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, October 7, 2025
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 10.07.25
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 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. This does not include teleconference locations. 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 10.07.25
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. Proclamation Declaring October 5-11, 2025 as Fire Prevention Week 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. September 2, 2025 Regular Meeting
F.2. Community Center HVAC Replacement Project (CIP #5034) Recommendation:
Award a construction contract to City Mechanical Inc. in the amount of $258,159 for replacement of the Community Center roof top HVAC package units and authorize contingency of 15 percent.
F.3. Approve Contract with Musco Sports Lighting to Retrofit Lighting for Wilder Sports Fields, CIP Project #4195
Recommendation:
Waive the formal bid process and approve Resolution No. 51-25, approving a contract with Musco Sports Lighting LLC to retrofit lighting for Wilder Sports Field, CIP Project #4195.
F.4. Adoption of Retiree Health Savings (RHS) Program with MissionSquare Retirement and Related Actions
Recommendation:
City Council
Agenda Page 3 10.07.25
Adopt Resolution No. 56-25 Authorizing the City of Orinda to Establish a Retiree Health Savings (RHS) Plan with MissionSquare Retirement (Plan # 800529) and authorize the City Manager to prepare and execute the various documents and agreements necessary to implement the RHS Plan.
F.5. Accept Work and Contract with Hardiman Construction Inc. for Group 2 Storm Drain Lining Project (CIP Project #s 3101 & 3102) Recommendation:
Adopt Resolution No. 55-25 to Accept Work and Contract with Hardiman Construction Inc. as Complete for the Group 2 Stormdrain Lining Project F.6. Proclamation Declaring October 19-25, 2025 as United Against Hate Week in the City of Orinda
Recommendation:
Approve the issuance of a Proclamation Declaring October 19-25, 2025 as United Against Hate Week in the City of Orinda
F.7. Accept Work and Contract with City Mechanical, Inc. for the Library HVAC Modernization Project (CIP #4174)
Recommendation:
Adopt Resolution No. 53-25 to accept contract with City Mechanical, Inc. for the Library HVAC Modernization Project.
F.8. Award of Bid for City’s Residential Chipper Program Recommendation:
Award the Contract to Wildland Corporation for operation of the City’s Chipper Program and Approve Budget Change Form #005-26.
F.9. Public Hearing for Approval of the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority for the Senior Housing Project Located at 15 Irwin Way
Recommendation:
Adopt Resolution 58-25 Approving the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority in an Aggregate Principal Amount Not to Exceed $15,000,000 for the Purpose of Financing or Refinancing the Acquisition and Construction of Vista Verde Senior Housing and Certain Other Matters Relating Thereto.
F.10. Classification Updates and Staff Allocation Changes Recommendation:
Adopt Resolution 57-25 Approving Revisions to the Maintenance Worker and Facility Maintenance Worker Classifications and Approve Changes to the Position Allocation Plan
G. PUBLIC HEARING
H. POLICY MATTERS
City Council
Agenda Page 4 10.07.25
H.1. Update on Pilot Off-Leash Dog Area at Orinda Oaks Park and Open Space
Recommendation:
Receive the report from Staff and provide feedback, including on the continuation on the pilot off-leash dog area.
H.2. Filling Vacancy on the Traffic Safety Advisory Committee Recommendation:
Consider appointment of Craig Beckerman to the Traffic Safety Advisory Committee or provide direction to Staff on interview process or further recruitment.
H.3. Designation of Voting Delegate and Alternate at the League of California Cities Annual Conference
Recommendation:
Designate Voting Delegate and Alternate for the League of California Cities Annual Business Meeting at the October 8-10, 2025 League Annual Conference
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, October 21, 2025 at 7:00 PM.
Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.
Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
City Council
Agenda Page 5 10.07.25
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.
CITY OF ORINDA PROCLAMATION
DECLARING OCTOBER 5-11, 2025 AS
FIRE PREVENTION WEEK
WHEREAS, the City of Orinda is committed to ensuring the safety and security of all those living, visiting and working in the community; and WHEREAS, fire remains a serious public safety concern both locally and nationally, and the presence of lithium-ion batteries in many household devices introduces unique fire risks; and
WHEREAS, most of the electronics used in homes daily — including smartphones, tablets, laptops, power tools, e-bikes, e-scooters, and toys — are powered by lithiumion batteries, which if misused, damaged, or improperly charged, can overheat, start a fire, or explode; and
WHEREAS, the National Fire Protection Association® (NFPA®) reports an increase in battery-related fires, underscoring the need for public education on the safe use of lithium-ion batteries; and
WHEREAS, residents should follow three key calls to action: 1) buy only listed products; 2) charge batteries safely; and 3) recycle them responsibly to prevent battery-related fires; and
WHEREAS, lithium-ion batteries store a large amount of energy in a small space, and improper use such as overcharging, using off-brand chargers without safety certification, or exposing batteries to damage can result in fire or explosion; and WHEREAS, the proper disposal and recycling of lithium-ion batteries help prevent environmental hazards and reduce fire risks in the home and community; and WHEREAS, the 2025 Fire Prevention Week™ theme, “Charge into Fire Safety™:
Lithium-Ion Batteries in Your Home,” serves to remind us of the importance of using, charging, and recycling lithium-ion batteries safely to reduce the risk of fires in homes and communities.
NOW, THEREFORE, BE IT PROCLAIMED that I, Mayor Latika Malkani do hereby recognize October 5–11, 2025, as Fire Prevention Week throughout City of Orinda.
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Communication: Proclamation Declaring October 5-11, 2025 as Fire Prevention Week (ITEMS FOR THE GOOD OF THE CITY) City Council
Staff Report
Agenda Item: F.1
Date: October 7, 2025
Department: City Clerk
AGENDA TITLE: Minutes Approval
RECOMMENDATION:
Approve City Council Minutes:
1. September 2, 2025 Regular Meeting
BACKGROUND:
The following City Council Minutes are attached for review and adoption.
1. September 2, 2025 Regular Meeting
ATTACHMENTS:
A. City Council Minutes of September 2, 2025
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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Orinda City Council Minutes Page 1 of 4 09.02.25
SEPTEMBER 2, 2025
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]).
7:00 P.M. – REGULAR MEETING– ORINDA LIBRARY AUDITORIUM
A. CALL TO ORDER / ROLL CALL:
Mayor Malkani called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Cara Hoxie, Janet Riley, Darlene Gee Mayor Latika Malkani, Vice Mayor Brandyn
Iverson
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani.
C. ADOPTION OF AGENDA
MOTION by Councilmember Hoxie, and seconded by Vice Mayor Iverson, to adopt the agenda. Said motion carried by unanimous (5-0) vote.
D. ITEMS FOR THE GOOD OF THE CITY – None.
E. PUBLIC FORUM – None.
F. CONSENT CALENDAR
Mayor Malkani asked and confirmed there were no items for removal or public comments.
F.1. Minutes Approval
Recommendation:
Approve City Council Minutes:
1. August 19, 2025 Regular Meeting
F.2. Shute Mihaly & Weinberger Hourly Rate Increase
Recommendation:
Approve the rate increase for Shute Mihaly & Weinberger for City Attorney services.
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Attachment: City Council Minutes of September 2, 2025 (3705 : Minutes Approval) Orinda City Council Minutes Page 2 of 4 09.02.25
F.3. Laserfiche Document Imaging System Acquisition and Implementation
Recommendation:
Approve the Master Service Agreement (MSA) No. 23068 and Addendum No. 1, No. 2, and No. 3 with MCCi, LLC for Laserfiche Cloud Subscription, Support Services, and Implementation Services, and approve Budget Change Form #004-26 to appropriate funding for this project.
MOTION by Councilmember Riley, and seconded by Councilmember Gee to approve Consent Calendar Items F.1.1, F.2, and F.3. Said motion carried by unanimous (5-0) vote.
G. PUBLIC HEARING – None.
H. POLICY MATTERS
H.1. Consider Amendments and Adopt City Council Policy & Procedures Manual
Recommendation:
Adopt Resolution No. 50-24 adopting the City Council Policies and Procedures Manual.
City Clerk Smith gave the staff report and overview of the revised Policies and Procedures Manual, which include minor edits. Staff recommends the Council provide any feedback or questions and adopt Resolution No. 50-24 adopting the City Council Policies and Procedures Manual.
Mayor Malkani opened the Public Forum, and there were no speakers.
Mayor Malkani referred to Section 2.1.3; Ending Time, and requested this be re-visited next year as to its efficiency and official end time. Councilmembers had no further comments or questions and voiced support of the resolution.
MOTION by Mayor Malkani, and seconded by Councilmember Hoxie to adopt Resolution No. 50-24 adopting the City Council Policies and Procedures Manual.
Said motion carried by unanimous (5-0) vote.
H.2. City Council Meeting Schedule for 2026
Recommendation:
Review, amend, and adopt the City Council Meeting Schedule for calendar year 2026.
City Manager Smith gave the staff report regarding the Council meeting schedule for 2026.
Councilmembers posed questions regarding the holding of a second meeting in January.
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Attachment: City Council Minutes of September 2, 2025 (3705 : Minutes Approval) Orinda City Council Minutes Page 3 of 4 09.02.25
Mayor Malkani opened the Public Forum, and there were no speakers.
Councilmembers discussed various meeting dates around the December holidays, supported adding a regular meeting on January 13th which could be canceled as needed, Spring Break surrounding the April 7th meeting, and no conflicts were identified.
City Manager Smith agreed to forward the final schedule in digital form to Councilmembers.
MOTION by Councilmember Gee, and seconded by Councilmember Hoxie to adopt the City Council Meeting Schedule for calendar year 2026, as amended, to add a Council meeting on January 13, 2026. Said motion carried by unanimous (5-0) vote.
H.3. Selection of Two Councilmembers as Labor Negotiators for Position of City Manager
City Manager Smith stated two Councilmembers are needed to volunteer their time to meet with her regarding discussions around labor negotiations, changes, or amendments to the City Manager contract.
Councilmembers Gee and Riley volunteered.
Mayor Malkani opened the Public Forum, and there were no speakers.
MOTION by Mayor Malkani, and seconded by Councilmember Hoxie to select Councilmembers Gee and Riley as Labor Negotiators for the Position of City Manager. Said motion carried by unanimous (5-0) vote.
I. COUNCILMEMBER REPORTS
Vice Mayor Iverson reported on the School 2x2 meeting and Wagner Ranch Nature Area negotiations.
Councilmember Hoxie added that she and Vice Mayor Iverson met with the 2x2 committee and held a discussion over E-bikes for education and enforcement, as well as safety issues on Coral.
Mayor Malkani thanked and described the work of the City Manager and Assemblymember Bauer-Kahan and Senator Grayson on SB 79. She reported on her attendance at the Cal Cities meeting on very high fire severity zones and the process, meeting with the Governor’s Office of External Affairs regarding evacuation needs, Caltrans-owned land, MOFD’s application and grant for the north shaded fuel break, and PG&E lines and impediments to development.
J. CITY MANAGER’S REPORT
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Attachment: City Council Minutes of September 2, 2025 (3705 : Minutes Approval) Orinda City Council Minutes Page 4 of 4 09.02.25
City Manager Smith reported that, following coordination with Lafayette and discussions with Senator Grayson and Senator Wiener’s team, SB 79 was amended in the Appropriations Committee to remove Tier 3 designations. She likened it as a countywide victory. She also received a list from Casey Elliott of Townsend Public Affairs on other legislation that made it out of the Appropriations Committee and will forward information on the bills to the Council to then indicate either support or opposition.
She also reported Orinda Police will have their first Citizens Academy and they hope to get many community members signed up. Lastly, she reported that the private road questionnaire project is wrapping up.
K. MATTERS INITIATED – None.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 7:37 p.m. to the Special City Council Meeting on Tuesday, September 30, 2025 at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of September 2, 2025 (3705 : Minutes Approval) City Council
Staff Report
Agenda Item: F.2
Date: October 7, 2025
Department:
Public Works and
Engineering Services
AGENDA TITLE: Community Center HVAC Replacement Project (CIP #5034) RECOMMENDATION:
Award a construction contract to City Mechanical Inc. in the amount of $258,159 for replacement of the Community Center roof top HVAC package units and authorize contingency of 15 percent.
BACKGROUND:
The Orinda Community Center HVAC system is made up of 13 rooftop package units.
These units have well served their lifespan and are beginning to experience expensive maintenance issues. One unit has already been replaced due to a failed compressor and approving this contract and replacement of the units will lessen the downtime in case of upcoming failures due to the age of the units and parts availability of the aging package units.
DISCUSSION:
On August 28, 2025, the City advertised for bids and 12 bids were received on September 24, 2025, with results as shown below. The low bid compares favorably with the Engineer’s Estimate of $300,000.
With respect to CEQA guidelines, the project was determined to be Categorically Exempt under section 15301, class 1, and a Notice of Exemption was filed with the County Clerk on September 9, 2025.
Bidder Bid amount
1. City Mechanical $258,159
2. Bell products $280,547
3. Airteks $286,755
4. North Bay Design $292,000
5. B&M Civil $297,777
6. AMI $299,200
Kevin Sullivan* $178,000
Matrix* $185,707
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Bidder Bid amount
Cool Tech* $199,031
A&B Mechanical* $204,611
Tradewinds* $210,500
Galaxy* $258,000
* The bottom six bids (shaded grey in the table above) were ultimately disqualified as they were deemed non-responsive for either not providing the necessary bid bonds and proper forms or not being on the bidders list on the Blueprint Xpress (BPX) site as required in the bidding documents.
Staff reviewed the bids and determined that City Mechanical, Inc., is the lowest responsive and responsible bidder and therefore recommends that the contract be awarded to them for $258,159. Staff recommends a 15% contingency which would allow expenditures up to $296,883, to allow for change orders, if warranted.
NEXT STEPS:
Upon approval of the award, the contract (standard city construction contract, as provided in the bid documents) will be routed for signatures. After the completed contract documents have been reviewed by the City Attorney, the contract will be executed by the City Manager. Project construction is estimated to begin in November 2025 and be completed in December 2025.
FISCAL IMPACT:
CIP #5034 is currently budgeted for $300,000 from Fund 603 (Building Maintenance Internal Service Fund) and Fund 700 (Capital Improvement Fund), which is sufficient to cover the cost of this contract, including the contingency.
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Ross Volker,
Approved by:
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City Council
Staff Report
Agenda Item: F.3
Date: October 7, 2025
Department:
Public Works and
Engineering Services
AGENDA TITLE: Approve Contract with Musco Sports Lighting to Retrofit Lighting for Wilder Sports Fields, CIP Project #4195
RECOMMENDATION:
Waive the formal bid process and approve Resolution No. 51-25, approving a contract with Musco Sports Lighting LLC to retrofit lighting for Wilder Sports Field, CIP Project #4195.
BACKGROUND:
The City currently operates two fields at the Wilder Sports Complex with stadium lighting. This stadium lighting includes six poles with 84 fixtures to illuminate the fields for nighttime use. Challenges with the current lighting technology include high energy costs, as well as frequent outages. The CIP Project #4195 was established and funded to allow retrofit to LED (light emitting diode) lamps.
DISCUSSION:
Staff reviewed PG&E billing over the last 12 months, noting that the average annual energy cost for the Wilder Sports Complex lighting for Fields #1 and #2 is approximately $85,000. By retrofitting the fixtures with LED lamps, energy consumption is estimated to drop by 50 percent. Additionally, other savings would be achieved since LED lamps would last much longer than the existing metal halide lamps. Over the last two years, the City has spent over $13,000 on replacement bulbs. Based on energy savings and the longer lamp life, this expenditure would yield a 5.4-year return on investment.
Staff obtained a Sourcewell proposal (Attachment B) from Musco Sports Lighting LLC for an amount of $297,345. This purchase contract will also include a 10-year warranty covering all materials and on-site labor.
Purchasing Policy Requirements
Orinda Municipal Code Section 2.55.080 requires that contracts exceeding $60,000 must be approved by the City Council. In addition, public works contracts exceeding $75,000 must be competitively bid. However, Municipal Code Section 2.55.100.A.7 contains specific exception for the City to acquire goods and services without first conducting a competitive bidding process when another public agency has already administered a competitive bidding process and has a current valid agreement for the same or substantially similar equipment in place. Sourcewell is a cooperative purchasing organization, of which Orinda is a member agency, and would allow the City to waive the normal competitive bid requirement.
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Some other public agencies which have contracted with Musco through this Sourcewell program include:
City of Danville – Diablo Vista Park
City of Walnut Creek – Tice Valley Park
San Ramon Valley Unified School District- Monte Vista High Sports Field With respect to CEQA guidelines, the project was determined to be Categorically Exempt under section 15301, class 1, and a Notice of Exemption will field with the County Clerk.
NEXT STEPS:
Upon approval of Resolution No. 51-25, Staff will route the standard construction contract for review by the City Attorney and for signature by the City Manager. Upon execution, Musco will deliver the materials within eight weeks, and it will take approximately three days to install.
FISCAL IMPACT:
CIP project #4195 is currently budgeted for $300,000 with funding from Fund 341 (Field Maintenance Surcharge) and Fund 240 (Park Dedication Fees).
ATTACHMENTS:
A. Resolution 51-25 Approving a Contract with Musco Sports Lighting, LLC to Retrofit Lighting for Wilder Sports Fields
B. Wilder - Sourcewell Quickfit Quote
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Ross Volker,
Approved by:
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RESOLUTION NO. 51-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING A CONTRACT WITH MUSCO SPORTS LIGHTING, LLC TO RETROFIT LIGHTING FOR WILDER SPORTS FIELDS, CIP PROJECT #4195
WHEREAS, the Fiscal Year 2025/26 CIP Project #4195 has approved funding of $300,000 to retrofit the existing metal halide lighting at Wilder Sports Fields #1 and #2 to LED (light emitting diode); and
WHEREAS, Staff has received a proposal from Musco Sports Lighting, LLC (Musco) to retrofit said lighting, via Sourcewell, a cooperative purchasing agreement, for $297,345; and
WHEREAS, the municipal code section 2.55.100.A.7 allows exceptions to the competitive bid requirement when a cooperative purchasing agreement (such as Sourcewell) exists for public agencies.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby waive the formal competitive bid process and approves a contract with Musco Sports Lighting, LLC to retrofit lighting for Wilder Sports Fields.
Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on October 7, 2025 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Latika Malkani, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
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Attachment: Resolution 51-25 Approving a Contract with Musco Sports Lighting, LLC to Retrofit Lighting for Wilder Sports Fields (3708 : Wilder Quote
2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17
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Date: 08/01/2025 Wilder Sports Fields Retrofit
Expiration date: 12/01/2025 Project#211360
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following:
Sourcewell Purchase – Contract Number: 041123-MSL
Quotation Price – Materials Delivered to Job Site and Installation Baseball / Soccer Quickfit – 84 fixtures ...................................... $ 297,345.00 Sales tax, bonding, labor, installation, and unloading of the equipment are not included.
