at a public meeting. For consistency it is recommended that the review be timed to occur no later than June 30th at the same time as the Annual Appropriations Limit Adoption.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 16 GLOSSARY OF INVESTMENT TERMS
AGENCIES. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market.
FHLB issues discount notes and bonds.
FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass-through securities.
FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds and mortgage pass-through securities.
GNMA. The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.
PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.
TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.
ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
AVERAGE LIFE. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.
BANKER’S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
BID. The indicated price at which a buyer is willing to purchase a security or commodity.
BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from their own position.
CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline, the issuer will likely call its current securities and reissue them at a lower rate of interest.
CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate.
CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SYSTEM (CDARS). A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.
COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 17 COLLATERALIZED BANK DEPOSIT. A bank deposit that is collateralized at least 100% (principal plus interest to maturity). The deposit is collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
COLLATERALIZED TIME DEPOSIT. Time deposits that are collateralized at least 100% (principal plus interest to maturity). These instruments are collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
COMMERCIAL PAPER. The short-term unsecured debt of corporations.
COUPON. The rate of return at which interest is paid on a bond.
CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for their own position.
DELIVERY VS. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
DISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a security to changes interest rates.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC). The Federal Deposit Insurance Corporation (FDIC) is an independent federal agency insuring deposits in U.S. banks and thrifts in the event of bank failures. The FDIC was created in 1933 to maintain public confidence and encourage stability in the financial system through the promotion of sound banking practices.
FEDERALLY INSURED TIME DEPOSIT. A time deposit is an interest-bearing bank deposit account that has a specified date of maturity, such as a certificate of deposit (CD). These deposits are limited to funds insured in accordance with FDIC insurance deposit limits.
FIDUCIARY. A person or organization that acts on behalf of another person(s) or organization that puts their clients’ interest ahead of their own as they are bound both legally and ethically to act in the other’s best interests.
JOINT POWERS AUTHORITY (JPA). An entity created by two or more public agencies that share a common goal in order to jointly exercise powers common to all members through a joint powers agreement.
LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
LIQUIDITY. The speed and ease with which an asset can be converted to cash.
LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.
LOCAL GOVERNMENT INVESTMENT POOL. Investment pools that range from the State Treasurer’s F.2.b
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 18 Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.
MAKE WHOLE CALL. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole."
MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral.
MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
MARKET VALUE. The price at which a security can be traded.
MATURITY. The final date upon which the principal of a security becomes due and payable. The investment’s term or remaining maturity is measured from the settlement date to final maturity.
MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis.
MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
MODIFIED DURATION. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.
MONEY MARKET. The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
MONEY MARKET MUTUAL FUND. A mutual fund that invests exclusively in short-term securities.
Examples of investments in money market funds are certificates of deposit and U.S.
Treasury securities. Money market funds attempt to keep their net asset values at $1 per share.
MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses.
MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO). A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's.
NEGOTIABLE CERTIFICATE OF DEPOSIT (CD). A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or statelicensed branch of a foreign bank. Negotiable CDs are traded in a secondary market.
OFFER (ASK). An indicated price at which market participants are willing to sell a security. Also referred to as the “ask price”.
PAYDOWN. A reduction in the principal amount owed on a bond, loan or other debt.
PLACEMENT SERVICE DEPOSITS. A private service that allows local agencies to invest in FDICF.2.b Packet Pg. 59
Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 19 insured deposits with one or more banks, savings and loans, and credit unions located in the United States. IntraFi (formerly known as CDARS) is an example of an entity that provides this service.
PREMIUM. The difference between the par value of a bond and the cost of the bond, when the cost is above par.
PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.
Government securities market.
PRUDENT INVESTOR (PRUDENT PERSON) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” REGIONAL DEALER. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.
REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer’s name.
SECURITIES AND EXCHANGE COMMISSION (SEC). The U.S. Securities and Exchange Commission (SEC) is an independent federal government agency responsible for protecting investors, maintaining fair and orderly functioning of securities markets and facilitating capital formation. It was created by Congress in 1934 as the first federal regulator of securities markets. The SEC promotes full public disclosure, protects investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United States.
SECURITIES AND EXCHANGE COMMISSION SEC) RULE 15C3-1. An SEC rule setting capital requirements for brokers and dealers. Under Rule 15c3-1, a broker or dealer must have sufficient liquidity in order to cover the most pressing obligations. This is defined as having a certain amount of liquidity as a percentage of the broker/dealer's total obligations. If the percentage falls below a certain point, the broker or dealer may not be allowed to take on new clients and may have restrictions placed on dealings with current client.
STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.
TOTAL RATE OF RETURN. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury F.2.b
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) 20 issues both discounted securities and fixed coupon notes and bonds.
TREASURY BILLS. All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.
TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.
VOLATILITY. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.
YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
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Attachment: Investment Policy (redlined) (3648 : Annual Investment Policy Review And Authorize City Treasurer 2025) City Council
Staff Report
Agenda Item: F.3
Date: June 17, 2025
Department: Finance
AGENDA TITLE: Acceptance of the Library Parcel Tax Independent Review Annual Report for the Period Ending (June 30, 2024)
RECOMMENDATION:
Accept the Report for the period ending June 30, 2024.
BACKGROUND:
The Library Parcel Tax measure approved by Orinda voters on June 5, 2018, provided for an annual review of parcel tax revenue and expenditures by an Independent Library Parcel Tax Review Committee (Committee). The Committee reviewed a Draft of the report for the fiscal year ending June 30, 2024, at their meetings conducted on September 25, 2024, and May 29, 2025.
DISCUSSION:
The Committee consists of eight members. The Friends of the Orinda Library selects three members, and all five members of the Finance Advisory Committee serve on this separate Committee. Ms. Linda Landau of the Friends of the Orinda Library serves as the Chair of the Committee.
Attachment 1 is the Annual Report prepared outlining the revenue and expenditures in Fiscal Year 2023-24 for the voter approved Library Parcel Tax. The report includes excerpts from the Annual City Audited Financial Statements plus additional detail and discussion of line-item expenses. The report also provides an overview of the General Fund contributions towards the joint operation of the facility, given that utilities and services are provided to the entire facility including the Auditorium and areas not used exclusively for Library Services.
FISCAL IMPACT:
In Fiscal Year 2023-24, the Library Parcel Tax collected was $527,988 and Expenditures for the year totaled $516,888. This allowed a contribution of $23,398 to reserves. The reserves as of June 30, 2024, were $513,365 and they will be used in the future to fund annual operating costs.
ATTACHMENTS:
A. Library Parcel Tax Independent Review Financial Report 2024 Respectfully Submitted by:
Douglas Alessio
Assistant City Manager
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Prepared By: Douglas Alessio, Assistant City Manager
Approved by:
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2023
Library Parcel Tax Independent
Review Financial Report
Parcel Tax Review
Committee May 29, 2025
Linda Landau, Chair
Fran Strykowski, Vice Chair
James Keefe, Member
Joan Kiekhaefer, Member
Brad Scott, Member
Wendy Wee, Member
Amy Worth, Member
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
Purpose
On June 5, 2018, the voters in Orinda approved Measure J which authorized an increase of $30 to an existing parcel tax to create a total tax of $69 per residential equivalent parcel.
This is a special tax and the passage required two-thirds voter approval. The tax is levied in order to maintain library hours and services; replace worn and outdated materials; undertake building maintenance and repairs; and continue library programs for children, families and seniors. The collection of the tax at the higher rate began July 1, 2018. Chapter 3.32 Special Library Services Parcel Tax was added to the Orinda Municipal Code establishing the requirements for administering the funds. Section 3.32.050 establishes an independent review committee to review the collection and expenditure of the tax revenues. All revenue is to be used for the library purposes identified in the measure. The fiscal year ending June 30, 2019, was the first full year of the increased tax.
Background
On September 4, 2018, the City Council adopted Resolution 62-18 establishing the bylaws for the Library Parcel Tax Review Committee. The Committee is comprised of 8 members (the 5 members of the Finance Advisory Committee and 3 Members selected by the Friends of the Orinda Library).
The Orinda Library (the “Library”) operates as a partnership between the Friends of the Orinda Library, City of Orinda (the “City”), and the Contra Costa County Library System.
The Library building is owned by the Friends of the Orinda Library and leased to the City of Orinda under the terms of a 50-year lease which terminates October 6, 2051. The lease does not require the payment of rent by the City, but rather requires the City to perform specific items and maintain conditions to allow for the operation of the library. The lease provides the option for the City to purchase the building for $1.00 in 2051. The land on which the facility was constructed is owned by the City.
The Contra Costa County Library system is comprised of 26 libraries countywide staffed and managed by the County. In Fiscal Year 2021-2022, the Orinda Branch was scheduled to operate 56 hours per week. The County funds a base service level of 40 hours per week with the City parcel tax funding the remaining 16 hours. This includes the professional library staff, materials (including books and other media); information technology support services for the circulation and loaning of materials; etc. In May of 2020, the County Library announced that Sunday hours would be eliminated system-wide beginning in the 2020-2021 fiscal year. The additional 16 hours is the maximum extra hours the County will allow the City to purchase and there is currently no option to operate Sundays.
In addition to funding the additional 16 hours of Library operations the City parcel tax pays for much of the base operating costs, including utilities, janitorial service, and most minor maintenance activities. With the building surpassing 20 years in age, there is a need to begin addressing major building components.
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
These partnerships, and particularly the funding from the Parcel Tax, allow the City to make available to the entire community enhanced library services which are widely used by Orinda residents.
Annual Audit
The City obtains an independent annual audit of its financial statements and completes an Annual Comprehensive Financial Report (ACFR). The City Council has selected Badawi & Associates as its independent auditors. The complete June 30, 2024 ACFR is available on the City website at https://www.cityoforinda.org/436/Most-Recent-AuditedFinancial-Statements. Excerpts relevant to the Library Parcel Tax are attached to this report.
For the fiscal year ending June 30, 2024, Badawi and Associates has issued a “clean” opinion. This states that based on their independent review and testing, the financial statements are fairly presented in all material respects. The auditors’ opinion covers the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information presented in the ACFR. This is the highest opinion an agency can receive. The auditor’s opinion is included on page 1 of the ACFR.
Parcel Tax Reporting - Governmental Special Revenue Fund The ACFR is comprised of financial statements and schedules for the various funds used to account for the City’s revenue and expenditures. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Orinda, like other federal, state, and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements.
The Library Parcel Tax Revenue and Expenditures are reported in a separate fund as required by the measure and as described below.
Annual Report Schedules / Excerpts Related to Library Parcel Tax (Attachments A- C) Information related to the Library Parcel Tax Fund (Fund #520) is shown on the attached excerpts from the City’s ACFR.
• Attachment A – Balance Sheet (Page 114 of ACFR)
• Attachment B – Statement of Changes in Fund Balance (Page 120 of ACFR) • Attachment C – Schedule of Budget to Actual (Page 128 of ACFR) The report provided with the Audit illustrates a high-level summary of the activity within the fund. For Fiscal Year 2023-24 the fund had total revenue of approximately $540,285 and expenditures of $516,889. Additional discussion of the detail is provided later in this report. As noted, the balance remaining in the fund as of June 30, 2024, is $513,363.
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
Detailed Revenue and Expenditure Analysis (Attachment D) The audited ACFR schedules that are produced provide summary financial information. In order to fully understand the uses of the parcel tax revenue, City Finance Staff have prepared a separate schedule that includes line-item detail. It also compares the budget to actual and includes the prior fiscal year data for historical comparison. The format of the report is very similar to reports discussed in the past with the City Council / Friends of the Orinda Library Facility Steering Committee. This schedule is provided as Attachment D.
The following narrative explains key components of the detailed report which relates to revenue and expenses of the Library Parcel Tax Fund:
Revenue – The total taxes collected were $527,998 and the City also allocated $12,297 in interest to the fund. The tax revenue was $897 more than the adopted budget. For budget purposes the City estimated a small addition of units to be completed citywide.
The tax rate does not change as there is no inflation adjustment and the only opportunity for growth is from additional units constructed. The increase in tax revenue over the previous year was about $897 (or 0.4%).
Library Services Expenditures – The largest component of the annual expenditures was for Contra Costa County Library Services representing the additional 16 hours per week that the Library is open due to the availability of this funding. The cost in Fiscal Year 2023-24 was $155,623 and this represented 30.1% of the parcel tax operating expenditures. This is an increase of $7,452 or 5.0% over Library Services expenditures in the prior fiscal year which is due partially to increased information technology costs.
Facilities Maintenance – The total of these expenditures was $100,041 which was
19.4% of the operating expenditures. The largest component was for Repairs and improvements which dropped $7,163 (or 15.7%) from the prior fiscal year. Building Maintenance costs includes regular preventative maintenance for the heating & ventilation system, fire sprinklers, elevator, etc. as well as special repairs. The Building Maintenance costs dropped to $23,600 in the current fiscal year from $42,979 in Fiscal Year 2022-23, a decrease of $19,379 (or 45.1%) primarily related to maintenance cost for the elevator.
Utilities – The total cost for utilities was $172,758 accounting for 33.4% of the total operating expenditure. Among the higher costs were electric utilities, which accounted for 65% of total Utilities costs and the natural gas accounted for 24%. Telephone, sewer, and water charges have been fairly consistent year over year and make up the remaining 11% of costs captured in the Utilities category.
Other Services – The total cost represents approximately 2.3% of the operating expenses. In order to collect the special tax, the City engages a firm to prepare and submit the tax roll and respond to taxpayer inquiries. The cost of this work was $6,415.
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
The second component is the cost incurred from the County Tax Collector to collect and remit the tax. The cost charged by the County Tax Collector was $5,686.
Earthquake Insurance Expense – The cost of earthquake insurance was $19,195 and accounted for 3.7% of the total operating expenditures. The provision of this coverage is a specific requirement of the lease with the Friends of the Orinda Library. The coverage renews each May 1st. In 2020, the Friends reviewed the lease terms and indicated that at that time they wished to have the coverage continue without an amendment to the lease.
Capital Expense – There were $57,171of Capital Expenses incurred during Fiscal Year 2023-24 related to the ongoing HVAC system upgrades. There are two Projects scheduled to occur in the Fiscal Year 2024-25 as detailed in the table on the next page.
Shared Cost of Facility Operations
A portion of the Library facility operating costs are paid for by the City General Fund, in order to acknowledge the shared use of the facility. Prior to FY 2017-18 the Library costs shown in the City Financial Statements were only identified in the Library Fund. The City now accounts for General Fund Library expenses as a separate Department in order to more closely track the allocation of costs. This includes shared expenses for utilities, maintenance, and repairs.
In Fiscal Year 2023-24 the following non-parcel tax expenditures were made by the City, which contributed towards the operation of the facility. This General Fund summary expenditure is illustrated on page 98 of the ACFR.
General Fund Maintenance expenses $ 13,478
General Fund Repairs & Improvements 5,962
General Fund Utilities 38,991
General Fund – Property Insurance 3,387
Total Non-Parcel Tax Contributions $ 61,818
Looking Forward
Annually, as part of the Budget process, the City examines the shared costs for the facility. The current Orinda Library was completed and opened to the community on October 7, 2001. The City Council obtained a building assessment report in 2018 which estimated that there will be $2.7 million worth of required maintenance expenses over the next 20 years. The Capital Improvement Plan (CIP) is used to identify and schedule improvements over a multi-year period. The CIP is updated annually and funded projects scheduled to occur during the biennial budget period are included in the Budgeted Appropriations authorized by the City Council.
Since the CIP covers a six-year planning period, the future year projections are shown for planning purposes only and are subject to change over time. The table below details the projects which are programed in the CIP for the Fiscal Year 2024-25.
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
CURRENTLY FUNDED LIBRARY CIP PROJECTS
As per the purpose stated in the Parcel Tax, the funding for future capital projects will not be programmed from Parcel Tax proceeds.
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
ATTACHMENT A – EXCERPT FROM THE CITY OF ORINDA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDED ON JUNE 30, 2024
BALANCE SHEET (Page 114)
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
ATTACHMENT B – EXCERPT FROM THE CITY OF ORINDA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDING ON JUNE 30, 2024
CHANGES IN FUND BALANCE (Page 120)
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
ATTACHMENT C – EXCERPT FROM THE CITY OF ORINDA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR ENDED ON JUNE 30, 2024
BUDGET TO ACTUAL (Page 128)
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) Library Parcel Tax Independent Review Committee
Annual Financial Report
For The Fiscal Year Ending June 30, 2024
Audited Results
ATTACHMENT D – Detailed Revenue and Expenditure Analysis F.3.a
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Attachment: Library Parcel Tax Independent Review Financial Report 2024 (3649 : Library Parcel Tax Independent Review (June 30, 2024)) City Council
Staff Report
Agenda Item: F.4
Date: June 17, 2025
Department: Human Resources
AGENDA TITLE: Approval of a Memorandum of Understanding (MOU) between the City of Orinda and Teamsters Local No. 856 and Approval of a Revision to the City's Personnel Rules Introductory Period
RECOMMENDATION:
Adopt Resolution No. 33-25, Approving the Memorandum of Understanding between the City of Orinda and Teamsters Local No. 856 for the Period of July 1, 2025 - June 30, 2029, and adopt Resolution No. 34-25 Approving an Amendment of the Personnel Rules Introductory Period.
BACKGROUND:
In October 1997, the City of Orinda formally recognized the Orinda Employees' Association (OEA) as the exclusive bargaining representative for the General Employees unit.
On October 23, 2001, the represented employees affiliated with Public Employees Union, Local One, following submission of a recognition petition.
On February 23, 2010, after another recognition petition and a unit election, representation transitioned to Teamsters Local Union No. 856.
The terms and conditions of employment for the City’s General Employees bargaining unit are outlined in a Memorandum of Understanding (MOU). This bargaining unit includes 22.5 authorized full-time equivalent (FTE) positions across all City departments. The current MOU, approved by the City Council Resolution No. 33-22 on July 5, 2022, covers the period from July 1, 2022, through June 30, 2025.
Negotiations for a successor agreement began in March 2025, and concluded with a tentative agreement being reached on April 30, 2025. The agreement was then ratified by the Union membership on May 12, 2025.
DISCUSSION:
The proposed MOU outlines the terms and conditions of employment for represented employees for the period of July 1, 2025, through June 30, 2029. The agreement includes a range of updates, spanning from minor wording clarifications to more substantive revisions to the current MOU. A redlined version of the proposed changes is included as Attachment B.
Additionally, the City and Teamsters Local No. 856 have agreed to a revision to the City’s Personnel Rules regarding the length of the Introductory (Probationary) Period for new and promoted employees. The proposed change is discussed later in this staff report and reflected in a resolution included as Attachment C.
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The sections below highlight the key changes included in the updated MOU. • Term of Agreement: Four (4) year term - July 1, 2025 through June 30, 2029 (Article 1 Recognition and Term)
• Wages: Under the previous MOU, wages were last adjusted with a 3% increase effective July 13, 2024. Subject to City Council approval, the new agreement provides for the following general salary increases: 5.0% effective July 12, 2025;
4.0% effective July 11, 2026; 3.0% effective July 10, 2027; and 3.0% effective July 8, 2028. In addition, the City will fully transition all represented employees to the five-step salary structure, originally introduced through a Sideletter of Agreement with the Teamsters, Local 856 in October 2023. (Article 16 - Salary and Wage Schedule; Appendix A)
• End of Year Office Closure: This section has been updated to reflect that, for the duration of the agreement, most City offices will close between the Christmas and New Year holidays. The City Manager will adjust the schedule of observed holidays to ensure that no more than three (3) closure days require employees either to use accrued leave or take unpaid time if no leave is available.
Employees who prefer not to use leave or who lack sufficient leave may choose to work during the closure period, provided they develop a specific work plan that is reviewed and approved by their supervisor in advance. (Article 7.4 - End of Year Office Closure)
• Retiree Health Savings Account: This new subsection states that as soon as administratively possible after adoption of the 2025-2029 MOU, the City shall establish a Retiree Health Savings Account (RHSA) plan for employees and once established, shall contribute one hundred ten dollars ($110) per month for each eligible employee enrolled in the plan. (Article 8.3 Retiree Health Savings Account).
• Medical Insurance: This section outlines the structure of employee medical contributions and the cost-sharing approach for future premium increases.
Specifically, the City will continue to cover the first 4% of any year-over-year increase in Kaiser premium rates at each coverage level, with any remaining increase shared between the City and employees. While the cost-sharing formula remains unchanged, this section has been updated to reflect the most current premium rates and contribution amounts. Additionally, the example in the MOU Appendix B has been revised to illustrate current rates. (Article 9 - Medical Insurance)
• Dental Insurance: This section reflects an enhancement to the City's dental benefits. Currently, the dental plan provides a $1,000 annual maximum benefit with no orthodontia coverage. Under the revised terms, and effective as soon as administratively feasible, the City will offer dental insurance with a $2,000 annual maximum benefit and a $3,500 lifetime maximum for orthodontia. This section F.4
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also updates the City’s contribution to reflect the cost of the enhanced coverage. (Article 10 - Dental Insurance)
• Bereavement Leave: The current MOU provides three days of paid bereavement leave for employees following the death of a qualifying family member. In alignment with recent changes to California state law effective January 1, 2023, this section has been updated to allow employees to take up to five working days off for bereavement. The City will continue to provide pay for three of those five days. The definition of "qualifying family members" has also been updated to reflect current legal standards. (Article 14.9 Bereavement Leave)
• Performance-Based Salary Advancement: Since October 2023, the City has been transitioning new employees to a five-step salary schedule. A Sideletter Agreement established the current process for performance-based salary advancement, under which employees are eligible to advance one step within the five-step schedule if they receive a performance evaluation rating of "meets expectations" or higher. This process, in effect since the Sideletter was adopted on October 21, 2023, will now be formally incorporated into the MOU. (Article
16.4.2.1 - Performance-Based Salary Advancement)
• Longevity Pay: Longevity pay, first implemented through a Sideletter of Agreement in October 2023, provides additional compensation to employees based on their length of continuous service with the City. With the adoption of this agreement, the provision is now formally incorporated into the MOU. Eligible employees receive the following monthly payments: $100 for 10 to 14 years of service, $150 for 15 to 19 years, $200 for 20 to 24 years, and $250 for 25 or more years of service. (Article 16.6 - Longevity Pay)
• Safety Boots: The City provides a safety boot allowance for employees in designated job classifications requiring steel-toe work boots. Currently, the allowance is $250, provided either annually or biennially, depending on the classification. The proposed change increases the allowance to $325.
Additionally, the provision related to boot resoling is being removed, as it has been rarely utilized. (Article 18 - Uniform Allowance)
Resolution No. 33-25 approves the MOU between the City of Orinda and the City’s represented employees for the period of July 1, 2025, through June 30, 2029. This action also authorizes the City Manager to execute the revised Memorandum of Understanding (MOU) as outlined in this staff report. The MOU includes draft salary schedules effective July 12, 2025, through the end of the agreement on June 30, 2029, for all positions covered under the agreement.
Resolution No. 33-26 approves a negotiated update to the City’s Personnel Rules amending the Introductory (Probationary) Period for new and promoted employees as follows:
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• Introductory Period: The current six-month introductory period for all new hires and promotional appointments will be extended to twelve (12) months.
Additionally, the existing provision that allowed the City Manager to extend the introductory period by an additional six months is being removed. If adopted, this change will be reflected in the amended Personnel Rules. (Personnel Rules Article 5 - Introductory Period)
In addition, Staff is presenting a Consolidated Salary Schedule for Council consideration under a separate item on tonight’s agenda. This schedule combines the proposed salary rates for represented employees (as outlined in the MOU) and unrepresented employees into a single document, with an effective date of July 12, 2025.
NEXT STEPS:
If approved, Staff will work to implement the terms of the MOU as described in this report. Some of those implementation items, such as establishing an RHSA plan, may require future City Council action.
FISCAL IMPACT:
On an annualized basis, the first year of the agreement will result in a net increase in costs of approximately $165,000 (approximately $125,000 attributable to wage increases and $40,000 attributable to changes in benefit costs). Year-over-year cost increases for the next three years of the agreement are $100,000, $75,000 and $75,000 respectively.
Due to the timing of the labor negotiations, the budget assumptions in the recently adopted Biennial Budget for Fiscal Years 2025-26 and 2026-27 did not reflect all the costs resulting from the agreement. A budget change will be necessary to add $90,000 and $155,000 for Fiscal Years 2025-26 and 2026-27 respectively. This will be processed as part of the Salary Schedule update to provide the remaining funding necessary to implement this MOU. Approximately 90% of the increased costs will occur in the General Fund (Fund 100) with the remaining 10% of the increased costs occurring in the Gas Tax Fund (Fund 200), Measure R (Fund 106), and the Storm Water (Fund 514).
ATTACHMENTS:
A. Resolution 33-25 Approving the Memorandum of Understanding between the City of Orinda and the Teamsters Local 856 Represented Employees for the Period of July 1, 2025 to June 30, 2029
B. Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029
C. Resolution 34-25 Approving a Revision to Article 5 of Personnel Rules Regarding the Introductory Period
Respectfully Submitted by:
Ginger Staton
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Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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RESOLUTION NO. 33-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORINDA AND TEAMSTERS LOCAL 856
FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2029
WHEREAS, the term of the current memorandum of understanding between the City of Orinda and Teamsters Local 856 is set to expire on June 30, 2025; and WHEREAS, over the past few months, City of Orinda negotiators and Teamsters Local 856 representatives bargained in good faith regarding wages, hours and other terms and conditions of employment pursuant to the provisions of Section 3500, et. seq. of the Government Code of the State of California; and
WHEREAS, on April 30, 2025, the parties reached a tentative agreement; and WHEREAS, on May 12, 2025, the Teamsters Local 856 membership ratified the tentative agreement; and
WHEREAS, the attached successor Memorandum of Understanding between the City of Orinda and Teamsters Local 856 contains the terms and conditions of employment for the classifications represented by Teamsters Local 856 for the period of July 1, 2025 through June 30, 2029 (Exhibit A); and
WHEREAS, amendments will be necessary to the adopted budget for Fiscal Year 2025- 26 and Fiscal Year 2026-27 to reflect the increase. Those amendments will be included as part of a separate action on the salary schedule; and
WHEREAS, costs for Fiscal Year 2027-28 and Fiscal Year 2028-29 will be incorporated into the next biennial budget.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby approve the Memorandum of Understanding (MOU) between the City of Orinda and the Teamsters Local 856 represented employees for the period of July 1, 2025 through June 30, 2029.
BE IT FURTHER RESOLVED THAT that the City Manager is hereby authorized to execute the MOU, as well as implement all changes in terms and conditions of employment as stipulated within the document effective July 1, 2025.
Adopted by the City Council of the City of Orinda at a regular meeting on June 17, 2025, by the following vote:
AYES: COUNCILMEMBERS:
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Attachment: Resolution 33-25 Approving the Memorandum of Understanding between the City of Orinda and the Teamsters Local 856 NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Latika Malkani, Mayor
_________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 33-25 Approving the Memorandum of Understanding between the City of Orinda and the Teamsters Local 856
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF ORINDA
AND
TEAMSTERS LOCAL UNION NO. 856
(GENERAL EMPLOYEES' UNIT)
July 1, 2022 2025 - June 30, 20252029
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TABLE OF CONTENTS
(Pagination may change when updates are made)
TITLE PAGE……………………………………………………………………………….. i
TABLE OF CONTENTS…………………………………………………………………... ii
DEFINITIONS……………………………………………………………………………… iii
RECOGNITION AND TERM…………………………………………………….……….
SCOPE OF MEMORANDUM OF UNDERSTANDING………………………………...
ORGANIZATIONAL RIGHTS………………………………………………....................
MANAGEMENT RIGHTS………………………………………………………………...
COMPLIANCE WITH FEDERAL AND STATE EMPLOYMENT LAWS…………...
HOURS OF WORK………………………………………………………………………...
HOLIDAYS………………………...………………………………………………………..
RETIREMENT PLAN……………………………………………………………………...
MEDICAL INSURANCE………………………………………………………………..…
DENTAL INSURANCE……………...……………………………………………………..
LONG TERM DISABILITY/SDI……………………..…………………………………...
LIFE INSURANCE………………..………………………………………………………..
WORKERS’ COMPENSATION…………………………………………………………..
GENERAL LEAVE………………..……………………………………………………….
STANDBY DUTY…………………………………………………………….......................
THE SALARY AND WAGE SCHEDULE………………………………………………..
PROFESSIONAL GROWTH/PARKS & RECREATION……………………………....
UNIFORM ALLOWANCE…………………………………………………………..…….
GRIEVANCE PROCEDURE………………………………………….…………………..
REDUCTIONS IN FORCE………………………………………………….……………..
BEGIN NEGOTIATIONS FOR SUBSEQUENT MOU………………………………….
CLOSING CLAUSE………………………………………………………………………..
SIGNATURE PAGE………………………………………………………………………..
APPENDIX A……………………………………………………………………………….
SALARY SCHEDULE TABLE (July 12, 2025)
SALARY SCHEDULE TABLE (July 11, 2026)
SALARY SCHEDULE TABLE (July 10, 2027)
SALARY SCHEDULE TABLE (July -8, 2028)
APPENDIX B: MEDICAL CONTRIBUTION CALCULATION………………………
APPENDIX C: MARKET STUDY-FUTURE COMPARABILITY SURVEYS……….
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Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU iii
DEFINITIONS
City Manager: The City Manager, or any person or organization duly authorized by the City Manager.
Classification: The employee’s position as reflected by their job title.
General Employees Unit: Bargaining Unit
Health and Welfare Benefits: Insurance coverage for medical, dental, long term disability and loss of life.
Introductory Period: The period following the hire date of a new employee as specified in the Letter of Appointment sent to each newly hired employee. This period gives the supervisor the opportunity to provide support and feedback to new employees so that they may successfully fully assume the responsibilities of the position. During the introductory period a new employee may be terminated without cause.