Quote is confidential. Pricing and lead times are effective for 30 days only. Prices are subject to change if the order is not released within 60 days from the date of the purchase.
QuickFit™ System Upgrade including Installation
Guaranteed Lighting Performance
• Equal to original design values
• Improved glare control over existing system
• Cuts energy by approximately 50% Qualifies for DLC for utility rebate programs • BallTracker® technology – targeted light, optimizing visibility of the ball in play with no glare in the players typical line-of-sight
System Description
• Fixture for Fixture swap
• Corrosion protection
Control Systems and Services
• Controls available as an adder option
Show-Light® Entertainment System with Control-Link® Control and Monitoring • Not available as an adder
Operation and Warranty Services
• Comprehensive 10-year warranty covering all matreials and onsite labor – eliminates 100% of maintenance costs • Warranty starts the date of shipment
Responsibilities of Buyer
• Confirm pole or luminaire locations, supply voltage and phase required for lighting system prior to production • Provide electrical design and materials for electrical distribution system • Buyer is responsible for getting electrical power to the site, coordination with the utility, and power company fees • The unloading and storage of the material on site is the responsibility of the buyer Payment Terms
Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco.
Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:
Musco Sports Lighting, LLC
Attn: Musco Contracts
Fax: 800-734-6402
Email: [email protected]
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Attachment: Wilder - Sourcewell Quickfit Quote (3708 : Wilder Sports Complex - Lighting Retrofit) Quote
2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17
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All Purchase orders should note the following:
Sourcewell Purchase – Contract Number: 041123-MSL
Delivery Timing
8 - 10 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole/luminaire locations.
Notes
Quote is based on following conditions:
• Shipment of entire project together to one location.
• Voltage and phase system requirements to be confirmed. • Structural code and wind speed = 2022 CBC, 95 mi/h, Exposure C, Importance Factor 1.0. • Due to the built-in custom light control per luminaire, pole or luminaire locations need to be confirmed prior to production. Changes to pole or luminaire locations after the product is sent to production could result in additional charges.
• Standard soil conditions – rock, bottomless, wet, or unsuitable soil may require additional engineering, special installation methods and additional cost.
Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details.
Jasen Deniz
CA Sales Representative
Musco Sports Lighting, LLC
Phone: 530-812-0-7022
E-mail: [email protected]
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Attachment: Wilder - Sourcewell Quickfit Quote (3708 : Wilder Sports Complex - Lighting Retrofit) City Council
Staff Report
Agenda Item: F.4
Date: October 7, 2025
Department: Human Resources
AGENDA TITLE: Adoption of Retiree Health Savings (RHS) Program with MissionSquare Retirement and Related Actions
RECOMMENDATION:
Adopt Resolution No. 56-25 Authorizing the City of Orinda to Establish a Retiree Health Savings (RHS) Plan with MissionSquare Retirement (Plan # 800529) and authorize the City Manager to prepare and execute the various documents and agreements necessary to implement the RHS Plan.
BACKGROUND:
As part of labor negotiations with Teamsters, Local 856, the City agreed to establish a Retiree Health Savings Plan (the “Plan”) for eligible employees. This benefit was also extended to Unrepresented Employees.
The Plan will provide employees with a tax-advantaged way to save for qualified medical expenses in retirement, supporting long-term financial security and health care planning, while protecting the City from incurring unfunded liabilities. The program also enhances the City’s ability to recruit and retain a qualified workforce while helping employees prepare for future health care needs.
DISCUSSION:
Participation in the Plan will follow the terms set forth in the labor agreement and Unrepresented Employee Manual. The City will contribute $110 per month per eligible employee once the Plan is established.
The City has selected International City Management Association Retirement Corporation (ICMA-RC), doing business as MissionSquare Retirement, to administer the program. MissionSquare specializes in public-sector retirement and savings programs and currently manages the City’s 401(a) Defined Contribution and 457(b) Deferred Compensation Plans, ensuring continuity, administrative efficiencies, and compliance with Internal Revenue Code regulations governing RHS Plans.
The process to formally establish the RHS Plan involves the following items:
• Adoption of Resolution No. 56-25 – Authorizes adoption of the City of Orinda’s RHS Plan with MissionSquare Retirement (Plan # 800529). The resolution is required to state that the assets of the Plan shall be held in trust, with the employer acting as trustee, for the exclusive benefit of the Plan participants and F.4
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their survivors, and that the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The resolution must also state that a Declaration of Trust, in this case, and Integral Part Trust, will be executed. Lastly, the title of the trustees for our trust must be named in the resolution.
• Execute a Declaration of Trust –MissionSquare provides an integral part trust template (Attachment B) which needs to be executed. The Declaration of Integral Part Trust establishes the legal entity that will hold the assets which are set aside to pay for the employee’s retiree health benefits and lays out the duties of the employer and the Trustee with respect to the Trust. The Declaration of Integral Part Trust is not an agreement between the City and MissionSquare, but rather, it creates the ability for the City to designate another entity (i.e., MissionSquare) to perform administrative services for the Plan. • Establish a Retiree Welfare Benefits Plan – A Retiree Welfare Benefits Plan (Attachment C) identifies the eligible underlying benefits available to the employee/retiree such as reimbursement for medical, dental and long-term care coverage.
• Execute an RHS Adoption Agreement with MissionSquare –The Adoption agreement (Attachment D) specifies the details of how the Benefits Plan will work. For example, the Adoption Agreement details participant eligibility requirements, sources of contributions, vesting provisions, and procedures to be followed in the case of the death of the participant.
• Execute an Administrative Services Agreement with MissionSquare –The Administrative Services Agreement (Attachment E) is the contract between the City and Mission Square for the administration of the RHS Plan. • Execute the Vantage Trust II Participation Agreement – The MissionSquare RHS program makes available for investment the Vantage Trust II Funds (VT II Funds), a Collective Investment Trust (CIT). A CIT is designed to facilitate investment management by combining assets from eligible investors into a single investment portfolio with a specific investment strategy. A participation agreement (Attachment F) is necessary to allow participant access to invest in the VTII Funds.
NEXT STEPS:
If the Council approves Resolution 56-25, Staff will prepare the various governing documents, gather the necessary authorizing signatures, and submit the entire package to MissionSquare for review and acceptance. Once accepted by MissionSquare, the City will receive a New Plan Confirmation Letter. At this point, the City can hold employee education and enrollment meetings and begin making contributions.
FISCAL IMPACT:
There is no direct cost to the City to establish the RHS Plan other than administrative Staff time. Once the RHS Plan is established, contributions of $110 per month per eligible employee were authorized by the City Council as part of the Teamsters F.4
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Memorandum of Understanding (MOU) and Unrepresented Employee Manual. The total estimated annual cost of contributions is roughly $50,000.
ATTACHMENTS:
A. Resolution 56-25 MissionSquare Retirement Health Savings Plan B. Sample Declaration of the Integral Part Trust
C. Sample Retiree Welfare Benefits Plan
D. MissionSquare RHS Adoption Agreement
E. Administrative Services Agreement
F. Vantage Trust II Participation Agreement
Respectfully Submitted by:
Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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RESOLUTION NO. 56-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
AUTHORIZING ADOPTION OF A
MISSIONSQUARE RETIREMENT HEALTH SAVINGS (RHS) PLAN # 800529 WHEREAS, the City of Orinda employs individuals who provide valuable services; and WHEREAS, the City desires to establish a Retiree Health Savings (RHS) Program to provide reasonable security for employees’ health needs during retirement, increase flexibility in personnel management, and assist in attracting and retaining competent personnel; and WHEREAS, The City Council has determined that the establishment of the Retiree Health Savings Program (the “Program”) will serve these objectives.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orinda that:
1. The City hereby adopts the MissionSquare Retirement Health Savings Program (“Program”) through the City’s integral part trust (“Trust”) and the City’s welfare benefits plan (“Plan”).
2. The assets of the Plan shall be held in trust, with the Administrative Services Director serving as trustee, for the exclusive benefit of Plan participants and survivors. a. Plan assets shall not be diverted to any other purpose prior to satisfaction of all liabilities of the Plan.
b. The Employer has executed the Declaration of Trust of the City of Orinda, utilizing the form of trust made available by MissionSquare Retirement.
3. The Human Resources Manager shall act as Program Coordinator and primary contact for the Program and shall receive all necessary reports, notices, and related documents.
ADOPTED by the City Council of the City of Orinda on October 7, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Latika Malkani, Mayor
_________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 56-25 MissionSquare Retirement Health Savings Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Declaration of Trust of the
Name of Employer
Integral Part Trust
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Declaration of Trust of the
(Name of Employer)
Integral Part Trust
Declaration of Trust made as of the day of , 20 , by and between the (Name of Employer) , (State)
a (Type of Entity)
(hereinafter referred to as the “Employer”) and (Name or Title of Trustee) or its designee (hereinafter referred to as the “Trustee”).
Recitals
WHEREAS, the Employer is a political subdivision of the State of (state) exempt from federal income tax under the Internal Revenue Code of 1986; and WHEREAS, the Employer provides for the security and welfare of its eligible employees (hereinafter referred to as “Participants”), their Spouses and Dependents by the maintenance of one or more postretirement welfare benefit plans, programs or arrangements which provide for life, sickness, medical, disability, severance and other similar benefits through insurance and self-funded reimbursement plans (collectively the “Plan”); and
WHEREAS, it is an essential function and integral part of the exempt activities of the Employer to assist Participants, their Spouses and Dependents by making contributions to and accumulating assets in the trust, a segregated fund, for post- retirement welfare benefits under the Plan; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in this sample Declaration of Trust; and WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan for the exclusive benefit of Plan Participants, their Spouses and Dependents; NOW, THEREFORE, the parties hereto do hereby establish this trust, by executing the sample Declaration of Trust of the (Name of Employer)
Integral Part Trust (hereinafter referred to as the “Trust”), and agree that the following constitute the sample Declaration of Trust (hereinafter referred to as the “Declaration”):
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Article I
Definitions
1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective meanings set forth below unless otherwise expressly provided. (a) “Account” means the individual recordkeeping account maintained under the Plan to record the interest of a Participant in the Plan in accordance with Section 7.3. (b) “Administrator” means the Employer or the entity designated by the Employer to carry out administrative services as are necessary to implement the Plan. (c) “Beneficiary” means the Spouse and Dependents, who will receive any benefits payable hereunder in the event of the Participant’s death. In the case where there is no Spouse or Dependents, any amount of contributions, plus accrued earnings thereon, remaining in the Account must revert in accordance with the Employer’s election under Section VIII of the MissionSquare RHS Adoption Agreement.
(d) “Code” means the Internal Revenue Code of 1986, as amended from time to time. (e) “Dependent” means (a) the Participant’s lawful spouse, (b) the Participant’s child under the age of 27, as defined by IRC Section 152(f)(1) and Internal Revenue Service Notice 2010-38, or (c) any other individual who is a person described in IRC Section 152(a), as clarified by Internal Revenue Service Notice 2004-79.
(f) “Investment Fund” means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets may be separately invested as herein provided. The Trustee shall not be required to select any Investment Fund. (g) “Nonforfeitable Interest” means the interest of the Participant or the Participant’s Spouse and Dependent (whichever is applicable) in the percentage of Participant’s Employer’s contribution which has vested pursuant to the vesting schedule specified in the Employer’s Plan. A Participant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in the Participant’s own contributions.
(h) “Spouse” means the Participant’s lawful spouse as determined under the laws of the jurisdiction in which the Participant was married.
(i) “Trust” means the trust established by this Declaration. (j) “Trustee” means the Employer or the person or persons appointed by the Employer to serve in that capacity.
Article II
Establishment of Trust
1.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Participants, their Spouses and Dependents.
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Article III
Construction
3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of .
3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate, and the singular form of words shall be read as the plural where appropriate.
3.3 If any provision of this Trust shall be held illegal or invalid for any reason, such determination shall not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of this Trust.
Article IV
Benefits
4.1 Benefits. This Trust may provide benefits to the Participant, the Participant’s Spouse and Dependents pursuant to the terms of the Plan.
4.2 Form of Benefits. This Trust may reimburse the Participant, his Spouse and Dependents for insurance premiums or other payments expended for permissible benefits described under the Plan. This Trust may reimburse the Employer, or the Administrator for insurance premiums.
Article V
General Duties
1.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee’s name as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to compute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody, investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are performed by the Employer or the Administrator, or both.
1.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Administrator or other person designated hereunder from time to time the Employer’s contributions and Participants’ contributions under the Plan and to inform the Trustee in writing as to the identity and value of the assets titled in the Trustee’s name hereunder and to keep accurate books and records with respect to the Participants of the Plan.
Article VI
Investments
1.1 The Employer may appoint one or more investment managers to manage and control all or part of the assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment.
1.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the Employer (or Participants or their Spouses and Dependents to the extent provided herein) F.4.b
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book the Trustee is authorized and empowered with the following powers, rights and duties, each of which the Trustee shall exercise in a nondiscretionary manner:
(a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee or in the name of a nominee, or to take and keep the same unregistered; (b) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be liable for the acts ofsuch agents and counsel or for the acts done in good faith and in reliance upon the advice of such agents and legal counsel, provided it has used reasonable care in selecting such agents and legal counsel;
(c) To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust may be invested and to pay the premiums thereon; and
(d) At the direction of the Employer (or Participants, their Spouses, their Dependents, or the investment manager, as the case may be) to sell, write options on, convey or transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non-income producing and wherever situated, including but not limited to, time deposits (including time deposits in the Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures, equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securities and other corporate, individual or government securities or obligations, annuity, retirement or other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units of any other common, collective or commingled trust fund.
1.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as title holder only. Persons holding custody or possession of assets titled to the Trust shall include the Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee. The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer, the Administrator, the investment manager, or such agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense which may result from the Trustee’s refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustee’s negligence or intentional misconduct. The Trustee may refuse to comply with any direction from the Employer, the Administrator, the investment manager, or such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal.
1.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken by or omitted in good faith by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any such investment in the absence of directions from the investment manager. Notwithstanding anything to the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemnification if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken by it under the provisions of this Trust.
1.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer, the Administrator and the investment manager or another agent of the Employer, will F.4.b
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book be responsible for valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims, actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such assets.
1.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all actions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and nature in connection with or arising out of (a) the Trustee’s failure to follow the directions of the Employer, the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator, the investment manager or agents thereof; and (c) the Trustee’s negligence, willful misconduct, or recklessness with respect to the Trustee’s duties under this Declaration.
Article VII
Contributions
7.1 Employer Contributions. The Employershall contribute to the Trustsuch amounts asspecified in the Plan or by resolution.
7.2 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation leave, or other type of accrued leave, as permitted under the Plan. The Employer’s Plan must provide a formula for determining the value of the Participant’s contribution of accrued leave. The Employer’s Plan must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash in lieu of a contribution to the Trust.
7.3 Accounts. Employer contributions, including mandatory Participant contributions, and contributions of accrued leave, all investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his Spouse and Dependents. The assets in each Participant’s Account may be invested in Investment Funds as directed by the Participant (or, after the Participant’s death, by the Spouse or Dependents) or the Employer, as required under the Plan, from among the Investment Funds selected by the Employer.
7.4 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or investment manager or another agent of the Employer, shall receive all contributions paid or delivered to it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declaration, without distinction between principal and income. The Trustee shall not be responsible for the calculation or collection of any contribution under the Plan, but shall hold title to property received in respect of the Plan in the Trustee’s name as directed by the Employer or its designee pursuant to this Declaration.
7.5 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Employer, the Trustee, any Participant, his Spouse, or Dependent.
7.6 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer.
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Article VIII
Other Plans
If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical, disability, severance, or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, may commingle for investment purposes the contributions received under such other plan or plans with the contributions previously received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term “Plan” as used herein shall be deemed to refer separately to each other plan; and (c) the term “Employer” as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan.
Article IX
Disbursements and Expenses
1.1 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to Section 7.6), which would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of the Participants, their Spouses and Dependents pursuant to the provisions of the Plan.
1.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of the Participants to whom or to whose Spouse or Dependents such payments are to be made, and no person shall be entitled to look to any other source for such payments.
1.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer.
Article X
Accounting
10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of the Trust, except as necessary to perform its title-holding function hereunder. All accounts, books, and records relating thereto shall be maintained by the Employer or its designee.
10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its designee.
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Article XI
Miscellaneous Provisions
11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be appointed by, or account to any court of law in the exercise of its powers hereunder.
11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look to the propriety of the acts of the Trustee in connection therewith.
11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustee under this Declaration.
11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract information from, and copy all books, records, accounts, and other documents of the Trustee relating to this Declaration and the Trustees’ performance hereunder.
Article XII
Amendment and Termination
12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration at any time for any reason without the consent of the Trustee or any other person, provided that no amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the execution of the Trustee to the amendment. Any such amendment shall become effective as of the date provided in the amendment, if requiring the Trustee’s execution, or on delivery of the amendment to the Trustee, if the Trustee’s execution is not required.
12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer.
Article XIII
Successor Trustees
13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving ninety (90) days’ advance written notice.
13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days’ advance written notice to the Employer.
13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trustee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declaration, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and responsibilities for the Trust.
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) Article XIV
Limited Effect of Plan and Trust
Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or account, nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration.
Article XV
Protective Clause
Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any contract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract, or for the action of any person which may delay payment or render a contract void or unenforceable in whole or in part.
IN WITNESS WHEREOF, the Employer and the Trustee have executed this Declaration by their respective duly authorized officers, as of the date first hereinabove mentioned.
EMPLOYER:
By: Title:
TRUSTEE(S):
By: Title:
By: Title:
By: Title:
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Attachment: Sample Declaration of the Integral Part Trust (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Name of Employer
Retiree Welfare Benefits Plan
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Retiree Welfare Benefits Plan
Table of Contents
Article I Preamble
1.01 Establishment of Plan
1.02 Purpose of Plan
Article II Definitions
2.01 “Benefits”
2.02 “Code”
2.03 “Dependent”
2.04 “Eligible Medical or Dental Expenses”
2.05 “Employer”
2.06 “Entry Date”
2.07 “Participant”
2.08 “Plan Administrator”
2.09 “Plan Year”
2.10 “Retiree”
2.11 “Spouse”
Article III Eligibility
3.01 General Requirements
Article IV Amount of Benefits
4.01 Annual Benefits Provided by the Plan
4.02 Cost of Coverage
Article V Payment of Benefits
5.01 Eligibility for Benefits
5.02 Claims for Benefits
Article VI Plan Administration
6.01 Allocation of Authority
6.02 Provision for Third-Party Plan Service
Providers
6.03 Several Fiduciary Liability
6.04 Compensation of Plan Administrator
6.05 Bonding
6.06 Payment of Administrative Expenses
6.07 Timeliness of Payments
6.08 Annual Statements
Article VII Claims Procedure
7.01 Procedure if Benefits are Denied Under
the Plan
7.02 Requirement for Written Notice of
Claim Denial
7.03 Right to Request Hearing on Benefit
Denial
7.04 Disposition of Disputed Claims
7.05 Preservation of Other Remedies
Article VIII Amendment or Termination
of Plan
8.01 Permanency
8.02 Employer’s Right to Amend
8.03 Employer’s Right to Terminate
Article IX General Provisions
9.01 No Employment Rights Conferred
9.02 Payments to Survivor
9.03 Nonalienation of Benefits
9.04 Mental or Physical Incompetency
9.05 Inability to Locate Payee
9.06 Requirement of Proper Forms
9.07 Source of Payments
9.08 Tax Effects
9.09 Multiple Functions
9.10 Gender and Number
9.11 Headings
9.12 Applicable Laws
9.13 Severability
F.4.c
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book (Name of Employer)
Retiree Welfare Benefits Plan
Article I
Preamble
THIS INSTRUMENT made and published by
(hereinafter called “Employer”) on the day of , 20 ,
creates the Retiree Welfare Benefits Plan (“Plan”), asfollows:
1.01 Establishment of Plan
The Employer named above hereby establishes a Retiree Welfare Benefits Plan as of the day of , 20 .
1.02 Purpose of Plan
This Plan has been established to reimburse the eligible Retirees of the Employer for medical and dental expenses incurred by them, their Spouses and Dependents through the Employer’s MissionSquare Retirement Health Savings (RHS) Program.
ARTICLE II
Definitions
The following words and phrases as used herein shall have the following meanings, unless a different meaning is plainly required by the context:
2.01 “Benefits” means any amounts paid to a Participant, Spouse or Dependents in the Plan as reimbursement for Eligible Medical and Dental Expenses incurred by the Participant during a Plan Year by him, his Spouse or his Dependents.
2.02 “Code” meansthe Internal Revenue Code of 1986, as amended.
2.03 “Dependent” means any individual who is a dependent of the Participant within the meaning of Code Sec. 152, as amplified by Internal Revenue Service Notice 2004-79, 2004-49 I.R.B.898 and Internal Revenue Service Notice 2010-38.
2.04 “Eligible Medical Expenses or Dental Expenses” means those expenses designated by the Employer as eligible for reimbursement in the MissionSquare Retirement Health Savings Adoption Agreement.
2.05 “Employer” means the unit of state or local government creating this Plan, or any affiliate or successor thereof that likewise adopts this Plan.
2.06 “Entry Date” means the first day the Participant meets the eligibility requirements of Article III as of such Date.
2.07 “Participant” means any Retiree who has met the eligibility requirements set forth in Article III.
F.4.c
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book
2.08 “Plan Administrator” means the Employer or other person appointed by the Employer who has the authority and responsibility to manage and direct the operation and administration of the Plan.
2.09 “Plan Year” means the annual accounting period of the Plan, which begins on the day of , 20 , and ends on the day of ,
20 , with respect to the first Plan Year, and thereafter as long as this Plan remains in effect, the period that begins on , and ends on month/day .
2.10 “Retiree” means any individual who, while in the service of the Employer, was considered to be in a legal employer-employee relationship with the Employer for federal withholding tax purposes, and who was part of the classification of employees designated as covered by the Employer’s MissionSquare Retirement Health Savings Program.
2.11 “Spouse” means the Participant’s lawful spouse as determined under the laws of the jurisdiction in which the Participant was married. All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in which they appear.
Article III
Eligibility
Each Retiree who meets the eligibility requirements outlined in the Employer’s MissionSquare Retirement Health Savings Adoption Agreement shall be eligible to participate in this Plan.
Article IV
Amount of Benefits
4.01 Annual Benefits Provided by the Plan
Each Participant shall be entitled to reimbursement for his documented, Eligible Medical Expenses incurred during the Plan Year in an annual amount not to exceed the participant’s account balance under the Plan.
4.02 Cost of Coverage
The expense of providing the benefits set out in Section 4.01 shall be contributed as outlined in the Employer’s MissionSquare Retirement Health Savings Adoption Agreement.
Article V
Payment of Benefits
5.01 Eligibility for Benefits
a) Each Participant in the Plan shall be entitled to a benefit hereunder for all Eligible Medical Expenses incurred by the Participant on or after the Entry Date of his or her participation (and after the effective date of the Plan), subject to the limitations contained in this Article V, regardless whether the mental or physical condition for which the Participant makes application for benefits under this Plan was detected, diagnosed, or treated before the Participant became covered by the Plan.
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book b) In order to be eligible for benefits, the Participant must separate from service or separate from service and meet the benefit eligibility criteria outlined in the Employer’s MissionSquare Retirement Health Savings Plan Adoption Agreement. c) A Participant who becomes totally and permanently disabled (as defined by the Social Security Administration, by the Employer’s primary retirement plan, or otherwise by the Employer) will become immediately eligible to receive medical benefit payments from the Plan. Pursuant to Section 9.02 of this Plan and Section XI of the Employer’s MissionSquare Retirement Health Savings Adoption Agreement, the surviving Spouse and Dependents shall become immediately eligible to receive or to continue receiving medical benefit payments from the Plan upon the death of the Participant.
5.02 Claims for Benefits
No benefit shall be paid hereunder unless a Participant, his Spouse or Dependent has first submitted a written claim for benefits to the Plan Administrator on a form specified by the Plan Administrator, and pursuant to the procedures set out in Article VI, below. Upon receipt of a properly documented claim, the Plan Administrator shall pay the Participant, his Spouse or Dependent the benefits provided under this Plan as soon as is administratively feasible.
Article VI
Plan Administration
6.01 Allocation of Authority
The Employer shall control and manage the operation and Administration of the Plan. The Employer shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer with respect to any matter hereunder shall be conclusive and binding on all persons.
Without limiting the generality of the foregoing, the Employer shall have the following powers and duties:
a) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan, in accordance with the provisions of the Plan; b) To determine the amount of benefits that shall be payable to any person in accordance with the provisions of the Plan; to inform the Plan Administrator, as appropriate, of the amount of such Benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; and
c) To designate other persons to carry out any duty or power which would otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the Plan. d) To require any person to furnish such reasonable information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan;
e) To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for the efficient administration of the Plan.
6.02 Provision for Third-Party Plan Service Providers
The Plan Administrator, subject to approval of the Employer, may employ the services of such persons as it may deem necessary or desirable in connection with operation of the Plan. The Plan F.4.c
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Administrator, the Employer (and any person to whom it may delegate any duty or power in connection with the administration of the Plan), and all persons connected therewith may rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, accountant, (including Employees who are actuaries or accountants), consultant, third party administration service provider, legal counsel, or other specialist, and they shall be fully protected in respect to any action taken or permitted in good faith in reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons.
6.03 Several Fiduciary Liability
To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability for any acts or for failure to act except for his own willful misconduct or willful breach of this Plan.
6.04 Compensation of Plan Administrator
Unless otherwise agreed to by the Employer, the Plan Administrator shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance of his duties shall be paid by the Employer.
6.05 Bonding
Unless otherwise determined by the Employer, or unless required by any Federal or State law, the Plan Administrator shall not be required to give any bond or other security in any jurisdiction in connection with the administration of this Plan.
6.06 Payment of Administrative Expenses
All reasonable expenses incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party administrative service provider, actuary, consultant, accountant, attorney, specialist, or other person or organization that may be employed by the Plan Administrator in connection with the administration thereof, shall be paid by the Employer, provided, however that each Participant shall bear the monthly cost (if any) charged by a third party administrator for maintenance of his Benefit Account unless otherwise paid by the Employer.
6.07 Timeliness of Payment for Benefits
Payment for Benefits shall be made as soon as administratively feasible after the required forms and documentation have been received by the Plan Administrator.
6.08 Annual Statements
The Plan Administrator shall furnish each Participant with an annual statement of his medical expense reimbursement account within ninety (90) days after the close of each Plan Year.
Article VII
Claims Procedure
7.01 Procedure if Benefits are Denied Under the Plan
Any Participant, Spouse, Dependent, or his duly authorized representative may file a claim for a plan benefit to which the claimant believes that he is entitled. Such a claim must be in writing on a form provided by the Plan Administrator and delivered to the Plan Administrator, in person or by mail, postage paid. Within thirty (30) days after receipt of such claim, the Plan Administrator F.4.c
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed forty-five (45) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 30-day period. If such extension is necessary due to a failure of the Participant, Spouse or Dependent to submit the information necessary to decide the claim, the notice of extension shall describe the required information and the claimant shall be afforded at least forty-five (45) days from receipt of the notice within which to provide such information. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and 7.04.
7.02 Requirement for Written Notice of Claim Denial
The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice setting forth in a manner calculated to be understood by the claimant:
a) The specific reason or reasons for the denial;
b) Specific reference to pertinent Plan provisions, including references to the MissionSquare Retirement Health Savings Adoption Agreement, on which the denial is based; c) A description of any additional material of information necessary for the claimant to perfect the claim and an explanation of why such material is necessary; and d) An explanation of the Plan’s claim review procedure.
7.03 Right to Request Hearing on Benefit Denial
Within one-hundred eighty (180) days after the receipt by the claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized representative, upon written application to the Plan Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may review pertinent documents, and may submit issues and comments in writing.
7.04 Disposition of Disputed Claims
Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on the review. The decision on review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision and specific references to the pertinent plan provisions on which the decision is based. The decision on review shall be made not later than sixty (60) days after the Plan Administrator’s receipt of a request for a review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered not later than one hundred-twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of the decision on the review is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05.
7.05 Preservation of Other Remedies
After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from pursuing any other legal or equitable remedy otherwise available.
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book Article VIII
Amendment or Termination of Plan
8.01 Permanency
While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer’s right to amend or terminate the Plan, as provided in Sections 8.02 and 8.03, below.
8.02 Employer’s Right to Amend
The Employer reserves the right to amend the Plan at any time and from time to time, and retroactively if deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of subsequent revenue or other laws, or the rules and regulations in effect under any of such laws or to conform with governmental regulations or other policies, to modify or amend in whole or in part any or all of the provisions of the Plan.
8.03 Employer’s Right to Terminate
The Employer reserves the right to discontinue or terminate the Plan at any time without prejudice.
Article IX
General Provisions
9.01 No Employment Rights Conferred
Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be continued in the employment of the Employer.
9.02 Payments After Death of Participant
Any benefits otherwise payable to a Participant following the date of death of such Participant shall be paid as outlined in Section XI of the Employer’s MissionSquare Retirement Health Savings Plan Adoption Agreement.
9.03 Nonalienation of Benefits
No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is made to subject any such benefit to the debts, contracts, liabilities, engagements or torts of the person entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall cease and terminate in the discretion of the Plan Administrator, and he may hold or apply the same or any part thereof to the benefit of any dependent of such person, in such manner and proportion as he may deem proper.
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book
9.04 9.05
9.06 9.07
9.08 9.09
9.10 9.11
9.12 Mental or Physical Incompetency
If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent by reason of physical or mental disability, the Plan Administrator may cause all payments thereafter becoming due to such person to be made to any other person for the benefit of the Participant, without responsibility to follow the application of amounts so paid.
Payments made pursuant to this Section shall completely discharge the Plan Administrator and the Employer.
Inability to Locate Payee
If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because he cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person (including a notice of the payment so due mailed to the last known address of such Participant or other person as shown on the records of the Employer), such payment and all subsequent payments otherwise due to such Participant or other person shall be escheated under the laws of the State of the last known address of the Participant or other persons eligible for benefits.
Requirement of Proper Forms
All communications in connection with the Plan made by a Participant shall become effective only when duly executed on forms provided by and filed with the Plan Administrator.
Source of Payments
The Employer shall be the sole source of benefits under the Plan. No Employee, Spouse or Dependents shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee, Spouse or Dependents.
Tax Effects
Neither the Employer nor the Plan Administrator makes any warranty or other representation as to whether any payments received by a Participant, his Spouse or Dependents hereunder will be treated as includible in gross income for federal or state income tax purposes.
Multiple Functions
Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan.
Gender and Number
Masculine or feminine pronouns include all genders, and the singular shall include the plural, unless indicated otherwise by the context.
Headings
The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder.
Applicable Laws
The provisions of the Plan shall be construed, administered and enforced according to the laws of the State of .
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan)
9.13 Severability
Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible.
IN WITNESS WHEREOF, we have executed this Plan Agreement the date and year first written above.
EMPLOYER
By: Title:
Signature of Authorized Official
ATTEST (if applicable)
By: Title:
Signature of Attestor
F.4.c
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Attachment: Sample Retiree Welfare Benefits Plan (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book MissionSquare RHS Adoption
Agreement
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book
If the Employer’s underlying welfare benefit plan is in whole or part a non-collectively bargained plan that allows reimbursement for medical expenses other than insurance premiums, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received by highly compensated individuals if the Plan discriminates in favor of highly compensated individuals in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel.
MissionSquare Retirement Health Savings (RHS) Adoption Agreement Plan Number: 8
Select as applicable:
Standalone RHS Integrated RHS Amendment to Existing Plan New Plan I. Employer Name: State:
II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government.
III. Plan Dates:
A. Plan Effective Date
B. Plan Year: Enter the annual accounting period for the RHS program.
IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare benefit plan(s) established by the Employer:
V. Eligible Groups, Participation and Participant Eligibility Requirements A. Eligible Groups
The following group or groups of Employees are eligible to participate in the Employer’s welfare benefits plan identified in Section IV. (check all applicable boxes):
All Employees
All Full-Time Employees
Non-Union Employees
Public Safety Employees – Police
Public Safety Employees – Firefighters
General Employees
Collectively-Bargained Employees (Specify unit(s))
Other (specify group(s))
The Employee group(s) specified must correspond to a group(s) of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other documents or provisions in effect in the state or locality of the Employer.
B. Participation
Mandatory Participation: All Employees in the covered group(s) are required to participate in the Plan and shall receive contributions pursuant to Section VI.
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book
C. Participant Eligibility Requirements
1. Minimum service: The minimum period of service required for participation is (write N/A if no minimum service is required).
2. Minimum age: The minimum age required for eligibility to participate is (write N/A if no minimum age is required).
VI. Contribution Sources and Amounts
A. Definition of Earnings
The definition of Earnings will apply to all RHS Contribution Features that reference “Earnings,” including Direct Employer Contributions (Section VI.B.1.) and Mandatory Employee Compensation Contributions (Section VI.B.2.).
Definition of earnings:
B. Direct Employer Contributions and Mandatory Contributions Contributions for participants include:
1. Direct Employer Contributions
The Employershall contribute on behalf of each Eligible Employee % of Earnings*
$ each Plan Year
A discretionary amount to be determined each Plan Year
Other (describe):
2. Mandatory Employee Compensation Contributions
The Employer will make mandatory contributions of Employee compensation as follows:
Reduction in Salary — % of Earnings or $ will be contributed for the Plan Year.
Decreased Merit or Pay Plan Adjustment — All or a portion of the Employees’ annual merit or pay plan adjustment will be contributed as follows:
An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of employee compensation.
3. Mandatory Employee Leave Contributions
The Employer will make mandatory contributions of accrued leave as follows (provide formula for determining mandatory employee leave contributions):
Accrued Sick Leave
Accrued Vacation Leave
Other (specify type of leave) Accrued Leave
An Employee shall not have the right to discontinue or vary the rate of mandatory leave contributions.
* Non-collectively bargained plans that reimburse medical expenses other than insurance premiums should consult their benefits counsel regarding welfare plan nondiscrimination rules if the employer elects to make contributions based on a percentage of earnings.
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book
(I
C. Limits on Total Contributions (check one box)
The total contribution by the Employer on behalf of each Participant (including direct employer and mandatory employee contributions) for each Plan Year shall not exceed the following limit(s) below. Limits on individual contribution types are defined within the appropriate section above.
There is no Plan-defined limit on the percentage or dollar amount of earnings that may be contributed.
% of earnings
Definition of earnings: Same as Section VI.A. Other
$ for the Plan Year.
VII. Vesting for Direct Employer Contributions
A. Vesting Schedule (check one box)
no selection is made, the default is 100% vested at all times.) The account is 100% vested at all times.
The vesting schedule below shall apply to direct employer contributions as outlined in Section VI.B.1.
Vesting schedules beyond 10 years are not supported.
Years of Service
Completed
Vesting
Percentage
%
%
%
%
%
%
%
%
%
%
F.4.d
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book
If your plan has multiple definitions of retirement, please notify MissionSquare Retirement, and note that it is the employer's responsibility to maintain and provide vested percentage for eligible employees upon benefit eligibility by submitting a letter of instruction (LOI) with the required data to MissionSquare Retirement.
B. The account will become 100% vested upon the death, disability, retirement*, or attainment of benefit eligibility (as outlined in Section IX) by a Participant. * Definition of retirement includes a separation from service component and is further defined by (check one):
The primary retirement plan of the Employer
Completion of years of continuous service
Normal Retirement Age (NRA) of
Check this option ONLY if you want the automatic vesting feature to be turned on. Providing an NRA establishes an automatic vesting feature that automatically makes the participant 100% vested when the participant reaches the NRA regardless of any service requirement. If NRA is left blank, the standard default is age 62, and automatic vesting feature is turned off regardless of whether NRA is selected.
Other
C. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in A above.
VIII. Forfeiture Provisions
If a Participant separates from service prior to full vesting, non-vested funds in the Participant’s account shall be forfeited in accordance with the box checked under this section.
Upon the death of a Participant, surviving spouse, and all surviving eligible dependents (as outlined in Section XI), funds remaining in the Participant’s account shall revert to the Trust in accordance with the box checked under this section.
If a Participant permanently opts out and waives future reimbursements, as allowed under IRS Notice 2013-54, all funds in the Participant’s account at the time of waiver shall be forfeited in accordance with the box checked under this section.*
Remain in the Trust to be reallocated among all Plan Participants with a balance as Direct Employer Contributions for the next and succeeding contribution cycle(s).** Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants with a balance.**
Remain in the Trust to be reallocated among all Plan Participants based upon Participant account balances.**
* If the Employer’s RHS Program does not limit eligibility to Participants who have separated from service, the Employer will be required to provide further direction to MissionSquare regarding the treatment of possible contributions that are required to be made following the Participant’s waiver.
** If the forfeited balance is small whereby the reallocation amount to each Plan Participant with a balance is minimal, the assets will revert to Employer’s forfeiture account for further direction from the Employer. If there are Participants without a balance who should receive forfeiture assets, please provide alternative instructions to MissionSquare on the forfeiture reallocation notice.