New Employee: A person who has not completed an introductory period with the City.
Union: Teamsters Local Union No. 856.
Regular Full-Time Employee: A person employed by the City for an unspecified duration who (1) is scheduled to work the standard work week as may be established by the City Manager and (2) has successfully completed the introductory period.
Regular Part-Time Employee: A person employed by the City for an unspecified duration who (1) is scheduled to work less than the standard work week as may be established by the City Manager but at least 20 hours per work week, and (2) has successfully completed the introductory period.
Regular Rate of Pay: Payments made by the employer to the employee including Standby Pay, Call Out Pay, and base salary as shown on Steps A 1 through U 5 of the appropriate salary schedule.
Working Out of Classification: A temporary assignment to a classification other than a regularly assigned classification, which pays more than the regularly assigned classification.
Personnel Officer: A person designated by the City Manager to administer this Memorandum of Understanding.
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Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF ORINDA
AND THE
TEAMSTERS LOCAL UNION NO. 856
(GENERAL EMPLOYEES’ UNIT)
July 1, 20222025-June 30, 20252029
This Memorandum of Understanding is entered into pursuant to the provisions of section 3500, et. seq. of the Government Code of the State of California.
This Memorandum of Understanding shall be presented to the City Council as the joint recommendation of the City of Orinda and Teamsters Local Union No. 856.
1. RECOGNITION AND TERM
1.1. Acknowledgement: This Memorandum of Understanding is entered into by the City of Orinda, hereinafter referred to as ''the City'', and Teamsters Local Union No. 856, hereinafter referred to as ''the Union", concerning conditions of employment to be in effect during the period of July 1, 20222025-June 30, 2025 2029 for those employees working in the General Employees' Unit referred to and further described in this section.
1.2. Bargaining Representatives: The City recognizes the Teamsters Local Union No. 856 as the exclusive bargaining organization for all full-time and part-time regular employees in the General Employees' Unit in the following classifications: Accountant, Accounting Technician I, II,& III, Administrative Assistant I & II, Senior Administrative Assistant, Assistant Engineer, Assistant Planner, Associate Engineer, Associate Planner, Facility Maintenance Worker I and II, Planning Technician, Office Assistant, Maintenance Worker I and II, & III, Community Service Officer, Recreation Supervisor I, Public Works Inspector and Recreation Coordinator, as well as any new related classifications as recognized in accordance with Resolution 45-97.
1.3. List of Representatives: The Union may select two (2) representatives to meet with the City from within the represented unit. The Union shall provide a current list of representative(s), regularly updated, to the City showing the name and classification of representative(s).
1.4. Duration: The Union recognizes its obligations to cooperate with the City to assure maximum service of the highest quality and efficiency to citizens of the City of Orinda together with its obligations to the employees represented by the Union.
2. SCOPE OF MEMORANDUM OF UNDERSTANDING
2.1. Definition: Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire understanding between the parties on any and all matters F.4.b
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2025-2029 Memorandum of Understanding 2
contained herein; provided, however, that nothing herein shall prohibit the parties from changing the terms of this Memorandum by mutual agreement. However, neither party shall be required to meet and confer outside of the agreed upon calendar for renegotiation as specified in Section 22.
3. ORGANIZATIONAL RIGHTS
3.1. Meeting Locations and Times: The Union shall be granted reasonable access to conference or meeting rooms during non-work hours provided such access does not interfere with City business or work of any kind, including but not limited to City Commissions, Councils, City volunteers, City ad hoc committees, citizens groups, etc. The purpose of use of City resources shall be consistent with Section 13 of Resolution 45-97. The City reserves the right to relocate the Union meeting prior to the scheduled meeting time if the room becomes necessary for City business. The Union shall reimburse the City within thirty (30) days for any additional costs associated with use of facilities and equipment, and return all facilities to their pre-use condition.
3.2. Release Time for Union Stewards: The City will provide reasonable release time for the Union Officers for negotiations, and for grievance procedures in accordance with Section 19 of this Agreement.
3.2.1.Union Leave: With reasonable notice (no less than two (2) weeks) and subject to supervisor approval, Union Leave of up to 40 aggregate work hours per fiscal year will be available for attending labor-related training or Union conferences. Union-designated Stewards are eligible for Union Leave. The Union shall provide a list of Stewards to the City on July 1st of each year. The leave shall be with pay; however, the Union will reimburse the City for the costs of the employee’s wages and benefits while on leave. The employee(s) shall continue to accrue seniority while on Union leave.
3.3. Bulletin Boards: The Union shall have the right to reasonable use of employee bulletin boards located in employee areas which are not generally visible to the public, mailboxes and email system outside of working hours.
3.4. Employee Copy of Memorandum of Understanding: Within thirty (30) calendar days after ratification of this contract by both parties, the City will print and provide five (5) copies of this Memorandum of Understanding to the Union Representatives.
3.5. Notification of Recognized Union: When a person is hired in any of the job classifications within the Bargaining Unit, the City shall notify the Union within three (3) working days of the employee’s start date. The Union shall be responsible for notifying such person(s) that the Union is the recognized bargaining agent for those employees.
3.5.1. Classification Posted: The City shall post, within the employee work or rest area, a notice which sets forth the classifications within the General Employees’ Unit and the name and address of the Union.
3.6. Union Dues:
3.6.1.Collection of Dues: The City, upon receipt of a certified written member list issued by a dully authorized Union official, shall deduct dues and voluntary deductions selected by members, as established by the Union from the salaries of its members. The Union shall F.4.b
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2025-2029 Memorandum of Understanding 3
notify the City in writing as to the amount of such dues uniformly required of all members of the Union and the amounts of any Union sponsored benefit deductions for its members.
The sums so withheld shall be remitted by the City, without delay, along with a list of employees and their respective dues and voluntary deductions. The Union bears responsibility for allocating dues and voluntary deductions pursuant to the employees’ requests.
The employee’s earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues or service fees check off authorized.
When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period of future earnings. In the case of an employee who is in a no-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other legal and required deductions have priority over Union dues.
3.6.2.DRIVE Campaign: The City will implement a payroll process for voluntary deduction collection of dues for the Union’s Democratic, Republican, Independent Voter Education (DRIVE).
3.6.3.Indemnification: Moneys Monies withheld by the City shall be transmitted to the Treasurer (as identified in writing by the Union) at the address specified. The Union shall indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence.
3.7. Personnel Files: The City will maintain a file in which all personnel information and documents which the City wishes to keep regarding employees, and which are required by law, will be retained. An employee shall have the right to view his or her personnel file within a twenty-four (24) hour written request to the Personnel Officer. All such viewings shall be under the supervision of the Personnel Officer or her/his appointed representative. Should the employee wish copies of any documents located in the personnel file, the Personnel Officer will have the documents copied within seventy-two (72) hours of the request.
3.7.1.Employees shall be provided with a copy of, or the opportunity to review, documents which are placed in their files prior to or concurrent with placement. No document shall be entered into an employees' personnel file without the employee having first read, signed and dated the document, indicating that he or she is aware of such document entered into his or her file. If the employee, after reading the document, refuses to sign it, the fact shall be noted on the document and signed or initialed and dated by the person entering the document in the file.
3.7.2.An employee shall have thirty (30) calendar days in which to file a written response to any document entered into his or her personnel file. Such a written response shall be attached to, and shall accompany, the entered document.
3.8. New Employee Orientations: The City will provide a written statement to each new employee hired into a classification in the bargaining unit represented by the Union, that the employee’s classification is represented by the Union and the name of a representative of the Union.
3.8.1.The City will provide written notice of new employee orientations (no matter how few F.4.b
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participants, and whether in person, online or through other means or mediums) to the Union, not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The new employee orientation notice provided to the Union will include the date, time and location of the orientation. If the Union Representative is unable to attend on the day of new employee orientation, another suitable date and time will be arranged in order that the Union may meet with the new employee as described in 3.8.2.
3.8.2.Representatives of the Union shall be permitted to meet with the employee for up to thirty (30) minutes, and present written materials, during a portion of the orientation. No representative of management shall be present during the Union’s presentation.
3.8.3.Upon written request of the Union on a form provided by the City for such purposes, a bargaining unit Union Steward attending orientation as a Union representative shall be given paid time sufficient to cover the Union’s presentation and travel time, not to exceed one (1) hour. The Union shall reimburse the City for the “total compensation” cost for the time the Steward employee is at the New Employee Orientation including travel time. “Total compensation” shall include the hourly cost of the employee’s wages and benefits including retirement plan and medical costs. The Union will provide the names of an employee Union Steward who they wish to attend the New Employee Orientation by written request on the appropriate City form, at least 48 hours in advance, to the Human Resources Manager.
4. MANAGEMENT RIGHTS
The City Council of the City of Orinda and its managers retain all of their powers and authority to manage municipal services and the work force performing those services. These rights include but are not limited to the following and shall remain solely a function of management except as may be limited by this MOU and/or by applicable state and federal law.
Organization: Determine and modify the mission and organization of City government and its constituent work units, commissions and boards.
Delivery of Services: Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
Personnel: Determine the methods, means, number, kinds, and selection of personnel by which services are to be provided.
Efficiency: Maintain the efficiency of governmental operations.
Goods and Services: Determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for.
Application of Technology: Exercise complete control and discretion over the City organization and the technology of performing its work.
Direction of Employees: Direct employees, including scheduling and assigning work, work hours and overtime.
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Employee Performance Standards: Establish employee performance standards and to require compliance therewith.
Discipline Employees: Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable laws and this MOU.
Relieve Employees: Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.
Implementation: Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.
Protect the Public: Take all necessary actions to protect the public and carry out its mission in emergencies.
5. COMPLIANCE WITH FEDERAL AND STATE EMPLOYMENT LAWS
The City's policy is to recognize and follow Federal and State laws including, but not limited to:
Discrimination
Harassment
Sexual Harassment
Availability of Public Information
Family Medical Leave Act (FMLA) CA Family Rights Act (CFRA) Americans with Disabilities Act (ADA)
6. HOURS OF WORK
6.1 Work Week: Regular full-time employees are scheduled to work a total of forty (40) hours during each workweek with the start and end days and times of such work week determined by the schedule of the employee.
Effective as soon as administratively possible, not later than September 24, 2022, tThe standard work and payroll period for full-time employees will be based on a 9-80 work schedule pursuant to the City of Orinda Administrative Regulations Flexible and Compressed Work Schedule Policy Guidelines.
6.2 Scheduled Work Hour for Employees: The workday for full-time employees is not less than eight (8) hours per day, excluding lunch breaks based on the Employee’s regular schedule. Employees shall work a predetermined schedule of forty (40) hours per week plus unpaid lunch breaks. Flexible or compressed work schedules may be authorized consistent with this Agreement and in compliance with the City’s Flexible and Compressed Work Schedule Policy Guidelines.
For City City-initiated schedule changes, following discussion with an affected employee, and upon written authorization of the Department Head or the City Manager, the work schedule may be modified. Except in cases of emergency, a change in work hours (start time or end time of the work day) requires two (2) weeks' notice.
6.3 Attendance: Employees shall be in attendance at their work in accordance with the rules F.4.b
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regarding hours of work, holiday and leaves. All employees shall keep daily attendance records which shall be approved by the department head and reported to the Finance Administrative Services Director in the form and on the dates he/she shall specify. An employee who fails to report to work after being absent for three (3) days without authorized leave may be subject to automatic dismissal. In such a case, the employee shall have automatically waived all his/her rights under this Memorandum of Understanding and the Personnel Rules of the City of Orinda.
6.4 Meal and Rest Periods: Every employee shall be allowed one (1) fifteen (15) minute break for each four (4) hours worked. A full-time employee working an eight- or nine-hour day is, therefore, allowed one (1) fifteen-minute (15) break in the morning and one (1) fifteenminute (15) break in the afternoon. Break schedules shall be arranged at the department level to best meet the needs of the department and the City. Every employee shall be allowed a thirty (30) minute to one (1) hour unpaid meal period each five (5) hours worked, except if the work period is no more than six (6) hours and the employee and the City agree to waive the meal period.
6.5 Overtime Approval: All hours worked in excess of forty (40) hours in a workweek, unless performed as a result of emergency conditions, must receive prior approval of the Department Head or City Manager. In the case of overtime worked in an emergency situation, the Department Head or City Manager shall be notified of the overtime worked as soon as possible.
6.6 Overtime Calculation: Overtime will be paid, or compensatory (comp) time granted per Section 6.7, for hours worked in excess of forty (40) hours during the workweek at the rate of one and one-half (1 ½) times the regular rate of pay. For purposes of calculating overtime, “hours worked" means the combination of both hours worked, paid holiday hours and paid general leave during the standard workweek.
6.7 Comp Time in Lieu of Overtime: At the employees' discretion, comp time may be accrued in lieu of payment for overtime; provided however, that accrual of comp time shall not exceed sixty (60) hours at any point in time, [forty (40) overtime hours worked multiplied by
1.5 per the overtime rate calculation in Section 6.6]. Any hours worked which would otherwise result in the accrual of more than sixty (60) hours comp time will be recorded and paid as overtime.
6.8 Use of Comp Time: Use of accrued comp time shall be subject to the rules for use of general leave contained in the “General Leave and Leaves of Absence” Section of this Memorandum of Understanding.
6.9 Cash Payment of Compensatory Time: Cash payment for some or all of an employee's accrued comp time may be made with the written approval of the Department Head. Cash payment for accrued comp time shall be made upon termination of employment. Cash payment shall be based on the number of accrued comp time hours multiplied by the employee’s regular rate of pay.
6.10 Acting Pay: An employee assigned to work out of his/her regular classification for a period of at least ten (10) consecutive working days shall receive compensation equal to the next highest step of the new classification resulting in not less than five percent (5%) increase.
Assignment shall be considered eligible only when the employee is substantially assuming F.4.b
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the duties out of classification. All such “out of classification” assignments require advance written approval, by the City Manager, prior to the assignment effective date. An employee shall return to his/her regular rate of pay when he/she returns to his/her regularly assigned classification.
6.10.1 No employee shall be assigned the duties of a classification other than his/her regularly assigned classification for more than ninety (90) working days in any twelve (12) month period.
6.10.2 Eligibility for overtime will be determined according to the exempt or non-exempt status of the position being assumed by the employee.
6.11 Premium Pay for Clerk to Commission or Council: The City will pay a premium of $250 per month to an employee when assigned to work evenings and provide administrative support to a Commission or Council.
7. HOLIDAYS
7.1 The following shall be observed as paid holidays:
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve- full day
Christmas Day
New Year's Day
Dr. Martin Luther King, Jr.'s Birthday
Presidents' Day
Memorial Day
Juneteenth
7.2 Floating Holidays: In addition to the holidays listed in Section 7.1, employees who are employed as of September 30th of the fiscal year are entitled to two (2) floating holidays.
Employees hired on October 1st through March 31st are entitled to one (1) floating holiday.
Employees hired after March 31st are not eligible for any floating holidays in the current fiscal year. Floating holidays may be used at any time during the fiscal year, upon approval of the employee's Department Head. Floating Holidays cannot be carried over to the next fiscal year.
7.3 Pay for Work on Holiday: Standard pay for work on a holiday shall be provided for work performed on the actual day of the holiday. If an employee is scheduled to work on a fixed holiday, the employee shall record actual ·hours worked on his/her time time-sheet, and receive either eight (8) hours of a floating holiday, or eight (8) additional hours of time worked on that day. This may result in overtime pay or compensatory time off if the total hours worked exceeds forty (40) hours per workweek. There shall be no premium pay for a floating holiday that is not taken.
7.4 End of Year Office Closure. For the term of this MOU, tThe majority of the City’s offices F.4.b
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will be closed between the Christmas and New Year holidays. Observance of holidays surrounding this closure may be adjusted by the City Manager to limit the number of days to three (3) days in which employees may select as follows:
• Employees may use accrued leave for the time they are not at work. This includes general leave, floating holiday or compensatory leave.
• Employees may choose to take time unpaid if they do not have sufficient accrued leave time.
• Employees who do not want to take leave time during the closure or employees who do not have available leave time and preferdo not want to be in unpaid status may continue choose to continue working. To do so, if they must develop a specific work plan and notify with their supervisor at least thirty (30) days prior to the start of the end of year office closure.
8. RETIREMENT PLAN
8.1. Contributions to Money Purchase Plan 401(a):
8.1.1 The City shall continue to make monthly contributions to the International City Management Association Retirement Corporation (ICMA-RC)MissionSquare Retirement Money Purchase Plan 40l(a), beginning the first day of employment, as follows: General Employees, thirteen percent (13%).
8.1.2 Funds shall be administered in accordance with the most current agreement between the City and ICMA-RCMissionSquare Retirement for the 40l (a) Money Purchase Plan.
8.2 Deferred Compensation Plan 457 (b): Employees may contribute by payroll deduction, up to annual amounts limited by tax law, to the ICMA-RCMissionSquare Retirement Deferred Compensation Plan (475457 (b)), and the City shall contribute, on a matching basis, up to three percent (3%) of base salary. This contribution shall be in addition to the contribution provided under Section 8.1.1and shall commence with the first date of employment.
8.3 Retiree Health Savings Account: As soon as administratively possible after adoption of this 2025-2029 MOU, the City shall establish a Retiree Health Savings Account (RHSA) plan for employees and once established shall contribute one hundred ten dollars ($110) per month for each eligible employee enrolled in the plan.
9. MEDICAL INSURANCE
The City shall continue participation in CalPERS medical insurance plans for employees and their dependents.
The City shall contribute on behalf of the employee the required CalPERS Employer Minimum Contribution amount for plan participants as determined by CalPERS. This amount is one hundred forty-nine dollars ($149) for 2022 one hundred fifty-eight dollars ($158) for 2025and is scheduled to be one hundred fifty-one dollars ($151) for 2023.
For Active Members who have elected to enroll in Health Insurance, in addition to the PERS Minimum, the City shall contribute a supplemental / additional amount to be used to pay premiums for Health Insurance Coverage through an Internal Revenue Code Section 125 Plan F.4.b
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(PLAN).
The Section 125 Plan shall include a provision for premium conversion and may also offer voluntary participation in pre-tax contributions for: health care reimbursements, dependent care reimbursements, and other eligible benefits.
Deductions are made in equal amounts on the first two paychecks issued in a month (24 times per year). Deductions are made in the month preceding the month of coverage (i.e., December deductions are based on premiums for January).
CalPERS establishes when benefits shall begin, which currently is on the first (1st) day of the month following the date of hire or the date the Human Resources Representative receives the completed enrollment form. Employees who do not elect coverage within 60 days of hire may be subject to review and approval by the health insurance company.
9.1Medical Premium Contributions (Active Employees):
Effective January 1, 2022 2025 – December 31, 20222025, the City shall contribute monthly the following maximum “Total City Medical Contribution” amounts towards the employee’s monthly medical premium for the employee’s coverage level:
CITY CONTRIBUTION PLAN YEAR 20222025
COVERAGE
LEVEL
CalPERS
MINIMUM
CONTRIBUTION
SUPPLEMENTAL
BENEFIT
TOTAL CITY
MEDICAL
CONTRIBUTION
Employee $158.00$149.00 $895.61$699.22 $1,053.61$848.22 Employee +1 $158.00$149.00 $1,949.20$1,547.42 $2,107.20$1,696.42 Employee +Family $158.00$149.00 $2,581.36$2,056.35 $2,739.36$2,205.35 Beginning with health plan premium rates effective January 1, 20212025, the maximum Total City Medical Contribution shall adjust as follows. The City shall calculate the percentage increase in each coverage level of the new monthly Kaiser premium compared to the prior year’s monthly premium for Kaiser. If the increase is 4 percent or less, the full amount of the increase shall be added to the Total City Medical Contribution and paid by the City. If the increase is over 4 percent, the first four percent (4%) of increase in the Kaiser medical insurance monthly premium rate over the prior Plan Year’s Kaiser medical insurance monthly premium rate shall be paid by the City, but amounts over this shall be shared based on the following proportions between the City and the employee, with the City contributing sixty-five percent (65%) of the monthly Kaiser plan increase over four percent (4%) and the Employee paying thirty-five percent (35%) of the monthly Kaiser plan increase over four percent (4%) through an employee-authorized payroll deduction.
See Appendix B example for medical contribution calculation.
At no time shall the employee receive a City contribution amount more than the selected medical plan cost.
If an employee elects a medical plan offered by the City with premiums exceeding the Total City Medical Contribution, employee-authorized payroll deductions will be made for the difference in premiums, so the employee shall pay for the amount of the selected plan’s premium that is over the City contribution as calculated for the plan year. Any employee who is required to partially pay F.4.b
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premiums shall be allowed to make these payments with pre-tax deductions through the flexible benefits plan.
9.2 Non-acceptance of Medical Insurance: If an employee elects to not to accept medical insurance coverage and demonstrates existing and continuing coverage under an alternative plan, the City will pay the employee $474.93 per month, with pro-rated compensation for part-time employees. This option is available to all employees irrespective of marital or family status. An election to re-enroll in medical coverage can occur only with the permission of the insurance provider.
9.3 Vision Insurance: The City shall contribute the full cost of the vision premium for employees.
9.4 Employment on Less Than Full-Time Basis (less than 40 hours): If an employee is assigned to a regular position in a capacity of less than 40 hours per week, the City contributions to health and vision insurance shall be prorated.
9.5 Retiree Medical Benefit: As allowed by PERS Medical Plans, retirees of the City will be eligible for a City contribution towards monthly medical premiums up to the PERS Minimum Monthly benefit, provided that the retiree:
A) Has completed seven (7) years of service if beginning active employment on or before October 31, 2019, or fifteen (15) years of service if beginning active employment on or after November 1, 2019 with the City. A year of service is defined as one thousand (1,000) hours worked within an anniversary year in a regular position either part-time (twenty or more hours per week) or full time; and
B) Has reached the age of 55 if beginning active employment on or before October 31, 2019, or age 60 if beginning active employment on or after November 1, 2019; and C) Is no longer employed by the City of Orinda; and
D) Was actively enrolled in the City’s health insurance program at the time their City employment ended; and
E) Elects to continue active enrollment in the City’s health insurance program upon leaving City employment;
The retiree is responsible for making timely payment to the City for monthly premium amounts which exceed the PERS Minimum.
10. DENTAL INSURANCE
10.1 Premium Contributions: The City shall continue participation in a dental insurance plan for employees and their dependents and shall contribute monthly the following maximum amounts toward the plan. The following rates are based on 2020 calendar year rates:
Effective as soon as administratively possible, the City shall maintain dental insurance with a $2,000 annual dental benefit maximum and a $3,500 lifetime orthodontia benefit maximum.
The following rates are based on 2025 calendar year rates:
Coverage City Contribution
Employee Up to $56.04$75.15 plus up to a
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15% rate increase over the term of
this Agreement to be implemented
at annual insurance contract
renewal.
Employee + Dependent Up to $103.43$132.26 plus up to a
15% rate increase over the term –of
this Agreement to be implemented
at annual insurance contract
renewal.
Employee + Family Up to $136.94$172.66 plus up to a
15% rate increase over the term –of
this Agreement to be implemented
at annual insurance contract
renewal.
In the event that an increase in premiums exceeds 15% over the term of this Agreement, that portion of the cumulative increase in premiums above 15% increase shall be paid for by the employee through payroll deductions.
11. LONG TERM DISABILITY/SDI
11.1 Contributions: The City shall continue participating in a long-term disability plan, the terms of which are contained in the Long Term Disability Insurance Plan and govern this MOU. Benefits include but are not limited to, an unpaid sixty (60) calendar day waiting period and a covered monthly salary of up to $7,000. The City shall contribute the full cost of premiums for said plan.
11.2 Commencement of Benefits: Benefits under this Section shall begin on the first (1st) day of the month following the date of employment.
11.3 SDI: The City participates in State Disability Insurance (SDI) paid for by the employees.
Effective following Council adoption, the City shall cease to provide duplicative ShortTerm Disability Insurance coverage.
12. LIFE INSURANCE
12.1 Contribution: The City shall contribute the full monthly premium toward a term life insurance policy for employees, the terms of which are contained in the Life Insurance Policy and govern this MOU.
12.2 Commencement of Benefits: Benefits under this Section shall begin on the first (1st) day of the month following the date of employment.
13. WORKERS’ COMPENSATION
13.1 Salary Continuation Payment: An employee entitled to temporary disability payments under the workers’ compensation laws will receive salary continuation payments at the applicable workers’ compensation rate. Workers’ compensation is not payable for the first F.4.b
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three (3) calendar days of disability unless the disability lasts more than fourteen (14) calendar days. Hours of work missed due to medical appointments for work related injuries will be paid at the applicable wage loss rate.
13.2 Use of Accumulated General Leave: An employee receiving temporary disability payments under the workers’ compensation laws may use accumulated general leave in excess of the workers’ compensation benefit in order to maintain his/her regular income level. Under such circumstance the employees shall be paid the difference between his/her full salary and the temporary disability payments received. Accumulated general leave shall be charged in proportion to the amount of his/her full salary paid by the City.
14. GENERAL LEAVE
14.1 Definition: In lieu of vacation and sick leave, employees shall accrue general leave of nineteen (19) days during the first year of employment, increasing by one (1) day for each subsequent year of employment, up to a maximum accrual of twenty-five (25) days of general leave.
14.2 Maximum Accrual: Employees accrue general leave up to 480 hours. After accruing 480 hours, the employee does not accrue additional general leave until the employee uses sufficient general leave to fall below the maximum accrual amount. Part-time employees hired by the City after July 1, 2013 shall accrue general leave up to a maximum of 240 hours, and do not accrue additional general leave until the employees uses sufficient general leave to fall below their maximum accrual amount of 240 hours. Upon termination, the accumulated general leave shall be paid to the employee at their current rate of regular pay.
14.3 Cash Payment of Accrual: Once a year, employees who have accrued over 160 hours of general leave may elect to cash out a maximum of forty (40) hours of their accrued general leave. A balance of no less than 160 hours must remain after cash out.
14.4 Commencement of Accrual: General leave shall begin accruing on the first (1st) day of the month following the date of employment
14.5 Request for Leave: Except in the event of unforeseeable events, request for general leave must be submitted in writing to the Department Head or supervisor two (2) weeks prior to the beginning of the requested time off. All requests for time off are subject to department head approval. The department head has discretion to waive the two-week notification required.
14.6 Leave of Absence, Reduced Hours of Work: The City Manager may grant leave or reduced hours of work, without pay and without benefits, for up to four (4) months. During any month in which the total hours worked is less than one-half (1/2) of a full-time schedule, that month shall not be included toward service credit. Such leave may be granted after five (5) years of service and only once following each five (5) years of employment with the City.
14.7 Family and Medical Leave: The City shall grant, in accord with the Family Medical Leave Act, family and medical leave without pay for up to twelve (12) work weeks during any twelve (12) month period for one (1) or more of the following reasons:
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a. Birth of a child of the employee, and in order to care for such child. b. Placement of a child with the employee for adoption or foster care. c. To care for the employee’s spouse, a child, or parent of the employee, if such spouse, child or parent has a serious health condition.
d. A serious health condition that makes the employee unable to perform the functions of the position of such employment.
e. Certain military family leave entitlements.
14.7.1 Utilize Accrued General Leave: The employee shall first utilize any remaining general leave accrued as of the date of the family and medical leave referenced in this subsection begins. The use of general leave does not extend the length of Family Medical Leave allowed.
14.7.2 Continuation of Benefits: An employee’s eligibility for health and welfare benefits shall continue while on family or medical leave. If paid leave is taken, health and welfare benefits will continue to accrue or be paid by the City. If unpaid leave is taken, benefits do not accrue and insurance benefit, except for medical, cease.
Medical benefits will continue on the same basis as if the employee were not taking Family Medical Leave. The employee is responsible for remitting to the City his/her usual share of premium payments on or before the last of the month prior to the month for which the benefits are received. During unpaid leave, benefits do not accrue.
14.8 Jury Duty Leave: An employee who has been summoned, or subsequently selected, to serve on a jury shall receive his or her regular rate of compensation for normal work home/days/shift during such absence from work; provided the employee remits to the City that compensation received by the employee for such jury duty service. This provision applies for a maximum of thirty (30) calendar days for each jury trial.
14.9 Bereavement Leave: The City agrees to provide any employee who experiences a death in the immediateof a qualifying family member as defined by law of up to five (5) working days off with up to three (3) of those working days of as paid leave for the purpose of attending the funeral or memorial servicewithin three months of the date of death of the family member. To be eligible, an employee must have been employed for at least thirty (30) days before the commencement of the bereavement leave. “Qualifying family member” as defined by law includes spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The employe will also consider as a “qualifying family member” the following: sibling-in-law, the spouse or domestic partner of a child, aunt, uncle, or dependent“Immediate family’’ is limited to spouse or domestic partner, mother, father, sister, brother, child, grandmother, grandfather, aunt, uncle, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-inlaw, grandchild or dependent.
The City may require the employee supply documentation of a family member’s death per State law requirements.
The department director, or in the case of department directors, the City Manager, may, within his or her discretion, grant the employee additional time off provided that all accrued leave shall be used prior to taking a leave of absence without pay for this purpose.
F.4.b
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In special cases, the City Manager may grant bereavement leave within his or her discretion to allow an employee to attend a funeral or memorial services because of the death of persons not included within the definition of immediate “qualifying family member”.
15. STANDBY DUTY
15.1 Weekly Standby Duty Definition: Regular Standby Duty will be scheduled and assigned on a weekly basis and paid at a daily rate. At the City’s discretion, an employee may be placed on unscheduled standby status and be required to be available to respond to emergency call outs or other service. An employee who is placed on standby duty shall receive a standby pay of fifty-eight dollars ($58) per day assigned. If an employee is placed on unscheduled standby duty, he/she will be paid at the premium daily rate of one hundred dollars ($100.00) per day assigned. In addition, hours actually worked while on Standby Duty will be paid at one and one-half (1.5) times the regular hourly pay rate, with a minimum of three (3) hours paid work for each emergency call out or other service request it is at the employee’s discretion to receive comp time in lieu of payment for overtime.