F.4.d
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book
IX. Eligibility Requirements to Receive Medical Benefit Payments from the MissionSquare Retirement Health Savings Program
A. A Participant is eligible to receive benefits:
At retirement only (also complete Section B.)
Definition of retirement:
Same as Section VII.B.
Other
At separation from service with the following restrictions No restrictions
Other
B. Termination prior to general benefit eligibility: In a case where the general benefit eligibility as outlined in Section IX.A includes a retirement component, a Participant who separates from service of the Employer prior to retirement will be eligible to receive benefits:
Immediately upon separation from service
Other
C. A Participant who becomestotally and permanently disabled will become immediately eligible to receive medical benefit payments from his/her account under the Employer’s welfare benefits plan.
As defined by the Social Security Administration
As defined by the Employer’s primary retirement plan
Other
D. Upon the death of the Participant, benefits shall become payable as outlined in Section XI.
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book
X. Permissible Medical Benefit Payments
Select one option.
Benefits eligible for reimbursement under the plan are as allowed under IRC Section 213 other than direct long-term care expenses.
Option 1: All Medical Benefits*
Option 2: Insurance Premiums Only
Option 3: Select Expenses* you wish to cover under the Employer’s welfare benefits plan:
Medical Insurance Premiums
Medical Out-of-Pocket Expenses
Medicare Part B Insurance Premiums
Medicare Part D Insurance Premiums
Medicare Supplemental Insurance Premiums
Prescription Drug Insurance Premiums
COBRA Insurance Premiums
Dental Insurance Premiums
Dental Out-of-Pocket Expenses
Vision Insurance Premiums
Vision Out-of-Pocket Expenses
Qualified Long-Term Care Insurance Premiums
Non-Prescription medications allowed under IRS guidance Other qualifying medical expenses (describe)
* Non-collectively bargained plans that reimburse medical expenses other than insurance premiums should consult their benefits counsel regarding welfare plan nondiscrimination rules if the employer elects to make contributions based on a percentage of earnings.
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book XI. Benefits After the Death of the Participant
In the event of a Participant’s death, the following shall apply:
A. Surviving Spouse and/or Surviving Dependents
Upon the death of a Participant, the surviving spouse and/or surviving eligible dependents (as defined in Section XII.D.) of the deceased Participant are immediately eligible to maintain the Participant’s RHS account and utilize the remaining balance to fund eligible medical benefits specified in Section X above. The account balance may be reallocated* by the surviving spouse or dependents.
* Before investing, please read the applicable fund disclosure materials carefully for a complete summary of all fees, expenses, investment objectives and strategies, and risks. This information is available when you log in at www.icmarc.org/login, or upon request by calling (800) 326-7272.
If a Participant’s account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents.
Upon the death of all eligible dependents, the account will revert in accordance with the Employer’s election under Section VIII of the MissionSquare RHS Adoption Agreement.
B. No Surviving Spouse or Surviving Dependents
If there are no living spouse or dependents at the time of death of the Participant, the account will revert in accordance with the Employer’s election under Section VIII of the MissionSquare RHS Adoption Agreement.
XII. The Plan Will Operate According to the Following Provisions:
A. Employer Responsibilities
1. The Employer will submit all MissionSquare Retirement Health Savings Plan enrollment and contribution data via electronic submission.
2. The Employer will submit all MissionSquare Retirement Health Savings Plan Participant status updates or personal information updates via electronic submission. This includes but is not limited to termination notification, benefit eligibility, and vesting notification.
B. Participant account administration and asset-based fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement.
C. Assignment of benefits is not permitted. Benefits will be paid only to the Participant, his/her survivors, the Employer, or an insurance provider (as allowed by the claims administrator).
Payments to a third-party payee (e.g., medical service provider) are not permitted with the exception of reimbursement to the Employer or insurance provider (as allowed by the claims administrator).
D. An eligible dependent is (a) the Participant’s lawful spouse, (b) the Participant’s child under the age of 27, as defined by IRC Section 152(f)(1) and Internal Revenue Service Notice 2010-38, or (c) any other individual who is a person described in IRC Section 152(a), as clarified by Internal Revenue Service Notice 2004-79.
E. The Employer will be responsible for withholding, reporting and remitting any applicable taxes for payments which are deemed to be discriminatory under IRC Section 105(h), as outlined in the MissionSquare Retirement Health Savings Employer Manual.
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) XIII. Employer Acknowledgements
A. The Employer hereby acknowledges it understands that failure to properly fill out this MissionSquare Retirement Health Savings Adoption Agreement may result in the loss of tax exemption of the Trust and/or loss of tax-deferred status for Employer contributions.
B. Check this box if you are including supporting documents that include plan provisions.
Employer Signature
By: Date:
Title:
Attest: Date:
Title:
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Attachment: MissionSquare RHS Adoption Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan)
ADMINISTRATIVE SERVICES AGREEMENT
for
City of Orinda
Type: RHS
Account Number: 800529
F.4.e
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 2 of 14
ADMINISTRATIVE SERVICES AGREEMENT
This Agreement is made effective as of, (please enter date) ____________________ (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation doing business as MissionSquare Retirement ("MissionSquare"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Orinda ("Employer") a local governmental instrumentality organized and existing under the laws of the State of California with an office at 22 Orinda Way, Orinda, California 94563.
RECITALS
Employer acts as a public plan sponsor for a retiree health plan with responsibility to obtain investment alternatives and services for employees participating in that plan;
Employer desires to make the Retirement Health Savings (“RHS”) Program provided by MissionSquare available to its employees through the Employer’s integral part trust (“Trust”) and the Employer’s welfare benefits plan (“Plan”); MissionSquare, or its wholly owned subsidiary, acts as investment adviser to VantageTrust Company, LLC (“VTC”), the Trustee of VantageTrust II Multiple Collective Investment Funds Trust (“VantageTrust II);
VantageTrust II is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Rulings 81-100 and 2011-1, which provides for the collective investment and reinvestment of assets of certain tax-exempt, governmental pension and profit sharing plans, and retiree welfare plans, and other eligible investors;
VTC makes a series of separate funds (the “MSQ Funds Class S”) available through VantageTrust II for the investment of plan assets as referenced in the Declaration of Trust and Disclosure Memorandum (“Disclosure Materials”); The MSQ Funds Class S are available only through adoption of VantageTrust II; and
MissionSquare provides a complete offering of services to public employers for the operation of employee retirement and retiree health savings plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record-keeping, investment reporting, form processing, and benefit disbursement.
F.4.e
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 3 of 15
AGREEMENTS
1. Acceptance of RHS Program
Employer agrees to make the RHS Program provided by MissionSquare available to its employees. The details of the RHS Program shall be as mutually agreed between the Employer and MissionSquare, and in general shall be as set forth in the RHS Program materials developed by MissionSquare and provided to Employer. The RHS Program materials are hereby incorporated by reference and made a part of this Agreement, except that Employer and MissionSquare may from time to time mutually agree in writing to terms that vary from the RHS Program materials. RHS Program materials shall include the MissionSquare Retiree Health Program Employer Guide, available electronically through the plan sponsor website upon adoption of the RHS Program.
2 Appointment of MissionSquare
Employer hereby appoints MissionSquare as the exclusive Recordkeeper for the RHS Plan to perform all non-discretionary functions necessary for the administration of the RHS Plan with respect to assets in the RHS Plan transferred to its administration.
The functions to be performed by MissionSquare and its agents include:
(a) allocation in accordance with participant direction of individual accounts to investment options made available to Plan participants; (b) maintenance of individual accounts for participants reflecting amounts contributed, income, gain, or loss credited, and amounts disbursed as benefits;
(c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts;
(d) communication to participants of information regarding their rights and elections under the Plan; and
(e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan.
3. Employer Duty to Furnish Information
Employer agrees to furnish to MissionSquare on a timely basis such information as is necessary for MissionSquare to carry out its responsibilities with respect to F.4.e
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 4 of 15
the Plan, including information needed to allocate individual participant accounts to investment options, and information as to the benefit eligibility and employment status of participants, and participants’ ages, addresses, dependents, spouses and other identifying information (including tax identification numbers). Employer also agrees that it will notify MissionSquare in a timely manner regarding changes in staff as it relates to various roles. This is to be completed through the plan sponsor website. MissionSquare shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant, spouse or dependent that is furnished by such participant, spouse or dependent, and MissionSquare shall not be responsible for any error arising from its reliance on such information. MissionSquare will provide reports and account information to the Employer through the plan sponsor website.
4. MissionSquare Representations and Warranties
MissionSquare represents and warrants to Employer that:
(a) MissionSquare is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement.
(b) MissionSquare is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended.
(c) MissionSquare will handle participant information in the manner described in the Business Associate Agreement to be executed between the Plan and MissionSquare, a form of which is provided as Exhibit A to this Agreement.
5. Employer Representations and Warranties
Employer represents and warrants to MissionSquare that:
(a) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement.
Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party.
(b) Information required to be retained by the Employer shall be set forth in the RHS Program materials developed by MissionSquare and provided to F.4.e
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 5 of 15
the Employer.
(c) Employer is required to send in contributions through the plan sponsor website, the online plan administration tool provided by MissionSquare. (d) Employer is responsible for determining that there are no state or local laws that would prohibit it from establishing the RHS Program. Employer is also responsible for determining that the investments selected for the Plan fall within state or local requirements. MissionSquare shall not be responsible for monitoring state or local law applicable to retirement plans or for administering the Plan in compliance with local or state requirements unless Employer notifies MissionSquare of any such local or state requirements.
(e) Employer acknowledges that the RHS Plan is a “health plan” for Health Insurance Portability and Accountability Act (“HIPAA”) purposes and therefore is subject to HIPAA privacy rules. Employer also acknowledges that the RHS Plan is a Health Reimbursement Arrangement, subject to applicable provisions of the Affordable Care Act (“ACA”). An employer sponsoring the Plan is responsible for complying with the HIPAA privacy and security rules with respect to all protected health information created, maintained, received, or transmitted in relation to the Plan and is responsible for complying with the ACA.
(f) Employer acknowledges that certain such services to be performed by MissionSquare under this Agreement may be performed by an affiliate or agent of MissionSquare pursuant to one or more other contractual arrangements or relationships, and that MissionSquare reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (g) Employer acknowledges and agrees that MissionSquare does not assume any responsibility with respect to the selection or retention of the Plan’s investment options. Employer shall have exclusive responsibility for the selection and retention of the Plan’s investment options, including the selection of the applicable share class.
(h) Employer confirms that it has executed a Participation Agreement for VantageTrust II and acknowledges that it has received the Disclosure Materials.
(i) Employer authorizes MissionSquare to establish an unallocated plan level expense account, which also may be known as an administrative allowance account, to be invested as Employer directs.
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 6 of 15
6. Participation in Certain Proceedings
The Employer hereby authorizes MissionSquare to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings regarding the Plan involving the garnishment of benefits or the transfer of benefits pursuant to a medical child support order. Unless Employer notifies MissionSquare otherwise, Employer authorizes MissionSquare to determine whether disbursement of benefits to a spouse or child pursuant to a medical child support order is appropriate.
7. Compensation and Payment
Absent an explicit agreement to the contrary between MissionSquare and Employer, participant fees and expenses shall be payable from RHS assets, in accordance with the requirements of the RHS Program as set forth below. (a) Asset-based fees will be included in the daily unit value of each MSQ Fund Class S, and no separate asset-based fees will be assessed. (b) A $25 annual account administration fee will be charged quarterly to each Accountholder’s account.
(c) The account administration fee is subject to change with appropriate prior notification.
(d) Compensation for Advisory and other Services to
MissionSquare Funds Class M. Employer acknowledges that MissionSquare, including certain of its wholly owned subsidiaries, receives compensation for advisory and other services furnished to the MSQ Funds Class M, which are collective funds serving as the underlying funds to certain MSQ Funds Class S.
8. Responsibility
(a) MissionSquare shall not be responsible for any acts or omissions of any person with respect to the Plan, or its related Trust, other than MissionSquare in connection with the administration or operation of the Plan or its related Trust.
(b) The Employer understands that, as a general matter, the Internal Revenue Service (“IRS”) may decline to rule on certain design features or provisions that the Employer may request to have added to the RHS Program materials. The Employer agrees to hold MissionSquare harmless in F.4.e
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 7 of 15
connection with the addition and administration of any Plan feature or provision requested by the Employer for which the IRS will not provide express interpretive guidance.
9. Indemnification
Employer shall indemnify MissionSquare against, and hold MissionSquare harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney’s fees, that may be incurred by, imposed upon, or asserted against MissionSquare by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or its related Trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from MissionSquare’s negligence, bad faith, or willful misconduct.
10. Term
This Agreement shall be in effect for an initial term beginning on the Inception Date, provided the Employer executes this Agreement through DocuSign.
Written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement. The Employer understands and acknowledges that, in the event the Employer terminates this Agreement (or replaces the MissionSquare PLUS Fund of VantageTrust II as an investment option in its investment line-up), MissionSquare retains full discretion to release Plan assets invested in the MissionSquare PLUS Fund in an orderly manner over a period of up to 12 months from the date MissionSquare receives written notification from the Employer that it has made a final and binding selection of a replacement for MissionSquare as administrator of the Plan (or a replacement investment option for the MissionSquare PLUS Fund).
11. Amendments and Adjustments
(a) This Agreement may be amended by written instrument signed by the parties.
(b) The parties agree that only an adjustment to compensation or administrative and operational services under this Agreement may be implemented by MissionSquare through advance written notice, which may be provided by electronic means. The Employer will be given at least 60 days to review the proposal before the effective date of the adjustment.
Such adjustment shall become effective unless, within the 60-day period, the Employer notifies MissionSquare in writing that it does not accept such adjustment, in which event the parties will negotiate with respect to the adjustment.
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 8 of 15
(c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege.
12. Notices
All notices required to be delivered under this Agreement shall be delivered electronically, personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) Legal Department, MissionSquare Retirement, 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given.
13. Complete Agreement
This Agreement, with an executed Business Associate Agreement, shall constitute the sole agreement between MissionSquare and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect.
14. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions.
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 9 of 15
In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written.
CITY OF ORINDA
By _____________________________
Signature / Date
By _____________________________
Name and Title (Please Print)
THE INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT
CORPORATION doing business as
MISSIONSQUARE RETIREMENT
By _____________________________
Erica McFarquhar
Assistant Secretary
[An execution copy will be provided via DocuSign]
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 10 of 15
Exhibit A
RHS HIPAA BUSINESS ASSOCIATE AGREEMENT FOR PLAN NUMBER 800529 This Business Associate Agreement (“BA Agreement”) supplements and is made part of the Administrative Services Agreement entered into between City of Orinda on behalf of Plan Number 800529 (“Covered Entity” or “City of Orinda RHS”) and The International City Management Association Retirement Corporation doing business as MissionSquare Retirement (“Business Associate”) on (please enter date) , and is effective as of the effective date of the Administrative Services Agreement (the “Effective Date”).
RECITALS
Covered Entity is a group health plan that reimburses medical expenses for eligible participants, their spouses, and their dependents. Under the Health Information Portability and Accountability Act of 1996 (“HIPAA”), Covered Entity is required to enter into this BA Agreement to obtain satisfactory assurances that Business Associate will appropriately safeguard all Protected Health Information (“PHI”), as defined herein, that is created, maintained, received, or transmitted by Business Associate on behalf of Covered Entity.
Business Associate is a record keeper providing administrative services to Covered Entity. In general, Business Associate will not have access to information that would traditionally be considered PHI because participant medical information used to substantiate reimbursements is sent directly to and reviewed by a third-party claims processor. The third-party claims processor has agreed to protect PHI that it creates, maintains, receives, or transmits in a manner that is consistent with and as stringent as the terms agreed to by Business Associate under this BA Agreement with respect to information that could be considered PHI. Business Associate has access to information that might be interpreted as PHI, including an individual’s participation in the plan, reimbursement amounts, and the timing of reimbursements.
In consideration of the mutual promises below and the exchange of information pursuant to this BA Agreement and in order to comply with all legal requirements for the protection of this information, Covered Entity and Business Associate agree as follows:
1. DEFINITIONS
a. The following terms used in this BA Agreement shall have the same meaning as those terms are defined in the HIPAA Rules: Breach, Data Aggregations, Designated Record Set, Disclosure, Health Care Operations, Minimum Necessary, Notice of Privacy Practices, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 11 of 15
b. “Administrative Services Agreement” refers to a separate agreement outlining the services MissionSquare will provide to Covered Entity and the terms and conditions governing the provision of such services. The Administrative Services Agreement is made between MissionSquare and City of Orinda RHS or its sponsor, acting on behalf of City of Orinda RHS. c. “Business Associate” shall have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to this BA Agreement shall mean MissionSquare.
d. “Covered Entity” shall have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference this BA Agreement, shall mean City of Orinda RHS.
e. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
f. “Privacy Rule” shall mean the Privacy Standards and Implementation Specifications at 45 CFR 170 and 164, Subparts A and E. g. “Protected Health Information” (“PHI”) shall have the same meaning as the term “protected health information” in 45 CFR § 160.103, limited to the information created, received, maintained, or transmitted by Business Associate from or on behalf of Covered Entity pursuant to this Agreement. h. “Security Rule” shall mean the Security Standards and Implementation Specifications at 45 CFR Parts 160 and 164, Subparts A and C.
2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
Business Associate agrees to:
a. Not Use or Disclose PHI other than as permitted or required by this BA Agreement or as required by law.
b. Use appropriate safeguards to prevent Use or Disclosure of PHI other than as provided for by this BA Agreement, and comply with subpart C of 45 CFR Part 164 with respect to electronic PHI in Business Associate’s custody or control, to prevent Use or Disclosure of PHI other than as provided for by this BA Agreement.
c. Report to Covered Entity any Use or Disclosure of PHI not provided for by the BA Agreement of which it becomes aware not more than 60 calendar days after Business Associate discovers such non-permitted Use or Disclosure, including Breaches of Unsecured PHI as required at 45 CFR 164.410, and any Security Incident for which it becomes aware.
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Agreement 12 of 15
d. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any Subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information.
e. Make available, within 30 calendar days of the request of Covered Entity, PHI in a Designated Record Set in Business Associate’s custody or control, to Covered Entity, or as Directed by Covered Entity, to an individual, so that Covered Entity may meet its access obligations under 45 CFR § 164.524. f. Make any amendment(s) to PHI in a Designated Record Set in Business Associate’s custody or control as directed in writing by the Covered Entity pursuant to 45 CFR 164.526 no later than 60 days after receipt of such request, so that Covered Entity may meet its amendment obligations under 45 CFR 164.526.
g. Maintain and make available the information required to provide an accounting of Disclosures to the Covered Entity as requested by Covered Entity in writing and as necessary to satisfy the Covered Entity’s obligations under 45 CFR 164.528.
h. Make its internal practices, books, and records, available to the Secretary for purposes of determining compliance with the HIPAA Rules. i. Not directly or indirectly receive remuneration in exchange of PHI. j. Comply with the administrative simplification rules applicable to standard transactions, if Business Associate conducts such transactions under the electronic data interchange rules on behalf of Covered Entity. k. To the extent the parties agree that Business Associate will carry out directly one or more of Covered Entity’s obligations under the Privacy Rule, the Business Associate will comply with the requirements of the Privacy Rule that apply to the Covered Entity in the performance of such obligations.
3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE a. Business Associate may only Use or Disclose PHI as necessary to perform the services set forth in the Administrative Services Agreement and as permitted by this BA Agreement.
b. Business Associate may Use or Disclose PHI as required by law or to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(i).
c. Except as otherwise limited by this BA Agreement, Business Associate agrees to make Uses and Disclosures and requests for PHI consistent with the F.4.e
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Covered Entity’s Minimum Necessary policies and procedures when such are provided by the Covered Entity to Business Associate.
d. Business Associate is authorized to de-identify information in accordance with 45 CFR 164.514(a)-(c).
e. Business Associate may not Use or Disclose PHI in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for the specific Uses and Disclosures set forth below.
f. Business Associate may Use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
g. Business Associate may provide Data Aggregation services relating to the Health Care Operations of the Covered Entity.
4. OBLIGATIONS AND ACTIVITIES OF COVERED ENTITY
a. Covered Entity shall notify Business Associate of any limitations in the Notice of Privacy Practices that Covered Entity provides to individuals pursuant to 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s Use or Disclosure of PHI.
b. Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an individual to Use or Disclose his or her PHI, to the extent that such changes may affect Business Associate’s Use or Disclosure of PHI.
c. Covered Entity shall notify Business Associate of any restrictions on the Use or Disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate’s Use or Disclosure of PHI.
d. Covered Entity shall not request Business Associate to Use or Disclose PHI in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity, except to the extent that Business Associate will Use or Disclose PHI for Data Aggregation or management and administration and legal responsibilities of the Business Associate.
e. Covered Entity shall notify Business Associate of any confidential communication requests with which the Covered Entity has agreed to in accordance with 45 CFR 164.522, to the extent such requests would affect Business Associate’s Use or Disclosure of PHI.
5. TERM AND TERMINATION
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a. This BA Agreement shall be effective as of the Effective Date, and shall terminate upon the termination of the Administrative Services Agreement, subject to the provisions below regarding the return or destruction of PHI. b. Business Associate authorizes termination of this BA Agreement by Covered Entity, if Covered Entity determines Business Associate has violated a material term of the BA Agreement, and Business Associate has not cured the Breach or ended the violation, following written notice to the Business Associate, within a reasonable period of time not to exceed any reasonable cure period defined in the Administrative Services Agreement.
c. Upon termination of this BA Agreement for any reason, Business Associate, with respect to PHI Received from Covered Entity, or created, maintained, or received from Business Associate on behalf of Covered Entity, shall:
i. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;
ii. Return to Covered Entity or, if agreed to by Covered Entity, destroy the remaining PHI that the Business Associate still maintains in any form; iii. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent Use or Disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains PHI;
iv. Not Use or Disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at Paragraph 3(f);
v. Return to Covered Entity or, if agreed to Covered Entity, destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities;
vi. Notwithstanding any other provision of this BA Agreement, upon termination, Business Associate may also transmit PHI to another Business Associate of the Covered Entity upon the written request of the Covered Entity.
d. The obligations of Business Associate under Section 5, Term and Termination, shall survive the termination of this BA Agreement.
6. GENERAL PROVISIONS
a. A reference in this BA Agreement to a section in the HIPAA Rules means the section as in effect or amended.
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b. The parties agree to take such action as is necessary to amend this BA Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable laws. c. Any ambiguity in this BA Agreement shall be interpreted to permit compliance with the HIPAA rules.
d. Nothing in this BA Agreement shall be construed as creating any rights or benefits to any third parties.
e. The invalidity and unenforceability of any provision of this BA Agreement shall not affect the enforceability of any other provision of this BA Agreement or the Administrative Services Agreement, which shall remain in full force and effect. f. All notices and communications required by this BA Agreement shall be in writing. Such notices and communications shall be given in one of the following forms: (i) by delivery in person, (ii) by a nationally recognized, nextday courier service, (iii) by first-class, registered or certified mail, postage prepaid, or (iv) by electronic mail to the address that each party specifies in writing.
g. This BA Agreement and the Administrative Services Agreement constitute the entire agreement between the parties with respect to its subject matter and constitute and supersede all prior agreements, representations, and understandings of the parties, written or oral, with regard to the same subject matter.
CITY OF ORINDA RHS
By _____________________________
Signature / Date
_____________________________
Name and Title (Please Print)
THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION doing business as MISSIONSQUARE RETIREMENT By _____________________________
Erica McFarquhar
Assistant Secretary
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Attachment: Administrative Services Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book VantageTrust II Participation Agreement
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Attachment: Vantage Trust II Participation Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book VantageTrust II Multiple Collective Investment Funds Trust Participation Agreement
This Participation Agreement is by and between VantageTrust Company, LLC (“Trust Company”), the trustee of the VantageTrust II Multiple Collective Investment Funds Trust (the “Trust”), and the employer executing this Participation Agreement (“Employer”) on behalf of the retirement plan(s) or retirement trust(s) identified on the signature page and is effective as of the date of the authorized signature at the end of this Agreement (the “Retirement Trust”).
RECITALS
1. The Trust Company maintains the Trust (including each separate investment fund established as a “Fund”) under the Declaration of Trust dated January 1, 2015, and all other attachments thereto, as amended and in effect from time to time (the “Declaration of Trust”), as a medium for the collective investment and reinvestment of assets of certain tax-exempt, governmental pension and profit-sharing plans, and retiree welfare plans within the meaning of section 401(a)(24) of the Internal Revenue Code of 1986, as amended, and related trusts, and other eligible investors that become Participating Trusts under the Declaration of Trust (defined as “Eligible Trust” in the Declaration of Trust).
2. The Retirement Trust desires to become a Participating Trust as defined in the Declaration of Trust.
DEFINITIONS
1. Unless otherwise specified herein, any capitalized word or phrase shall have the meaning as set forth in the Declaration of Trust.
AGREEMENT
In consideration of the foregoing and the promises set forth below, the parties agree to the following:
1. Appointment and Acceptance. The Employer hereby acknowledges that the Trust Company has appointed MissionSquare Retirement, or its wholly owned subsidiary, MissionSquare Investments, investment advisors registered under the Investment Advisers Act of 1940, as an investment advisor, pursuant to the terms of the Declaration of Trust to provide advice and recommendations to the Trust Company in the management of the Funds. The Employer acknowledges that the Trust Company has appointed MissionSquare Retirement to perform various administrative functions of the Funds. The Employer further acknowledges and accepts that the Trust Company is a wholly owned subsidiary of MissionSquare Retirement.
2. Adoption of Trust. The Retirement Trust’s participation in each Fund will at all times be subject to the terms of the Declaration of Trust, which is hereby adopted as a part of the Retirement Trust and this Participation Agreement. The Retirement Trust’s participation in each Fund will also be subject to the terms of the Declaration of Trust.
3. Acceptance of Plan. The Trust Company accepts the Retirement Trust (including each plan forming a part thereof) as a Participating Trust as of the date specified on the execution page of this Participation Agreement.
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Attachment: Vantage Trust II Participation Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book 17
4. Notice of Disqualification. In the event that the Retirement Trust ceases to be an Eligible Trust as defined in the Declaration of Trust, then, in the case of any such event, the Employer shall deliver to the Trust Company a written notice of its ceasing to be an Eligible Trust within fifteen (17) calendar days of receipt of any notice, execution of any amendment, receipt of any letter or determination of such cessation. Upon the Trust Company’s receipt of such information, in writing or otherwise, the Retirement Trust’s Units shall be redeemed in accordance with the provisions of the Declaration of Trust.
5. Term and Termination. This Agreement shall be in effect from the day specified at the end of this Agreement until termination by Employer or Trust Company upon ninety (90) days prior written notice.
6. Termination Restriction. Employer acknowledges and agrees that, consistent with the terms applicable to the MissionSquare PLUS Fund as outlined in the Disclosure Memorandum, MissionSquare Investments retains full discretion to defer Employer-initiated withdrawals from the MissionSquare PLUS Fund for a period of not more than 12 months following notice of termination of this Agreement.
WARRANTIES, REPRESENTATIONS AND COVENANTS OF EMPLOYER AND ELIGIBLE TRUST
1. Employer and Retirement Trust represent and warrant as follows:
A. The Retirement Trust meets the definition of an “Eligible Trust” under the Declaration of Trust. This means the Retirement Trust is any of the following:
i. a retirement, pension, profit-sharing, stock bonus, or other employee benefit trust that is exempt from Federal income taxation under Section 501(a) of the Code by reason of qualifying under Section 401(a) of the Code; or ii. an eligible governmental plan trust or custodial account under Section 457(b) of the Code that is exempt under Section 457(g) of the Code; or iii. Section 401(a)(24) governmental plans; or
iv. any common, collective, or commingled trust fund the assets of which consist solely of assets of eligible investors in a group trust under Revenue Ruling 81- 100; or
v. an insurance company separate account (i) the assets of which consist solely of assets of eligible investors in a group trust under Revenue Ruling 81-100, (ii) with respect to which the insurance company maintaining the separate account has entered into a written arrangement with the Trust Company consistent with the requirements of Revenue Ruling 2011-1, and (iii) the assets of which are insulated from the claims of the insurance company's general creditors; or vi. any other plan, trust, or other entity that is an eligible investor in a group trust under Revenue Ruling 81-100.
B. The Retirement Trust is established, maintained and administered under one or more documents that authorize part or all of the assets of the Retirement Trust to be transferred to, F.4.f
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Attachment: Vantage Trust II Participation Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book 18 and commingled for investment purposes in, a Trust that meets the requirements of Revenue Ruling 81-100, as amended or clarified from time to time; C. The Declaration of Trust (including each Fund thereunder) is adopted as part of the Retirement Trust;
D. Authorization or license from any foreign, federal, state or local regulatory authority or agency required on the part of the Employer or the Retirement Trust has been obtained and any necessary filing with any of the foregoing has been duly made; E. Employer will not transmit, or cause to be transmitted, any order for purchase or redemption of units of the MissionSquare PLUS Fund that are not based on instructions communicated in proper form by Retirement Plan participants; and
F. Employer will not use the MissionSquare PLUS Fund as a temporary holding account, default investment, or investment account for employer level accounts including revenue sharing accounts or any other non-participant account. Notwithstanding the foregoing, the Employer can use the MissionSquare PLUS Fund in a forfeiture account.
2. Employer hereby represents and acknowledges the following:
A. It has the requisite authority to enter into this Participation Agreement on behalf of the Retirement Trust, to authorize investments under the provisions of the documents of the Retirement Trust and to make, on behalf of the Retirement Trust, any and all certifications, covenants, representations or warranties set forth in this Agreement.
B. The Declaration of Trust, any addenda thereto, the Disclosure Memorandum, any applicable Fund Fact Sheets, and any additional materials and information requested by the Employer describing the Trust and its business and operation have been made available to the Employer and have been reviewed by the Employer, and that in making a prudent investment decision with respect to the contribution of assets to Trust in exchange for units and the current or future selection of one or more Funds, the Employer has relied solely upon independent investigations made, directly or indirectly, by it.
C. It has been given the opportunity to review with the Trust Company the terms and conditions of this Participation Agreement and the Declaration of Trust, and to obtain additional information to verify the accuracy of the information contained in the aforesaid materials, and such other information as it desires to evaluate its investment in the Trust.
D. The Units of the Fund(s) have not been registered under the Securities Act of 1933, or the applicable securities laws of any states or other jurisdictions.
E. Neither the Trust nor any Fund is registered under the Investment Company Act of 1940 and investors are not entitled to the protections of that Act.
F. The Units of the Fund(s) are not insured by the Federal Deposit Insurance Corporation or any other type of deposit insurance coverage.
3. Employer agrees promptly to notify the Trust Company in the event that any of the representations set forth above or any information provided pursuant to the provisions hereof ceases to be accurate during the term of this Participation Agreement. Until such notice is given F.4.f
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Attachment: Vantage Trust II Participation Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book 19 to the Trust Company, the Trust Company may rely on the representations contained in, and all other information provided pursuant to or as contemplated by, this Participation Agreement in connection with all matters related to the Funds and the Trust.
4. Upon reasonable request by the Trust Company, Employer agrees to provide the Trust Company with a list of all Employer affiliates that provide financial services to Employer, including any brokerdealer.
5. Employer acknowledges that the Trust may invest in a range of securities, whether directly or indirectly through another pooled investment vehicle. Employer acknowledges and agrees that it is solely responsible for determining that the Retirement Trust’s investment in the Trust will not contravene any provision of existing law or regulations applicable to the Retirement Trust, or of the organizational or governing documents of the Retirement Trust.
FEES AND EXPENSES
1. Fees and expenses incurred with respect to the Trust, including compensation of the Trustee, shall be paid in accordance with the Declaration of Trust.
MISCELLANEOUS
1. Consent to Electronic Delivery. By submitting an email address on the signature page of this Agreement, the Employer hereby authorizes, and agrees to the use of electronic mail or web- based availability to deliver all documents required to be delivered by, or on behalf of, the Fund to the Employer under applicable law or regulation and pursuant to the Declaration of Trust, such delivery or notice of web-based availability to be sent to the email address listed on the signature page of this Agreement, unless Employer otherwise notifies Trust Company in writing. The Employer may elect not to receive such documents by electronic means by submitting a written request to Trust Company.
2. Construction. This Participation Agreement shall be deemed to be executed and delivered in the District of Columbia, and, except to the extent superseded by federal laws, all laws or rules of construction of the District of Columbia shall govern the rights of the parties hereto and the interpretation of provisions of this Participation Agreement.
3. Counterparts. This Participation Agreement may be executed in any number of separate counterparts, each of which shall be deemed an original, but the several counterparts shall together constitute one and the same Participation Agreement of the parties hereto.
4. Amendments. This Participation Agreement shall be automatically amended by any amendment to the Declaration of Trust, and all such amendments shall be automatically incorporated by reference herein, and any provisions of this Participation Agreement inconsistent with the terms of such amendment shall be null and void on and after the effective date of such amendment.
5. Agreement Conflicts. In the event that any terms of this Participation Agreement conflict with or are in addition to the terms of any Administrative Services Agreement (“ASA”) between the parties, the terms of this Participation Agreement and the Declaration of Trust shall prevail. In the event that the terms of this Participation Agreement conflict with the terms of the Declaration of Trust, the terms of the Declaration of Trust shall prevail.
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Attachment: Vantage Trust II Participation Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book 20
6. Prohibited Transactions. If the Trust Company determines that the Retirement Trust’s involvement with certain assets, liabilities or transactions will result, or has resulted, in the Trust engaging in a transaction that is prohibited by the Internal Revenue Code, Employee Retirement Income Security Act of 1974 (“ERISA”), Securities Act of 1933, Investment Company Act of 1940 or other applicable law, the Trust Company, in its sole discretion, may take action to correct such prohibited transaction, or may treat the Retirement Trust as having withdrawn from participation and shall redeem the Retirement Trust’s Units, all in accordance with the Declaration of Trust.
7. Severability. Each clause or term of this Participation Agreement is severable from the entire Participation Agreement, and if any clause or term is declared invalid, the remaining clauses or terms shall remain in effect.
8. Notice. All notices under this Participation Agreement must be sent in writing to the below address:
VantageTrust Company, LLC
c/o MissionSquare Retirement
Attn: Legal Department
777 North Capitol Street,NE
Washington, DC 20002
9. Electronic Signatures. The parties agree that this document may be electronically signed and that any electronic signatures appearing on this document are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. [The remainder of this page intentionally left blank]
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Attachment: Vantage Trust II Participation Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) MissionSquare Retirement Health Savings Program Return Book 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date specified below.
VantageTrust II Multiple Collective Investment Funds Trust By:
VantageTrust Company, LLC, as Trustee,
By: Erica McFarquhar
Assistant Secretary
Plan/Retirement Trust:
Plan/Retirement Trust Name
Plan/Retirement Trust Name
PlanNumber
Plan Number
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Attachment: Vantage Trust II Participation Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) By:
Name of Employer or Fiduciary Customer Number
By:
Authorized Officer Signature Date
Printed Name and Title
Address Line1
Address Line 2
Telephone Number
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Attachment: Vantage Trust II Participation Agreement (3714 : Adopt Retirement Health Savings (RHS) Plan) City Council
Staff Report
Agenda Item: F.5
Date: October 7, 2025
Department:
Public Works and
Engineering Services
AGENDA TITLE: Accept Work and Contract with Hardiman Construction Inc. for Group 2 Storm Drain Lining Project (CIP Project #s 3101 & 3102) RECOMMENDATION:
Adopt Resolution No. 55-25 to Accept Work and Contract with Hardiman Construction Inc. as Complete for the Group 2 Stormdrain Lining Project BACKGROUND:
The adopted Capital Improvement Plan (CIP) includes the subject Project #s 3101 & 3102, which are part of the ongoing effort to address the high priority “Category A” public storm drainpipes identified in the 2019 Storm Drain Repair Plan. These two CIP projects were combined for economies of scale as the “Group 2 Storm Drain Lining Project.” The work involves internally lining deteriorated corrugated metal pipes, which avoids open trench replacement. The project locations are as follows:
• CIP Project #3101 (Orchard Storm Drain Repairs), which repaired two pipes:
o PL-409, 96” pipe crossing Moraga Way (at Orchard Rd.) o PL-513, 60” pipe crossing Orchard Rd. (just west of Great Oaks Cr.) • CIP Project #3102 (Ivy Dr. Storm Drain Repairs) which repaired three pipes:
o PL-958 & PL-959, twin 42”x72” arch pipes crossing Ivy Dr. (just south of Ramona Dr.)
o PL-864, 96” pipe crossing El Camino Moraga (just north of Dos Encinas) With respect to CEQA guidelines, the Project was determined to be Categorically Exempt under section 15301, class 1, and a Notice of Exemption was filed with the County Clerk on 12-20-2022.
In March 2024, the City Council awarded the subject construction contract to Hardiman Construction Inc. of Larkspur, in the amount of $582,150 and authorized a 15% contingency, for expenditures up to $670,000.
DISCUSSION:
A Notice to Proceed was issued to the Contractor on June 25, 2024, and the work was substantially completed on September 11, 2025, in accordance with the plans and specifications. There were some pipe rehabilitation material delays that prohibited the project from finishing before the regulatory permit that required work in the culvert to be limited to June 1 to September 30. The project was suspended and then restarted this summer to complete the remaining work. The final construction cost was $582,150 and F.5
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there were no change orders.