15.1.1 Employees will be reimbursed for mileage, at IRS rates, for their round-trip miles when actually called out.
15.2 Response Time -Failure to Respond: An employee who is assigned standby duty must respond to a phone call within ten (10) minutes and report to the City offices within forty-five (45) minutes of responding to the phone call. Failure to respond to a call-out nullifies employee’s receipt of standby pay for that day. Repeated late arrivals may result in disciplinary action.
15.3 Call Out Pay: If an employee is contacted to return to work and has not been placed on standby status, he/she shall be compensated for minimum of two (2) hours work at one and one-half (1.5) times the regular rate of pay. Any time worked in addition to the two (2) hour minimum will be compensated at one and one half (l.5) times the regular rate of pay.
Employees will be reimbursed for mileage, at IRS rates, for their round-trip miles when called out.
15.4 Use of City Vehicle: On occasion where an employee does not have access to use of his/her own vehicle, the supervisor may assign a City vehicle to be used during the standby duty affected. If use of the City vehicle to fulfill standby and call out obligations required advance approval by the Department Head.
15.5 Rest Period: Employees may elect to flex their regular schedule hour-for-hour for call-out time worked between the hours of 11:00 p.m. and 5:00 a.m. Employees may or may not elect to take general leave, compensatory time or unpaid leave up to the equivalent number of call-out hours worked at either the start or end of their day if it is a regularly scheduled workday.
16. THE SALARY AND WAGE SCHEDULE
16.1 Effective the first full pay period after Council adoptionin July 2025, employees shall receive a general salary increase of five percent (5%). Effective the first full pay period in July 20232026, employees shall receive a general salary increase of four percent (4%).
Effective the first full pay period in July 20242027, employees shall receive a general salary F.4.b
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increase of three percent (3%). Effective the first full pay period in July 2028, employees shall receive a general salary increase of three percent (3%). See Appendix A for the City of Orinda Salary and Wage Schedule. Wages are to be paid on a bi-weekly basis via direct deposit.
16.2 Market Study: The parties have established a list of agencies, bench mark classifications, and criteria for total compensation to be used in future comparability surveys, Appendix C.
16.3 Administration of the Pay for Performance System: To properly compensate an employee, adjustments in salary shall be based on a performance rating provided as part of a performance evaluation. Performance based salary advancements shall be made solely at the discretion of the City and shall not be subjected to grievance or appeal process.
16.4 Performance Based Salary Advancement: Effective upon ratification of this Agreement, rules for salary advancement within an established salary range are listed below:
16.4.1 Based on a performance evaluation and associated “rating” employees shall advance 0 through 3one (1) "steps” within the five (5) step range. The rating system with corresponding salary step increases is as follows:
Outstanding performance: three steps (3%)
Exceeds expectations: two steps (2%)
Meets expectations or above: advance one (1) step (1%)
Improvement needed: 0No step advancement(0%)
Unacceptable: No step advancement, with an admonition that job performance must improve or action may be taken to terminate employment.
16.4.2 Effective dates for the purpose of performance performance-based salary advancement are as follows:
16.4.2.1 For all employees, except those completing an introductory period, the effective date is the first (1st) full pay period following the date of the prior scheduled performance based salary adjustment. The intent is to have a review on the first of the month every twelve (12) months.
(Note: This date is applicable even if no performance performance-based salary adjustment is provided either (1) due to a performance rated as “improvement needed” or ‘’unacceptable” or (2) as result of an employee being at the top of his or her salary.)
16.4.3 It is the intent of this MOU that performance evaluations be completed fifteen (15) days prior to the scheduled effective date of the performance based salary advancement.
16.5 Performance Bonus: The City Manager may grant a one-time non-recurring performance bonus to any employee who demonstrates outstanding public service, provides significant cost-savings suggestions, or otherwise achieves outstanding performance standards.
16.6 Longevity Pay: Longevity pay is additional compensation given to employees based on their length of service. The following differentials are additive only and F.4.b
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will not compound with a previous differential the employee may have enjoyed.
The City will pay all full-time employees who have obtained at least a “Meets Expectations” on their most recent performance evaluation a longevity incentive as follows:
16.6.1 Employees between ten (10) and up to fifteen (15) years of continuous service with the City of Orinda shall be given a one-hundred-dollar ($100.00) longevity differential monthly.
16.6.2 Employees between fifteen (15) and up to twenty (20) years of continuous service with the City of Orinda shall be given a one-hundredand-fifty-dollar ($150.00) longevity differential monthly.
16.6.3 Employees between twenty (20) and up to twenty-five (25) years of continuous service with the City of Orinda shall be given a two-hundreddollar ($200.00) longevity differential monthly.
16.6.4 Employees with twenty-five (25) years or more of continuous service with the City of Orinda shall be given a two-hundred- and-fifty-dollar ($250.00) longevity differential monthly.
17. PROFESSIONAL GROWTH/PARKS AND RECREATION DISCOUNT
17.1 Tuition Reimbursement: The City may reimburse an employee tuition and books for courses of study at an approved and accredited college or junior college in an off-duty status not to exceed $1,200 per fiscal year if the subject matter content of the course is related to the employee’s work assignment and promotional opportunities, or is a course required for the attainment of a degree or certificate program directly related to an employee's job responsibilities. To qualify, the employee must have been employed for one year prior to entering the study program.
17.2 Tuition Reimbursement Schedule: The employee must submit an application to his/her Department Head giving all information needed for an evaluation of the request. The Department Head shall recommend approval or disapproval and forward the request to the City Manager whose decision shall be final. Tuition reimbursement decisions are not grievable. The employee's application must be approved prior to enrolling in the course in order for such employee to be assured of reimbursement. Upon completion of this course, the employee must submit to his/her Department Head a copy of the grade sheet or certificate indicating a passing grade along with the appropriate receipts for books and tuition in order to be eligible for reimbursements.
17.3 Parks & and Recreation Discount: The City allows represented employees and their dependents aged eighteen (18) and under to register for programs under the Parks and Recreation department for fifty percent (50%) of the resident fee. Participation in recreation programs is not part of the employee's work work-related duties, is not required for continued employment and is not considered part of a City sponsored physical fitness program. The City shall not be liable for any injury that may arise out of an employee's participation in these programs. The portion of the program fees that is waived is subject to federal and state income tax withholding.
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18. UNIFORM ALLOWANCE
18.4The City shall pay the cost of employee uniforms and safety equipment as deemed appropriate by the City.
Each Facility Maintenance/Maintenance Worker shall be provided with six (6) shirts and six (6) pairs of pants as selected by the City. The City shall arrange for the laundering of these items once a week on a set schedule. It is the responsibility of each employee to make sure that these items are available at the designated location of the designated laundry pick-up day. In addition, each Facility Maintenance/Maintenance Worker shall receive one (1) regular jacket and one (1) rain jacket. Incumbents in the Facility Maintenance/Maintenance Worker classifications shall be provided rain boots as determined by the appropriate Department Head. The type of rain boots will depend upon the type of job the employee is assigned.
Each Community Services Officer shall receive uniforms consisting of two (2) pairs of pants, two (2) long sleeve shirts and two short sleeve shirts. All other employees will receive Uniforms as deemed necessary by their Department Head. In the event these uniforms are damaged in the course of work or are worn out as a result of normal wear and tear, the uniforms shall be replaced at no cost to the employee.
18.4.1 Laundering of Uniform: Excluding the Facility Maintenance/ Maintenance Workers, it shall be the employee's responsibility to launder/ dry clean such uniforms. Employees must wear such uniforms as assigned during working hours.
18.4.2 Safety Boots: Each Facility Maintenance/Maintenance Worker, Public Works Inspector and Community Services Officer are required to wear safety (steel toe) work boots during all hours of work. The City will provide a budgeted allowance of up to two hundred fifty dollars ($250)three hundred twenty-five dollars ($325) once every calendar year for purchase of safety boots and up to one hundred dollars ($100) in any consecutive twenty-four (24) month period for resoling of safety boots. Upon advance approval of the Supervisor, an employee may use the City issued purchase card for purchase or resoling of safety boots provided the charge does not exceed the amount of the allowance. Whether an employee uses the City issued purchase card or requests a reimbursement, an itemized receipt must be presented. Said purchase with a City issued purchase card or reimbursement shall be contingent upon the employee consulting with, and receiving prior approval from the Department Head as to the safety boot to be purchased. Reimbursements will be issued within twenty (20) days of submitting a complete request.
18.4.3 Safety Boots: The following classifications are eligible to receive a safety boot allowance of up to two hundred fifty dollars ($250)three hundred twenty-five dollars ($325) every two (2) calendar years: Assistant Planner, Associate Planner, Planning Technician, Assistant Engineer, and Associate Engineer.
18.4.4 Safety equipmentEquipment: (i.e., aA safety vest with reflective tape) will be replaced by the City as necessary, with approval from the appropriate supervisor.
19. GRIEVANCE PROCEDURE
19.1Matters Subject to Grievance Procedure: A grievance, for purposes of this Section 19, F.4.b
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shall be a claim, filed by an employee solely on his or her behalf: or by the Union on behalf of multiple, named employees, or the bargaining unit as a whole, contending that the City has violated or misapplied an obligation under this Memorandum of Understanding. Disciplinary actions, with the exception of counseling, are also subject to the grievance procedure. A grievance shall only apply to matters as specified herein.
An employee electing to grieve a disciplinary action under this Section is barred from filing an Appeal of Disciplinary Action as defined in Section 9.12 of the Orinda Personnel Rules.
19.2 Representative(s) Rights: The City will recognize the Union representative(s) in settling grievances concerning matters addressed in this MOU with the City Management It is understood and agree that the handling of any grievance will not interfere with the duties of the representative(s) as an employee. Accordingly, a representative(s) who is released by a supervisor to investigate or to meet with City officials shall return promptly to his/her assigned duties.
19.3 Representation: Employees shall have the right to professional representation at formal and informal grievances.
19.4 Meetings: A representative(s) shall be relieved from assigned work duties by the supervisor to attend meetings mutually arranged and agreed with management and to investigate and process grievances initiated by other employees within the same work area.
19.5 Rights to Investigate: The Union representative(s) shall be permitted reasonable time off from his/her regular duties to investigate and discuss grievances concerning violations of the MOU agreements during working hours on the City premises if prior approval is obtained from his/her immediate supervisor. The City will provide a reasonable number of employees time off, if required, to attend grievance resolution meetings. The City reserves the right to determine what constitutes a reasonable number of employees and reasonable time off based on the circumstance of the individual grievance.
19.6 Time Limitations: Employees must bring informal grievances to supervisor's attention within fifteen (15) calendar days after the occurrence of the grievance-causing events, or within fifteen (15) calendar days after the employee could be reasonably expected to be aware of them. Time is of the essence in resolving grievances and grievances not filed within fifteen (15) calendar days shall be deemed waived.
19.7 Informal Discussion: Engaging in informal resolution of a grievance shall be required prior to requesting formal resolution. The supervisor and the employee shall discuss the grievance collaboratively and mutually identify a resolution of the perceived problem. This process shall take no more than three (3) working days.
19.8 Formal Resolution: If the employee does not feel that the grievance has been satisfactorily resolved by informal discussion, the employee may request formal resolution of the grievance.
19.8.1 Written Complaint: A written grievance shall be submitted to the Department Head with a copy to the employee's immediate supervisor. The grievance shall contain the following information: name of grievant; date the grievance was initiated; statement that the informal grievance procedure was not successful; statement of any previous action upon the grievance; a clear statement of the nature of the grievance; a F.4.b
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proposed solution to the grievance; and the signature of the grievant The grievance must be submitted within ten (10) working days from the date the informal grievance decision was received.
19.8.2 Department Hearing: The Department Head shall meet with the employee and the supervisor, separately or together, at the discretion of the Department Head, to resolve the subject of the grievance. No more than ten (10) working days after meeting with the employee and the supervisor, the Department Head shall issue a written decision concerning the grievance.
19.8.3 First Appeal: A written appeal shall be submitted to the Personnel Officer with copies to the employee's Department Head and supervisor.
The grievance shall contain the following information: name of grievant, date the grievance was initiated, statement that neither the informal nor the written complaint grievance procedure was successful; statement of any previous action upon the grievance, a clear statement of the nature of the grievance; a proposed solution to the grievance; and the signature of the grievant. The grievance must be submitted within ten (10) working days from the date the Department Head decision was received.
19.8.4 Personnel Hearing: The Personnel Office shall meet with the employee, Supervisor, and the Department Head, separately or together, at the discretion of the Personnel Officer, to resolve the subject of the grievance. No more than ten (10) working days after the Personnel Hearing, the Personnel Officer shall issue a written decision concerning the grievance. The decision of the Personnel Officer regarding a written reprimand may not be appealed further in the grievance process.
18.8.5 Advisory Arbitration: If the grievance is not resolved as set forth above, the grievant may appeal the grievance to an impartial arbitrator. The grievant shall file a written appeal within ten (10) working days after receipt of the written decision of the Personnel Officer as described in 19.8.6. In the event the grievant fails to file the appeal within ten (10) working days, then the matter shall have been deemed to be settled. An arbitrator shall be mutually agreed upon by the parties hereto from a list of five (5) arbitrators provided by the State Mediation and conciliation Service (SMCS). If mutual agreement cannot be reached, the parties will alternately strike names from the list until a single name remains. Priority in selection shall be determined by the flip of a coin. The arbitrator shall be selected within thirty (30) working days of receipt by the parties of the list of names from the SMCS.
The arbitrator shall not have the power to add or modify any of the terms, conditions or sections of this MOU. The decision of the arbitrator shall be advisory. His/her decision shall not go beyond what is necessary for interpretation and application of this MOU in the case of the specific grievance at issue. During the consideration and settlement of questions, disputes and controversies, as provided in this section there shall be no strike, slow-down, cessation of work or lock-out. The cost of the arbitrator shall be divided equally between the City and the Union, and each party shall bear the cost of their own representation and witnesses.
The parties may, by mutual agreement, request expedited arbitration. In an expedited arbitration proceeding, both parties shall waive the rights as to submission of any briefs and stenographic recordings. The arbitrator must render a bench decision F.4.b
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following the close of the hearing, followed by a written decision within seven (7) calendar days of the close of the hearing.
The arbitrator's opinion shall be filed with the City Manager and shall set forth his/her findings and conclusions. At the same time, a copy shall be provided to the grievant and the Union.
19.9 Final Appeal Process: Either party may submit a written appeal to the City Manager if the decision of the arbitrator does not resolve the grievance to the City's or employee's satisfaction. The appeal must be presented within five (5) working days after receipt of the decision.
19.10 City Manager’s Decision: Upon receipt of an appeal of a formal grievance, the City Manager shall discuss the grievance with the employee, any other involved parties deemed appropriate, and the employee’s representative, if any. The City Manager will review the transcripts of the proceedings and based upon such review adopt, amend, modify or reject the opinion of the arbitrator. Within ten (10) working days, the City Manager shall render a formal decision in writing to the employee. Such a decision shall be considered as final.
20. REDUCTIONS IN FORCE
20.1 Definition: Layoff shall mean a termination of employment resulting from changes in duties or organization, abolition of position, shortage of work or funds or reorganization. The City's decision to reduce its workforce is a management right; thus, no grievance rights exist, and the decision is not subject to the meet and confer requirements.
20.2 Notification: In cases involving regular employees only, notice of layoff must be given to the employee and the Union at least thirty (30) calendar days prior to the effective date of layoff.
20.3 Order of Layoff: In each classification in which a layoff is to occur employees shall be laid off in the following order:
1 All temporary/seasonal employees
2 All introductory employees
3 All project employees
4 Regular employees in the order specified in Section 20.4
20.4 Order of Layoff of Regular Employees: In any case in which there are two (2) or more regular employees in a classification from which a layoff is to be made, the order of layoff shall be that the regular employee with the least seniority shall be laid off subject to the following conditions:
(a) Seniority
For the purpose of this Article, seniority includes all periods of regular and introductory service at or above the classification level where layoff or displacement is to occur. Parttime service shall be counted toward seniority in the proportion that the employee's scheduled hours bear to the normal workweek for the position.
20.5 Bumping Rights of Full-Time Regular Employees: A full-time regular employee who is designated for layoff may elect, in lieu of layoff; to be reassigned to a position in a lateral or F.4.b
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lower, related classification within his/her department, provided that in order to displace the employee with less seniority, the employee noticed for layoff must have held regular status in1he classification into which he/she is bumping.
Employees who choose to bump into a position in a lateral or lower, related classification must accept the salary, hours and working conditions of that position.
An employee requesting to bump into a classification must make such request to the City Manager in writing within fourteen (14) calendar days after his/her receipt of written notice of layoff. Failure to comply with this deadline waives bumping rights.
20.6 Re-employment Rights and Full-Time Regular Employees: Full-time regular employees who are laid off have the right to be placed on a re-employment list in inverse order of seniority for a period of two (2) years from the date of layoff. The employee with the greatest seniority on the re-employment list shall be offered reinstatement when a vacancy occurs in a classification in which the employee held regular status and for which the employee maintains minimum qualifications.
A laid-off employee may refuse an offer of re-employment to a position for which he/she is qualified, however, refusal of one (1) offer of re-employment to the classification from which he/she was laid off shall cause removal of the name from the re-employment list and loss of any employment rights. An employee who accepts an offer of re-employment will be removed from the re-employment list.
Offers of re-employment shall be made via certified mail to the address listed the reemployment list with a copy to the Union via regular mail, and shall include the specific position and/or hours being offered, the rate of pay, level of benefits, a current job description, and a place for the laid off employee's signature. Failure to deliver the signed employment offer to the City within ten (10) calendar days from the date of service of offer or re-employment shall be deemed a refusal of the offer of re-employment ''Date of service" is defined as the date marked on the certified mail return card, or the date the notice is returned by the postal service as undeliverable.
Regular full-time employees appointed from a re-employment eligibility list shall have seniority restored. No laid off employee accrues benefits or seniority while on layoff status, however, this date does not undermine whatever eligibility they may have benefits under federal and states mandates.
21. BEGIN NEGOTIATIONS FOR SUBSEQUENT MOU
The parties agree to reopen negotiations on or about April 1, 2025 2029 for the period beginning July 1, 2025 2029 regarding wages and compensation, health and welfare benefits plus any additional items selected by either party.
22. CLOSING CLAUSE
22.1 The effective date of this Memorandum of Understanding shall be July 1, 20222025, and shall remain in effect until June 30, 20252029.
22.2 Memorandum of Understanding shall be in force after its expiration for thirty (30) days, by mutual agreement, where negotiations between the City and Union have not resulted in a new F.4.b
Packet Pg. 104 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 22
Memorandum of Understanding.
22.3 If any provision of this Memorandum of Understanding should be found invalid, unlawful, or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other provisions of this Memorandum of Undemanding shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of invalidation of any provision, the City and the Union agree to meet within thirty (30) calendar days for the sole purpose of arriving at a mutually satisfactory replacement or resolution for such provision.
[SIGNATURES ON NEXT PAGE]
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Packet Pg. 105 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 23
SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding this _______________ day of _______________ , 2025.
TEAMSTERS LOCAL UNION NO. 856 CITY OF ORINDA
Peter Finn, Secretary-Treasurer Linda Smith, City Manager Juan Escobar, Business Agent Doug Alessio, Admin. Services Director Annette Soleil-Ramirez, Business Agent Ginger Staton, HR Manager Mark Callaway, Union Committee Gregory Ramirez, Chief Negotiator Robbie Thompson, Union Committee
F.4.b
Packet Pg. 106 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 24
APPENDIX A
Salary Schedule Table (July 12, 2025)
F.4.b
Packet Pg. 107 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 25
Salary Schedule Table (July 11, 2026)
F.4.b
Packet Pg. 108 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 26
Salary Schedule Table (July 10, 2027)
F.4.b
Packet Pg. 109 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 27
Salary Schedule Table (July 8, 2028)
F.4.b
Packet Pg. 110 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 28
APPENDIX B
Example: Medical Contribution Calculation
The following is an example of the medical contribution calculation starting with 2024 rates to determine calendar year 2025 contributions:
(A) (B)
Coverage Level
Total City Medical
Contribution
12/31/2024
Employee $ 979.84
Employee + 1 $ 1,959.66
Employee + 2 or more $ 2,547.56
(C) (D) (E) (F) (G)
Coverage Level 2024 Kaiser Actual
(Region 1)
% Increase over
2024 Rates
2025 Kaiser Actual
(Region 1)
Kaiser Additional
Premium $
Employee $ 1,021.41 8.96% $ 1,112.90 $ 91.49
Employee + 1 $ 2,042.82 8.96% $ 2,225.80 $ 182.98
Employee + 2 or more $ 2,655.67 8.96% $ 2,893.54 $ 237.87 (H) (I) (J) (K) (L) (M)
Coverage Level
2025 Additional
Premium $ (same
as G)
First 4% (City
Share)
65% of Amount
above 4% (City
Share) (I-J x 65%)
Total Increase 2025
City Contribution
(J+K)
2025 Total City
Medical
Contribution (B+L)
Employee $ 91.49 $ 40.86 $ 32.91 $ 73.77 $ 1,053.61
Employee + 1 $ 182.98 $ 81.71 $ 65.83 $ 147.54 $ 2,107.20 Employee + 2 or more $ 237.87 $ 106.23 $ 85.57 $ 191.80 $ 2,739.36 2025 Change in Maximum City Contribution
Prepared August 21, 2024
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Packet Pg. 111 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda and Teamsters Local No. 856
2025-2029 Memorandum of Understanding 29
APPENDIX C
Market Study - Future Comparability Surveys
Criteria for Selection of Agencies Based on Best Compensation Practices: Geographic location; Similarity of Population and Budget; and Areas of Service Delivery.
Cities: Danville; Pleasant Hill; Saratoga; Hercules; Lafayette; Pinole; Albany; American Canyon; Moraga; Piedmont; San Pablo; and Los Altos
Benchmark Classifications (Journey-level):
Accountant
Accounting Technician II
Administrative Assistant II
Associate Engineer
Associate Planner
Community Services Officer
Maintenance Worker II
Office Assistant
Planning Technician
Public Works Inspector
Recreation Coordinator
Recreation Supervisor I
Senior Administrative Assistant
Total Compensation Components:
List A1(Priority category):
Annual Base Salary (Top Step)
Health Insurance including cash in-lieu
Dental Insurance
Vision Insurance
Retiree Medical
Social Security Retirement
Deferred Compensation
List B:
Life Insurance
Short/Long Term Disability
Holidays
Sick Leave
Vacation Leave
Bereavement
Cash Out
Tuition/Professional Development
Other Fringe Benefits
Work Week
1 “List A” contains the components that represent the key or priority survey criteria to include in the survey; “List B” are additional criteria that will be included if relevant to negotiations.
F.4.b
Packet Pg. 112 Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - 2029 (3641 : Approve MOU City of Orinda
General Employee Salary ScheduleEffective July 12, 2025D R A F T Prepared May 16, 2025 Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Accountant 7/12/2025 General 7,875.35 9,609.42 7,875.35 45.43 8,277.07 47.75 8,699.28 50.19 9,143.03 52.75 9,609.42 55.44Accounting Technician I 7/12/2025 General 5,397.41 6,585.87 5,397.41 31.14 5,672.73 32.73 5,962.10 34.40 6,266.23 36.15 6,585.87 38.00 Accounting Technician II 7/12/2025 General 5,773.61 7,044.89 5,773.61 33.31 6,068.12 35.01 6,377.65 36.79 6,702.97 38.67 7,044.89 40.64 Accounting Technician III 7/12/2025 General 6,351.71 7,750.29 6,351.71 36.64 6,675.71 38.51 7,016.24 40.48 7,374.14 42.54 7,750.29 44.71 Administrative Assistant I 7/12/2025 General 5,085.13 6,204.82 5,085.13 29.34 5,344.52 30.83 5,617.14 32.41 5,903.67 34.06 6,204.82 35.80 Administrative Assistant II 7/12/2025 General 5,440.98 6,639.02 5,440.98 31.39 5,718.52 32.99 6,010.22 34.67 6,316.80 36.44 6,639.02 38.30 Assistant Engineer 7/12/2025 General 9,940.75 12,129.60 9,940.75 57.35 10,447.83 60.28 10,980.77 63.35 11,540.90 66.58 12,129.60 69.98 Assistant Planner 7/12/2025 General 8,719.22 10,639.11 8,719.22 50.30 9,163.99 52.87 9,631.45 55.57 10,122.75 58.40 10,639.11 61.38Associate Engineer 7/12/2025 General 10,634.54 12,976.16 10,634.54 61.35 11,177.01 64.48 11,747.15 67.77 12,346.37 71.23 12,976.16 74.86Associate Planner 7/12/2025 General 9,330.74 11,385.28 9,330.74 53.83 9,806.70 56.58 10,306.94 59.46 10,832.70 62.50 11,385.28 65.68Community Services Officer 7/12/2025 General 6,151.79 7,506.34 6,151.79 35.49 6,465.59 37.30 6,795.40 39.20 7,142.03 41.20 7,506.34 43.31Facility Maintenance Worker I 7/12/2025 General 5,869.49 7,161.90 5,869.49 33.86 6,168.89 35.59 6,483.57 37.41 6,814.30 39.31 7,161.90 41.32Facility Maintenance Worker II 7/12/2025 General 6,281.97 7,665.19 6,281.97 36.24 6,602.41 38.09 6,939.20 40.03 7,293.17 42.08 7,665.19 44.22 Maintenance Worker I 7/12/2025 General 5,869.49 7,161.90 5,869.49 33.86 6,168.89 35.59 6,483.57 37.41 6,814.30 39.31 7,161.90 41.32 Maintenance Worker II 7/12/2025 General 6,281.97 7,665.19 6,281.97 36.24 6,602.41 38.09 6,939.20 40.03 7,293.17 42.08 7,665.19 44.22 Maintenance Worker III 7/12/2025 General 6,909.43 8,430.81 6,909.43 39.86 7,261.88 41.90 7,632.31 44.03 8,021.63 46.28 8,430.81 48.64 Office Assistant 7/12/2025 General 4,432.97 5,409.07 4,432.97 25.57 4,659.10 26.88 4,896.76 28.25 5,146.54 29.69 5,409.07 31.21 Planning Technician 7/12/2025 General 6,242.75 7,617.34 6,242.75 36.02 6,561.19 37.85 6,895.88 39.78 7,247.64 41.81 7,617.34 43.95 Public Works Inspector 7/12/2025 General 8,282.04 10,105.67 8,282.04 47.78 8,704.51 50.22 9,148.53 52.78 9,615.20 55.47 10,105.67 58.30Recreation Coordinator 7/12/2025 General 6,207.88 7,574.79 6,207.88 35.81 6,524.54 37.64 6,857.36 39.56 7,207.15 41.58 7,574.79 43.70 Senior Administrative Assistant 7/12/2025 General 5,985.67 7,303.65 5,985.67 34.53 6,291.00 36.29 6,611.90 38.15 6,949.17 40.09 7,303.65 42.14 Position Title Effective Unit Monthly Position STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 F.4.b
Packet Pg. 113
Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - City of Orinda
General Employee Salary ScheduleEffective July 11, 2026D R A F T Prepared May 16, 2025 Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Accountant 7/11/2026 General 8,190.36 9,993.79 8,190.36 47.25 8,608.15 49.66 9,047.25 52.20 9,508.75 54.86 9,993.79 57.66 Accounting Technician I 7/11/2026 General 5,613.31 6,849.30 5,613.31 32.38 5,899.64 34.04 6,200.58 35.77 6,516.87 37.60 6,849.30 39.52 Accounting Technician II 7/11/2026 General 6,004.55 7,326.70 6,004.55 34.64 6,310.84 36.41 6,632.76 38.27 6,971.10 40.22 7,326.70 42.27Accounting Technician III 7/11/2026 General 6,605.78 8,060.30 6,605.78 38.11 6,942.74 40.05 7,296.89 42.10 7,669.10 44.24 8,060.30 46.50Administrative Assistant I 7/11/2026 General 5,288.54 6,453.02 5,288.54 30.51 5,558.31 32.07 5,841.84 33.70 6,139.83 35.42 6,453.02 37.23 Administrative Assistant II 7/11/2026 General 5,658.62 6,904.60 5,658.62 32.65 5,947.27 34.31 6,250.64 36.06 6,569.49 37.90 6,904.60 39.83 Assistant Engineer 7/11/2026 General 10,338.38 12,614.78 10,338.38 59.64 10,865.74 62.69 11,420.00 65.88 12,002.53 69.25 12,614.78 72.78Assistant Planner 7/11/2026 General 9,067.99 11,064.67 9,067.99 52.32 9,530.55 54.98 10,016.70 57.79 10,527.65 60.74 11,064.67 63.83Associate Engineer 7/11/2026 General 11,059.92 13,495.20 11,059.92 63.81 11,624.09 67.06 12,217.03 70.48 12,840.22 74.08 13,495.20 77.86Associate Planner 7/11/2026 General 9,703.97 11,840.69 9,703.97 55.98 10,198.97 58.84 10,719.22 61.84 11,266.01 65.00 11,840.69 68.31 Community Services Officer 7/11/2026 General 6,397.86 7,806.60 6,397.86 36.91 6,724.21 38.79 7,067.21 40.77 7,427.71 42.85 7,806.60 45.04 Facility Maintenance Worker I 7/11/2026 General 6,104.27 7,448.37 6,104.27 35.22 6,415.65 37.01 6,742.91 38.90 7,086.87 40.89 7,448.37 42.97Facility Maintenance Worker II 7/11/2026 General 6,533.25 7,971.81 6,533.25 37.69 6,866.51 39.61 7,216.77 41.64 7,584.90 43.76 7,971.81 45.99 Maintenance Worker I 7/11/2026 General 6,104.27 7,448.37 6,104.27 35.22 6,415.65 37.01 6,742.91 38.90 7,086.87 40.89 7,448.37 42.97Maintenance Worker II 7/11/2026 General 6,533.25 7,971.81 6,533.25 37.69 6,866.51 39.61 7,216.77 41.64 7,584.90 43.76 7,971.81 45.99Maintenance Worker III 7/11/2026 General 7,185.81 8,768.06 7,185.81 41.46 7,552.36 43.57 7,937.61 45.79 8,342.51 48.13 8,768.06 50.58 Office Assistant 7/11/2026 General 4,610.29 5,625.44 4,610.29 26.60 4,845.46 27.95 5,092.63 29.38 5,352.41 30.88 5,625.44 32.45Planning Technician 7/11/2026 General 6,492.46 7,922.03 6,492.46 37.46 6,823.64 39.37 7,171.71 41.38 7,537.54 43.49 7,922.03 45.70 Public Works Inspector 7/11/2026 General 8,613.32 10,509.89 8,613.32 49.69 9,052.69 52.23 9,514.47 54.89 9,999.80 57.69 10,509.89 60.63Recreation Coordinator 7/11/2026 General 6,456.20 7,877.79 6,456.20 37.25 6,785.53 39.15 7,131.66 41.14 7,495.45 43.24 7,877.79 45.45 Senior Administrative Assistant 7/11/2026 General 6,225.10 7,595.80 6,225.10 35.91 6,542.64 37.75 6,876.38 39.67 7,227.14 41.70 7,595.80 43.82 Position Title Effective Unit Monthly Position STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 F.4.b
Packet Pg. 114
Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - City of Orinda
General Employee Salary ScheduleEffective July 10, 2027D R A F T Prepared May 16, 2025 Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Accountant 7/10/2027 General 8,436.07 10,293.59 8,436.07 48.67 8,866.39 51.15 9,318.66 53.76 9,794.00 56.50 10,293.59 59.39 Accounting Technician I 7/10/2027 General 5,781.71 7,054.79 5,781.71 33.36 6,076.64 35.06 6,386.61 36.85 6,712.39 38.73 7,054.79 40.70 Accounting Technician II 7/10/2027 General 6,184.69 7,546.49 6,184.69 35.68 6,500.17 37.50 6,831.74 39.41 7,180.23 41.42 7,546.49 43.54 Accounting Technician III 7/10/2027 General 6,803.95 8,302.11 6,803.95 39.25 7,151.02 41.26 7,515.79 43.36 7,899.17 45.57 8,302.11 47.90Administrative Assistant I 7/10/2027 General 5,447.20 6,646.62 5,447.20 31.43 5,725.06 33.03 6,017.10 34.71 6,324.03 36.48 6,646.62 38.35 Administrative Assistant II 7/10/2027 General 5,828.38 7,111.73 5,828.38 33.63 6,125.69 35.34 6,438.16 37.14 6,766.57 39.04 7,111.73 41.03 Assistant Engineer 7/10/2027 General 10,648.53 12,993.23 10,648.53 61.43 11,191.71 64.57 11,762.60 67.86 12,362.61 71.32 12,993.23 74.96 Assistant Planner 7/10/2027 General 9,340.03 11,396.61 9,340.03 53.88 9,816.46 56.63 10,317.20 59.52 10,843.48 62.56 11,396.61 65.75Associate Engineer 7/10/2027 General 11,391.72 13,900.06 11,391.72 65.72 11,972.81 69.07 12,583.54 72.60 13,225.43 76.30 13,900.06 80.19 Associate Planner 7/10/2027 General 9,995.09 12,195.91 9,995.09 57.66 10,504.94 60.61 11,040.80 63.70 11,603.99 66.95 12,195.91 70.36 Community Services Officer 7/10/2027 General 6,589.80 8,040.80 6,589.80 38.02 6,925.95 39.96 7,279.24 42.00 7,650.55 44.14 8,040.80 46.39 Facility Maintenance Worker I 7/10/2027 General 6,287.40 7,671.82 6,287.40 36.27 6,608.12 38.12 6,945.20 40.07 7,299.47 42.11 7,671.82 44.26 Facility Maintenance Worker II 7/10/2027 General 6,729.25 8,210.96 6,729.25 38.82 7,072.51 40.80 7,433.28 42.88 7,812.45 45.07 8,210.96 47.37 Maintenance Worker I 7/10/2027 General 6,287.40 7,671.82 6,287.40 36.27 6,608.12 38.12 6,945.20 40.07 7,299.47 42.11 7,671.82 44.26 Maintenance Worker II 7/10/2027 General 6,729.25 8,210.96 6,729.25 38.82 7,072.51 40.80 7,433.28 42.88 7,812.45 45.07 8,210.96 47.37 Maintenance Worker III 7/10/2027 General 7,401.38 9,031.08 7,401.38 42.70 7,778.92 44.88 8,175.72 47.17 8,592.76 49.57 9,031.08 52.10Office Assistant 7/10/2027 General 4,748.60 5,794.20 4,748.60 27.40 4,990.83 28.79 5,245.41 30.26 5,512.98 31.81 5,794.20 33.43Planning Technician 7/10/2027 General 6,687.23 8,159.69 6,687.23 38.58 7,028.35 40.55 7,386.87 42.62 7,763.67 44.79 8,159.69 47.08Public Works Inspector 7/10/2027 General 8,871.72 10,825.18 8,871.72 51.18 9,324.27 53.79 9,799.90 56.54 10,299.79 59.42 10,825.18 62.45Recreation Coordinator 7/10/2027 General 6,649.89 8,114.12 6,649.89 38.36 6,989.10 40.32 7,345.61 42.38 7,720.31 44.54 8,114.12 46.81 Senior Administrative Assistant 7/10/2027 General 6,411.85 7,823.68 6,411.85 36.99 6,738.92 38.88 7,082.67 40.86 7,443.96 42.95 7,823.68 45.14 STEP 3 STEP 4 STEP 5 Position Title Effective Unit Monthly Position STEP 1 STEP 2 F.4.b
Packet Pg. 115
Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - City of Orinda
General Employee Salary ScheduleEffective July 8, 2028D R A F T Prepared May 16, 2025 Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Accountant 7/8/2028 General 8,689.15 10,602.41 8,689.15 50.13 9,132.38 52.69 9,598.22 55.37 10,087.83 58.20 10,602.41 61.17Accounting Technician I 7/8/2028 General 5,955.16 7,266.42 5,955.16 34.36 6,258.93 36.11 6,578.20 37.95 6,913.75 39.89 7,266.42 41.92Accounting Technician II 7/8/2028 General 6,370.23 7,772.89 6,370.23 36.75 6,695.18 38.63 7,036.70 40.60 7,395.64 42.67 7,772.89 44.84Accounting Technician III 7/8/2028 General 7,008.07 8,551.18 7,008.07 40.43 7,365.55 42.49 7,741.27 44.66 8,136.15 46.94 8,551.18 49.33Administrative Assistant I 7/8/2028 General 5,610.62 6,846.03 5,610.62 32.37 5,896.82 34.02 6,197.62 35.76 6,513.76 37.58 6,846.03 39.50 Administrative Assistant II 7/8/2028 General 6,003.23 7,325.08 6,003.23 34.63 6,309.45 36.40 6,631.30 38.26 6,969.56 40.21 7,325.08 42.26 Assistant Engineer 7/8/2028 General 10,967.99 13,383.04 10,967.99 63.28 11,527.47 66.50 12,115.49 69.90 12,733.50 73.46 13,383.04 77.21 Assistant Planner 7/8/2028 General 9,620.23 11,738.51 9,620.23 55.50 10,110.96 58.33 10,626.72 61.31 11,168.79 64.44 11,738.51 67.72 Associate Engineer 7/8/2028 General 11,733.47 14,317.05 11,733.47 67.69 12,331.99 71.15 12,961.04 74.78 13,622.18 78.59 14,317.05 82.60 Associate Planner 7/8/2028 General 10,294.94 12,561.78 10,294.94 59.39 10,820.08 62.42 11,372.01 65.61 11,952.10 68.95 12,561.78 72.47 Community Services Officer 7/8/2028 General 6,787.49 8,282.02 6,787.49 39.16 7,133.72 41.16 7,497.61 43.26 7,880.06 45.46 8,282.02 47.78 Facility Maintenance Worker I 7/8/2028 General 6,476.02 7,901.97 6,476.02 37.36 6,806.36 39.27 7,153.55 41.27 7,518.45 43.38 7,901.97 45.59 Facility Maintenance Worker II 7/8/2028 General 6,931.13 8,457.30 6,931.13 39.99 7,284.69 42.03 7,656.28 44.17 8,046.83 46.42 8,457.30 48.79Maintenance Worker I 7/8/2028 General 6,476.02 7,901.97 6,476.02 37.36 6,806.36 39.27 7,153.55 41.27 7,518.45 43.38 7,901.97 45.59 Maintenance Worker II 7/8/2028 General 6,931.13 8,457.30 6,931.13 39.99 7,284.69 42.03 7,656.28 44.17 8,046.83 46.42 8,457.30 48.79 Maintenance Worker III 7/8/2028 General 7,623.42 9,302.03 7,623.42 43.98 8,012.29 46.22 8,421.00 48.58 8,850.56 51.06 9,302.03 53.67 Office Assistant 7/8/2028 General 4,891.06 5,968.02 4,891.06 28.22 5,140.55 29.66 5,402.77 31.17 5,678.37 32.76 5,968.02 34.43 Planning Technician 7/8/2028 General 6,887.85 8,404.49 6,887.85 39.74 7,239.20 41.76 7,608.47 43.90 7,996.58 46.13 8,404.49 48.49 Public Works Inspector 7/8/2028 General 9,137.87 11,149.93 9,137.87 52.72 9,603.99 55.41 10,093.89 58.23 10,608.78 61.20 11,149.93 64.33Recreation Coordinator 7/8/2028 General 6,849.39 8,357.56 6,849.39 39.52 7,198.78 41.53 7,565.99 43.65 7,951.93 45.88 8,357.56 48.22Senior Administrative Assistant 7/8/2028 General 6,604.21 8,058.40 6,604.21 38.10 6,941.09 40.04 7,295.16 42.09 7,667.29 44.23 8,058.40 46.49 STEP 3 STEP 4 STEP 5 Position Title Effective Unit Monthly Position STEP 1 STEP 2 F.4.b
Packet Pg. 116
Attachment: Memorandum of Understanding Between the City of Orinda and Teamsters Local 856 2025 - RESOLUTION NO. 34-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING A REVISION TO ARTICLE 5 OF THE PERSONNEL RULES
REGARDING THE INTRODUCTORY PERIOD
WHEREAS, California law grants municipalities the authority to establish reasonable rules and regulations for the administration of employer-employee relations, following good faith consultation with recognized employee organizations; and WHEREAS, such rules help promote consistency, clear expectations, and effective communication between employees and management, serving as a foundation for resolving potential conflicts; and
WHEREAS, the City has met and conferred with Teamsters Local No. 856 and has provided notice to Unrepresented Employees regarding the proposed revision to Article 5 of the City’s Personnel Rules, which increases the introductory period for new and promoted employees from six (6) months to twelve (12) months; and WHEREAS, the proposed revision also removes the existing provision allowing the City Manager to extend the introductory period by an additional six (6) months.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda hereby approves the revision to Article 5 of the Personnel Rules, as described above.
Adopted by the City Council of the City of Orinda at a regular meeting on June 17, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Latika Malkani, Mayor
_________________________
Sheri Marie Smith, City Clerk
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Packet Pg. 117 Attachment: Resolution 34-25 Approving a Revision to Article 5 of Personnel Rules Regarding the Introductory Period (3641 : Approve MOU City of Orinda
Personnel Rules
5. INTRODUCTORY PERIOD
5.1 Purpose: For an employee assigned to a position other than temporary or seasonal, an introductory period regarded as a part of the testing process to closely observe the work performance, progress, and adjustment of the new employee is required. During this period, benefits for newly hired employees apply only to the extent outlined, in these rules, for introductory employees. Promoted regular employees retain the level of benefits that they were eligible for before the promotion.
5.2 Regular Appointment Following Introductory Period: All initial and promotional appointments shall be subject to an introductory period of twelve (12) months. After successful completion of the introductory period, the employee shall advance to regular status, and all benefits shall apply as outlined in these rules for regular employment status.
Written notice should be given to the employee indicating status at the end of each period.
5.3 Rejections During Introductory Period: An introductory employee whose performance does not meet the required standards of work performance may be terminated at any time without cause, without notice, and without right of appeal during the introductory period.
5.4 Rejection Following Promotion: Regular employees rejected during or at the conclusion of a promotional appointment introductory period shall be reinstated to the position from which they were promoted, or to as similar a position as possible, unless circumstances, including unavailability of an open position, warrant demotion or dismissal.
5.5 Effect of Leaves on Introductory Period: The granting of any approved leave of absence during the introductory period shall result in an extension of the introductory period for the same amount of time as the length of the leave.
5.6 At-Will Employees: These employees serve at will and employment may be terminated without cause. There is no introductory period for Management, temporary, seasonal and project employees.
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Packet Pg. 118 Attachment: Resolution 34-25 Approving a Revision to Article 5 of Personnel Rules Regarding the Introductory Period (3641 : Approve MOU F.4.c
Packet Pg. 119 Attachment: Resolution 34-25 Approving a Revision to Article 5 of Personnel Rules Regarding the Introductory Period (3641 : Approve MOU F.4.c
Packet Pg. 120 Attachment: Resolution 34-25 Approving a Revision to Article 5 of Personnel Rules Regarding the Introductory Period (3641 : Approve MOU City Council
Staff Report
Agenda Item: F.5
Date: June 17, 2025
Department: Human Resources
AGENDA TITLE: Revisions to the Unrepresented Employee Manual, Creation of New Job Classification, and Approval of Consolidated Salary Schedule RECOMMENDATION:
Take the following actions:
1) Adopt Resolution No. 35-25 Approving Revisions the Unrepresented Employee Manual;
2) Adopt Resolution No. 37-25 Approving the Assistant to the City Manager Classification and Salary Schedule;
3) Adopt Resolution No. 38-25, Approving an Updated Consolidated Salary Schedule; and
4) Approve Budget Change Form #002-26
BACKGROUND:
The City of Orinda employs a group of Mid-Managers and Managers who are unrepresented for the purpose of negotiating terms and conditions of employment. This group includes Department Heads, Managers, and Mid-Managers across all City departments, totaling 17 authorized full-time equivalent (FTE) positions.
Adjustments to the Unrepresented Employee Manual are developed by the City Manager in coordination with the Human Resources Manager. Changes were shared in advance with affected employees to ensure transparency.
The most recent update to the Unrepresented Employee Manual occurred on October 17, 2023. At that time, the City adopted new procedures aimed at strengthening recruitment and retention, based on input gathered during stay interviews with Staff.
Key changes included implementation of a five-step salary schedule for newly hired employees (with plans to transition existing employees), a new structure for performance-based salary increases, and the introduction of longevity pay.
The City Manager now presents for City Council consideration (1) an amended Unrepresented Employee Manual, (2) the creation of a new, unfunded job classification of Assistant to the City Manager, and (3) a Consolidated Salary Schedule that incorporates adjustments applicable to unrepresented employees.
DISCUSSION:
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Staff recommends that the City Council approve Resolution No. 35-25, amending the Unrepresented Employee Manual to incorporate a range of updates. These include clarifying language, adding new job classifications, and making several substantive changes to existing provisions. A redlined version of the Manual, showing all proposed updates, is provided as Exhibit A to the Resolution. Following is a summary of the proposed updates.
1.7 Salary Range: In July 2025, the City will complete its transition to a five-step salary schedule for all employees. The five-step Salary Range consists of five “steps” with approximately 5% between each step. As part of this transition, the legacy A-U salary schedule will be fully eliminated. Please note that a general salary increase as outlined in this report, effective in the first pay period of July 2025, is submitted as Resolution 38-25 for City Council consideration.
2.1 Length of Introductory Period: The introductory period for all new hires and promotional appointments will be extended from six (6) months to twelve (12) months.
2.5 Performance-Based Salary Increases: Amendments to Article 2.5 reflect the City’s full transition to a five-step salary schedule. Under the updated policy, employees who receive a performance evaluation rating of “Meets Expectations” or higher will be eligible for a one-step salary increase within the five-step range.
All references to the legacy A–U salary schedule, which included 1% incremental steps, have been removed, as all employees are now placed on the standardized five-step structure.
3.3 Leave Use: The restriction preventing employees from using General Leave during the first 90 days of employment is being removed. Because General Leave (Paid Time Off) is intended for both planned vacation and unplanned absences such as illness, the City has adopted a policy allowing employees to use leave as it is accrued. This update was previously implemented for General Employees with the adoption of the successor Memorandum of Understanding (MOU) on March 3, 2020, but was not reflected in the Unrepresented Employee Manual until now.
4.6 End of Year Office Closure: This section is being updated to provide clarification regarding the City’s annual office closure between the Christmas and New Year holidays. During this planned closure, employees have the following options:
• Use available accrued leave time;
• Take unpaid time off if no accrued leave is available; or • Continue working, provided they develop a specific work plan and notify their supervisor at least thirty (30) days prior to the start of the closure.
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5.1 Bereavement Leave: In alignment with recent changes to California state law effective January 1, 2023, this section has been updated to allow employees to take up to five working days off for bereavement. The City will continue to provide pay for three of those five days. The definition of “qualifying family members” has also been updated to reflect current legal standards.
5.3 Administrative Leave Program: This section has been updated to reflect the inclusion of newly established job classifications. The Maintenance and Facilities Superintendent and Principal Planner positions have been added to the MidManager group, which is eligible for 60 hours of Administrative Leave per fiscal year. Additionally, the Assistant to the City Manager position has been added to the Management group, which receives 80 hours of Administrative Leave annually.
7.1 Group Medical/Dental/Vision Insurance: This section describes the structure of employee contributions toward medical coverage and the City's approach to sharing future premium increases. While the cost-sharing formula remains unchanged, the language has been updated to reflect current premium rates and employee contribution amounts. Additionally, the example provided in Exhibit B has been revised to illustrate the most up-to-date cost scenarios.
7.1.4 Retiree Health Savings Account: This new subsection provides that, as soon as administratively feasible following the adoption of the Unrepresented Employee Manual updates, the City will establish a Retiree Health Savings Account (RHSA) plan for employees. Once the plan is in place, the City will contribute $110 per month for each eligible employee enrolled in the program.
7.1.5 Dental and Vision Benefits: This section establishes the effective date of dental and vision coverage for employees. The City will enhance the existing dental plan—which currently provides a $1,000 annual maximum with no orthodontia coverage. As soon as administratively feasible, the City will implement a new dental plan offering a $2,000 annual maximum and a $3,500 lifetime maximum for orthodontia benefits.
7.3 Retirement Plan: This section has been revised to clarify existing practices under the City’s 401(a) retirement plan administered by MissionSquare Retirement.
7.8 Safety Boots: The City provides an annual safety boot allowance for employees designated by the City Manager. The current allowance of $250 will be increased to $325. Additionally, the provision for boot resoling is being removed due to infrequent use.
Other updates to the Unrepresented Employee Manua include updates to job classifications covered in the mid-manager and manager group.
Approval of new Job Classification: Assistant to the City Manager F.5
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Pursuant to Section 3.1 of the City Personnel Rules, the City Council is responsible for approving all job classifications used by the City. In response to the growing number and complexity of citywide initiatives, and the increasing need for high-level professional support, the City Manager recommends establishing a new classification: Assistant to the City Manager.
Attachment D provides the proposed job description and corresponding salary range for this full-time, at-will position, which will be designated as an unrepresented management role. The Assistant to the City Manager will support the professional work within the City Manager’s Office, as well as the implementation of the City Council’s strategic priorities. Key areas of responsibility may include City Council relations, contract administration, disaster preparedness, communications, economic development, legislative analysis, and fiscal analysis.
The position is unfunded, as no budget allocation is currently available. Staff recommends approval of Resolution No. 37-25, formally establishing the classification and associated salary range.
Consolidated Salary Schedule
Staff also recommends approval of Resolution No. 37-25, adopting the Consolidated Salary Schedule, effective July 12, 2025. The updated schedule incorporates salary adjustments for both Unrepresented Employees and the General Employees unit, ensuring alignment and consistency across all classifications.
For Unrepresented Employees, general salary increases are brought to the City Council annually for review and approval. The proposed adjustments are consistent with the negotiated increases for represented employees and are as follows: 5.0% effective July 12, 2025; 4.0% effective July 11, 2026; 3.0% effective July 10, 2027; and 3.0 effective July 8, 2028.
In addition, Staff recommends a one-time equity adjustment to the salary for the City Engineer classification. This recommendation is based on internal equity considerations, as the current salary is only 5% above that of the Senior Civil Engineer, despite the City Engineer serving as a member of the Executive Management team and having oversight of all Engineering staff citywide. The proposed adjustment sets the City Engineer salary at 15% above the Senior Civil Engineer classification, aligning it more appropriately with comparable roles in similar jurisdictions.
NEXT STEPS:
Staff will work to implement the adjustments for unrepresented employees as described in this report and make updates to the Unrepresented Employee Manual. Some of those adjustments, such as establishing an RHSA plan, may require future City Council Action.
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FISCAL IMPACT:
On an annualized basis, the first year of these amendments will result in a net increase of approximately $185,000 (approximately $150,000 attributable to wage increases and $35,000 attributable to changes in benefit costs). The year-over-year cost increase from 2025-26 to 2026-27 would be $120,000.
Due to the timing of these changes, the budget assumptions used to prepare the recently adopted Fiscal Years 2025-26 and 2026-27 Biennial Budget did not reflect all the costs ultimately resulting from these changes. Budget Change Form #002-26 adds $95,000 and $160,000 for fiscal years 2025-26 and 2026-27 respectively to provide the remaining funding necessary to implement these changes. Approximately 90% of the increased costs will occur in the General Fund (Fund 100) with the remaining 10% occuring in the Gas Tax Fund (Fund 200), Measure R (Fund 106), and Storm Water (Fund 514). Budget Change Form #002-26 reflects increased appropriations for both the unrepresented employees and the represented employees for 2025-26 and 2026-
27. There is no fiscal impact associated with adding the Assistant to the City Manager classification since no funding is being requested at this time.
Although there is no immediate fiscal impact from the equity adjustment of the City Engineer salary scale, maximum annual future costs associated with this change are about $15,600.
ATTACHMENTS:
A. Exhibit A to Resolution 35-25
B. Resolution 35-25 Approving Revisions to Unrepresented Employee Manual C. Resolution 37-25 Approve the Assistant to CM Classification and Salary Schedule D. Exhibit A to Resolution 37-25
E. Resolution 38-25 Approving an Updated Consolidated Salary Schedule F. Exhibit A to Resolution 38-25
G. Budget Change Form #002-26
Respectfully Submitted by:
Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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City of Orinda
UnrepresentedEmployee Manual
As Amended by City Council
Resolution No. 35-25
(June 17, 2025)
As Amended by City Council
Resolution No. 34-22
(July 5, 2022)
Amended by City Council
Resolution No. 61-23
(October 17, 2023)
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Packet Pg. 127 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) Table of Contents
(page #’s may change once finalized)
ARTICLE 1:SALARY, OTHER PAY AND OVERTIME...............................................1
1.1 Intent ...............................................................................................................1
1.2 Hours and DaysofWork ..................................................................1
1.3 Workweek...............................................................................................1
1.4 Regular Workweek .................................................................................1
1.5 PaymentofSalaries ...............................................................................1
1.6 MandatoryProfessionalFeesandLicenses .........................................2
1.7 SalaryRange...................................................................................2
1.8 Premium Pay ..................................................................................2
1.9 Longevity Pay ................................................................................. 2-3 ARTICLE 2: INTRODUCTORY PERIOD ....................................................................4
2.1 Lengthof IntroductoryPeriod............................................................. 4
2.2 ObjectivesofIntroductoryPeriod....................................................... 4
2.3 RejectionDuringIntroductoryPeriod.................................................. 4
2.4 RejectionDuring IntroductoryPromotion ..............................................4
2.5 PerformanceBasedSalaryIncreases ............................................. 4-5 ARTICLE 3: GENERAL LEAVE.............................................................................................. 5
3.1 General Leave................................................................................5
3.2 Leave Approval ......................................................................................5
3.3 Leave Use.......................................................................................5
3.4 Regular Part-Time Employees ...............................................................5
3.5 Leave Scheduling ...........................................................................5
3.6 Maximum General Leave Accumulation.................................................5
3.7 Leave Cash-Out Option ......................................................................6
3.8 Leave Use Before Retirement .......................................................... 6
3.9 Payout upon Termination or Extended Unpaid Leave......................6
3.10 Holidays Occurring During Leave ....................................................... 6
3.11 Notice to Supervisor .................................................................................. 6
3.12 Medical Verification ............................................................................6
3.13 Injury Incurred in Outside Employment ............................................ 6
3.14 Effect of Leave without Pay on General Leave Accrual....................7
3.15 General Leave Benefits and Short-Term Disability Insurance ............ 7
3.16 Workers’ Compensation and Salary Continuation ............................. 7 ARTICLE4:HOLIDAYS...............................................................................................8
4.1 Holidays..................................................................................................8
4.2 FloatingHolidays................................................................................ 8
4.3 Eligibility ..................................................................................................... 8
4.4 Regular Part-TimeEmployeeEligibility.................................................9
4.5 NoWork on the Holiday .................................................................... 9
4.6 End of Year Office Closure ............................................................... 9 ARTICLE 5:OTHER PAIDLEAVESOFABSENCE..................................................10
5.1 Bereavement Leave..........................................................................10 F.5.a
Packet Pg. 128 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual)
5.2 Jury Duty Leave................................................................................ 10
5.3 Administrative Leave Program.............................................................10-12 ARTICLE 6: LEAVES OFABSENCE WITHOUT PAY .............................................. 13
6.1 Authorized Leave Without Pay......................................................... 13
6.2 Unauthorized Leave of Absence.......................................................13
6.3 FamilyCareLeave ........................................................................ 13
6.4 Military Leave ...................................................................................14 ARTICLE 7:EMPLOYEE FRINGE BENEFITS .........................................................15
7.1 Group Medical/Dental/Vision Insurance.................................15-18
7.2 Life lnsurance..........................................................................................18
7.3 RetirementPlan.......................................................................................18
7.4 Performance Bonus ............................................................................18-19
7.5 Continuing Education ...............................................................................19
7.6 Partially Subsidized Recreation Classes...............................................19
7.7 Flexible Benefits Plan .............................................................................. 19
7.8 Safety Boots ............................................................................................19 ARTICLE8:EMPLOYMENT AT-WILL...................................................................... 20
8.1 Employment At-Will.................................................................................20
8.2 No Right to Appeal Discharge................................................................20
8.3 Benefits................................................................................................20
8.4 Standards of Conduct .....................................................................20 ARTICLE9: LAYOFF P O L I CY A NDP R O CE D URE ..................... 21
9.1 Announcement of Layoff .............................................................. 21
9.2 Notification ...........................................................................................21
9.3 Appeal Procedures .................................................................................21 ARTICLE 10:DISCIPLINARY ACTION..................................................................... 22
10.1 Policy......................................................................................................22
10.2 FinalDecision Makerfor DisciplinaryAction....................................22
10.3 Disciplinary Actions ........................................................................ 22 ARTICLE 11: COMPLAINTS ANDAPPEALS ................................................ 23
11.1 Policy......................................................................................................23
11.2 FinalDecision Makerfor Purposesof this Article...........................23
11.3 Complaints.............................................................................................23
11.4 Right of Appeal...............................................................................23 ARTICLE 12:MISCELANNEOUS ITEMS .........................................................................24
12.1 Concessions .........................................................................................24
12.2 Me too Clause ...................................................................................... 24 EXHIBITA: CLASSIFICATIONS COVERED BY MANUAL....................................... 25 EXHIBIT B:GROUP MEDICAL CALCULATION EXAMPLE……….................... ….26 F.5.a
Packet Pg. 129 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 1 CITY OF ORINDA
UNREPRESENTED EMPLOYEEMANUAL
This document establishes the rules governing benefits and working conditions, which are in effect for unrepresented employees and have been approved by the City Council of the City of Orinda.
This Unrepresented Employment Manual provides the personnel policies and procedures that affect the working conditions and benefits of unrepresented employees appointed to a regular budgeted position (excludes temporary or seasonal employees), in the City of Orinda. Rules, which describe general policies of the City's personnel system, are found in the City of Orinda Personnel Rules. This manual supersedes the City of Orinda Personnel Rules when language is in conflict with this Manual.
ARTICLE 1
SALARY, OTHER PAY AND OVERTIME
1.1 Intent: This Section is intended only to define the normal hours of work and the time for which salary shall be paid. Nothing in these rules shall be construed as a guarantee of hours of work per day or per week, or of days of work per week. The City's pay records, practices and procedures shall govern the payment of all wages.
1.2 Hours and Days of Work: Full-time employees shall work a predetermined work schedule of 80 hours per two-week pay period with the start and end days and times of such workweek determined by the schedule of the employee.
1.3 Workweek: As soon as administratively possible, no later than September 24, 2022,thestandard The standard work week and payroll period for full-time employees will be based on a 9/80 work schedule pursuant to the City of Orinda Administrative Regulations Flexible and Compressed Work Schedule Policy Guidelines.
1.4 Regular Workweek: Flexible or compressed work schedules are authorized by the City Manager consistent with this Manual and in compliance with the City’s Flexible and Compressed Work Schedule Policy Guidelines.
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Packet Pg. 130 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 2 1.5 Payment of Salaries: Employees shall be paid on a bi-weekly basis. Employees will be paid every two (2) weeks, twenty-six (26) times annually. In the event that a payday falls on a holiday that is also a bank holiday, the paydaywill bethe preceding workday.