Acceptance by the City Council by Resolution (Attachment B) is necessary in accordance with the contract terms and will allow the City Clerk to sign and file the Notice of Completion (Attachment B) with the Contra Costa County Clerk-Recorder’s Office. The City can then release $29,107.50 in withheld retention funds to the contractor (Hardiman Construction Inc.) 35 days after recordation of the Notice of Completion, provided that no stop notices are outstanding.
NEXT STEPS:
Upon City Council approval, the City Engineer will sign the Notice of Completion, and the City Clerk will record it.
FISCAL IMPACT:
The funding for the CIP project Nos. 3101 & 3102 is adequate to cover the final contract value. Any remaining unused funds will be returned to the funding source and will be available for future projects. Funding sources for these projects are from Fund No. 210 (Drainage and Impact Fees) and Fund No. 700 (Capital Improvement).
ATTACHMENTS:
A. Resolution 55-25 Accept Work and Contract with Group 2 as Complete for the Storm Drain Lining Project
B. Notice of Completion
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Ryan Okane, Senior Engineer
Approved by:
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RESOLUTION NO. 55-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
ACCEPT WORK AND CONTRACT WITH HARDIMAN CONSTRUCTION INC., AS COMPLETE FOR THE GROUP 2 STORMDRAIN LINING PROJECT, CITY PROJECT NO. 3101 & 3102
WHEREAS, Hardiman Construction Inc., has completed the work in accordance with the construction contract documents for the Group 2 Stormdrain Lining Project, City Project No. 3101 & 3102; and
WHEREAS, the Director of Public Works has recommended that the work be accepted as complete.
NOW THEREFORE BE IT RESOLVED that the work accomplished by Hardiman Construction Inc., under the terms and conditions of the above-referenced construction contract documents is hereby accepted on October 7, 2025.
Adopted by the City Council of the City of Orinda at a regular meeting on October 7, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Latika Malkani, Mayor
ATTEST:
Sheri Smith, City Clerk
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Attachment: Resolution 55-25 Accept Work and Contract with Group 2 as Complete for the Storm Drain Lining Project (3715 : Acceptance of the Note: This notice of completion must be recorded within 15 days or less from the date of completion (Civil Code Section 9204).
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
City Clerk/Public Works Dept.
City of Orinda
22 Orinda Way
Orinda, CA 94563
NO FEE DOCUMENT
(Government Code section 27383)
TITLE:
Notice of Completion for
Group 2 Stormdrain Lining Project (CIP Project Nos. 3101 & 3102) (Contractor: Hardiman Construction Inc.)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:
Group 2 Stormdrain Lining Project (CIP Project Nos. 3101 & 3102) Project location: Four Locations in the vicinity of 136 Moraga Way, 124 Orchard Road, Dos Encinas and El Camino Moraga, and 237 Ivy Drive in the City of Orinda, Contra Costa County, California:
Property Owner: Interest in Right of Way City is owned by the City of Orinda (a municipal corporation, 22 Orinda Way, Orinda CA 94563).
The contract which has heretofore been let to: Hardiman Construction Inc., and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was actually completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 10/7/2025.
Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file in the City Clerks’ office of the City of Orinda.
CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Scott Christie, Public Works Director
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 10/7/2025. ______________________________
Sheri M. Smith
City Clerk
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Attachment: Notice of Completion (3715 : Acceptance of the Group 2 Stormdrain Lining Project) City Council
Staff Report
Agenda Item: F.6
Date: October 7, 2025
Department: Administration
AGENDA TITLE: Proclamation Declaring October 19-25, 2025 as United Against Hate Week in the City of Orinda
RECOMMENDATION:
Approve the issuance of a Proclamation Declaring October 19-25, 2025 as United Against Hate Week in the City of Orinda
BACKGROUND:
The Orinda City Council Policy and Procedures Manual has recently been updated with the following language regarding the issuance of Proclamations:
8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term.
The election or removal of Mayor requires three affirmative votes.
The Mayor shall be recognized as the official head of the City for all ceremonial purposes. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.
The Mayor may issue proclamations, certificates of recognition, and similar documents on behalf of herself/himself, as the Mayor. After such documents are issued, the Mayor may place them on the Council agenda under “Items for the Good of the City” to update the Council, recognize the recipient(s), and provide an opportunity for comment.
Proclamations, certificates of recognition, and similar documents will not be issued on behalf of the City Council unless they are first approved by the Council at a public meeting.
DISCUSSION:
The attached Proclamation is on this agenda for consideration by the City Council.
ATTACHMENTS:
A. United Against Hate Week Proclamation 2025
Respectfully Submitted by:
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Linda Smith
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
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PROCLAMATION
DECLARING OCTOBER 19-25, 2025, AS
UNITED AGAINST HATE WEEK
WHEREAS, the United States is a diverse nation, strengthened by values of pluralism and multiculturalism, especially in Contra Costa County; and WHEREAS, the Orinda City Council is particularly proud of the vibrant tapestry of cultures, identities, and perspectives that are woven together in our communities; and
WHEREAS, the Orinda City Council stands against acts of hate, intimidation, and bigotry; and
WHEREAS, the Orinda City Council affirms the rights and value of all residents regardless of race, ethnicity, disability, gender identity, sexual orientation, religion, socioeconomic status, immigration status or country of birth; and WHEREAS, the Orinda City Council rejects efforts to divide, exclude, or marginalize individuals, families, or communities; and
WHEREAS, we recognize that our strength as a City and as a nation is rooted in collaboration and cooperation across differences; and
WHEREAS, this Council wishes to join other cities, counties, and municipalities in the Bay Area and the rest of the nation in recognizing United Against Hate Week and underscoring our City’s commitment to safety, inclusion and belonging for all residents.
NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Orinda, hereby designates October 19th-25th, 2025 as United Against Hate Week in the City of Orinda and authorizes City staff to create and post “Orinda United Against Hate” signs as City speech.
Latika Malkani
Mayor, City of Orinda
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Attachment: United Against Hate Week Proclamation 2025 (3716 : Proclamation - United Against Hate) City Council
Staff Report
Agenda Item: F.7
Date: October 7, 2025
Department:
Public Works and
Engineering Services
AGENDA TITLE: Accept Work and Contract with City Mechanical, Inc. for the Library HVAC Modernization Project (CIP #4174)
RECOMMENDATION:
Adopt Resolution No. 53-25 to accept contract with City Mechanical, Inc. for the Library HVAC Modernization Project.
BACKGROUND:
At their April 7, 2025 meeting, the City Council awarded the subject construction contract to City Mechanical, Inc. to upgrade and rehabilitate the Library’s HVAC control system for an amount of $341,799 plus a contingency $148,581. The contingency was authorized to accommodate optional replacements at bid unit prices, which are potential HVAC component replacements that may be found during the work to be necessary, or for extra work to address unforeseen changes in conditions. Use of this contingency requires authorization by change order with approval by the City Manager.
DISCUSSION:
During the work, it was found that certain optional replacements were required, in addition to other related HVAC work beyond the base scope of work. Two change orders were approved for $77,464 which was within the allowed contingency. In total, the final contract cost was $419,263. The work was substantially completed in the field on August 20, 2025. To issue the payment of the final retention to the contractor and close out the contract, it is presented for acceptance by the City Council.
NEXT STEPS:
Upon City Council approval, the City Engineer or Public Works Director will sign the Notice of Completion, and the City Clerk will record it with Contra Costa County ClerkRecorder’s office. Retention (5% of the contract value) will be released in accordance with the contract documents and the Public Contract Code.
FISCAL IMPACT:
The approved CIP for Project #4174 has sufficient balance to cover this contract expenditure. Funding is provided by Fund #700 (Capital Improvement), Fund #520 (Library Parcel Tax) and Fund #603 (Building Maintenance). Unused funds will be set aside for future projects.
ATTACHMENTS:
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A. Resolution 53-25 Accepting the Work and Contract with City Mechanical, Inc. as Complete
B. Notice of Completion
Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Ross Volker,
Approved by:
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RESOLUTION NO. 53-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
ACCEPT WORK AND CONTRACT WITH CITY MECHANICAL, INC. AS COMPLETE FOR LIBRARY HVAC MODERNIZATION PROJECT #4174
WHEREAS, City Mechanical, Inc. has completed the work in accordance with the construction contract documents for the Library HVAC Modernization Project (CIP #4174); and
WHEREAS, the Director of Public Works has recommended that the work be accepted as complete.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda hereby accept the work and contract with City Mechanical, Inc. as complete, under the terms of the above-referenced construction contract documents.
Approved its regular meeting on October 7, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_________________________________
Latika Malkani, Mayor
ATTEST:
_________________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 53-25 Accepting the Work and Contract with City Mechanical, Inc. as Complete (3707 : Accept Library HVAC contract)
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
City Clerk/Public Works Dept.
City of Orinda
22 Orinda Way
Orinda, CA 94563
NO FEE DOCUMENT
(Government Code section 27383)
TITLE:
Notice of Completion for
Library HVAC Modernization Project #4174
(Contractor: City Mechanical, Inc.)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:
Library HVAC Modernization Project (CIP #4174)
Project location: Orinda Library, 26 Orinda Way, City of Orinda, Contra Costa County, California Property Owner: Interest in Property is owned by Friends of Orinda Library (a non-profit organization, 26 Orinda Way, Orinda CA 94563)
The contract which has heretofore been let to City Mechanical., and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was actually completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 10/7/2025
Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.
CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Scott Christie, Public Works Director
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 10/7/2025. ______________________________
Sheri Smith, City Clerk
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Attachment: Notice of Completion (3707 : Accept Library HVAC contract) City Council
Staff Report
Agenda Item: F.8
Date: October 7, 2025
Department: City Council
AGENDA TITLE: Award of Bid for City’s Residential Chipper Program RECOMMENDATION:
Award the Contract to Wildland Corporation for operation of the City’s Chipper Program and Approve Budget Change Form #005-26.
BACKGROUND:
Since 2021, the City has been offering chipper services to residents as a key part of its wildfire vegetation management strategy, offering curbside vegetation removal for Orinda residents. The funding for this effort comes from Measure R sales taxes.
Currently, the City contracts with Wildland Corporation to provide these services.
Under the existing model, the City supplies the chipper and truck, and Wildland provides a two-person crew to load vegetation and operate the equipment. To provide the service under this model, Wildland charges $800 per day for labor and $70 per day for supplemental equipment. The City also covers fuel costs. When demand is high or City equipment is unavailable due to maintenance, additional crews and equipment may be added at $1,500 per day. There has been no adjustment to the cost of the service since it was initially implemented in 2021.
DISCUSSION:
In June of 2024, the City Council approved the use of Wildland Corporation for a oneyear contract, with the understanding that the City would be going out to the market in 2025 to get new pricing for the services.
In July 2025, the City issued a Request for Proposals (RFP) for continued operation of the Chipper Program. The initial RFP asked contractors to provide only a two-person crew to operate City-owned equipment. Four proposals were received, with Wildland submitting the lowest bid at $1,200 per day.
After reviewing the proposals and considering program needs, equipment maintenance, and contractor feedback, the City issued a revised RFP requiring contractors to provide both crew and all necessary equipment, including fuel. This shift removes City costs for maintenance, repairs, fuel, and future equipment replacement, while reducing program downtime. This new structure also provides a more reliable and flexible program, with capacity to add a second crew and chipper during peak demand.
Six firms responded to the revised RFP, with one disqualified for relying on City-owned equipment. Of the five qualified bidders, Wildland Corporation, the current provider, F.8
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submitted the lowest responsible bid at $1,600 per day for a two-person crew, truck, and chipper.
Summary of Bids:
Contractor Bid for
Crew + Equipment Notes
Wildland Corporation $1,600 Lowest qualified bid; current provider Expert Tree Service $2,000
Davey’s $2,080
East Bay Tree Service $2,550
Land Revision $5,560
West Coast Tree Service $1,200 Disqualified (non-compliant) As expected, this daily rate is higher than the prior labor-only arrangement, as it transfers equipment costs and risks to the contractor. Specifically, the City will avoid annual repair expenses, equipment rental costs, fuel costs, and future equipment replacement costs.
In past years, the City has budgeted $188,000 annually for these expenditures. As the popularity of the program has grown and service levels have surpassed expectations, actual expenditures for Fiscal Year 2024-25 totaled roughly $237,000. With the change in the operational structure and pricing quoted, the City Council would need to approve a budget change to continue with the service levels as currently implemented.
In addition to awarding the contract to Wildland, Staff also recommends that the City Council approve Budget Change Form #005-26 in the amount of $112,000, for a total annual cost for services of $300,000. The contract includes the option for up to two one-year renewals.
FISCAL IMPACT:
Staff anticipates that the costs for these services, using the current service level as the baseline, are $300,000. The City has budgeted $188,000 for these services in Fiscal Year 2025-26, so a budget change of $112,000 is necessary. Funding would come from Measure R (Fund 106). In addition, the City would declare the specialized truck currently operated by the program as surplus and sell it because it lacks the versatility necessary to remain a part of the City’s fleet. The Chipper would be retained in lieu of replacing the smaller, aging chipper which is currently utilized by Public Works staff.
ATTACHMENTS:
A. Budget Change Form #005-26
B. Agreement with Wildland
Respectfully Submitted by:
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Micki Cronin
Senior Management Analyst
Prepared By: Micki Cronin, Senior Management Analyst
Approved by:
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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 # 005-26
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:
106-35-36-7186
ADD-ON SALES TAX MEASURE R/ PUBLIC WORKS / MAINTENANCE /
HAZARD REDUCTION-FIRE BREAK
$112,000
As Presented at the City Council Meeting on October 7, 2025 #################(Finance Use Only)###################
Posted By: Date:
REASON FOR BUDGET CHANGE ENTRY: Award Chipper Services Contract which now excludes use of City owned equipment, relying instead upon the contractor to provide.
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Attachment: Budget Change Form #005-26 (3723 : Wildland Award of Bid) 1 CITY OF ORINDA
SERVICES CONTRACT
Wildland Corporation] (“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 providing the service of residential wood chipping through the Measure R Chipper Program. b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.
2. Duties of Provider.
a. Provider agrees to perform services described in Exhibit A, which is attached to this agreement and incorporated by this reference. Provider agrees to perform these services diligently in accordance with the standards of its profession and to City’s satisfaction.
Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in this agreement.
b. The parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services. c. Provider shall assign only competent personnel to perform services pursuant to this agreement. Provider shall notify City in writing of any changes in Provider’s staff assigned. City may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the City makes such a determination, Provider shall replace such person immediately.
3. Time of Performance.
a. This agreement shall not be effective and no payments shall be made to Provider until:
(i) City has received satisfactory evidence that Provider has met all of the insurance requirements, and
(ii) All required signatures have been obtained.
b. The effective date of this agreement shall be the date on which the last signature is affixed or on receipt of satisfactory evidence of insurance, whichever is later.
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. If a Schedule of Performance is provided in Exhibit A, Provider must deliver the services according to that schedule. d. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.
4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, based on actual costs, an annual not to exceed of $300,000 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.
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 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 F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 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 $2,000,000 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.
F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 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.
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 F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 6 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.
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 F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 7 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.
F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 8 16. Notices.
Any notice to be given under this agreement shall be in writing and addressed to the parties as follows:
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Wildland Corporation
1242 Upper Happy
Valley Rd.
Lafayette, CA 94549
17. Litigation.
If either party brings an action to enforce this agreement, the prevailing party is entitled to reasonable attorneys’ fees and costs (including, but not limited to, expert witness fees and discovery costs).
18. Waivers.
Waiver of a breach or default under this agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this agreement.
19. Modification.
No waiver, modification or termination of this agreement is valid unless made in writing.
20. Severability.
If any provision of this agreement is held invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in effect to the greatest extent permitted by law.
21. Termination.
a. Termination Without Cause:
(i) At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
(ii) If the City terminates this agreement, the time spent in closing out the services will be compensated up to a maximum of ten percent (10%) of the total funds expended to date in the performance of the services, provided the City so approves in writing. b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 9 and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. After termination for cause, City shall pay Provider for services satisfactorily rendered to date, and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.
22. Entire Agreement.
This agreement, together with its attachments, sets forth the entire understanding between the Parties and supersedes any oral or written understanding they may have had prior to the execution of this agreement. No other contract, statement, or promise relating to the subject matter of this agreement shall be valid or binding. If there is any inconsistency between any term, clause, or provision of the main agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main agreement shall prevail and be controlling.
23. Governing Law and Venue.
The formation, interpretation, and performance of this agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation, and performance of this agreement shall be in Contra Costa County.
24. Authority to Enter Agreement.
Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the agreement. Each Party warrants that the individuals who have signed this agreement have the legal power, right, and authority to make this agreement and bind each respective Party.
25. Successors and Assigns.
This agreement shall be binding on the successors and assigns of the Parties.
26. Headings and Construction.
Headings appearing herein are descriptive only and for convenience in reference to this agreement. References to Provider include its agents, servants, and employees.
References to City include its officers, employees, agents, and volunteers.
F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 10 IN WITNESS WHEREOF, the parties hereto have executed this agreement.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Wildland Corporation
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:
Exhibit A – Scope of Work
Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 11 Exhibit A – Scope of Work
City of Orinda Measure R Chipper Program
Program Overview
The City of Orinda (“City”) administers the Measure R Chipper Program to provide curbside vegetation chipping services that help residents reduce wildfire fuels and maintain defensible space. The Contractor (“Contractor” or “Wildland”) shall provide all labor, equipment, supervision, and materials necessary to perform the services described below.
Scope of Services
• Vegetation Chipping
o Provide curbside chipping for vegetation placed within 10 feet of the roadway throughout Orinda.
o Acceptable material includes branches, limbs, and brush up to eight (8) inches in diameter.
o Unacceptable material includes, but is not limited to: lumber, metal, garbage, root balls, stumps, vines, poison oak, and any other non-vegetative waste. • Crews and Equipment
o Provide at least one trained two-person crew to safely operate equipment and perform chipping activities.
o At the City’s request, furnish an additional two-person crew and equipment during periods of high demand.
• Scheduling and Reporting
o Coordinate with the City to use Firewise Software for daily, weekly, and seasonal scheduling.
o Complete all assigned services in a timely and efficient manner. o Ensure staff conduct themselves in a professional and courteous manner when interacting with residents.
o Submit daily documentation, including photos, estimated cubic yards chipped, and iPad data synchronization.
o Complete at least 95% of scheduled service requests within the agreed-upon timeframe.