1.6 Mandatory Professional Fees and Licenses: The City will assume full payment of the mandatory professional fees and licenses required by employees in the following unrepresented classes in order to maintain their continued employment with the City of Orinda:
City Clerk
Director of Public Works and Engineering Services
City Engineer
Senior Civil Engineer
Paving Program Manager (Limited Term)
1.7 Salary Range: The current salary range shall be as adopted by the City Council in a Salary schedule which establishes the pay for all unrepresented positions.
The schedule shall identify a salary for each “step” within the range (steps “A”1 through “U”5). Effective October 21, 2023, new employees shall be appointed to a step within an approved 5-Step salary range.
1.8 Premium Pay: The Classification of Assistant City Manager/Department Head shall be provided 5% premium pay above his/her salary for the job classification for which he/she holds.
1.9 Longevity Pay: Longevity pay is additional compensation given to employees based on their length of service. The below differentials are additive only and will not compound with a previous differential the employee may have enjoyed.
Starting October 21, 2023, the The City will pay all full-time employees who have obtained at least a “meets expectations” on their most recent performance evaluation a longevity incentive as follows:
Effective the pay period starting October 21, 2023, employees Employees between ten (10) and up to fifteen (15) years of continuous service with the City of Orinda shall be given a one-hundred dollar ($100.00) longevity differential monthly.
Effective the pay period starting October 21, 2023, employees Employees between fifteen (15) and up to twenty (20) years of continuous service with the City of Orinda shall be given a one hundred and fifty-dollar ($150.00) longevity differential monthly.
Effective the pay period starting October 21, 2023, eEmployees between fifteen (20) and up to twenty-five (25) years of continuous service with the City of Orinda shall be given a two-hundred-dollar ($200.00) longevity differential monthly.
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Packet Pg. 131 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 3 Effective the pay period starting October 21, 2023, eEmployees with twenty-five (25) years or more years of continuous service with the City of Orinda shall be given a two hundred and fifty-dollar ($250.00) longevity differential monthly.
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Packet Pg. 132 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 4 ARTICLE 2
INTRODUCTORY PERIOD
2.1 Length of Introductory Period: All original and promotional appointments to positions in the regular service shall be tentative and subject to an introductory period. The length of the introductory period shall be six (6) twelve (12) months of actual service and must be completed withintwelve (12) months of the hire date.
2.2 Objectives of Introductory Period: The introductory period shall be regarded as a part of the selection process and shall be used to closely observe and evaluate the employees work, to secure the most effective adjustment of a new employee to his or her position and to eliminate any introductory employee whose performance does not meet the required standards of work.
2.3 Rejection during Introductory Period: During the introductory period, an employee may be rejected from employment at any time by the City Manager without cause and without the right of appeal.
2.4 Rejection During Introductory Promotion: An employee rejected during the introductory period following a promotional appointment shall be reinstated to the classification from which he or she was promoted unless charges are filed and he or she is discharged in the manner provided in the City of Orinda Personnel Rules.
2.5 Performance-Based Salary Increases: Upon satisfactory completion of the Introductory Period, the employee may qualify for a performance increase.
Advancement within the established range shall be granted by the City Manager based upon performance reviews conducted by the employee's supervisor following the introductory period, and annually thereafter, until such time as the top of the salary range is achieved. Based on a performance evaluation and associated “rating” employees shall advance 15 (5%) “steps” within the range so long as they receive a meets expectations or above rating.
For employees completing an introductory period, the effective date of any step increase is the first (1st) full pay period following the introductory performance evaluation.
For all other employees, the effective date is the first (1st) full pay period following the date of the performance evaluation. The intent is to have a review every twelve (12) months. Performance evaluations should be completed fifteen (15) days prior to the scheduled effective date of the performance-based salary advancement. No salary advancement will be granted until a performance evaluation is completed by the supervisor. The performance due date is applicable even if no performancebased salary adjustment is provided either (1) due to a performance rated as "needing improvement" or (2) as a result of an employee being at the top of his or her salary range.
For new employees, hired after October 21, 2023, the City will establish a traditional Five Step salary structure (5% increments between each step). The 5-Step salary F.5.a
Packet Pg. 133 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 5 structure will be equal to Step A, Step F, Step K, Step P and Step U. There is no change to the minimum and maximum ranges, or the general salary increase agreed upon by Council action. The movement from one step to the next 5% increment step will require the employee (not at the top of scale) to obtain a “meets expectations” or above rating on their introductory or annual evaluation.
The intent is to transition all employees to a 5-step salary structure.
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Packet Pg. 134 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 5 ARTICLE 3
GENERAL LEAVE
3.1 General Leave: Unrepresented employees shall be entitled to earn annual general leave asfollows:
Annual General Leave
Accrual
Years of Actual Service
19 days During the 1st year
20 days During the 2nd year
21 days During the 3rd year
22 days During the 4th year
23 days During the 5th year
24 days During the 6th year
25 days During the 7th year and subsequent years
3.2 Leave Approval: Leave should be approved, in advance, by the employee's department director, or, in the case of department directors, the City Manager, on forms provided by the Cityvia the electronic timekeeping system. In the case of an employee requesting leave due to an unanticipated illness, advance notice is not required.
3.3 Leave Use: The City Manager may grant special approval, on a case-by-case basis, for an employee to take General Leave within the first ninety (90) Days of employment. Employees shall not be entitled to take leave exceeding accrued leave.
Employees exempt under the Fair Labor Standards Act (FLSA) must use paid or unpaid leave to account for hours not worked if such hours exceed three (3) hours on any scheduled work day.
3.4 Regular Part-Time Employees: Part-time employees working a minimum of twenty (20) hours per week accrue General Leave benefits on a pro rata basis.
3.5 Leave Scheduling: The times during the calendar year at which an employee shall take his or her leave shall be determined by the department director, or, in the case of department directors, the City Manager, with due regard for the wishes of the employee and particular regard for service needs. If the requirements of the service are such that a department director or the City Manager cannot permit the employee to take any annual general leave or any part of such leave within a particular calendar year, the employee may accrue general leave according toSection 3.1 of this Manual.
3.6 Maximum General Leave Accumulation: Employees accrue leave up to a maximum of 480 hours. Part-time employees shall accrue general leave on a prorated basis. After accruing 480 hours or the part-time pro-rated equivalent limit, the employee does not accrue additional general leave until the employee uses sufficient general leave to fall below the maximum accrual amount. Upon termination accumulated general leave shall be paid to the employee at their F.5.a
Packet Pg. 135 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 6 regular rate of pay.
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Packet Pg. 136 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 7 3.7 Leave Cash-Out Option: Once during each fiscal year, employees who have accrued more than 160 hours of General Leave may elect to cash out a maximum of eighty (80) hours of accrued leave. A balance of no less than 160 hours must remain after cash out.
3.8 Leave Use Before Retirement: Accrued General Leave shall not be used immediately prior to retirement to the extent that it would extend the date of retirement.
3.9 Payout upon Termination or Extended Unpaid Leave: Upon termination, including death, extended military leave or other extended leave without pay, an employee or his or her estate shall be paid for all accrued unused leave at the employee’s base rate at the time of hisor hertermination.
3.10 Holidays Occurring During Leave: If an observed City holiday occurs during an employee’s scheduled leave, no deduction from accrued leave will be made for the holidayperiod.
3.11 Notice to Supervisor: In order to use General Leave to cover an absence due to an unanticipated illness, the employee shall notify his or her department Director or the City Manager prior to, or within two (2) hours after the time set for the beginning of the employee’s regular work hours. Leave for non-emergency medical appointments shall be requested in advance of theworkday.
3.12 Medical Verification: In the event an employee takes leave for an unanticipated illness or other related purpose without providing advanced notice, the City of Orinda retains the right to request a verification from a licensed medical practitioner under appropriate circumstances which include:
(1) showing that an employee's illness or disability has started or ended, before the City will allow an employee to take a leave or to return from leave, showing regular updates during a medical leave of absence regarding the employee's medical status and the date the employee expects to return to work, (3) where reasonable cause exists to believe that the employee is not medically fit to perform the essential functions of the job or that the employee cannot perform the job without endangering the health and safety of the employee or others, and (4) where reasonable cause exists to believe that the employee is abusing General Leave.
General Leave may be denied if a satisfactory verification is notreceived.
3.13 Injury Incurred in Outside Employment: Unless otherwise required by law, leave may be denied for an injury occurred while working for another employer.
The City may take disciplinary action against an employee for working for another employerwithout priorapproval from the City.
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Packet Pg. 137 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 8 3.14 Effect of Leave without Pay on General Leave Accrual: General Leave will not accrue during any period of absence without pay. General Leave is accrued on the basis of actual straight time hours worked or paid, based on a forty (40) hour workweek. Should the City implement a temporary reduction in work hours (i.e., furlough), employees shall continue to accrue General Leave based on an assumed forty (40) hour work week, or proration based on established part-time status.
3.15 General Leave Benefits and Short-Term Disability Insurance: Employees may use their accrued General Leave benefits during the normal waiting period before the eligible employees are paid benefits from Short-Term Disability Insurance. Following the waiting period, an employee will continue to receive accrued General Leave pay until exhausted.
3.16 Workers’ Compensation and Salary Continuation: Workers' Compensation payments shall commence in accordance with State law, on the fourth (4th) day following an industrial injury, unless the employee is hospitalized, in which case payment commences on the first (1st) day of injury. For the purpose of this Section, “hospitalized” means confinement.
For all employees who receive or shall receive workers' compensation benefits for an industrial injury, the City will pay retroactive compensation benefits to the eligible employee for the normal three (3) day waiting period before the employee is paid worker’s compensation benefits for temporary disability, pursuant to California law governing the industrial injury or illness.
Payments under the Workers' Compensation law for temporary disability or a recurrence thereof arising out of and in the course of employment shall be paid for a period not to exceed 365 days at a maximum payment of the employee's predisability pay, but shall not exclude any salary adjustments to which the employee is entitled. Thereafter, the employee will continue to receive only the temporary disability payments provided under State law.
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Packet Pg. 138 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 9 ARTICLE 4
HOLIDAYS
4.1 Holidays: The City observes the following holidays and provides all regular fulltime and part-time employees time off with pay at their normal base rate unless otherwise provided in thisArticle.
Holiday Day Observed
New Year’s Day January 1
Martin Luther King Jr. Day Third Monday inJanuary
Washington's Birthday Third Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday inSeptember
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
The DayAfter Thanksgiving Fourth Friday in November
Christmas Eve As designated by City Manager
Christmas December 25
If the observed holiday falls on a Saturday, the City shall observe it on the Friday immediately preceding the holiday. If the observed holiday falls on a Sunday, the City shall observe it on the Monday immediately following the holiday. The City Manager may designate the days to be recognized for Christmas Eve and Christmas Holidays in order to facilitate the end-of-year office closure.
4.2 Floating Holidays: All full-time employees shall be granted two floating holidays each calendar year. In the first calendar year of employment, employees shall be granted prorated floating holidays as follows:
Date of Hire Number of
Floating Holidays
Hired July1 September 30 2 days
Hired October1 - March31 1 day
Hired April 1 June 30 0 days
All use of floating holidays must be approved, in advance, by the employee's department director, or, in the case of department directors, the City Manager, on forms approved by the City. The days on which the employee shall take his or her floating holiday(s) shall be determined by the department director or the City Manager with due regard for the wishes of the employee and particular regard for service needs. If unused, the floating holidays expire at end of the fiscal year.
4.3 Eligibility: In order to be eligible for holiday pay, an employee must be on paid leave status on his or her regularly scheduled workdays before the holiday. If an F.5.a
Packet Pg. 139 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 10 employee is on unpaid leave status, he or she will not be paid for the observed holiday.
4.4 Regular Part-Time Employee Eligibility: Regular part-time employees are eligible for holiday benefits on a pro rata basis.
4.5 No Work on the Holiday: Employees covered in this Manual who are scheduled to work on the day observed as a holiday will be granted an alternative 8 or 9 hours of holiday leave. The alternative holiday leave must be scheduled by the department director, or, in the case of a department director, the City Manager, during the same pay period.
4.6 End of Year Office Closure: Commencing in 2022, the The majority of the City’s offices will be closed between the Christmas and New Year holidays. Observance of holidays surrounding this closure may be adjusted by the City Manager to limit the number of days to three days in which employees may select as follows:
• Employees may use accrued leave for the time they are not at work. This includes general leave, floating holiday or management leave. • Employees may choose to take time unpaid if they do not have sufficient accrued leave time.
• Employees who do not want to take leave time during the closure or employees who do not have available leave time and preferdo not want to be in unpaid status may choose to continue to working. To do so, if they must develop a specific work plan and notifywith their supervisor at least thirty (30) days prior to the start of the end of year office closure.
F.5.a
Packet Pg. 140 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 10 ARTICLE 5
OTHER PAID LEAVES OF ABSENCE
5.1 Bereavement Leave: Any employee who experiences a death in the immediate of a qualifying family member as defined by law is granted leave of up to three (3) five (5) working days off with up to three (3) of those working days ofas paid leave for the purpose of attending the funeral or memorial service.within three months of the date of death of the family member. To be eligible, an employee must have been employed for at least thirty (30) days before the commencement of the bereavement leave. “Qualifying family member” as defined by law includes spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The employee will also consider as a “qualifying family member” the following: sibling-in-law, the spouse or domestic partner of a child, aunt, uncle, or dependent."Immediate family" is limited to spouse or domestic partner, mother, father, sister, brother, child, grandmother, grandfather, aunt, uncle, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild or dependent.
The City may require the employee supply documentation of a family member’s death per State law requirements.
The department director, or, in the case of department directors, the City Manager, may, within his or her discretion, grant the employee additional time off provided that all accrued leave shall be used prior to taking a leave of absence without payfor this purpose.
In special cases, the City Manager may grant bereavement leave within his or her discretion to allow an employee to attend a funeral or memorial service because of the death of persons not included within the definition of immediate family.
5.2 Jury Duty Leave: Any regular employee who is called or required to serve as a juror, upon notification and appropriate verification submitted to his or her immediate supervisor, shall be entitled to be absent with pay from his or her duties with the City during the period of such service and while necessarily being present in court as a result of such call. An employee is required to be present at work when not serving as a juror or as a member of a jury selection panel. An employee will notify his/her supervisor of any requirements (on-call status) made by the court that may affect the employee's ability to simultaneously fulfill his/her jury duty service and employment obligations. The employee must surrender to the City any payment received for jury service, excluding mileage reimbursement.
Employees who are called to testify pursuant to a subpoena shall be allowed to use General Leave. If the employee is subpoenaed for City litigation, leave with pay will be given.
5.2 Administrative Leave Program: Employees who are in classifications which are FLSA Exempt receive Administrative Leave at the beginning of each fiscal year (July 1st) or pro-rated during the course of the year when employed less than a full year.
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Packet Pg. 141 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 11 In the first calendar year of employment, employees shall be granted leave or pro-rated administrative leave as follows:
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Packet Pg. 142 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 12 5.3 Administrative Leave Program
Mid Managers Administrative Leave First Year
of Appointment To Eligible Position
Date of Hire Number of Administrative
Leave Hours
Hired July 1-September 30 60 Hours
Hired October 1 –March 31 40 Hours
Hired April 1 – June 30 0 Hours
Employees in the following classifications, referred to as the "Mid- Management" group, will be credited with sixty (60) hours of Administrative Leave each fiscal year based on the above schedule. The City Manager may approve up to an additional twenty (20) hours based on the recommendation of the employee's Department Director.
Facilities & Parks Supervisor Management Analyst I/II
Public Works Supervisor Recreation Manager
Recreation Supervisor II Senior Accountant
Senior Civil Engineer Senior Management Analyst
Senior Planner Human Resources Manager
Maintenance & Facilities Superintendent Principal Planner Management Administrative Leave First Year
of Appointment To Eligible Position
Date of Hire Number of Administrative
Leave Hours
Hired July 1-September 30 80 Hours
Hired October 1 –March 31 40 Hours
Hired April 1 – June 30 0 Hours
Employees in the following classifications, referred to as the “Management” group, will be credited with eighty (80) hours of Administrative Leave each fiscal year on the above schedule.
City Clerk
Administrative Services Director
Director of Parks & Recreation
Director of Planning
Director of Public Works and Engineering Services
City Engineer
Assistant City Manager / Department Head
Assistant to the City Manager
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Packet Pg. 143 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 13 This administrative leave is granted to employees whose job responsibilities cause them to work numerous hours in excess of the normal City workweek. The City Manager has the authority to rescind administrative leave in those instances of abuse or misuse of the intent of this provision.
Administrative leave taken must be approved in advance by the employee's supervisor, or, in the case of department directors, the City Manager, and posted to the employee's timecard. Employees exempt under the FLSA must use paid or unpaid leave to account for hours not worked if such hours exceed three (3) hours on any scheduled workday. Administrative leave is not charged against other accrued leave balances. Unused administrative leave may not be carried over to the next fiscal year.
Upon termination or retirement, no monetary award will be authorized for unused accumulated administrative leave.
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Packet Pg. 144 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 14 ARTICLE 6
LEAVES OF ABSENCE WITHOUT PAY
6.1 Power to Grant Leave: The City Manager shall have the power within his or her sole discretion to grant leaves of absence, with and without pay.
6.2 Authorized Leave without Pay: A department director may grant or deny a leave of absence to an employee within his or her department without pay for a period not to exceed ten (10) working days. Leave without pay shall not be granted for more than ten (10) working days except upon written request of the employee and written approval of the City Manager.
6.2.1 Required Exhaustion of Accrued Leave: In the event of an authorized absence due to illness, the employee must use all accrued leave prior to receiving authorization for leave without pay. In the event of personal leaves not related to sickness, the employee must use all accrued Administrative Leave and General Leave prior to receiving authorization for leave without pay.
6.2.2 Grounds for Discharge: Failure on the part of an employee to report to work promptly at the expiration of the authorized leave without pay will result in discipline up to and includingtermination.
6.3 Unauthorized Leave of Absence: All paid and unpaid leaves of absence must be approved in accordance with the applicable sections of this Manual. Any absence on the part of the employee who has failed to obtain such approval or failure of an employee to report for duty without appropriate authorization as required by each department will result in the employee being placed on unauthorized leave of absence without pay.
6.3.1 Grounds for Discharge: Unauthorized leave of absence without pay shall be cause for disciplinary action up to and including termination.
6.4 Family Care Leave: The City will fully comply with the requirements of the state and federal law regarding pregnancy disability leave and medical/family illness/child care/militaryleave.
All leaves of absence under this Section are unpaid unless an employee has accrued General Leave or Administrative Leave. General Leave and Administrative Leave may be integrated with any disability insurance payments.
Application for use of leave under this Section must be made as provided in Administrative Regulation 2.2 ("Family Medical Leave (FMLA/CFRA)/Pregnancy Disability Leave (PDL)").
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Packet Pg. 145 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 15 6.5 Military Leave: The City of Orinda grants applicable employees leaves of absence as required by law, including the Uniformed Services Employment & Reemployment Act of 1994 (USERRA), and state law for the purpose of fulfilling any required military obligation
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Packet Pg. 146 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 16 ARTICLE 7
EMPLOYEE FRINGE BENEFITS
7.1Group Medical/Dental/Vision Insurance:
The City shall continue participation in CalPERS medical insurance plans for employees and their dependents.
The City shall contribute on behalf of the employee the required CalPERS Employer Minimum Contribution amount for plan participants as determined by CalPERS. This amount is one hundred fifty-eightforty-nine dollars ($149158) for 2022 2025and is scheduled to be one hundred fifty-one dollars ($151) for 2023.
For Active Members who have elected to enroll in Health Insurance, in addition to the PERS Minimum, the City shall contribute a supplemental / additional amount to be used to pay premiums for Health Insurance Coverage through an Internal Revenue Code Section 125 Plan (PLAN). The Section 125 Plan shall include a provision for premium conversion and may also offer voluntary participation in pretax contributions for: health care reimbursements, dependent care reimbursements, and other eligible benefits.
Deductions are made in equal amounts on the first two paychecks issued in a month (24 times per year). Deductions are made in the month preceding the month of coverage (i.e., December deductions are based on premiums for January).
CalPERS establishes when benefits shall begin, which currently is on the first (1st) day of the month following the date of hire or the date the Human Resources Representative receives the completed enrollment form. Employees who do not elect coverage within 60 days of hire may be subject to review and approval by the health insurance company.
Medical Premium Contributions (Active Employees):
Effective January 1, 2022 2025 – December 31, 20222025, the City shall contribute monthly the following maximum “Total City Medical Contribution” amounts towards the employee’s monthly medical premium for the employee’s coverage level:
CITY CONTRIBUTION PLAN YEAR 2022
COVERAGE
LEVEL
CalPERS
MINIMUM
CONTRIBUTION
SUPPLEMENTAL
BENEFIT
TOTAL CITY
MEDICAL
CONTRIBUTION
Employee $149.00158.00 $699.22895.61 $848.221,053.61
Employee +1 $149.00158.00 $1,547.421,949.20 $1,696.422,107.20 Employee
+Family
$149.00158.00 $2,056.352,581.36 $2,205.352,739.36
Beginning with health plan premium rates effective January 1, 20212025, the maximum Total City Medical Contribution shall adjust as follows. The City shall F.5.a
Packet Pg. 147 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 17 calculate the percentage increase in each coverage level of the new monthly Kaiser premium compared to the prior year’s monthly premium for Kaiser. If the increase is 4 percent or less, the full amount of the increase shall be added to the Total City Medical Contribution and paid by the City. If the increase is over 4 percent, the first four percent (4%) of increase in the Kaiser medical insurance monthly premium rate over the prior Plan Year’s Kaiser medical insurance monthly premium rate shall be paid by the City, but amounts over this shall be shared based on the following proportions between the City and the employee, with the City contributing sixty-five percent (65%) of the monthly Kaiser plan increase over four percent (4%) and the Employee paying thirty-five percent (35%) of the monthly Kaiser plan increase over four percent (4%) through an employee-authorized payroll deduction.
See attached example for medical contribution calculation, which is added to the Unrepresented Manual as Exhibit B.
At no time shall the employee receive a City contribution amount more than the selected medical plan cost.
If an employee elects a medical plan offered by the City with premiums exceeding the Total City Medical Contribution, employee-authorized payroll deductions will be made for the difference in premiums, so the employee shall pay for the amount of the selected plan’s premium that is over the City contribution as calculated for the plan year. Any employee who is required to partially pay premiums shall be allowed to make these payments with pre-tax deductions through the flexible benefits plan.
7.1.1 Part Time Employment: All part-time employees who work a minimum of twenty (20) hours, but less than forty (40) hours per week, qualify to receive pro-rated health and dental benefits and shall pay a pro rata portion of the health and dental insurance premiums. Full-time employees who accept part-time employment in lieu of layoff shall continueto receivefull healthand dentalbenefits paidby the City.
7.1.2 Non-Acceptance of Medical Insurance: An employee may elect to opt out of the medical insurance provided by the employer and receive in its place $474.93 per month, with pro-rated compensation for part-time employees. This option is available to all employees regardless of marital or family status.
To opt out, the employee must certify annually that they have comparable health insurance for themselves, as well as all of their eligible dependent. (Does not include coverage from the Exchange). An election to re-enroll in medical coverage can only occur with the permission of the insurance provider. Cash-in-Lieu is only available for medical, not dental and vision.
7.1.3 Retiree Medical Coverage Benefit: As allowed by PERS Medical Plans, retirees of the City who meet eligibility requirements are eligible for a City contribution towards monthly medical premiums up to the PERS Minimum Monthly benefit.
F.5.a
Packet Pg. 148 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 18 For employees hired on or before October 31, 2019, eligibility requirements for a retiree are:
A) Has completed seven (7) years of service with the City. A year of service is defined as one thousand (1,000) hours worked within an anniversary year in a regular position either part-time (twenty or more hours per week) or full time; and
B) Has reached the age of 55; and
C) Is no longer employed by the City of Orinda; and
D) Was actively enrolled in the City’s health insurance program at the time their City employment ended; and
E) Elects to continue active enrollment in the City’s health insurance program upon leaving City employment.
F) The retiree is responsible for making timely payment to the City for monthly premium amounts which exceed the PERS Minimum, or coverage will be terminated.
For employees hired after November 1, 2019, eligibility requirements for a retiree are:
G) Have completed fifteen (15) years of service with the City. A year of service is defined as one thousand (1,000) hours worked within an anniversary year in a regular position either part-time (twenty or more hours per week) or full time; and
H) Have reached the age of 60; and
I) Is no longer employed by the City of Orinda; and
J) Was actively enrolled in the City’s health insurance program at the time their City employment ended; and
K) Elects to continue active enrollment in the City’s health insurance program upon leaving City employment.
L) The retiree is responsible for making timely payment to the City for monthly premium amounts which exceed the PERS Minimum, or coverage will be terminated.
7.1.4 Retiree Health Savings Account: As soon as administratively feasible following the adoption of Resolution No. 35-25, the City shall establish a Retiree Health Savings Account (RHSA) plan for employees. Once the plan is in place, the City will contribute one hundred ten dollars ($110) per month on behalf of each eligible employee enrolled in the plan.
7.1.45 Dental and Vision Benefits: Dental and vision benefits shall begin the first (1st) day of the calendar month following the date of hire. For dental and vision, coverage shall end the last day of the month an employee is in pay status, except in the case of leave in accordance with the Family and Medical Leave Act.
The City will pay up to the full family premium for dental and vision plans for the employee and eligible dependents, including a domestic partner., with rate increases up to 10% annually.
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Packet Pg. 149 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 19 7.2 Life Insurance: The City shall provide basic group life insurance coverage by a carrier of the City's choice to all employees and pays the full amount of the life insurance coverage in the amount of one (1x) times the employee's annual salary up to $150,000 maximum and based upon the Standard Life Insurance company’s age reduction schedule. Life insurance shall become effective the first (1st) day of the calendar month following appointment, and shall continue until the last day of employment. In addition, all unrepresented employees may purchase additional coverage at the City's rate.
7.3 Retirement Plan: The City provides a defined contribution retirement plan (401(a) Plan) to all employees. The City will make contributions on behalf of eligible employees to the MissionSquare Retirement (ICMA- RC) Money Purchase Plan (401(a)) beginning the first (1st) day of employment, in the amount of thirteen percent (13%) of basesalary.
Employees in the Mid-Management and Management groups will be provided a onetime, irrevocable opportunity upon hire to elect a voluntary contribution to the Citysponsored 401(a) plan. This election must be made in writing at the time of hire, and, once submitted, the selected contribution percentage is irrevocable and will remain in effect for the duration of the employee’s participation in the plan.
Employees may elect to contribute up to tenthree percent (103%) of their base salary to this the 401(a) plan. and the The City shall will providecontribute a matching contribution up to three percent (3%) match. This contribution shall be in addition to the contribution provided above and commence with the employee’s first (1st) day of employment.
7.3.1 401(a) Retirement Plan Vesting: Per the City's Agreement with MissionSquare Retirement (ICMA-RC), the vesting period for the 401(a) plan is 100 % vested with minimum age fifty-five (55) years old or:
Years of Service Completed Percent Vested
Zero 0%
One 33%
Two 67%
Three 100%
7.3.2 Deferred Compensation Plan: Mid-Management and Management employees are eligible to participate in the City’s 457 Deferred Compensation Plan through voluntary payroll deductions from the employee's salary.
Employees may contribute, by payroll deduction, an amount up to the maximum allowed by law to the 457 Deferred Compensation Plan. Any money employee contributes from their paycheck to the 457 Deferred Compensation F.5.a
Packet Pg. 150 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 20 Plan is immediately 100% vested because there are no employer contributions.
7.4 Performance Bonus: The City Manager may grant a one-time non-recurring performance bonus to any employee who demonstrates outstanding public service, provides significant cost-savings suggestions or otherwise achieves outstanding performance standards. Additionally, it is the intent of the City Council to appropriate funds at the mid-year, based on favorable revenues and expenses, for the City Manager to grant bonuses to Managers based on performance.
7.5 Continuing Education: The City will reimburse an employee for tuition and books, up to a maximum of $1,200 annually, for employees enrolled in fields of study, as approved by the City Manager, which are directly related to his/her current position or career progression. To qualify, the employee must have been employed for one (1) year prior to entering the study program.
7.6 Partially Subsidized Recreation Classes: The City allows unrepresented employees and their dependents aged eighteen (18) and under to register for programs under the Parks and Recreation Department for fifty percent (50%) of the resident fee. Participation in Recreation programs is not part of the employee's work related duties, is not required for continued employment and is not considered part of a City sponsored physical fitness program. The City of Orinda shall not be liable for any injury that may arise out of an employee's participation in these programs. The portion of the program fees that is waived issubject to federal and state income tax withholding.
7.7 Flexible Benefits Plan: The City of Orinda has a full flexible benefits plan for all unrepresented City employees as listed in Exhibit A. Full description of the plan, along with the annual update, can be requested from HumanResources.
7.8 Safety Boots: Certain positions are required to wear safety (steel toe) work boots while working in the field. For positions designated by the City Manager to meet this criteria, the City will provide a budgeted allowance of up to two three hundred dollars twenty-five fifty dollars ($325250) once every calendar year for the purchase of safety boots and up to one hundred dollars ($100) in any consecutive 24-month period for resoling of safety work boots.
Upon advance approval of the City Manager, an employee may use the City issued purchase card for purchase or resoling of safety boots, provided the charge does not exceed the amount of the allowance. Whether an employee uses the City issued purchase card or requests a reimbursement an itemized receipt must be presented.
Said purchase with a City issued purchase card or reimbursement shall be contingent upon the employee consulting and receiving prior approval from the Department Head as to the safety boot to be purchased. Reimbursements will be issued within 20 days of submitting a complete request.
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Packet Pg. 151 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 21 ARTICLE 8
EMPLOYMENT AT-WILL
8.1 Employment At-Will: Employees in the following classifications are employed by the City in an "at-will" status. This means that both the "At- Will" employee and the City have the right to terminate employment at any time, with or without advance notice, and with or without cause. No employee or officer of the City of Orinda has the authority to alter the employee's at-will status or to enter into an oral or written agreement for employment for a specified period of time, or to make any promises, assurances or agreements contrary to the provisions of this Section.
Administrative Services Director
City Clerk
Director of Parks and Recreation
Director of Planning
Director of Public Works and Engineering Services
Assistant City Manager / Department Head
City Engineer
Assistant to the City Manager
8.2 No Right to Appeal Discharge: An "At-Will" employee who is discharged has no right of appeal or hearing inany manner provided bythis Manual.
8.3 Benefits: Employees identified as "At-Will" who regularly work twenty (20) or more hours per week shall be entitled to those benefits as specified for employees by this Manual. Temporary/Seasonal Employees are not eligible for any benefits provided under this Manual, except those expressly required by State or Federal law.
8.4 Standards of Conduct: "At-Will" employees are subject to the same standards of conduct that prevail over regular employees. Any evaluations, warnings or disciplinary action provided to "At-Will" employees regarding their conduct or job performance does not create any obligation or duty on the City's part to provide a warning or evaluation or corrective progressive discipline prior to discharge and in no way negates or otherwise abrogates the City's right to discharge "AtWill" employees for any reason without notice at any time during their employment and without right of appeal.
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Packet Pg. 152 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 22 ARTICLE 9
LAYOFF POLICY
AND PROCEDURE
9.1 Announcement of Layoff: A layoff may be necessitated by, but not limited to the following: shortage of work or fund change; a change in the direction of the organization; and/or the abolition of positions, departments in whole or in part. In the event of a layoff, the City Manage shall notify the Human Resources Manager of the intended action and the reason for the layoff.
9.2 Notification: Employees will be notified individually, in writing, of pending layoff as soon as possible, with no less than thirty (30) calendar days’ notification if targeted for termination.
9.3 Appeal Procedures: The decision to implement a layoff is not appealable.
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Packet Pg. 153 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 23 ARTICLE 10
DISCIPLINARY ACTION
10.1 Policy: Prior to the suspension, disciplinary demotion or discharge of an employee for disciplinary purposes, the procedure set forth in this Section shall be complied with provided, however, that only those employees not at- will shall be entitled to the notice, rights and procedures provided under Personnel Rule Section 9, DisciplinaryProcedures.
10.2 Final Decision Maker for Disciplinary Action: For purposes of this Article, the City Manager is the final decision maker for City of Orinda employees.
10.3 Disciplinary Actions: For regular employees only, the department director shall make a recommendation to the Human Resources DepartmentDivision pursuant to the procedures established in the City of Orinda PersonnelRules.
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Packet Pg. 154 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 24 ARTICLE 11
COMPLAINTS AND APPEALS
11.1 Policy: The procedure for filing complaints and appeals by employees set forth in this section shall be complied with pursuant to the provisions of this Manual.
11.2 Final Decision Maker for Purposes of this Article: For purposes of this Article, the City Manager is the final decision maker for City of Orinda employees.
11.3 Complaints: Disciplinary action shall be taken in accordance with Section 10 of this Manual. All other complaints by employees, except complaints about compensation, which allege a violation of the Personnel Rules or this Manual shall be filed through proper channels, commencing with the Department Director, and then to the final decisionmaker.
11.3.1 Compensation Complaints: All complaints involving or concerning the payment of compensation shall be filed in writing with the City Manager.
The City Manager shall respond in writing within thirty (30) calendar days. Only complaints which allege that employees are not being compensated in accordance with the policies, rules and resolutions of the City Council shall be considered as complaints under this Section.
11.3.2 Discrimination Complaints: An employee may file a complaint in accordance with the Cityof Orinda Personnel Rules Section 7.
11.4 Right of Appeal: An aggrieved employee shall have the right to appeal the decision of the final decision maker regarding the aggrieved employees disciplinary dismissal, demotion, suspension or complaint as described in the City of Orinda Personnel Rules except in instances where the right to appeal is prohibited by the Personnel Rules or the provisions of this Manual.
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Packet Pg. 155 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 25 ARTICLE 12
MISCELLANEOUS ITEMS
12.1 Concessions: No concession(s) shall be experienced by the Unrepresented Group prior to those experienced by the General Employees Group unless agreed to by the Unrepresented Group.
12.2 Me too Clause: Benefits negotiated by the General Employees' Group shall be provided to the Unrepresented Group except that the Unrepresented Group shall have the right to refuse any and all benefits.
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Packet Pg. 156 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) 26 EXHIBIT A
REGULAR CLASSIFICATIONS COVERED BY
UNREPRESENTED EMPLOYEE MANUAL
Classification Status
Administrative Services Director At Will
Assistant to the City Manager At Will
City Clerk At Will
City Engineer At Will
Director of Parks & Recreation At Will
Director of Planning At Will
Director of Public Works At Will
and Engineering Services
Assistant City Manager / Department Head At Will
Senior Management Analyst Regular
(Assigned as Assistant to the City Manager)
Facilities & Parks Supervisor Regular
Human Resources Manager Regular
Maintenance & Facilities Superintdendent Regular
Management Analyst I/II Regular
Principal Planner Regular
Recreation Manager Regular
Recreation Supervisor I/II Regular
Senior Accountant Regular
Senior Civil Engineer Regular
Senior Planner Regular
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Packet Pg. 157 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual)
EXHIBIT B
Group Medical Contribution
Calculation Example
EXAMPLE:
The following is an example of the medical contribution calculation starting with 2024 rates to determine calendar year 2025 contributions.for explanation purposes only. This example will assume an increase in 2023 Kaiser Rates, which may be more or less and will change the actual results once the rates are known.
2025 Change in Maximum City Contribution
SAMPLE CALCULATION
How Change In Total City Medical Contribution Is Determined (Assuming an approximate 5% increase in Kaiser rate 2023– actual will vary) CITY MONTHLY MEDICAL CONTRIBUTION IN EFFECT JANUARY 2022 - DECEMBER 2022:
(A) (B)
Coverage Level Total City
Medical
Contribution
12/31/20222024
Employee $ 848.22979.84
Employee + 1 $
1,696.421,959.66
Employee + 2 or
more
$
2,205.352,547.56
(C) (D) (E) (F) (G)
Coverage Level 2022 2024
Kaiser Actual
(Region 1)
Example -
% Increase
over 2024
Rates
Example
Assumed 2023
2025 Kaiser
Actual(5%
inc.)(Region 1)
Example
2023 Kaiser
Addl Premium
$
Employee $
857.061,021.41
8.965% $
899.911,112.90
$
42.8591.49
Employee + 1 $
1,714.122,042.82
8.965% $
1,799.832,225.80
$
85.71182.98
Employee + 2 or
more
$
2,228.362,655.67
8.965% $
2,339.782,893.54
$
111.42237.87
(H) (I) (J) (K) (L) (M)
Coverage Level Example:
2023 2025
Kaiser Addl
Premium $
(same as
G)
First 4%
(City
Share)
(4% of
(B))
65% of
Amount
above 4%
(City Share)
(I-J x 65%)
Example: Total
Increase 2023
2025 City
Contribution
(J+K)
Example:
20252023 Total
City Medical
Contribution (B+L)
Employee $
42.8591.49
$
33.9340.
86 $
5.8032.91
$
39.7373.77
$
887.951,053.61
Employee + 1 $
85.71182.9
8 $
67.8681.
71 $
11.6065.83
$
79.46147.54
$
1,775.882,107.20
F.5.a
Packet Pg. 158 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) Employee + 2 or
more
$
111.42237.
87 $
88.21106
.23
$
15.0885.57
$
103.30191.80
$
2,308.652,739.36
26 F.5.a
Packet Pg. 159 Attachment: Exhibit A to Resolution 35-25 (3645 : Amend Unrepresented Employee Manual) RESOLUTION NO. 35-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING REVISIONS TO UNREPRESENTED EMPLOYEE MANUAL
WHEREAS, the City of Orinda maintains an Unrepresented Employee Manual to outline terms and conditions of employment for employees not represented by a bargaining unit; and WHEREAS, periodic updates to the Unrepresented Employee Manual are necessary to reflect changes in laws, administrative practices, benefits, and other employment-related matters; and
WHEREAS, City staff has reviewed and proposed revisions to the Unrepresented Employee Manual to ensure alignment with current organizational needs and legal requirements; and
WHEREAS, the City Council has reviewed the proposed updates and finds them to be in the best interest of the City and its employees.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orinda hereby approves the revised Unrepresented Employee Manual, attached hereto as Exhibit A and incorporated by reference.
BE IT FURTHER RESOLVED, that the City Manager, or their designee, is authorized to implement and administer the provisions of the revised Manual and to make minor or nonsubstantive corrections or updates as needed, consistent with the intent of this Resolution.
Adopted by the City Council of the City of Orinda at a regular meeting on June 17, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Latika Malkani, Mayor
_________________________
Sheri Marie Smith, City Clerk
F.5.b
Packet Pg. 160 Attachment: Resolution 35-25 Approving Revisions to Unrepresented Employee Manual (3645 : Amend Unrepresented Employee Manual) RESOLUTION NO. 37-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING THE ASSISTANT TO THE CITY MANAGER CLASSIFICATION AND
SALARY SCHEDULE
WHEREAS, the City Council holds the authority to approve all job classifications utilized by the City; and
WHEREAS, the increasing number and complexity of citywide initiatives, along with the growing need for high-level professional support, have prompted the City Manager to recommend the creation of a new classification to help advance efforts in the City Manager’s Office as well as the City’s Strategic Plan; and
WHEREAS, City Staff has developed a job description for a full-time, at-will Assistant to the City Manager position to support the implementation of policies and priorities set by the City Council; and
WHEREAS, the position salary for the position has been established to ensure both internal and external equity; and
WHEREAS, the position is currently unfunded, with no budget allocation available at this time.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the creation of the Assistant to the City Manager classification and the corresponding salary schedule.
Adopted by the City Council of the City of Orinda at a regular meeting on June 17, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Latika Malkani, Mayor
_________________________
Sheri Marie Smith, City Clerk
F.5.c
Packet Pg. 161 Attachment: Resolution 37-25 Approve the Assistant to CM Classification and Salary Schedule (3645 : Amend Unrepresented Employee
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Packet Pg. 164 Attachment: Exhibit A to Resolution 37-25 (3645 : Amend Unrepresented Employee Manual)
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Packet Pg. 165 Attachment: Exhibit A to Resolution 37-25 (3645 : Amend Unrepresented Employee Manual) City of Orinda
5-Step Salary Schedule
Effective July 12, 2025
Resolution # 37-25
-100% -100% -100% -100% -100% -100% -100% -100% -100% -100% -100% -100%
D R A F T
Prepared June 5, 2025
Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Assistant to the City Manager 7/12/2025 Unrep 11,697.17 14,272.77 11,697.17 67.48 12,293.84 70.93 12,920.95 74.54 13,580.05 78.35 14,272.77 82.34 Position Title Effective Unit Monthly Position STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 F.5.d
Packet Pg. 166 Attachment: Exhibit A to Resolution 37-25 (3645 : Amend Unrepresented Employee Manual) RESOLUTION NO. 38-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING THE AMENDED CONSOLIDATED SALARY SCHEDULE
WHEREAS, on June 18, 2024, the City Council adopted Resolution No. 25-24, updating the consolidated salary schedules for regular City positions, excluding temporary and seasonal positions; and
WHEREAS, on June 17, 2025, the City Council considered the adoption of Resolution No. 33-25, which amends the terms and conditions of employment for Mid-Management and Management employees not represented by a recognized bargaining unit (collectively referred to as “Unrepresented Employees”); and
WHEREAS, in order to efficiently administer the salaries and wages, it is beneficial to maintain a consolidated salary schedule that presents all authorized salaries for regular positions in a single document; and
WHEREAS, the City will complete its transition to a five-step salary schedule for all regular City positions, effective with the first payroll period in July 2025; and WHEREAS, the salary schedule will incorporate any new classifications and salary ranges which are approved by the City Council, including Resolution 37-25; and WHEREAS, the amended consolidated salary schedule includes a one-time equity adjustment for the classification of City Engineer, updating the salary benchmark; and WHEREAS, the Mid-Manager and Manager positions are proposed to be increased by five percent (5%) salary increase over the salaries adopted in Resolution 25-24, effective July 12, 2025; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby amend the current Consolidated Salary Schedule for positions, effective July 12, 2025, as attached hereto as Exhibit A and incorporated herein by reference.
Adopted by the City Council of the City of Orinda at a regular meeting on June 17, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Latika Malkani, Mayor
F.5.e
Packet Pg. 167 Attachment: Resolution 38-25 Approving an Updated Consolidated Salary Schedule (3645 : Amend Unrepresented Employee Manual) _________________________
Sheri Marie Smith, City Clerk
F.5.e
Packet Pg. 168 Attachment: Resolution 38-25 Approving an Updated Consolidated Salary Schedule (3645 : Amend Unrepresented Employee Manual) City of Orinda
5-Step Consolidated Salary Schedule
Effective July 12, 2025
Resolution # 38-25
15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15%
D R A F T
Prepared June 5, 2025
Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Accountant 7/12/2025 General 7,875.35 9,609.42 7,875.35 45.43 8,277.07 47.75 8,699.28 50.19 9,143.03 52.75 9,609.42 55.44 Accounting Technician I 7/12/2025 General 5,397.41 6,585.87 5,397.41 31.14 5,672.73 32.73 5,962.10 34.40 6,266.23 36.15 6,585.87 38.00 Accounting Technician II 7/12/2025 General 5,773.61 7,044.89 5,773.61 33.31 6,068.12 35.01 6,377.65 36.79 6,702.97 38.67 7,044.89 40.64 Accounting Technician III 7/12/2025 General 6,351.71 7,750.29 6,351.71 36.64 6,675.71 38.51 7,016.24 40.48 7,374.14 42.54 7,750.29 44.71 Administrative Assistant I 7/12/2025 General 5,085.13 6,204.82 5,085.13 29.34 5,344.52 30.83 5,617.14 32.41 5,903.67 34.06 6,204.82 35.80 Administrative Assistant II 7/12/2025 General 5,440.98 6,639.02 5,440.98 31.39 5,718.52 32.99 6,010.22 34.67 6,316.80 36.44 6,639.02 38.30 Administrative Services Director* 7/12/2025 Unrep 15,887.43 19,385.69 15,887.43 91.66 16,697.85 96.33 17,549.61 101.25 18,444.82 106.41 19,385.69 111.84 Assistant Engineer 7/12/2025 General 9,940.75 12,129.60 9,940.75 57.35 10,447.83 60.28 10,980.77 63.35 11,540.90 66.58 12,129.60 69.98 Assistant Planner 7/12/2025 General 8,719.22 10,639.11 8,719.22 50.30 9,163.99 52.87 9,631.45 55.57 10,122.75 58.40 10,639.11 61.38 Assistant to the City Manager TBA Unrep
Associate Engineer 7/12/2025 General 10,634.54 12,976.16 10,634.54 61.35 11,177.01 64.48 11,747.15 67.77 12,346.37 71.23 12,976.16 74.86 Associate Planner 7/12/2025 General 9,330.74 11,385.28 9,330.74 53.83 9,806.70 56.58 10,306.94 59.46 10,832.70 62.50 11,385.28 65.68 City Clerk* 7/12/2025 Unrep 12,844.22 15,672.38 12,844.22 74.10 13,499.40 77.88 14,188.00 81.85 14,911.73 86.03 15,672.38 90.42 City Engineer 7/12/2025 Unrep 13,451.75 16,413.69 13,451.75 77.61 14,137.92 81.56 14,859.10 85.73 15,617.06 90.10 16,413.69 94.69 Community Services Officer 7/12/2025 General 6,151.79 7,506.34 6,151.79 35.49 6,465.59 37.30 6,795.40 39.20 7,142.03 41.20 7,506.34 43.31 Director of Parks & Recreation* 7/12/2025 Unrep 12,628.11 15,408.69 12,628.11 72.85 13,272.27 76.57 13,949.29 80.48 14,660.84 84.58 15,408.69 88.90 Director of Planning* 7/12/2025 Unrep 14,088.54 17,190.70 14,088.54 81.28 14,807.20 85.43 15,562.52 89.78 16,356.36 94.36 17,190.70 99.18 Director of Public Works* 7/12/2025 Unrep 15,040.90 18,352.76 15,040.90 86.77 15,808.14 91.20 16,614.51 95.85 17,462.02 100.74 18,352.76 105.88 Education & Outreach Coordinator 7/12/2025 Unrep 8,574.84 10,462.92 8,574.84 49.47 9,012.24 51.99 9,471.95 54.65 9,955.11 57.43 10,462.92 60.36 Facility & Parks Supervisor 7/12/2025 Unrep 8,750.28 10,677.00 8,750.28 50.48 9,196.63 53.06 9,665.75 55.76 10,158.80 58.61 10,677.00 61.60 Facility Maintenance Worker I 7/12/2025 General 5,869.49 7,161.90 5,869.49 33.86 6,168.89 35.59 6,483.57 37.41 6,814.30 39.31 7,161.90 41.32 Facility Maintenance Worker II 7/12/2025 General 6,281.97 7,665.19 6,281.97 36.24 6,602.41 38.09 6,939.20 40.03 7,293.17 42.08 7,665.19 44.22 Human Resources Manager 7/12/2025 Unrep 10,092.79 12,315.12 10,092.79 58.23 10,607.62 61.20 11,148.71 64.32 11,717.41 67.60 12,315.12 71.05 Maintenance and Facilities Superintendent 7/12/2025 Unrep 11,697.17 14,272.77 11,697.17 67.48 12,293.84 70.93 12,920.95 74.54 13,580.05 78.35 14,272.77 82.34 Maintenance Worker I 7/12/2025 General 5,869.49 7,161.90 5,869.49 33.86 6,168.89 35.59 6,483.57 37.41 6,814.30 39.31 7,161.90 41.32 Maintenance Worker II 7/12/2025 General 6,281.97 7,665.19 6,281.97 36.24 6,602.41 38.09 6,939.20 40.03 7,293.17 42.08 7,665.19 44.22 Maintenance Worker III 7/12/2025 General 6,909.43 8,430.81 6,909.43 39.86 7,261.88 41.90 7,632.31 44.03 8,021.63 46.28 8,430.81 48.64 Management Analyst I 7/12/2025 Unrep 8,574.84 10,462.92 8,574.84 49.47 9,012.24 51.99 9,471.95 54.65 9,955.11 57.43 10,462.92 60.36 Management Analyst II 7/12/2025 Unrep 9,176.96 11,197.64 9,176.96 52.94 9,645.08 55.64 10,137.08 58.48 10,654.17 61.47 11,197.64 64.60 Office Assistant 7/12/2025 General 4,432.97 5,409.07 4,432.97 25.57 4,659.10 26.88 4,896.76 28.25 5,146.54 29.69 5,409.07 31.21 Planning Technician 7/12/2025 General 6,242.75 7,617.34 6,242.75 36.02 6,561.19 37.85 6,895.88 39.78 7,247.64 41.81 7,617.34 43.95 Principal Planner 7/12/2025 Unrep 11,445.00 13,965.07 11,445.00 66.03 12,028.81 69.40 12,642.40 72.94 13,287.29 76.66 13,965.07 80.57 Public Works Inspector 7/12/2025 General 8,282.04 10,105.67 8,282.04 47.78 8,704.51 50.22 9,148.53 52.78 9,615.20 55.47 10,105.67 58.30 Public Works Supervisor 7/12/2025 Unrep 8,750.28 10,677.00 8,750.28 50.48 9,196.63 53.06 9,665.75 55.76 10,158.80 58.61 10,677.00 61.60 Recreation Coordinator 7/12/2025 General 6,207.88 7,574.79 6,207.88 35.81 6,524.54 37.64 6,857.36 39.56 7,207.15 41.58 7,574.79 43.70 Recreation Manager 7/12/2025 Unrep 10,393.22 12,681.70 10,393.22 59.96 10,923.38 63.02 11,480.58 66.23 12,066.20 69.61 12,681.70 73.16 Recreation Supervisor 7/12/2025 Unrep 7,561.95 9,227.02 7,561.95 43.63 7,947.69 45.85 8,353.10 48.19 8,779.19 50.65 9,227.02 53.23 Senior Accountant 7/12/2025 Unrep 10,147.31 12,381.64 10,147.31 58.54 10,664.92 61.53 11,208.94 64.67 11,780.71 67.97 12,381.64 71.43 Senior Administrative Assistant 7/12/2025 General 5,985.67 7,303.65 5,985.67 34.53 6,291.00 36.29 6,611.90 38.15 6,949.17 40.09 7,303.65 42.14 Senior Civil Engineer 7/12/2025 Unrep 11,697.17 14,272.77 11,697.17 67.48 12,293.84 70.93 12,920.95 74.54 13,580.05 78.35 14,272.77 82.34 Senior Management Analyst 7/12/2025 Unrep 10,092.79 12,315.12 10,092.79 58.23 10,607.62 61.20 11,148.71 64.32 11,717.41 67.60 12,315.12 71.05 Senior Planner 7/12/2025 Unrep 10,261.62 12,521.13 10,261.62 59.20 10,785.07 62.22 11,335.22 65.40 11,913.43 68.73 12,521.13 72.24 City Manager 10/14/2024 Contract 22,500.40 22,500.40 22,500.40 129.81 Position Title Effective Unit Monthly Position STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 F.5.f
Packet Pg. 169 Attachment: Exhibit A to Resolution 38-25 (3645 : Amend Unrepresented Employee Manual) City of Orinda
5-Step Consolidated Salary Schedule
Effective July 12, 2025
Resolution # 38-25
15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15%
D R A F T
Prepared June 5, 2025
Minimum Maximum Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Position Title Effective Unit Monthly Position STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 * Eligible to be designated as Assistant City Manager
Notes: City Engineer - Equity Adjustment eff 7-12-25
F.5.f
Packet Pg. 170 Attachment: Exhibit A to Resolution 38-25 (3645 : Amend Unrepresented Employee Manual)
CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2025-26
Funds Originally Appropriated as Part of 2025-26 and 2026-27 Biennial Budget Adopted on June 3, 2025
CHANGE FORM # 002-26
New Appropriations (City CouncilApproval Required): Budget Transfers:
X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget
GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:
BUDGET ACCOUNT
(Revenue / Expense)
INCREASE
AMOUNT
DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2025-26 & FY2026-27:
100-XX-XX-705X
GENERAL FUND/ VARIOUS DEPARTMENTS / VARIOUS PROGRAMS /
WAGES AND VARIOUS BENEFITS
2025-26 $165,437
2026-27 $281,691
200-35-33-705X
GAS TAX FUND/ PUBLIC WORKS DEPARTMENT / MAINTENANCE
PROGRAM / WAGES AND VARIOUS BENEFITS
2025-26 $2,967
2026-27 $5,051
106-10-13-705X
MEASURE R FUND/ CITY MANAGER DEPARTMENT / CITY MANAGER
PROGRAM / WAGES AND VARIOUS BENEFITS
2025-26 $8,113
2026-27 $13,813
514-35-34-705X
STORMWATER UTLILTY/ PUBLIC WORKS DEPARTMENT / DRAINAGE
MAINTENANCE PROGRAM / WAGES AND VARIOUS BENEFITS
2025-26 $8,483
2026-27 $14,445
As Presented at the City Council Meeting on June 17, 2025 #################(Finance Use Only)###################
Posted By: Date:
REASON FOR BUDGET CHANGE ENTRY: .Summary of adjustments necessary to implement the changes to the represented employee’s successor MOU ($90,000 and $155,000 for 2025-26 and 2026-27 respectively) as well as changes to the unrepresented employee manual ($95,000 and $160,000 for 2025-26 and 2026-27 respectively) for adjustments totaling $500,000 over the biennial budget cycle.
F.5.g
Packet Pg. 171 Attachment: Budget Change Form #002-26 (3645 : Amend Unrepresented Employee Manual) City Council
Staff Report
Agenda Item: F.6
Date: June 17, 2025
Department: Administration
AGENDA TITLE: Amendments to Annual Contracts with Tripepi Smith, California Consulting and Townsend Public Affairs
RECOMMENDATION:
Approve amendments to contracts for Tripepi Smith, California Consulting and Townsend Public Affairs for Fiscal Year 2025-2026.
BACKGROUND:
In August 2024, the City entered into an agreement with Tripepi Smith for strategic communication support and Townsend Public Affairs for legislative advocacy and support. In September 2024, the City entered into an agreement with California Consulting for grant research, writing and administration services. These contracts are set to expire at the end of this month.
DISCUSSION:
Tripepi Smith is a marketing, technology, and public affairs firm that has been assisting the City with communications, social media, and graphic design since 2021. Their work has supported staff with community education materials, including the Community Education postcard, the Red Flag Day mailer, the Evacuation Brochure, the Wildfire Prevention and Safety Fair promotion, digital ads, and regular social media posts. As of the end of the current contract year, the scope of Tripepi Smith’s work has expanded into general communications support for the City and working with the City Manager on developing an economic development platform website to support the revitalization of the Downtown area. This work, along with its core work around community education around wildfire readiness and preparedness will continue.
California Consulting is a grant-writing firm with which the City of Orinda has been collaborating since 2021. The firm conducts grant research, identification, writing, and administration/reporting to secure a diverse range of grants. Due to the efforts of both City staff and California Consulting, the City of Orinda has received grants from the Metropolitan Transportation Commission, the Department of Parks and Recreation, Caltrans, and most recently, a grant from the California Office of Traffic Safety. The total amount from these grant efforts since 2021 is $2,177,083.
Townsend Public Affairs is the City’s legislative advocacy partner, seeking legislative bills and regulations that may impact Orinda through on-the-ground advocacy, bill identification and analysis, building relationships with legislators and officials, and lobbying on our behalf. In the past year, the City has worked with Townsend to develop the City’s legislative platform, conducted an advocacy day in Sacramento, assisted the F.6
Packet Pg. 172
City with its federal appropriations requests, along with the continued work of responding to proposed bills and working directly with legislative staff at the state and federal level.
In the upcoming Fiscal Year, there is a possibility that Townsend will be providing services for regional advocacy efforts. Should that materialize, the scope of work under this agreement may be modified to address the regional nature of some of the work and the not-to-exceed amount for city-only services will be adjusted.
The following table includes the not-to-exceed (NTE) amounts for each for these services for Fiscal Year 2025-26:
• Tripepi Smith – NTE $100,000
• Townsend Public Affairs – NTE $60,000
• California Consulting – NTE $60,000
NEXT STEPS:
Not applicable.
FISCAL IMPACT:
The City Council appropriated funding for these services as part of its adopted Biennial Budget. Funding sources for these services include Fund 100 (General Fund) and Fund 106 (Measure R).
ATTACHMENTS:
A. Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments
B. Tripepi Smith Amendment #1
C. California Consulting Amendment #1
D. Townsend Public Affairs Amendment #1
Respectfully Submitted by:
Linda Smith
City Manager
Prepared By: Linda Smith, City Manager
Approved by:
F.6
Packet Pg. 173
F.6
Packet Pg. 174
1 CITY OF ORINDA
SERVICES CONTRACT
Tripepi Smith and Associates, Inc (“Provider”) and the City of Orinda (“City”), a municipal corporation, agree as follows. City and Provider are sometimes individually referred to herein as “Party” and collectively as “Parties.”
1. Purpose of Contract.
a. City requires certain special services for the purpose of communication services related to fire safety, capital improvement projects, and other city related communications.
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.6.a
Packet Pg. 175 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed no later than June 30, 2025.
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 $80,000 for satisfactory performance of the services under this agreement.
b. Provider shall bill City using the following methods:
(i) For fixed price work, an agreed upon payment schedule will apply for that work and Provider will invoice per that schedule.
(ii) For retainer work, Provider will invoice on the 15th of each month for that month's retainer scope.
(iii) For ad hoc hourly work, Provider will invoice on a monthly basis for the work done in the preceding month. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly. c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.
5. Provider Status.
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
F.6.a
Packet Pg. 176 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 3 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 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
F.6.a
Packet Pg. 177 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 4 agreement. Provider shall not publish any such material without the prior written consent of City.
b. Right to Use. Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement. c. Confidential Information. In the performance of this agreement, Provider may be given access to confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be 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.
F.6.a
Packet Pg. 178 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 5 Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ Compensation insurance will not be required if Provider furnishes to City a written verification that it has no employees. d. Professional Liability (Errors and Omissions) Insurance appropriate to the Provider’s profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Provider maintains higher limits 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
F.6.a
Packet Pg. 179 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 6 its insurer to cancel any insurance policy required by this agreement except after providing 30 days prior written notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Provider shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this agreement.
Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.
d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers 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.
F.6.a
Packet Pg. 180 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 7 Provider shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required herein.
Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
13. Indemnification.
To the fullest extent allowed by law, 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.
F.6.a
Packet Pg. 181 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 8 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.
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
Tripepi Smith and
Associates, Inc
P.O. Box 52152
Irvine, CA 92619
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.
F.6.a
Packet Pg. 182 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 9 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 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.
F.6.a
Packet Pg. 183 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 10 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.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
7ULSHSL6PLWKDQG$VVRFLDWHV,QF
__________________________________
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.6.a
Packet Pg. 184 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 1 CITY OF ORINDA
SERVICES CONTRACT
California Consulting, Inc. (“Provider”) and the City of Orinda (“City”), a municipal corporation, agree as follows. City and Provider are sometimes individually referred to herein as “Party” and collectively as “Parties.”
1. Purpose of Contract.
a. City requires certain special services for the purpose of A. Grant research, targeted grant research on projects specifically identified by the City, identification of funding opportunities, and grant writing services at the direction of the City; B. Offering City general advice on matters involving funding mechanisms, grants research, identification, and writing:
and, C. Perform post-grant award administration which are awarded to the City, including the filing of required documents by the proscribed deadlines set by the awarding entity. 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 Section 1 above.