• Compliance and Safety
F.8.b
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Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 12 o Comply with all applicable federal, state, and local laws, including Cal/OSHA standards.
o Implement and maintain proper traffic control as required. • Compensation Rates
o Chipper, Chipper Truck, Two-Person Crew: $1,600/day
o Second Chipper, Chipper Truck, Two-Person Crew: $1,600/day o Chipper, Chipper Truck, Two-Person Crew (Half-Day): $1,200/half-day o Chipper, Chipper Truck, Two-Person Crew (After Hours & Holidays): $300/hour Annual Cost Limitation
• Rates shall remain firm for the initial contract year. • For renewal years, rates may be adjusted by the annual Consumer Price Index (CPI) for the San Francisco–Oakland–Hayward Metropolitan Area, capped at 3% annually and subject to City approval.
F.8.b
Packet Pg. 100 Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) 13 Exhibit B
License, Insurance, and Endorsement
F.8.b
Packet Pg. 101 Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
9/16/2025
License # 0C32169
(619) 937-0164
22322
Wildland Corporation
1242 Upper Happy Valley Rd
Lafayette, CA 94549
27847
A 1,000,000
X NGL-1009516-01 9/12/2025 9/12/2026 100,000
5,000
1,000,000
2,000,000
2,000,000
A 1,000,000
X NBA-1009515-01 9/12/2025 9/12/2026
A 1,000,000
NEC-7000006-01 9/12/2025 9/12/2026
1,000,000
B
WSD 5083705 00 4/14/2025 4/14/2026 1,000,000
1,000,000
1,000,000
RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR.
CITY OF ORINDA IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY AND AUTO LIABILITY PER THE ATTACHED FORMS.
CITY OF ORINDA
22 ORINDA WAY
ORINDA, CA 94563
WILDCOR-01 CERTT5
Rancho Mesa Insurance Services, Inc.
2355 Northside Drive Suite 200
San Diego, CA 92108
Greenwich Insurance Company
Insurance Company of the West
Aggregate
X
X
X
X
X
X X
X
X
F.8.b
Packet Pg. 102 Attachment: Agreement with Wildland (3723 : Wildland Award of Bid) City Council
Staff Report
Agenda Item: F.9
Date: October 7, 2025
Department: City Council
AGENDA TITLE: Public Hearing for Approval of the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority for the Senior Housing Project Located at 15 Irwin Way
RECOMMENDATION:
Adopt Resolution 58-25 Approving the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority in an Aggregate Principal Amount Not to Exceed $15,000,000 for the Purpose of Financing or Refinancing the Acquisition and Construction of Vista Verde Senior Housing and Certain Other Matters Relating Thereto.
BACKGROUND:
UrbanCore Development, an affordable housing developer, has requested that the California Public Finance Authority (CalPFA) serve as the issuer of tax-exempt revenue bonds in an aggregate principal amount not to exceed $15,000,000. The proceeds of the bonds will be used by Orinda Senior Housing Foundation, a California nonprofit public benefit corporation (the “Borrower”) for the acquisition, construction, improvement, and equipping of a 53-unit affordable multifamily rental housing facility to be owned and operated by the Borrower and located at 15 Irwin Way, in the City of Orinda, generally known as Vista Verde Senior Housing.
DISCUSSION:
The City Council has been requested to conduct a public hearing pursuant to the federal Tax Equity and Fiscal Responsibility Act (TEFRA). TEFRA requires that a public hearing be held by the governing body of the jurisdiction in which a project to be financed with tax-exempt financing is located, and that the governing body approve the proposed financing.
UrbanCore Development is an affordable housing developer that proposes to obtain tax exempt financing in an amount not to exceed $15,000,000 to finance the acquisition, construction, improvement and equipping of a 53-unit affordable multifamily rental housing facility located at 15 Irwin Way, in the City of Orinda, California.
CalPFA is a joint powers authority formed to assist local governments, non-profit organizations, and businesses with the issuance of both taxable and tax-exempt debt and would be the issuing agency for the proposed bonds under this approval.
CalPFA is a political subdivision of the state of California established under the Joint Exercise of Powers Act for the purpose of issuing tax-exempt and taxable conduit bonds for public and private entities throughout California. CalPFA was created on May 12, F.9
Packet Pg. 103
2015 to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt financing to promote economic, cultural, and community development opportunities that create temporary and permanent jobs, affordable housing, community infrastructure and improve the overall quality of life in local communities. CalPFA is authorized to issue bonds to promote economic development and public benefit. It has issued over $1.4 billion of bonds for more than 40 jurisdictions within the State of California. To initiate such financing, the City must conduct a public hearing and approve CalPFA's issuance of indebtedness.
The Bonds to be issued by CalPFA for the Vista Verde Senior Housing Project will be the sole responsibility of the Borrower (UrbanCore), and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City but are to be paid for solely from funds provided by the Borrower.
For all or a portion of the bonds for this project to qualify as tax-exempt financing, the City of Orinda must conduct a public hearing (the “TEFRA Hearing”) providing community members an opportunity to speak in favor of or against the use of taxexempt bonds for the financing of this project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. A Notice of Public Hearing was published on September 26, 2025 (Attachment B).
NEXT STEPS:
Following the close of the TEFRA Hearing, a resolution of the governmental unit hosting the project must provide for approval of the issuance of the bonds for the financing of the Vista Verde Senior Housing project.
Outside of holding the TEFRA hearing and adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required.
FISCAL IMPACT:
As noted above, the bonds will be issued by CalPFA for the Vista Verde Senior Housing Project will be the sole responsibility of the Borrower (UrbanCore), and the City will have no financial, legal, moral obligation, liability or other responsibility for the project or the repayment of the bonds for the financing of the project.
ATTACHMENTS:
A. Notice of Public Hearing Published September 26, 2025 B. Resolution 58-25
Respectfully Submitted by:
Douglas Alessio
Assistant City Manager
F.9
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Prepared By: Douglas Alessio, Assistant City Manager
Approved by:
F.9
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I certify
(or declare) under the penalty of perjury that the foregoing is true and correct.
Executed at Walnut Creek, California.
On this 26th day of September, 2025.
Contra Costa Times Legal No. (925) 943-8019
PROOF OF PUBLICATION
FILE NO. TEFRA CalPFA Vista Verde Senior
Contra Costa Times
I am a citizen of the United States. I am over the age of eighteen years and I am not a party to or interested in the above entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Contra Costa Times, a newspaper published in the English language in the City of Walnut Creek, County of Contra Costa, State of California.
I declare that the Contra Costa Times is a newspaper of general circulation as defined by the laws of the State of California as determined by court decree dated October 22, 1934, Case Number 19764. Said decree states that the Contra Costa Times is adjudged to be a newspaper of general circulation for the City of Walnut Creek, County of Contra Costa and State of California. Said order has not been revoked.
I declare that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
09/26/2025
Signature
2060573
ORRICK, HERRINGTON & SUTCLIFFE LLP
ATTN: LAUREN SOMMERHAUSER
405 HOWARD ST.
SAN FRANCISCO, CA 94105-2669
0006921053
r.BP316-07/17/171
F.9.a
Packet Pg. 106 Attachment: Notice of Public Hearing Published September 26, 2025 (3724 : TEFRA Hearing Senior Housing) RESOLUTION NO. 58-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING THE ISSUANCE OF THE CALIFORNIA PUBLIC FINANCE AUTHORITY QUALIFIED 501(C)(3) BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING
OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND
EQUIPPING OF VISTA VERDE SENIOR HOUSING AND CERTAIN OTHER
MATTERS RELATING THERETO
WHEREAS, Orinda Senior Housing Foundation, a California nonprofit public benefit corporation (the “Borrower”) has requested that the California Public Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of qualified 501(c)(3) bonds as defined in Section 145 of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such qualified 501(c)(3) bonds in one or more series from time to time, and at no time to exceed $15,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a senior multifamily rental housing project located at 15 Irwin Way, Orinda, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Orinda (the “City”) because the Project is located within the jurisdiction of the City; and WHEREAS, the City Council of Orinda (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Public Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the public hearing was held on October 7, 2025, and an opportunity was provided for interested persons to express their views on the issuance of the Bonds and on the nature and location of the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orinda as follows:
F.9.b
Packet Pg. 107 Attachment: Resolution 58-25 (3724 : TEFRA Hearing Senior Housing) Section 1. The foregoing resolutions are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party.
The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 6. This resolution shall take effect immediately upon its adoption.
Adopted by the City Council of the City of Orinda at a regular meeting on October 7, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Latika Malkani, Mayor
ATTEST:
Sheri Smith, City Clerk
F.9.b
Packet Pg. 108 Attachment: Resolution 58-25 (3724 : TEFRA Hearing Senior Housing) City Council
Staff Report
Agenda Item: F.10
Date: October 7, 2025
Department: Human Resources
AGENDA TITLE: Classification Updates and Staff Allocation Changes RECOMMENDATION:
Adopt Resolution 57-25 Approving Revisions to the Maintenance Worker and Facility Maintenance Worker Classifications and Approve Changes to the Position Allocation Plan
BACKGROUND:
On July 15, 2025, the City Council approved its Two-Year Strategic Plan. The purpose of this strategic plan is to guide the work and priorities for the City.
Following the adoption of that Plan, the City Manager has been working internally to align the organization to meet these priorities. Additionally, the City Manager has been working with the management team to align other needs, particularly as it relates to the Maintenance Division, which was formed in January 2025. This Division merged functions in Parks & Recreation with the Public Works Department. Since the transition, the City has been making great strides in many areas of deferred maintenance of City facilities.
DISCUSSION:
As part of the City Manager’s organizational review, personnel allocation adjustments are recommended to improve efficiency and operational flexibility. Human Resources collaborated with department leadership to review current operations and confirm that the proposed changes align with organizational needs and industry standards.
Updates and Expansion to Job Classifications
Currently, the City has two separate maintenance worker classification series:
Maintenance Worker I/II/III and Facility Maintenance Worker. With the consolidation of these functions into a unified Public Works Maintenance Division, Staff recommends the following updates:
• Maintenance Worker I/II/III - Created in November 2002, this job description requires revisions to reflect current standards and practices. • Facility Maintenance Worker I/II/III - Created in November 2002 and last updated in August 2013, this classification has not previously been structured into levels, as is the case for the Maintenance Worker. The revised series establishes Facility F.10
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Maintenance Worker I, II, and III, creating a clear promotional pathway like the Maintenance Worker series. This change formalizes the distinctions that already exist in practice between levels and ensures consistency across both classifications.
While the Maintenance Worker and Facility Maintenance Worker classifications remain distinct, the City will implement cross-training to enhance flexibility and emergency response capacity. With a small workforce that shares standby and call-out responsibilities, expanding the pool of employees trained across functions will provide greater coverage, particularly during the rainy winter season.
This approach also benefits employees by expanding skill development opportunities, offering increased eligibility for standby and call-out pay, and promoting a more cohesive and versatile team environment.
The addition of a Facility Maintenance Worker III classification requires a salary schedule addition. The salary is equal to the salary for Maintenance Worker III.
Teamsters Local Union No. 856 has been notified of proposed changes.
Changes to Limited Term Positions and Position Allocation Currently, the City has two limited-term positions – the Outreach and Education Coordinator and the Assistant Engineer. The term for the Outreach and Education Coordinator concludes on November 28, 2025. The term for the Assistant Engineer concludes in September 2026.
In lieu of the Outreach and Education Coordinator position, the City Manager will be recruiting for an Assistant to the City Manager (ATTCM), a classification that was approved earlier this year. The City Manager believes that the ATTCM role will assist in achieving many of the strategic priorities outlined by the City Council and will take on day-to-day management of the City’s emergency preparedness responsibilities (including education and outreach), legislative support, along with economic development and communications. These are typical responsibilities for this classification in local agencies.
The limited-term Assistant Engineer position is currently vacant. Recruiting for a limitedterm position with less than a year left will prove challenging. Additionally, the City Manager has met with the Public Works Director and City Engineer and has determined that in lieu of entry level engineer, that the Department would prefer a management analyst to handle a variety of professional/administrative tasks, including contracting, budgeting, and capital projects monitoring.
To effectuate these changes, the City Manager is recommending the following:
• Assistant to the City Manager – Move position allocation from Outreach and Education Coordinator with no limited term; and
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• Management Analyst (Public Works) – Fill position as three-year limited term and move position allocation from Assistant Engineer.
In addition to these two changes noted above, the City Manager wishes to move position allocation from the Facilities and Parks Supervisor position in Public Works to a Recreation Coordinator position in Parks and Recreation. As part of the restructuring of the Maintenance Division, the City Manager determined that two supervisors were no longer necessary and that allocation for the position would be better served to help increase revenues in the Parks & Recreation Department. Currently, the City Manager is proposing this as a Recreation Coordinator position. If it is determined that another position would be better to meet the need to grow departmental revenue, the attached resolution authorizes the City Manager the ability to shift to another position so long as the changes are budget neutral.
To effectuate this change, the City Manager is recommending the following:
• Recreation Coordinator – Move position allocation from Facilities and Parks Supervisor.
Table of Changes to the City’s Position Allocation Plan Allocated Positions Add Remove
Assistant to the City Manager 1
Outreach and Education Coordinator (Limited Term) 1
Facilities and Parks Supervisor 1
Recreation Coordinator 1
Assistant Engineer (Limited-Term) 1
Management Analyst (3-Year Limited Term) 1
NEXT STEPS:
If the City Council adopts the Resolution, Staff will begin working on the recruitments for the positions added to the Position Allocation Plan.
FISCAL IMPACT:
The addition of the Level III classifications is not expected to result in significant fiscal impact. Salary ranges will be consistent with the City’s current classification and compensation practices, as well as reviewed for internal equity. Any costs associated with placement of current employees into the new classifications will be incorporated into the existing departmental budget.
The allocation changes as proposed by the City Manager are budget neutral in the current budget. It is expected that in the current year, there will be budget savings from positions that have been unfilled for a period of time.
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ATTACHMENTS:
A. Maintenance Worker I-II-III (Redlined)
B. Facility Maintenance Worker I-II-III (Redlined)
C. General Employee Salary Schedule with Proposed Addition D. Resolution 57-25 Approving Revisions to the Maintenance Worker and Facility Maintenance Worker Classifications and Approve Changes to the Position Allocation Plan
E. Revised Position Allocation Plan Fiscal Years 2025-26 and 2026-27 Respectfully Submitted by:
Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:
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F.10.a
Packet Pg. 113 Attachment: Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.a
Packet Pg. 114 Attachment: Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.a
Packet Pg. 115 Attachment: Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.a
Packet Pg. 116 Attachment: Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.a
Packet Pg. 117 Attachment: Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.a
Packet Pg. 118 Attachment: Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.b
Packet Pg. 119 Attachment: Facility Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.b
Packet Pg. 120 Attachment: Facility Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.b
Packet Pg. 121 Attachment: Facility Maintenance Worker I-II-III (Redlined) (3718 : Classification Updates and Staff Allocation Changes) F.10.c
Packet Pg. 122
Attachment: General Employee Salary Schedule with Proposed Addition (3718 : Classification Updates RESOLUTION NO. 57-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
APPROVING REVISIONS TO THE MAINTENANCE WORKER AND FACILITY
MAINTENANCE WORKER CLASSIFICATIONS AND APPROVE CHANGES TO THE
POSITION ALLOCATION PLAN
WHEREAS, the City of Orinda job description for Maintenance Worker I/II/III has not been updated since November 2002; and
WHEREAS, the City of Orinda job description for Facility Maintenance Worker has not been updated since August 2013; and
WHEREAS, the City Manager has determined that it is appropriate to update these classifications to reflect the current duties, responsibilities, and needs of the City; and WHEREAS, revisions have been made to modernize the job descriptions and establish the different levels of Facility Maintenance Worker and add the III level; and WHEREAS, additional changes are needed to the City’s Position Allocation Plan. These position allocation adjustments are recommended to support the City Council’s strategic goals and ensure efficient delivery of services to the community. The positions are as follows:
Positions Add Remove
Assistant to the City Manager 1
Outreach and Education Coordinator (Limited Term) 1
Facilities and Parks Supervisor 1
Recreation Coordinator 1
Assistant Engineer (Limited Term) 1
Management Analyst (3 Year Limited Term) 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the revised classifications for Maintenance Worker I/II/III and Facility Maintenance Worker I/II/III.
BE IT FURTHER RESOLVED that the City Council approves the changes to the City’s Position Allocation Plan and authorizes the City Manager to make other modifications, as necessary, within the Position Allocation Plan so long as the changes remain budget neutral.
F.10.d
Packet Pg. 123 Attachment: Resolution 57-25 Approving Revisions to the Maintenance Worker and Facility Maintenance Worker Classifications and Approve ADOPTED by the City Council of the City of Orinda on October 7, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Latika Malkani, Mayor
_________________________
Sheri Marie Smith, City Clerk
F.10.d
Packet Pg. 124 Attachment: Resolution 57-25 Approving Revisions to the Maintenance Worker and Facility Maintenance Worker Classifications and Approve Budgeted Budgeted
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
CITY POSITIONS
City Manager 3.00 3.00 3.00 3.00 3.00
City Manager 1.00 1.00 1.00 1.00 1.00
Sr. Management Analyst 1.00 1.00 1.00 1.00 1.00
Assistant to the City Manager - - - 1.00 1.00
Outreach & Education Coordinator 1.00 1.00 1.00 - -
City Clerk 2.00 2.00 2.00 2.00 2.00
City Clerk 1.00 1.00 1.00 1.00 1.00
Office Assistant 1.00 1.00 - - -
Administrative Assistant I/II - - 1.00 1.00 1.00
Administrative Services
(Finance / Human Resources) 5.00 5.00 5.00 5.00 5.00
Director of Finance - - - - -
Administrative Services Director 1.00 1.00 1.00 1.00 1.00 Accountant - - - - -
Senior Accountant 1.00 1.00 1.00 1.00 1.00
Accounting Technician I/II/III 2.00 2.00 2.00 2.00 2.00 Office Assistant (Allocated) - - - - -
Human Resources Manager 1.00 1.00 1.00 1.00 1.00
Police 1.00 1.00 1.00 1.00 1.00
Receptionist/Secretary - - - - -
Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Community Services Officer - - - - -
Public Works & Engineering Services 11.00 12.00 17.00 16.00 16.00 Assistant Engineer 2.00 1.00 2.00 1.00 1.00
Associate Engineer - - - - -
Senior Civil Engineer 2.00 2.00 2.00 2.00 2.00
City Engineer 1.00 1.00 1.00 1.00 1.00
Director Public Works - - - - -
Director of Public Works 1.00 1.00 1.00 1.00 1.00
Management Analyst (limited duration) - - - 1.00 1.00
Facilities & Parks Supervisor - - 1.00 - -
Facility Maintenance Worker I/II/III - - 2.00 2.00 2.00 Maintenance & Facilities Superintendent - - 1.00 1.00 1.00 Maintenance Worker I/II/III 3.00 3.00 4.00 4.00 4.00
P.W. Maintenance Supervisor 1.00 1.00 1.00 1.00 1.00
Public Works Inspector 1.00 1.00 1.00 1.00 1.00
Sr. Administrative Assistant 1.00 1.00 1.00 1.00 1.00
Project Based - Limited Term - - - - -
Parks & Recreation 9.50 8.50 6.50 7.50 7.50
Director of Parks & Recreation 1.00 1.00 1.00 1.00 1.00 Recreation Supervisor I/II 1.00 1.00 1.00 1.00 1.00
Recreation Coordinator 3.00 2.00 3.00 4.00 4.00
Facilities & Parks Supervisor 1.00 1.00 - - -
Facility Maintenance Worker I/II 2.00 2.00 - - -
Administrative Assistant I/II** 1.50 1.50 1.50 1.50 1.50 ** 0.5 FTE Administrative Assistant I/II position currently vacant Planning 6.00 5.00 6.00 6.00 6.00
Director of Planning 1.00 1.00 1.00 1.00 1.00
Principal Planner - - 1.00 1.00 1.00
Senior Planner 1.00 1.00 - - -
Assistant / Associate Planner 2.00 1.00 2.00 2.00 2.00
Planning Technician 1.00 1.00 1.00 1.00 1.00
Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 SUBTOTAL REGULAR CITY POSITIONS 35.50 38.50 40.50 40.50 40.50 Contract - Police Services 14.00 14.00 14.00 14.00 14.00 Police Manager 1.00 1.00 1.00 1.00 1.00
Sergeant 2.00 2.00 2.00 2.00 2.00
Deputies 9.00 9.00 9.00 9.00 9.00
Relief Deputy 1.00 1.00 1.00 1.00 1.00
Investigator 1.00 1.00 1.00 1.00 1.00
52.50 49.50 54.50 54.50 54.50
Note: In addition, there are part-time seasonal, hourly staffing in all departments with the Parks & Recreation Department accounting for the largest use of part-time program Staff. Part-Time Staff are also used for Parking Enforcement duties.