Provider agrees to perform these services diligently in accordance with the standards of its profession and to the 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.
F.6.a
Packet Pg. 185 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 2 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. c. The services of Provider shall begin providing services for the 2024-2025 Fiscal year as of July 1, 2024.
4. Compensation.
a. City agrees to pay Provider at the rate of $5,000 per month, not to exceed a maximum contract price of $60,000 for all services performed under this agreement. b. Provider shall bill City on a monthly basis for work done in the preceding month. 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 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
F.6.a
Packet Pg. 186 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 3 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 the 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 the 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. 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 the 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 the 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,
F.6.a
Packet Pg. 187 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 4 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 million 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.
F.6.a
Packet Pg. 188 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 5 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.
e. 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 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.
F.6.a
Packet Pg. 189 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 6 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 A and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
13. Indemnification.
To the fullest extent allowed by law, 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
F.6.a
Packet Pg. 190 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 7 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.
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
California Consulting Inc.
214 Main Street Suite 102
El Segundo, CA 90245
Steve Samuelian
F.6.a
Packet Pg. 191 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 8 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 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.
F.6.a
Packet Pg. 192 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 9 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.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
California Consulting Inc.
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
F.6.a
Packet Pg. 193 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 10 City Clerk
Approved as to form
___________________________________
City Attorney
Attachments:
Exhibit A – Evidence of Insurance: Certificates, Endorsements and Policy Language
F.6.a
Packet Pg. 194 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 1 CITY OF ORINDA
SERVICES CONTRACT
Townsend Public Affairs (“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 legislative advocacy services.
b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.
2. Duties of Provider.
a. Provider agrees to perform services described in Exhibit A, which is attached to this agreement and incorporated by this reference. Provider agrees to perform these services diligently in accordance with the standards of its profession and to City’s satisfaction.
Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in this agreement.
b. The parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services. c. Provider shall assign only competent personnel to perform services pursuant to this agreement. Provider shall notify City in writing of any changes in Provider’s staff assigned. City may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the City makes such a determination, Provider shall replace such person immediately.
3. Time of Performance.
a. This agreement shall not be effective and no payments shall be made to Provider until:
(i) City has received satisfactory evidence that Provider has met all of the insurance requirements, and
(ii) All required signatures have been obtained.
b. The effective date of this agreement shall be the date on which the last signature is affixed or on receipt of satisfactory evidence of insurance, whichever is later.
DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 195 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed no later than June 30, 2025.
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 $60,000 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 compliance upon request. Provider is not entitled to health benefits, worker’s compensation, or other benefits from the City.
DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 196 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 3 b. Provider is solely responsible for the payment of employment taxes incurred under this agreement and any similar federal or state taxes. Provider and any of its employees, agents, and subcontractors shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Provider shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Provider’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Provider. Should any court, arbitrator, or administrative authority, including but not limited to the Internal Revenue Service or the State Employment Development Division, determine that Provider, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Provider agrees to a reduction in amounts payable under this agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this agreement are not greater than they would have been had the determination not been made.
6. Conflict of Interest.
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. 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 DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 197 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 4 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 million 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.
DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 198 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 5 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.
e. 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 DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 199 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 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.
DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 200 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 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.
DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 201 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 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
Provider
Christopher Townsend
Townsend Public
Affairs
1401 Dove Street, Ste.
330
Newport Beach, CA
92260
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.
DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 202 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 9 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.
DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 203 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 10 City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Townsend Public Affairs
__________________________________
President Date
Attachments:
Exhibit A – Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 7/5/2024
Christoper Townsend
7/8/2024
Osa Wolff
Sheri Smith
7/8/2024
David Biggs
7/8/2024
F.6.a
Packet Pg. 204 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 11 Exhibit A
Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule (pages attached)
DocuSign Envelope ID: A09A1B38-2C87-4A7E-A2DD-CC737D885171 F.6.a
Packet Pg. 205 Attachment: Original Agreements for Tripepi Smith, California Consulting, Townsend Public Affairs - no attachments (3650 : Amendments to 1 CITY OF ORINDA
AMENDMENT No. 1 TO SERVICES CONTRACT
Tripepi Smith and Associates, Inc. (“Provider”) and the City of Orinda (“City”), a municipal corporation, previously entered into a contract with an effective date of August 29, 2024 relating to communication support services. Section 18 of that agreement provides, that “No waiver, modification or termination of this agreement is valid unless made in writing.” City and Provider mutually agree to amend the agreement as follows:
1. Replace Section 3.c “Time of Performance” as follows:
c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by the City. All work shall be completed no later than June 30, 2026.
2. Replace Section 4.a “Compensation” as follows:
a. City agrees to pay Provider at the rates described in Exhibit A, not to exceed amount of $100,000 for Fiscal Year 2025-26 for all services performed under this agreement.
In all other respects, the agreement shall remain unchanged and in full force and effect.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Tripepi Smith and Associates, Inc.
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
F.6.b
Packet Pg. 206 Attachment: Tripepi Smith Amendment #1 (3650 : Amendments to Annual Contracts) 1 CITY OF ORINDA
AMENDMENT No. 1 TO SERVICES CONTRACT
California Consulting, Inc. (“Provider”) and the City of Orinda (“City”), a municipal corporation, previously entered into a contract with an effective date of September 13, 2024 relating to grant research, writing and administration. Section 18 of that agreement provides, that “No waiver, modification or termination of this agreement is valid unless made in writing.” City and Provider mutually agree to amend the agreement as follows:
1. Replace Section 3.c “Time of Performance” as follows:
c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by the City. All work shall be completed no later than June 30, 2026.
2. Replace Section 4.a “Compensation” as follows:
c. City agrees to pay Provider a not to exceed of $63,000 for all services performed under this agreement during Fiscal Year 2025-26.
In all other respects, the agreement shall remain unchanged and in full force and effect.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
California Consulting, Inc.
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
F.6.c
Packet Pg. 207 Attachment: California Consulting Amendment #1 (3650 : Amendments to Annual Contracts) 1 CITY OF ORINDA
AMENDMENT No. 1 TO SERVICES CONTRACT
Townsend Public Affairs (“Provider”) and the City of Orinda (“City”), a municipal corporation, previously entered into a contract with an effective date of August 8, 2024 relating to legislative advocacy services. Section 18 of that agreement provides, that “No waiver, modification or termination of this agreement is valid unless made in writing.” City and Provider mutually agree to amend the agreement as follows:
1. Replace Section 3.c “Time of Performance” as follows:
c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by the City. All work shall be completed no later than June 30, 2026.
2. Replace Section 4.a “Compensation” as follows:
a. City agrees to pay Provider at the rates described in Exhibit A, not to exceed amount of $60,000 for Fiscal Year 2025-26 for all services performed under this agreement.
In all other respects, the agreement shall remain unchanged and in full force and effect.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Townsend Public Affairs
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
F.6.d
Packet Pg. 208 Attachment: Townsend Public Affairs Amendment #1 (3650 : Amendments to Annual Contracts) City Council
Staff Report
Agenda Item: G.1
Date: June 17, 2025
Department: Finance
AGENDA TITLE: Approval of the Master Fee Schedule
RECOMMENDATION:
Adopt Resolution 22-25 Approving the Master Fee Schedule.
BACKGROUND:
At least annually, or as circumstances and the costs of providing services and the costs to mitigate development impacts change, the City Council reviews and adjusts fees that are included in the City’s Master Fee Schedule. These adjustments are made at a noticed public hearing, pursuant to State law.
Most of the fees included in the Schedule were last adjusted July 16, 2024. The exception being the Transportation Impact Fees, which were effective January 1, 2025, as established by the Lamorinda Fee and Finance Authority (LFFA) Technical Advisory Committee on December 19, 2024, and accepted by the LFFA on February 3, 2025.
These fee adjustments were based on an index published in September 2024. Staff incorporated the Transportation Impact Fee increase into this update.
DISCUSSION:
To comply with the City Council's cost recovery policy for certain services, and to ensure that these charges are modified as costs increase or decrease, Staff proposes development impact fees and fees for services be adjusted as indicated in the Comparison of Current and Proposed Fees (Attachment B).
The comparison shows both the “Current Fee” and the “Proposed Fee.” There is also a column that provides a notation as to how the adjustment was made (e.g. CPI Change; No Change; New Fee, etc.). The change in the Consumer Price Index was the increase in the February 2025 CPI compared to the February 2024 CPI (San Francisco/Oakland Bay Area All Urban Consumers = 2.7%). Fees that are based on Staff’s actual hourly rates are automatically adjusted because of changes in hourly rates.
The focus of this Staff report will be on new fees, elimination of fees, as well as items that were adjusted by something other than the CPI. The key changes are discussed based on each section of the Master Fee Schedule.
Section I – Administration
A. Affidavit for Permission to Copy Building Plans Fee - This new fee is for Staff time and materials to process affidavits to obtain permission to copy building and architectural plans and associated research in accordance with Senate Bill 1214.
This fee is based on Contra Costa County Records Research and Affidavit forms.
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B. Large format copies and plotting - Due to a lack of equipment capable of handling big format printing, the fee for the large format copies and plotting is being eliminated.
C. Black & White and Color Copies - Staff propose raising the fees for color and black-and-white copies and photocopies from $0.10 and $0.17 to $0.20 and $0.39 per page, respectively, because they haven't changed since 2006 and 2010 respectively, despite increased paper and printer ink costs. The fee increase in black-and-white copies is based on the change in the CPI from 2006 to 2025, whereas the increase in color copies is based on the CPI change from 2010 to 2025.
Section II – Planning & Engineering
As discussed below, several fees are proposed to be modified, added, or deleted. All other fees were either adjusted by CPI or have no change as they are set by statute.
Planning
A. Major Modification to Prior Plan Check Fee – “Major” description is being added to distinguish between major and minor modifications.
B. Minor Modification to Prior Plan Check Fee – This fee is being added to split modifications into minor and major categories to account for the fact that most modifications are for small details and take less than 15 minutes to process.
Major modifications are reserved for project resubmittals that include substantial updates, re-evaluation of discretionary requirements, new plan sets, multiple sheet revisions, etc.
C. Accessory Dwelling Unit (ADU) Ministerial Permit, Non-State Exempt Fee – This new fee only applies to all non-streamlined ADUs and is based on the prior ADU fee with annual CPI change minus the proposed Project intake and plan check fee.
D. Removal of Scanning Fee - Per Page for Large Format Plans – Due to the lack of large format equipment, this fee has been removed.
E. Geotechnical Peer Review Fee – This fee is based on review of current Geologist contracts. The contracts reflect the type of review and increase in hourly rates by geotechnical firms resulting in the need for a higher deposit.
F. Major and Minor Subdivisions: 5+ parcels and 2 to 4 parcels: Tentative Map / Vesting Tentative Map/ Final Map Fee – This breakout of five or more lots and two to four parcels establishes the differences in costs associated in processing major and minor subdivisions and in preparation of Senate Bill 9 and the upcoming Senate Bill 1123 legislation (small housing development of vacant single-family parcels into up to ten lots).
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G. Ministerial Unit Application (including SB 9 UHD, SB 1123) Fee – This new category is being added to account for SB 9 and upcoming SB 1123 legislation (lot splits of vacant single-family parcels into up to ten parcels), as well as the ministerial review required by Housing Element for 20% affordable housing development projects. The new fees are clarified for 1 unit versus 2-10 units and are adjusted by the annual CPI change.
H. Removal of Senate Bill 9 (SB 9) Fees – This section is removed in favor of adding the Ministerial Units & Lot Splits section above.
I. Sign Permit: Type II - Single Tenant Building, First Sign Fee - Single tenant buildings are subject to discretionary Type II sign permits, while a tenant in a multi-tenant building with Master Sign Programs are subject to ministerial approval. This is to clarify that Type II Master Sign Programs and first sign requests will have the same associated cost. There are additional fees including mailing, surcharge and building permit fees for a sign permit.
J. Establishment of Commercial, Retail or Office Use in Downtown Zoning District When the New Business Requires Use Permit Approval Fee – Additional clarity is added on the minimum square footage to be covered by the base fee. This will assist small businesses in smaller retail spaces.
K. Removal of Neighborhood Analysis "Vicinity" Map and Data Table Fee – This fee was originally implemented, since this research was manually done by hand through multiple physical project files. We now have GIS information that simplifies this into a routine task.
L. Civil Penalties Fees – This new category applies to civil penalties authorized by California’s Government code 36900 and Civil Code 2929.3 (properties acquired in foreclosure).
Section II a – Non-Standard Projects
No significant changes are proposed to this section of the Master Fee Schedule.
Section III - Appeals
No changes are proposed to this section of the Master Fee Schedule.
Section IV – Parks & Recreation
No significant changes are proposed to this section of the Master Fee Schedule. Most fees were either adjusted by the CPI or have no change as these are set by the Director of Parks and Recreation. The City's goal is to charge user fees that are comparable with neighboring agencies, fair and reasonable for the facility or service provided, and that offset operating costs as much as possible. The Director of Parks and Recreation is authorized to establish discounted fees or promotional packages as incentives where applicable.
Section V. – Public Safety
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No changes are proposed to this section of the Master Fee Schedule. All fees were either adjusted by CPI or have no change as they are set by statute.
Section VI. Development Impact Fees
A. Park Dedication Fees – The City Municipal Code contains a provision for the adjustment of these fees. The calculation that has been used in the past examines real property sales and adjusts the fee paid based on the type of housing. Specifically, Orinda Municipal Code Section 3.28.080 (B) (2) states that the fee shall be “… adjusted annually by reference to the average increase or decrease in the price of residential real property…”. The change in Median Estimated Home value is used to update the park dedication fee by a reduction of 5.34%. As discussed, the rate can go up or down depending on the sales data.
B. Regional Transportation Impact Fee – Adjustments and the timing of this fee are based on the Lamorinda Fee and Finance Authority Joint Powers Agreement (JPA), established in 1998. The agreement identifies that fees are to be adjusted each January 1st by the amount of the increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area, for the period ending September 30 of the preceding year. When the "Lamorinda Fee and Finance Authority Joint Powers Agreement" adopts the amended fee based on the September 2025 Index in January 2026, Staff will revise it in the Master Fee Schedule.
Proposed Resolution
Attachment A is Resolution #22-25 adopting the Proposed Fees. Staff will attach to the adopted Resolution a clean version of Attachment B, without the comparison to the previous year and notes related to adjustments.
Upon adoption of the resolution the general fees are proposed to take effect on July 1, 2025, except for the Business Registration Fee which will be effective for all registrations due after December 31, 2025. In accordance with State law the revision to the Development Impact Fees (Parks Dedication and Drainage Impact Fees) will take effect in 60 days.
FISCAL IMPACT:
The anticipated increase in revenue due to the above changes in fees will be offset by the additional cost of providing the services. The exact impact will also depend on the level of activity for any specific fee.
ATTACHMENTS:
A. Resolution 22-25 Master Fee Schedule for FY 2025-26
B. Proposed Master Fee Schedule FY 2025-26
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Respectfully Submitted by:
Douglas Alessio
Assistant City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
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RESOLUTION NO. 22-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
MODIFYING FEES FOR SERVICES RENDERED BY THE CITY FOR
ADMINISTRATIVE, PLANNING, PUBLIC WORKS, PARKS AND RECREATION
PUBLIC SAFETY SERVICES AND DEVELOPMENT IMPACT FEES
WHEREAS, a municipality is authorized to establish reasonable fees for services rendered, provided that those fees do not exceed the estimated reasonable cost of providing the service for which the fee is charged (Government Code Sections 66000- 66018.5); and
WHEREAS, on July 16, 2024, the City Council of the City of Orinda adopted Resolution No. 31-24 modifying fees for services rendered by the City for administrative, planning, public works, parks and recreation, public safety services and development impact fees; and
WHEREAS, on February 3, 2025, Lamorinda Fee and Financing Authority (LFFA) accepted the annual adjustment to the Transportation Impact Fees effective January 1, 2025, established by the LFFA Technical Advisory Committee on December 19, 2024; and
WHEREAS, on May 21, 2024, the City Council adopted Resolution 20-24 establishing the Parking Variance In-Lieu Fee Holiday for qualifying projects that are within one half mile of the BART station and that meet other AB 2037 criteria Fees effective April 17, 2024, and continuing until January 31, 2026; and WHEREAS, it is desirable to have subsequent fees adopted contained in a consolidated Master Fee Schedule; and
WHEREAS, it is necessary for the City to modify the previously adopted fee schedule in order to ensure that fees charged are reasonably related to the estimated cost of providing the service; and
WHEREAS, based on the costs the updated Master Fee Schedule also contains new fees and charges for services as presented at the public hearing conducted on June 17, 2025.
NOW, THEREFORE, the City Council of the City of Orinda finds and declares that:
1. Fee Schedule. The fees for administrative, planning, public works, parks and recreation, public safety services, and development impact are those set forth in the City of Orinda schedule attached as Attachment 1 herein.
2. Upon Effective Date Prior Fee Schedules Superseded. The fees established by this resolution supersede previously existing City fees authorized by Resolutions No. 31-24 and other fee schedule authorizations adopted by the City Council.
3. Authority of City Manager to Prescribe Additional Regulations. The City Manager may adopt such regulations and prescribe such forms as are necessary to implement and collect the fees provided for by this resolution.
G.1.a
Packet Pg. 214 Attachment: Resolution 22-25 Master Fee Schedule for FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26)
4. Effective Date(s). The fees for services are effective July 1, 2025, with the exception of Business Registration and Business Registration Renewal Fees, which are effective for registrations and renewals due after December 31, 2025.
The development impact fees take effect on August 17, 2025.
Adopted by the City Council of the City of Orinda on June 17, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________
Latika Malkani, Mayor
Sheri Marie Smith, City Clerk
G.1.a
Packet Pg. 215 Attachment: Resolution 22-25 Master Fee Schedule for FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Attachment 1 Resolution #22-25
June 17, 2025
CITY OF ORINDA, CALIFORNIA
PROPOSED MASTER FEE SCHEDULE
Fiscal Year 2025-26
G.1.b
Packet Pg. 216 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
I. ADMINISTRATION
FY 2025-26
Proposed Fee Note(s)/ Adjustment
Document Copies/ Photocopies
Affidavit for Permission to Copy Building Plans $48.00 Added. This new fee is for staff time and materials to process affidavits to
obtain permission to copy building
and architectural plans and
associated research in accordance
with Senate Bill 1214. This fee is
based on Contra Costa County
Records Research and Affidavit
forms.
Black & White 8.5" x 11" - First Page Free Free No change Black & White 8.5" x 11" - Each additional page $0.10 Per page $0.17 $0.10 per page has remained unchanged since 2006. Increase is
based on the CPI change from 2006
to 2025.
Color, 8.5" x 11" $0.25 Per Page $0.39 $0.25 per page has remained unchanged since 2010. Increase is
based on the CPI change from 2010
to 2025.
Large format copies & plotting $1.85 Per page Removed due to lack of large format equipment
Radius Map and Mailing Label Preparation $208.00 Per request $213.00 Annual CPI Change Returned Check
$25.00 Per returned item $25.00 No change
$35.00 Per returned item $35.00 No change
$200.00 Per filing notice $200.00 No change
$15.00 Per signature $15.00 No change
8.5% of Rent No change; change would require
Voter approval
8.5% of Rent
Current Fee
Second and each additional returned check (CA Civil
Code sec.1720)
Intent to circulate Initiative (Filing Fee)
(Elections Code 9202 )
Notary Services / Proof of Signature
(CA Govt Code 8211)
TRANSIENT OCCUPANCY TAX (OMC 3.12)
First returned check for non-sufficient funds (CA Civil Code sec.1719)
Page | 2
G.1.b
Packet Pg. 217 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
II. PLANNING & ENGINEERING
Current Fee FY 2025-26 Proposed Fee Note(s)/ Adjustment ADU For City Staff Time only see Section IIa for additional fees that may apply.
General Plan Update Fee +
Surcharge applied to all Fixed Fee Planning Permits marked by + 10% surcharge 10% surcharge No change For Planning Permits established as billed costs - Fixed General Plan Update Fee @ Initial Application
$173 $177 Annual CPI Change
Permit Technology Fee +
Technology Fee applied to permits marked by + 3% surcharge 3% surcharge No change For Permits established as billed costs - Fixed Permit Technology Fee @ Initial Application
$50 $51 Annual CPI Change
Building Inspection Surcharge 50% of fee charged by Contra Costa County 50% of fee charged by Contra Costa County
No change
State of California Green Building -Building Permit Surcharge As required by California Health & Safety Code section 18931.6(a) $4 / $100,000 in valuation - Minimum $1.00 $4 / $100,000 in valuation - Minimum $1.00
No change
Plan Check and Inspection Fees
Project intake and plan check (projects resulting in a building permit) (No "hold" on final inspection.)
$378 Per Building Permit $388 Per Building Permit Annual CPI Change Building permit application intake and plan check as well as inspection fees (With "hold" on final inspections that involve site visit by City Staff and/or approval of waste management receipts prior to building final). $431 Per Building Permit $442 Per Building Permit Annual CPI Change Re-inspection Fee (additional site visit by City Staff for final inspections or conditions of approval)
$145 Per Re-inspection $148 Per Re-inspection Annual CPI Change Major Modification to prior Plan Check $323 Per Re-submittal $331 Per Re-submittal Annual CPI Change Minor Modification to prior Plan Check $60 Per Re-submittal Added. Splitting modifications into minor and major categories to
account for the fact that most
modifications are for small details and
take less than 15 minutes to process.
Major modifications are reserved for
project resubmittals that include
substantial updates, re-evaluation of
discretionary requirements, new plan
sets, multiple sheet revisions, etc.
Accessory Dwelling Unit (ADU) Pre-approval Plan Check $711 $730 Annual CPI Change Accessory Dwelling Unit (ADU) ministerial permit, non-state exempt $342 Added. ADU fee only applies to all non-streamlined ADUs. Proposed fee
is based on prior ADU fee with annual
CPI change minus the proposed
Project intake and plan check fee:
$730 - $388 = $342
Renovation Plan Check determination (whether work qualifies as a renovation)
$351 For complete demolition projects $360 For complete demolition projects
Annual CPI Change
Plan-check only additional fee(prior to project receiving discretionary entitlements)
$178 $182 Annual CPI Change
Public Works Plan Check Engineering consultant costs see section IIa. A deposit is required before work commences,
the amount shall be $5,000
Engineering consultant costs see
section IIa. A deposit is required before
work commences, the amount shall be
$5,000.
No change
Scanning Fee - per page for large format plans $3.00 per page Removed due to lack of large format equipment.
Certificate of Compliance Staff hourly rate charges. A cash deposit of $1,500 is required before work commences
Staff hourly rate charges. A cash
deposit of $1,500 is required before
work commences.
No change
Conceptual Development Review (CDR) +
Residential Additions $164 Per Application $168 Per Application Annual CPI Change New Single Family (not located in Wilder) $499 Per Application $512 Per Application Annual CPI Change Page | 3
G.1.b
Packet Pg. 218 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
II. PLANNING & ENGINEERING
Current Fee FY 2025-26 Proposed Fee Note(s)/ Adjustment ADU New Single Family (located in Wilder) $1,001 Per Application $1,028 Per Application Annual CPI Change Commercial $1,335 Per Application $1,371 Per Application Annual CPI Change Planning Commission Study Session Add-On (cost of noticing not included)
$557 Per Study Session $572 Per Study Session Annual CPI Change Design Review +
Commercial / Non-Residential:
Review by Zoning Administrator (exterior work only) $734 Plus $753 Plus Annual CPI Change $1.85 Square Foot Exterior Surface $1.90 Square Foot Exterior Surface Annual CPI Change Review by Planning Commission (exterior work only) $1,469 Plus $1,508 Plus Annual CPI Change $1.85 Square Foot Exterior Surface $1.90 Square Foot Exterior Surface Annual CPI Change Subject to maximum fee of $11,780 Subject to maximum fee of $12,098 Annual CPI Change Commercial/Office (construction or addition less than 1,000 sq. ft.) $5,152 Per Application $5,291 Per Application Annual CPI Change Commercial/Office (construction or addition of 1,000 or more sq. ft.) $5,152 $5,291 Annual CPI Change $52.50 Per Square Foot in Excess of 1,000
Square Feet
$53.90 Per 100 Square Feet in Excess
of 1,000 Square Feet
Annual CPI Change, Error correction
from per square foot to per 100
square feet
Public Works Review $2,147 Per Application $2,204 Per Application Annual CPI Change Design Review +
Residential
Zoning Administrator Review $734 Plus $753 Plus Annual CPI Change $1.85 *Square Foot per OMC Chapter 17.6 $1.90 *Square Foot per OMC Chapter
17.6 Annual CPI Change
Zoning Administrator Review (Wilder new single-family home) $6,356 $6,527 Annual CPI Change Planning Commission Review $1,469 Plus $1,508 Plus Annual CPI Change $1.85 *Square Foot per OMC Chapter 17.6 $1.90 *Square Foot per OMC Chapter
17.6 Annual CPI Change
New single-family homes subject to a maximum of $9,370 $9,622 Annual CPI Change Public Works Review $2,147 Per Application $2,204 Per Application Annual CPI Change Multi-family Staff hourly rate charges. A cash deposit will be required before work commences
Staff hourly rate charges. A cash
deposit will be required before work
commences.
No change
*Residential square footage as calculated in OMC Chapter 17.6 Dwelling unit Part of PUD or subdivision submitted for concurrent design review.
Staff hourly rate charges. A cash deposit will
be required before work commences
Staff hourly rate charges. A cash
deposit will be required before work
commences.
No change
Special Design Review $534 Per Application $548 Per Application Annual CPI Change (Additions and new residences require special design review standards for:
very large homes, severely sloped development footprints, and lots within the R overlay zone and small narrow lots)
Development Pre-application Meeting
Hourly Rate Meeting prior to application submittal (No charge for first meeting)
$215 Per Hour $220 Per Hour Annual CPI Change
Elevated Deck Permit +
Elevated Deck Permit (only) $666 $683 Annual CPI Change Elevated Deck Permit (combined with another discretionary application) $459 $471 Annual CPI Change Environmental Review +
Environmental Impact Report City contracted cost plus 30% City contracted cost plus 30% No change Initial Study / Standard or Mitigated Negative Declaration City contracted cost plus 30% and / or Staff hourly rate charges. A cash deposit will be
required before work commences.
City contracted cost plus 30% and / or
Staff hourly rate charges. A cash
deposit will be required before work
commences.
No change
Department of Fish & Wildlife Per Code Section 711.4 As required by law. As required by law. No change Exception/Variance +
Exceptions / Variances (only) - If excepton relates to creek setback, see Fees under Watercourse/ Creek Alteration Permit
Staff hourly rate charges. A cash deposit of
$1,500 is required before work commences
Staff hourly rate charges. A cash
deposit of $1,500 is required before
work commences.
No change
Exceptions/Variances (combined with another discretionary application) $934 $959 Annual CPI Change Page | 4
G.1.b
Packet Pg. 219 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
II. PLANNING & ENGINEERING
Current Fee FY 2025-26 Proposed Fee Note(s)/ Adjustment ADU General Plan
Text Amendment; Map Amendment; and/or Code Amendment Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash
deposit is required before work
commences. See Section II a.
Geologic Review
Geotechnical peer review City contracted. A cash deposit of $3,600 is required before work
commences.
Added. Currently collect $2,600 for
the deposit, which does not cover
most projects. $3,600 deposit is
based on review of Geologist contract
and projects currently processed.
Landscape Plan/ MWELO (Model Water Efficiency Landscape Ordinance) Compliance Review Fee + Ministerial Project $77 $79 Annual CPI Change
Discretionary Project $129 $132 Annual CPI Change
Lot Line Adjustment +
Administrative Approval Actual cost - invoiced amount from survey/engineering consultant. A cash deposit
of $5,000 is required before work commences
Actual cost - invoiced amount from
survey/engineering consultant. A cash
deposit of $5,000 is required before
work commences.
No change
Major Subdivision +
5+ parcels: Tentative Map / Vesting Tentative Map/ Time Extension Final Map
Staff hourly rate charges. A cash deposit is
required before work commences
Staff hourly rate charges. A cash
deposit is required before work
commences. (See §II a for details)
Minor Subdivision +
2 to 4 parcels: Tentative Map / Vesting Tentative Map/ Time Extension Parcel Map
Staff hourly rate charges. A cash deposit is
required before work commences
Staff hourly rate charges. A cash
deposit is required before work
commences. (See §II a for details)
Ministerial Unit Application (including SB 9 UHD, SB 1123) + Added. This will account for SB 9 and upcoming SB 1123 legislation (lot
splits of vacant single family parcels
into up to ten parcels), as well as the
ministerial review required by Housing
Element for 20% affordable housing
development projects.
1 unit $5,542 Added. Based on SB 9 fee of $5,397
adjusted with annual CPI change.
2 - 10 units $1,662 Per unit beyond first unit Added. Based on difference between SB 9 Unit fee for one vs. two units,
adjusted by annual CPI change.
Planned Development + (Unit All Categories Below): Staff hourly rate charges. A cash deposit is required before work commences.
Staff hourly rate charges. A cash
deposit is required before work
commences.
No change
PRELIMINARY PLAN:
Residential - Preliminary Development Plan / Final Development Plan (FDP) " " No change Non-Residential - Commercial and Office " " No change
FINAL PLAN:
Residential - Final Development Plan (When separate from Preliminary Plan) " " No change Non-Residential - Commercial and Office " " No change
TIME EXTENSION " Deleted
Rezoning to Commercial / Office +
Zoning Ordinance Text Revision Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash
deposit is required before work
commences. See Section II a for details
Zoning Ordinance Map Revision : Residential; Commercial; Office Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash
deposit is required before work
commences.
No change
Page | 5
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Packet Pg. 220 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
II. PLANNING & ENGINEERING
Current Fee FY 2025-26 Proposed Fee Note(s)/ Adjustment ADU Senate Bill 9 (SB 9) + Deleted. Removing section in favor of Ministerial Units & Lot Splits
section added above.
SB 9 Unit Application (One SB 9 Unit) $5,397 Deleted
SB 9 Unit Application (Two SB 9 Units) $7,016 Deleted
SB 9 Lot Split Application Staff hourly rate charges. A cash deposit of $15,000 is required before work commences
Deleted
Sign Permit +
Type I - First sign $145 $148 Annual CPI Change
Type I - Each Additional Sign $42 $43 Annual CPI Change Type II- First sign or Master Sign Program $1,737 $1,783 Annual CPI Change Type II - Single tenant building, each additional sign $91 $93 Annual CPI Change BART Banner $78 $80 Annual CPI Change
Temporary Event Permit +
One-Time Event or Initial Approval $534 $548 Annual CPI Change Annual Events after the first year $292 $299 Annual CPI Change Tree Removal Permit +
First Tree (including Heritage Tree) $189 $194 Annual CPI Change Each Additional Tree (Including Heritage Tree) $60 $62 Annual CPI Change Replacement with tree removal permit, as per OMC 17.21.5.F.2 $125 Per Tree $125 Per Tree No change. Flat fee per OMC17.21.5.F.2
Restitution for trees removed in violation of OMC 17.21 $1,130 Per Tree $1,160 Per Tree Annual CPI Change Use Permit +
Large (greater than 6) Residential Care, Child Care Facilities & Pre-Schools $2,808 Per Application $2,883 Per Application Annual CPI Change Commercial Use Permit $734 Plus $753 Plus Annual CPI Change Establishment of Commercial, Retail or Office Use in DC Downtown Zoning District when the new business requires use permit approval (such as service stations and “Class “B” retail businesses in “Type “1” spaces) $1.35 Per Square Foot $1.40 Per Square Foot in excess of the first 750 square feet
Annual CPI Change and adding a
minimum square footage to be
covered by the base fee. This will
assist small businesses in smaller
retail spaces.
Subject to maximum fee of $10,441 Per Application $10,722 Per Application Annual CPI Change Modification or expansion of existing business, when the requested change requires use permit approval (such as addition of outdoor seating) $934 Per Permit $959 Per Permit Annual CPI Change
Temporary Use $834 Per Permit $856 Per Permit Annual CPI Change Other Use Permits $1,928 Per Permit $1,980 Per Permit Annual CPI Change Wireless Communication Facility Permit +
Wireless Communication Facility Permit $6,824 Per Permit Plus $7,008 Per Permit Plus Annual CPI Change Plus cost of contracted peer review Actual cost Peer Review Actual cost Peer Review Annual RF Report Review $412 Per Review $423 Per Review Annual CPI Change (waived in years Compliance Review is required per OMC Section 17.34.9.A (1) or (2)
Permit Compliance $2,073 Per Report $2,128 Per Report Annual CPI Change (Review per OMC Section 17.34.9.A (1) or (2))
Small Cell Wireless Facilities
Small Cell Wireless Facility Permit Staff hourly rate charges. A cash deposit is required before work commences
Staff hourly rate charges. A cash
deposit is required before work
commences.
No change
Zoning Administrator
Request for public hearing, includes costs of noticing $247 Per Hearing $253 Per Hearing Annual CPI Change Page | 6
G.1.b
Packet Pg. 221 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
II. PLANNING & ENGINEERING
Current Fee FY 2025-26 Proposed Fee Note(s)/ Adjustment ADU Other Permits & Services +
Heritage Tree Nomination $1,001 $1,028 Annual CPI Change Hillside grading (Review under OMC section 17.7.7) $934 $959 Annual CPI Change 1st Time Extension (Planning Director) $323 Per Extention $331 Per Extention Annual CPI Change Subsequent Extension (Planning Commission) $809 $830 Annual CPI Change Outdoor Dining or Take-Out Restaurant Permit $641 $658 Annual CPI Change Relocation Permit (relocation of non-conforming office uses in DC zone $2,073 $2,128 Annual CPI Change Neighborhood Analysis "Vicinity" Map and Data Table $934 Deleted. Old fee was due to the need to do this research by hand through
multiple physical project files; we now
have GIS information that simplifies
this into a routine task.
Preliminary Housing Development Application (SB 330) $584 Per Application $599 Per Application Annual CPI Change Additional Hourly Rate after 39 hours of staff time (any discretionary application)
$129 $132 Annual CPI Change
Heavy Equipment Use for Residential Construction on Saturday/Sunday $206 $211 Annual CPI Change Reasonable Accommodation Request (OMC Section 17.46) Free Free No change Subdivision Agreement +
Original Deposit required (See §IIa) Deposit required (See §IIa for details) Each Extension - IF Granted $1,437 $1,475 Annual CPI Change Subdivision Fees +
Parcel Map and Parcel Map Checking Fee Deposit required Deposit required No change Final Map Checking Fee See section IIa (Non-Standard Projects) See section IIa (Non-Standard Projects) No change Final Map Recordation of Map Actual cost fee Contra Costa County Actual cost fee Contra Costa County No change Final Map Base Mapping Maintenance Actual cost fee Contra Costa County Actual cost fee Contra Costa County No change Improvement Plan Checking Staff or consultant hourly rate charges.
A cash deposit is required before work
commences
Staff or consultant hourly rate charges.
A cash deposit is required before work
commences.
No change
The cash deposit will be based on 2.5% of the City Engineer’s estimate of the value of street, drainage & other public or private improvements proposed to be installed.
Inspection of Improvements Staff or consultant hourly rate charges.
A cash deposit is required before work
commences
Staff or consultant hourly rate charges.
A cash deposit is required before work
commences.
No change
The cash deposit will be based on 8% of the first $30,000 of City Engineer’s estimate of the value, or any fraction thereof, +5% of that value which exceeds $30,000.
Encroachment Permits
Standard routine Projects (Driveways, utility hook-ups, sidewalk repairs, main break / repair, raise man hole to grade, etc.)
$487 Per Application $500 Per Application Annual CPI Change Non-Routine Projects - Processing Fee (2 hrs minimum inspection time per visit; construction or replacement of utility line/conduits; series of pole replacement, installation of frontage improvements, etc.) $247 Plus costs per section IIa (NonStandard Projects) if scope exceeds base permit
$253 Plus costs per section IIa (NonStandard Projects) if scope exceeds base permit
Annual CPI Change
Debris Box (up to 7 days) $97 Initial Week (7 days) $99 Initial Week (7 days) Annual CPI Change Debris Box after 7 days per day fee up to a maximum of 30 days $320 Per Day $328 Per Day Annual CPI Change Road Closure / Block Party $320 $328 Annual CPI Change
Cash Bond per OMC 12.08.140 per OMC 12.08.140 No change Transportation of Oversized and/or Overweight Loads per State Fee per State Fee No change House Moving Permit OMC 15.28.020 and costs per section IIa (Nonstandard projects)
OMC 15.28.020 and costs per section
IIa (Nonstandard projects)
No change
Revocable Encroachment Agreement when not associated with a project subject to Design Review
$1,928 $1,980 Annual CPI Change
Revocable Encroachment Agreement when associated with a project subject to Design Review
$1,544 $1,585 Increased above CPI to cover actual
staff time
Page | 7
G.1.b
Packet Pg. 222 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
II. PLANNING & ENGINEERING
Current Fee FY 2025-26 Proposed Fee Note(s)/ Adjustment ADU Watercourse/ Creek Alteration Permit
A1. Watercourse Setback Determination Fee $567 $582 Annual CPI Change B. Drainage Work Within A Waterway:
B1. Standard routine projects (drainage around residence on private property; repair of existing drainage) Covers processing fee and up to 3 inspections $448 $460 Annual CPI Change
B2. Additional Inspections - Drainage work within Waterway $541 $555 Annual CPI Change C. Drainage Work Within A Waterway: Nonstandard projects including improvements discharging to a public facility for review and inspection A cash deposit of $5,000 is required for
consultant or staff hourly rate charges.
A cash deposit of $5,000 is required for
consultant or staff hourly rate charges.
No change
D. Cash Bond, if required for repairs/improvements As determined by the City Engineer As determined by the City Engineer No change Stormwater Treatment and Flow Control Facility Certification Annual Certification Fee Developments with 4 or less stormwater facilities $368 Annual $378 Annual Annual CPI Change Annual Certification Fee Developments with 5 or more stormwater facilities $445 Annual $457 Annual Annual CPI Change Business Permits Fees
Business Registration**
Initial Annual Business Registration - Effective Renewal Dates beginning 2024
$59 Initial License $60 Initial License Annual CPI Change Annual Renewal Business Registration $40 Per Renewal $41 Per Renewal Annual CPI Change Initial Late Penalty (1st of month following due date) $28 1st of month following due date $28 1st of month following due date Annual CPI Change Late Penalty (if unpaid on 1st of month following initial Penalty) $58 Two months delinquent $59 Two months delinquent Annual CPI Change Compliance Inspection Fee $120 Per Inspection $123 Per Inspection Annual CPI Change State Surcharge - Disability Access Fee $4 Per Application or Renewal $4 Per Application or Renewal No Change. Set By State Law Short-Term Rental Registration
Initial Registration $291 $298 Annual CPI Change
Annual Renewal Short-Term Rental Registration $173 $177 Annual CPI Change Residential Parking Permits
Annual Permit $97 $99 Annual CPI Change
Employee Parking Permits
Semi Annual Permit July 1st - December 31st $97 $99 Annual CPI Change Semi Annual Permit January 1st - June 30th $97 $99 Annual CPI Change Commuter Parking Permits
Semi Annual Permit: January 1st – June 30th $349 $358 Annual CPI Change Semi Annual Permit: July 1st – December 31st $349 $358 Annual CPI Change Civil Penalities Added
Civil penalties are listed below, except where higher amounts are authorized by state law. See Gov Code 36900; Civil Code 2929.3 (properties acquired in foreclosure).
Added
Fees for Infractions Added
First Violation $100 Added
Second Violation $200 Added
Each Additional Violation $500 Added
Fees for Infractions - Violation of Local Building and Safety Codes Added First violation $130 Added
Second Violation - same ordinance within one year $700 Added Each Additional Violation - same ordinance within one year $1,300 Added Each Additional Violation – within two years of the first violation $2,500 Added Fees for Infractions - Violation of Short-Term Rental Ordinance Added First violation $1,500 Added
Second Violation - same ordinance within one year $3,000 Added Each Additional Violation - same ordinance within one year $5,000 Added Page | 8
G.1.b
Packet Pg. 223 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
II a. NON-STANDARD PROJECTS
Fees listed in the preceding sections of this Schedule are intended to cover City staff time for standard processing. For any work not included in the schedule, including but not limited to: street closures, abandonments; FEMA Floodway, review of Letter of Map Revision (LOMR) Application, Quit Claims; legal costs including defense of an application undertaken in accordance with an indemnification agreement between the City and the Applicant, the fee(s) will be charged equivalent to the hourly cost of the employee(s) involved, plus the City cost of materials, equipment, contracted professional services including legal services and City overhead as described below.
Additional fees and deposits may be required for the following:
SPECIAL/COMPLEX PROJECTS
For special projects requiring extensive staff work due to duration, complexity, required preparation of non-standard forms and agreements, etc., the City reserves the right to charge for materials and labor, plus overhead in addition to, or in lieu of the fees cited in this schedule.
The City Manager is authorized to establish guidelines for when a deposit may be required for such projects. This may include executing reimbursement and indemnification agreements. The City Manager may delegate to the Director of Public Works and Director of Planning the authority to determine the amount of cash deposit needed for Engineering and Planning discretionary applications.
When the balance in the deposit account submitted by an applicant is 50% or less of the original deposit, an additional deposit may be required to continue processing. Upon completion of the project, and payment by the City for all services provided under this provision, any unused portion will be refunded to the applicant.
CONSULTANT FEES
For Consultant Services contracted by the City of Orinda, such as soils peer review, environmental consultant, etc.; the fees (which may be deducted from the deposit account, or paid directly) shall include:
Consultant's cost paid by the City Plus 30% of the first $10,000 of the contract; and 10% of the contract amounts in excess of $10,000.
CITY ATTORNEY FEES
If the assistance of the City Attorney is required in connection with any non-standard project services, Fees collected from the Applicant shall include:
The City’s contract City Attorney costs Plus a 17.5% overhead fee.
CONTRACT SERVICES
Services may include, but are not limited to, photocopying, delivery, etc.
For Contract Services entered by the City of Orinda, the fees (which may be deducted from the deposit account, or paid directly) shall include:
Contractor’s costs paid by the City plus a surcharge of 17.5% as an overhead fee.
Page | 9
G.1.b
Packet Pg. 224 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
III. APPEALS
Current Fee
FY 2025-26
Proposed Fee Note(s)/ Adjustment
All appeals or reconsiderations -
Appeal reconsideration costs are based on 25% of the original application fee subject to the Minimum / Maximum, plus the estimated cost of preparing detailed meeting minutes for decision(s) being appealed.
Minimum $713.00 $732.00 Annual CPI Change
Maximum $2,005.00 $2,059.00 Annual CPI Change
Page | 10
G.1.b
Packet Pg. 225 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
IV. Parks & Recreation * Current Fee Proposed Fee Current Fee Proposed Fee Current Fee Proposed Fee Current Fee Proposed Fee INDOOR
FACILITIES Public Agencies (eg. OUSD/MHS)
Orinda Community Center
Meeting Room $ 49.00 $ 50.00 $ 54.00 $ 55.00 $ 60.00 $ 61.00 $ 74.00 $ 76.00 Large Meeting Room $ 54.00 $ 55.00 $ 59.00 $ 60.00 $ 65.00 $ 66.00 $ 79.00 $ 81.00 Founders Auditorium $ 88.00 $ 90.00 $ 96.00 $ 98.00 $ 122.00 $ 125.00 $ 133.00 $ 136.00 Kitchen $ 42.00 $ 43.00 $ 51.00 $ 52.00 $ 59.00 $ 60.00 $ 74.00 $ 76.00 Library
Auditorium $ 102.00 $ 104.00 $ 109.00 $ 112.00 $ 122.00 $ 125.00 $ 148.00 $ 152.00 Garden Room $ 64.00 $ 65.00 $ 67.00 $ 69.00 $ 73.00 $ 75.00 $ 91.00 $ 93.00 May or Gallery Rooms $ 36.00 $ 37.00 $ 37.00 $ 38.00 $ 40.00 $ 41.00 $ 49.00 $ 50.00 Wilder Park
Ranch House $ 67.00 $ 68.00 $ 72.00 $ 75.00 $ 78.00 $ 80.00 $ 94.00 $ 96.00 Art & Garden Studio $ 67.00 $ 68.00 $ 72.00 $ 75.00 $ 78.00 $ 80.00 $ 94.00 $ 96.00 Art & Garden Center 1-3 $ 185.00 $ 190.00 $ 193.00 $ 198.00 $ 214.00 $ 219.00 $ 256.00 $ 262.00 City Hall
Sarge Room $ 49.00 $ 50.00 $ 54.00 $ 55.00 $ 60.00 $ 61.00 $ 74.00 $ 76.00
OUTDOOR
FACILITIES
Library
Library Plaza $ 56.00 $ 57.00 $ 62.00 $ 63.00 $ 64.00 $ 65.00 $ 81.00 $ 83.00 Orinda Community Park
Amphitheater $ 40.00 $ 41.00 $ 41.00 $ 42.00 $ 46.00 $ 47.00 $ 55.00 $ 56.00 Gazebo (up to 3 hrs) $ 57.00 $ 58.00 $ 64.00 $ 65.00 $ 69.00 $ 71.00 $ 85.00 $ 87.00 Meadow $ 25.00 $ 26.00 $ 28.00 $ 29.00 $ 52.00 $ 53.00 $ 94.00 $ 96.00 Tennis/Picketball Courts $ 8.00 $ 9.00 $ 10.00 $ 11.00 $ 12.00 $ 13.00 $ 16.00 $ 17.00 Community Center Plaza (upper or lower) $ 56.00 $ 57.00 $ 62.00 $ 63.00 $ 64.00 $ 65.00 $ 81.00 $ 83.00 Orinda Oaks Park (up to 3 hours) - Price per Use
Picnic Area $ 57.00 $ 58.00 $ 64.00 $ 65.00 $ 69.00 $ 70.00 $ 85.00 $ 87.00 Wilder Park (up to 3 hours) - Price per Use
Picnic Area up to 20 $ 36.00 $ 37.00 $ 37.00 $ 38.00 $ 40.00 $ 41.00 $ 50.00 $ 51.00 Picnic Area up to 50 $ 57.00 $ 58.00 $ 62.00 $ 63.00 $ 68.00 $ 70.00 $ 85.00 $ 87.00 Picnic Area 51–100 $ 91.00 $ 93.00 $ 95.00 $ 97.00 $ 108.00 $ 111.00 $ 133.00 $ 136.00 Art & Garden Center Plaza (per hour) $ 56.00 $ 57.00 $ 62.00 $ 63.00 $ 64.00 $ 65.00 $ 81.00 $ 83.00 SPORTS
FACILITIES
Orinda Sports Field
Natural Turf Field $ 27.00 $ 28.00 $ 33.00 $ 34.00 $ 37.00 $ 38.00 $ 66.00 $ 67.00 Infield Use (OSF) $ 13.00 $ 14.00 $ 17.00 $ 18.00 $ 20.00 $ 21.00 $ 33.00 $ 34.00 Wilder Park
Natural Turf - Field 3 $ 32.00 $ 33.00 $ 38.00 $ 39.00 $ 42.00 $ 43.00 $ 72.00 $ 74.00 Natural Turf - Field 5 $ 27.00 $ 28.00 $ 33.00 $ 34.00 $ 37.00 $ 38.00 $ 66.00 $ 67.00 Artificial Turf Field $ 54.00 $ 55.00 $ 66.00 $ 67.00 $ 75.00 $ 77.00 $ 130.00 $ 133.00 Field Lights $ 25.00 $ 25.00 $ 29.00 $ 29.00 $ 32.00 $ 32.00 $ 37.00 $ 37.00 Wagner Ranch Gymnasium
Gymnasium $ 68.00 $ 70.00 $ 80.00 $ 82.00 $ 90.00 $ 92.00 $ 157.00 $ 162.00 Pine Grove Field
Soccer Field $ 27.00 $ 28.00 $ 33.00 $ 34.00 $ 37.00 $ 38.00 $ 66.00 $ 67.00 Baseball Field $ 13.00 $ 14.00 $ 17.00 $ 18.00 $ 20.00 $ 21.00 $ 33.00 $ 34.00 Orinda Union School District
Del Rey Mustang $ 20.00 $ 21.00 $ 21.00 $ 22.00 $ 25.00 $ 26.00 $ 35.00 $ 36.00 Del Rey Pinto $ 20.00 $ 21.00 $ 21.00 $ 22.00 $ 25.00 $ 26.00 $ 35.00 $ 36.00 Del Rey Keith Burnham $ 23.00 $ 24.00 $ 24.00 $ 25.00 $ 28.00 $ 29.00 $ 40.00 $ 41.00 Glorietta Field $ 20.00 $ 21.00 $ 21.00 $ 22.00 $ 25.00 $ 26.00 $ 35.00 $ 36.00 Orinda Inter. Lower $ 27.00 $ 28.00 $ 30.00 $ 31.00 $ 35.00 $ 36.00 $ 50.00 $ 52.00 Orinda Inter. Upper $ 20.00 $ 21.00 $ 21.00 $ 22.00 $ 25.00 $ 26.00 $ 35.00 $ 36.00 Sleepy Hollow Field $ 20.00 $ 21.00 $ 21.00 $ 22.00 $ 25.00 $ 26.00 $ 35.00 $ 36.00 Wagner Bronco $ 20.00 $ 21.00 $ 21.00 $ 22.00 $ 25.00 $ 26.00 $ 35.00 $ 36.00 Wagner Curtis $ 20.00 $ 21.00 $ 21.00 $ 22.00 $ 25.00 $ 26.00 $ 35.00 $ 36.00 Group II
Hourly Rates Facility Use Fees
Group V
Commercial
Group II
Resident 50% or >
Group III
<50% Resident
Group IV
Private
Group II
OUSD/MHS
Group V
Commercial
Group V
Commercial
RESIDENT & NON RESIDENT
Group III
Nonprofit
Group IV
Private
Group III
Nonprofit
Group IV
Private
Page | 11
G.1.b
Packet Pg. 226 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
IV. Parks & Recreation * (Continued)
Current Fee
FY 2025-26
Proposed Fee
A) Security Deposits (Refundable)
Meeting Rooms, Art & Garden Center Studio (one studio) $150/ rental $150/ rental No change Founders, Library Auditorium, Sports Field, Art & Garden Center- all studios $500/ rental $500/ rental No change Gymnasium $200/rental $200/ rental No change
Picnic 50+ $100/rental $100/ rental No change
Special Event $1,000 per rental $1,000 per rental No change B) Facility Equipment Rental & Program-related Fees
Art & Garden Center Supplemental Power Sourse $100/day $100/ day No change Cocktail Tables (AGC) $10/table/day $10/ table/ day No change Late Registration Fee (sports programs) $25 $25 No change Withdrawal Fee (sports leagues) 25%-50% of registration 25%-50% of registration No change Late Notice Court Rental Adjustment Fee 25% of court fee 25% of court fee No change Accessory Dwelling Unit (ADU) Pre-approval Plan Check $10/space/day $10/ space/ day No change Media Production in Park Facilities and Open Space $200/hour, $2000/day $200/ hour, $2,000/ day No change Easel $10/day $10/ day No change
Facility Attendant $50/ hour $51/ hour Annual CPI Change Lapel Microphone $60/day $60/ day No change
LCD Projector (Portable; for classrooms) $60/day $60/ day No change LED Projector (Built-in; Founders, Library Auditorium, and AGC) $85/day $85/ day No change Microphone (Wired) $35/day $35/ day No change
Microphone (Wireless) $70/day $70/ day No change
Bluetooth Speaker $60/day $60/ day No change
TV Monitor (DVD player included if needed) $50/day $50/ day No change Portable Sound System (includes microphone) $100/day $100/ day No change Sound System/Sound Booth (Founders, Library Auditorium, and AGC) $125/day $125/ day No change Tennis Court Light Cards - 3 months $60/3 months or $120/ 6 months $60/ 3 months or $120/ 6 months No change Tennis Court Light Fee $2- 3/hour $2- 3/ hour No change Rental Change Fee/Re-Booking Fee $25 per change $25 per change No change Rental Permit Violation Fee $100-500 per incident; plus verified public safety response cost, if necessary
$100-500 per incident; plus verified public
safety response cost, if necessary
No change
C) Sports Field Rental Fees
Tournament Fee (in addition to field use fee) $177/day $181/ day Annual CPI Change Wilder Scoreboard Use Fee $52/ day $53/ day Annual CPI Change Wilder Storage Container Use Fee (Container not provided) $52/ season $53/ season Annual CPI Change D) Miscellaneous Parks & Recreation Fees
Class Refund Fee - to credit card $5 per transaction $5 per transaction No change Class Refund Fee - by check $20 per transaction $20 per transaction No change Camp Refund Fee 3%-7% per transaction 3%-7% per transaction No change Class/Camp Transfer Processing Fee $20 per transfer $20 per transfer No change Fitness Class Permit $216/ 6 months $222/ 6 months Annual CPI Change Non-Resident Fee 15% additional fee addeded on all Resident Fees
15% additional fee addeded on all Resident
Fees
No change
E) Facility Preservation Fees
Per Player Fee for Sports League (Maintenance and Capital Replacement Fund) $12/player/schedluing session (6 months) $12/ player/ schedluing session (6 months) No change Facility Preservation (Maintenance and Capital Replacement of non-sports facilities) 3% charge added to each non-sports league transaction
3% charge added to each non-sports league
transaction
No change
OTHER FEES RESIDENT + NON-RESIDENT FEES Notes
* The Director of Parks and Recreation or his/her designee will set specific fees. The City's goal is to charge user fees that are comparable with neighboring agencies, fair and reasonable for the facility or service provided, and that offset operating costs as much as possible. The Director is authorized to establish discounted fees or promotional packages as incentives where applicable.
Page | 12
G.1.b
Packet Pg. 227 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
V. PUBLIC SAFETY SERVICES
Note(s)/ Adjustment
FINGERPRINTING
Ink Card - Taking of Prints Only Fee is per card $45.00 $46.00 Annual CPI Change Live Scan - City service fee $48.00 $49.00 Annual CPI Change * In addition to the Orinda Service Fee, the City collects external fees "Live Scan" fees established by reporting agencies and are subject to change Department of Justice Reporting $32.00 *
$32.00 * No change
Child Abuse Central Index Reporting $15.00 *
$15.00 * No change
Federal Bureau of Investigation Reporting $17.00 *
$17.00 * No change
No Charge No Charge No change
$0.10 per page **
$0.10 per page ** No change
$0.00 **$0.00 ** No change
$178.00 $182.00 Annual CPI Change
CITATION PROOF OF CORRECTION - SIGN-OFF
(California Vehicle Code Section 40610)
COPY OF TRAFFIC COLLISION REPORT
POLICE CLEARANCE LETTER (Background Check)
** As established by Contra Costa County Office of Sheriff - Records Division VEHICLE RELEASE (Stored / Impounded Vehicle)
FALSE ALARM RESPONSE FEE (8.12.070 OMC)
For each false alarm in excess of two during any 90 day period. $360.00 $369.00 Annual CPI Change
REDEMPTION OF SIGNS RECOVERED FROM RIGHT OF WAY
Storage and redemption fee for advertising signs removed from the public right-of-way by the City
$60.00 $61.00 Annual CPI Change
VEHICLE ABATEMENT
For every incident where the City abates vehicles or vehicle parts determined to be a public nuisance.
$261.00 $268.00 Annual CPI Change
MASSAGE BUSINESS APPLICATION FEES
Application Fees
New Application for operating a massage parlor $291.00 $298.00 Annual CPI Change Renewal - Application for operating a massage parlor $145.00 $148.00 Annual CPI Change New Application for acting as a masseur $164.00 $168.00 Annual CPI Change Renewal of application for acting as a masseur $89.00 $91.00 Annual CPI Change Permit Fees
Annual permit for operating a massage parlor $60.00 $61.00 Annual CPI Change Annual permit for acting as a masseur $60.00 $61.00 Annual CPI Change TOBACCO RETAILERS LICENSE (OMC 9.28.080) $368.00 $377.00 Annual CPI Change SOLICITOR REGISTRATION $148.00 $152.00 Annual CPI Change FY 2025-26
Current Fee Proposed Fee
Page | 13
G.1.b
Packet Pg. 228 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26) Proposed Master Fee Schedule FY 2025-26
Resolution No. 22-25
Effective: 7/1/2025 (Unless Noted Otherwise)
VI. DEVELOPMENT IMPACT FEES
Note(s)/ Adjustment
PARK DEDICATION FEE - (Effective August 17, 2025)
Adjustment formula per OMC 3.28.070 and 3.28.080
Single-family detached $22,418 21,220 Decrease in Median estimated home value Single-family attached or townhouse $15,232 14,418 Decrease in Median estimated home value Multiple-family duplex, condominium $15,644 Per Unit 14,808 Per Unit Decrease in Median estimated home value Single Family
Regional Fee $5,045.11 $5,007.88 No change
Local Fee $5,045.11 $5,007.88 No change
Multi-family or second unit
Regional Fee $3,531.37 $3,505.31 No change
Local Fee $3,531.37 $3,505.31 No change
$1,871.87 $1,858.06 No change
$1,871.87 $1,858.06 No change
Multiple Family - Transit-Oriented Development
Regional Fee
Local Fee
Non-Residential
Regional Fee $5.39 Per Square Foot $5.35 Per Square Foot No change Local Fee $5.39 Per Square Foot $5.35 Per Square Foot No change Other Uses
Regional Fee $555.25 Per Daily Trip $551.15 Per Daily Trip No change Local Fee $555.25 Per Daily Trip $551.15 Per Daily Trip No change DRAINAGE IMPACT FEE - (Effective August 17, 2025)
Impervious surface added by new development $1.65 Per Square Foot ** $1.69 Per Square Foot ** Annual CPI Change ** Fee applied to square feet in excess of 100sf
VII. ZONING IN-LIEU FEE
PARKING IN-LIEU VARIANCE FEE***
Existing Building - 1st Space $1,421 $1,459.00 *** Annual CPI Change Existing Building - 2nd Space $2,843 $2,919.00 *** Annual CPI Change Existing Building - 3rd Space $4,266 $4,381.00 *** Annual CPI Change Existing Building - Each Additional Space after 3 $5,688 $5,841.00 *** Annual CPI Change New Building - 1st Space $2,274 $2,335.00 *** Annual CPI Change New Building - 2nd Space $5,119 $5,257.00 *** Annual CPI Change New Building - 3rd Space $7,964 $8,179.00 *** Annual CPI Change New Building - Each Additional Space after 3 $10,810 $11,101.00 *** Annual CPI Change Current Fee FY 2025-26 Proposed Fee
TRANSPORTATION IMPACT FEE *
(Effective 1/1/2025 to incorporate the change in the September 2024 Construction Cost Index)
*Adjustments and timing for Regional fee is based on direction from Lamorinda Fee and Finance Authority. Per JPA uses September Change in construction cost index and identifies desired adjustment effective January 1st.
***The Parking Variance In-Lieu Fee Holiday commencing April 17, 2024 through January 31, 2026 for qualifying projects that are within one half-mile of the BART station and that meet other AB 2097 criteria. Resolution 20-24 adopted on 5/21/2024.
Page | 14
G.1.b
Packet Pg. 229 Attachment: Proposed Master Fee Schedule FY 2025-26 (3647 : Proposed Master Fee Schedule FY 2025-26)