CITY OF ORINDA STAFFING BY POSITION- UPDATED OCTOBER 2025
CONTRACT POSITIONS
(Contra Costa County Sheriff's Office Positions Assigned to Orinda)
TOTAL COMBINED
CITY & CONTRACT POLICE
F.10.e
Packet Pg. 125 Attachment: Revised Position Allocation Plan Fiscal Years 2025-26 and 2026-27 (3718 : Classification Updates and Staff Allocation Changes) City Council
Staff Report
Agenda Item: H.1
Date: October 7, 2025
Department: Parks and Recreation
AGENDA TITLE: Update on Pilot Off-Leash Dog Area at Orinda Oaks Park and Open Space
RECOMMENDATION:
Receive the report from Staff and provide feedback, including on the continuation on the pilot off-leash dog area.
BACKGROUND:
At the March 4, 2024, meeting, the City Council received a recommendation from the Parks and Recreation Commission to consider development of a fenced off-leash area in Orinda Oaks Park and Open Space.
At the July 16, 2024, meeting, the City Council received a presentation on the initial design concept and estimated construction costs for the dog park. The City Council raised concerns with the estimated construction cost of $775,000.
At the October 1, 2024, City Council meeting, Callander Associates presented a conceptual design and associated costs for a fenced off-leash dog park at Wilder Park/Sports Complex. At that meeting, Staff indicated they would return with a concept for a pilot (“pop up”), unfenced, off-leash area in Orinda Oaks Park and Open Space.
At the November 4, 2024, meeting, the City Council was presented with another fenced option for Orinda Oaks Park which enclosed all or a portion of the picnic area and meadow. This area sits lower adjacent to the trail and could likely meet accessibility standards without significant investment. The City’s consultant estimates the costs for a fenced facility at this location would be roughly $400,000. The City Council directed staff to formalize the pilot for an unfenced, off-leash program, initiate it in Spring 2025, and return after Summer 2025 with an update about the program, including the amount of use, issues, trends, etc.
DISCUSSION:
The City of Orinda has six publicly maintained parks (both City and leased facilities), none of which include a designated off-leash area, fenced or unfenced. A dedicated (fenced) off-leash dog area has appeared on the Capital Improvement Program (CIP) unfunded list in recent years, spurred by community interest.
Consistent with the direction at the November 2024 City Council meeting, the City opened up Orinda Oaks Park and Open Space for a pilot, unfenced dog park to determine community interest in April 2025. Staff promoted the pilot program through a variety of channels, including the Orinda Outlook, The Orinda News, social media posts, H.1
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announcements to local schools and homeowners’ associations, postings at parks and school sites, tables at local events, and more. Staff also carried out a survey that was made available through each of the promotion methods noted above.
To date, the City has received 185 responses. The vast majority expressed overwhelming support for the program, with many respondents indicating they visit the park often. Most appear to be extremely pleased with the existing amenities, including the renovated restrooms, the new drinking fountains (one with a built-in dog bowl), the available parking, and feel the location would be ideal for a designated off-leash park.
Although a handful of respondents appear to feel that fencing is not necessary, a high percentage indicated they are not comfortable visiting the area if it is not fenced. As such, the propensity of responses referring to the need for fencing makes it difficult to ascertain how many more dog owners might have tried the pilot area if fencing existed.
Reports on issues with the pilot program have been very minimal, ranging from comments about users not picking up after their dogs and wet/muddy turf to a request for an additional poop bag dispenser in the vicinity. Other comments collected in the survey included items of awareness, such as requests for additional marketing, as well as for directional signage on Moraga Way and within the park.
From a maintenance perspective, if the area were to become a permanent, active dog park (fenced or unfenced) it will likely require more ongoing maintenance to ensure that the turf remains in working condition and that the restocking of poop bags and trash removal become more frequent. Currently, the latter is happening twice as often than prior to the pilot program.
NEXT STEPS:
Staff recommends that the City Council provide feedback on the pilot program, whether to continue the current effort, and return the matter to the Parks and Recreation Commission for a recommendation(s) for future off-leash dog use at Orinda Oaks Park and Open Space. If continued, the pilot could cease at any time if the established program rules and guidelines were not followed.
FISCAL IMPACT:
Costs were relatively minor for the unfenced pilot program, and included the cost of signage, an increase in dog waste bags, and general service and maintenance of the park amenities. Should the City Council consider an enclosure and entrance in closer proximity to the picnic area and meadow as part of a fenced dog park, the project cost would be approximately $400,000.
ATTACHMENTS:
A. Survey Results
B. Pilot Program Flyer with QR Code
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Respectfully Submitted by:
Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:
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Pilot Off-leash Dog Area Survey SurveyMonkey
1 / 23
58.92% 109
41.62% 77
Q1 Have you visited the pilot, non-fenced designated off-leash dog area at Orinda Oaks Park?
Answered: 185 Skipped: 0
Total Respondents: 185
# IF YES, WHAT CAN YOU SHARE ABOUT YOUR EXPERIENCE? DATE 1 I love this spot for a dog park and wish there was a fenced area so dogs can stay safe from traffic and coyotes.
9/28/2025 12:06 PM
2 Nice space. Friendly dogs 9/10/2025 6:37 PM
3 It’s wonderful! Great dogs, respectful owners, exactly what Orinda needed! 9/10/2025 6:36 PM 4 Orinda Oak Park is wonderful. Love the lush green grass. Owners need to pick up after their dogs!
9/6/2025 12:31 PM
5 Very nice, there was no one else there (which I like). The dogs had a great time. That being said, the park would fill up quick as it isn’t that big. 9/4/2025 3:55 PM
6 Fencing would be a great addition 8/27/2025 6:34 PM
7 Love having a place to take my dog. Honestly, I was worried being in an area without fencing because of the proximity to the main road. Would come back if there was a barrier to the street.
8/24/2025 4:15 PM
8 Looks very dangerous. Keeping German Shepard off leash at a park where kids run around looks like a accident waiting to happen.
8/21/2025 8:24 PM
9 Great. It was quiet, no other users at the time except another dog-family we invited to play.
Dogs mostly stayed in meadow with one dog following owner into parking lot when they forgot something in the car. The hillside on the meadow posed a hazard for my older dog, who twisted her shoulder when chasing a ball down the hill but we enjoyed the opportunity to be on grass, which is something we don’t have access to at home.
8/21/2025 8:23 AM
10 Great to have but extremely frustrating to have at the same location where picnics and gatherings are often held on weekends. My dogs, including others, often times sit begging to be fed or jumping to get food out of peoples hands eating there. 8/20/2025 6:56 PM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
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Packet Pg. 129 Attachment: Survey Results (3719 : Pilot Off-Leash Program Update) Pilot Off-leash Dog Area Survey SurveyMonkey
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11 The space is good for an off leash dog park but would benefit from a large fence 8/18/2025 10:56 AM 12 Great grass..trash can water station Parking bathrooms 8/16/2025 6:59 PM 13 I have brought our dog, Jax, to Orinda Oaks many times over the last 8 years. We have visited more than a dozen times since the offleash pilot program went into effect. It is a great program. Everytime we visit we meet other fun and friendly dogs and their owners. Everyone is so happy to be there to give their dogs a chance to run and play and interact with other dogs and just have fun. Our dog is older, so not as lively as he used to be. The dogs we have met at Orinda Oaks have all been really well-mannered, and they are really good about respecting how much playing another dog wants. This is a great use of the space. Thank you for setting this up!!
8/15/2025 7:27 PM
14 It’s nice, I really wish it was fenced in. Some areas were really muddy 8/15/2025 4:09 PM 15 While I have visited the park, I am unwilling to utilize a non fenced dog park. Currently, we are responsible for 2 dogs and do not feel comfortable with a non fenced park somewhat close to a major street.
8/11/2025 5:01 PM
16 I was nervous workout fencing. It is not well marked or well known 8/11/2025 2:09 PM 17 Very nice off leash park for dogs. Dry and green Grass is very well maintained. Doggie bags are available, along with water. I don’t believe we need to have fences because the off leash area is above street traffic.
8/10/2025 5:32 PM
18 I have been going to this park with our dogs and an occasional community bbq for 20 years.
The updates and modifications over the years have been greatly appreciated. The grass and removal of bordering vegetation is a game changer. New tables and benches and watering station also terrific.
8/7/2025 9:59 AM
19 Overall a good experience 8/7/2025 8:44 AM
20 My dog and I had a wonderful time! So glad that’s here 8/6/2025 6:07 PM 21 Great! 8/5/2025 9:07 AM
22 It’s great! All the dogs (and people) we’ve met are friendly. Dogs are all under voice control, people all pick up after dogs. I have seen no problems with no fence (in some ways, it helps people pay more attention to their dogs
8/3/2025 3:24 PM
23 The location was good but there was only one other dog there. It would help to have recommended dog times so people know when to go to get a critical mass. They do that at the informal Moraga dog park.
8/3/2025 11:09 AM
24 It was small but green. Parking was good. Fencing would be terrific. 8/2/2025 8:25 PM 25 Every time I have visited the dog park it’s so nice to stop by at any point during the day for my Dog to run around The new tables are lovely, dog waste station, new water fountain with dog bowl is incredible The bathrooms were clean and my Kids and dog can all enjoy! I see more and more people going to enjoy the dog park and brining chairs to sit and enjoy 8/1/2025 9:28 PM
26 Great large space for dogs to run and play with other dogs. Owners are kind and great way to meet neighbors
7/31/2025 12:42 AM
27 Love that this area is here since there are so few easily accessible off leash areas nearby.
Sometimes you just want to throw a ball around vs going for a hike up the hill on the ridge area 7/30/2025 3:25 PM
28 It was unclear to me where the designated area is 7/30/2025 9:02 AM 29 It was wonderful, dog loved it and it promotes a sense of community. 7/29/2025 8:33 AM 30 The space is really nice for dogs, especially the grassy field with benches and the dog drinking fountain.
7/28/2025 7:04 PM
31 Great. Our dog loves it. The grass is well maintained and the park is lovely. Fencing it in would allow dog owners to relax while visiting. Lived in Orinda 39 years and had never been to Oak Park before.
7/27/2025 8:25 PM
32 It's wonderful! A perfect break for me and my dog at the end of a long day. Clean. Other dogs and people are friendly. Water for the pooches. I hope you keep it. 7/27/2025 7:46 PM
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Packet Pg. 130 Attachment: Survey Results (3719 : Pilot Off-Leash Program Update) Pilot Off-leash Dog Area Survey SurveyMonkey
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33 I have brought my 15 lb labradoodle a number of times along with my 2 kids. The area is very convenient with parking, water, bathrooms, shade, and seating. It’s nice getting to meet other dogs. A fence would be nice eventually for safety and so the dogs don’t wander into the brush (tick concerns)
7/26/2025 1:23 PM
34 It’s a perfect sized grassy area that doesn’t have a lot of foot traffic for dogs to run and play off leash in a safe environment. Thank you for creating this space for dogs in our Orinda community!
7/19/2025 5:18 PM
35 Unless I missed something, or it's misnamed, I didn't find a dog park. It appears to be a lovely hiking area where your dog can be off leash. It is not a park where your dog can play fetch (more than once as the ball will roll down the steep hills) or where your dog can play with other dogs and socialize. I may have missed something, but after the parking area, the road says no entry, and there was no map of trails. I'm assuming I missed the dog park aspect of this open area. It is beautiful tho.
7/13/2025 7:31 PM
36 Just found out about it yesterday, 7/12/2025, from a flyer posted on the Glorietta School fence 7/13/2025 12:14 PM 37 It’s right off Moraga way- needs to be fenced. Otherwise a nice meadow area but there are some muddy spots- leaking sprinklers?? Which is not ideal. 7/12/2025 9:31 AM
38 Great. Peaceful. 7/2/2025 11:13 AM
39 Great location and use of space. However, a broken sprinkler pipe left a mud pit that my dog loved to jump into - will definitely return when it's fixed, or if he's due for a bath. 6/26/2025 1:11 PM
40 Wonderful to have a nice grassy area for dogs to play. Met some new neighbors. Really a great option to not have to drive down to Moraga or Walnut Creek. 6/25/2025 2:59 PM
41 Love it. My dog, 3 year old daughter and I have visited about 5 times. It’s a great place to have both my dog and daughter run around. Grass is nice, well kept park, like the access to the trail.
6/23/2025 9:47 PM
42 It’s great! The park is removed enough from the road it feels safe. My dog can run and chase the ball with a big space. Bathrooms and tables and water are a plus 6/23/2025 10:24 AM
43 Love it! My dogs loved the nicely irrigated grass. I appreciated the shade and benches, also the terrain nearly obviates the need for a fence if your dogs have good recall! 6/22/2025 1:19 PM
44 Nice area for my dog to run around!! 6/21/2025 3:23 PM 45 Great experience! Happy to have this available in our community. 6/20/2025 6:31 AM 46 It was lovely! My dog does well off leash, but I can see dog owners being concerned if their dog has prey drive that it might go after a bunny or run off the grassy area. We loved it and I hope this can become a regular stop for us.
6/16/2025 5:48 PM
47 I go to the Orinda Oaks park every other day. I live nearby and my dogs love the grassy area.
There are rarely any other people here except the occasional other dog walker. 6/9/2025 4:08 PM
48 The facilities had everything we needed. For us and the seven other dogs that were there a fence along the hillside was not needed all of the dogs stayed in the grassy area. Fencing along the road side/ parking would provide extra safety for dogs coming and going. We plan to make it a regular destination
6/9/2025 7:04 AM
49 I think it is a great place for a dog park, especially as the entire park is under-utilized.
However, it needs to be fenced.
6/7/2025 7:35 PM
50 Needs a fence 6/7/2025 6:27 PM
51 This is a very needed facility and I like how it brings an underutilized park some new life! Would be more usable if there was fencing.
6/7/2025 5:02 PM
52 I cannot bring my dog unless it is fenced. Is there any chance for fencing? 6/7/2025 2:25 PM 53 It was a lovely experience! Great space, appreciated the grounds and open space and even though it’s not fenced in, it felt contained. Water and bowls were great and poop bags. SO HAPPY!!!! Only one other dog with us so hope more people will hear about it and use it! 6/7/2025 12:01 PM
54 It is very nice to have this space. Did not seem to be any negative interactions but there were contradicting signs posted saying no off lease dogs.
6/3/2025 4:37 PM
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55 The trail up from Moraga Way was very poorly kept with lots of painful burrs and thistles.
Difficult for dogs or even humans to walk on this surface. 6/2/2025 5:56 PM
56 It is not safe for dogs without a fence 6/2/2025 12:31 PM 57 Well-maintained area. Not crowded. 5/31/2025 7:25 AM 58 Great space for Frisbee and dog and I love getting sun and enjoying 5/26/2025 11:32 AM 59 I visited on a Monday early afternoon, it was very peaceful and quiet as no one else was there.
However, one benefit of a dog area is for dogs to be social not necessarily quiet & peaceful.
The lawn was nicely managed but I am disappointed it is not fenced as my dog needs a secured area. I think more people would use this area more if it were fenced and there was a seating area with sun protection up at the lawn where owners can watch their dogs. A popular fenced dog park that is well-maintained is Hap Magee down in Danville. However, it is not a convenient location for Orindan dog owners. Thank you.
5/19/2025 1:00 PM
60 Lovely place for dogs to play and residents to socialize and walk. 5/17/2025 11:23 AM 61 Great! 5/14/2025 12:38 PM
62 We thank the city for this program and hope it becomes permanent and fenced, at least toward the parking /road
5/10/2025 2:16 AM
63 Very nice 5/9/2025 11:01 AM
64 I just found out about it through an OIS email and am VERY excited!! 5/8/2025 1:33 PM 65 I enjoyed it 5/7/2025 3:56 PM
66 Great experience! I'm so glad there is a designated off-leash area in Orinda!! I do worry about rattlesnakes in the warmer months, so perhaps some signage to that effect would be helpful, so that dog owners are aware of the risk.
5/7/2025 3:11 PM
67 I think it is a beautiful place for a dog park. 5/7/2025 11:56 AM 68 It's a nice space. When we were there, there were no other people or dogs. I suspect few people are aware, and that the pilot could use a bit more publicity. 5/6/2025 8:19 PM
69 It is fabulous! 5/6/2025 5:16 PM
70 Dogs were under control and owners were being respectful of the land and of other owners.
Owners were properly supervising their dogs.
5/5/2025 6:05 PM
71 Like the park. Would be great for a dog park. 5/4/2025 8:56 PM 72 We use the park with my kids and family. I love my dogs, but it is so nice to have that quiet space in Orinda. People already use the park above for their dogs to run free. 5/4/2025 7:39 PM
73 Needs to be fenced. Dogs can chase each other out of the area. 5/2/2025 10:54 PM 74 We would if it was fenced in! 5/2/2025 8:56 PM
75 Had a work picnic there, a school reunion and both worked well though the bees were very much an issue
5/2/2025 4:16 PM
76 It is a nice space but would be better if fenced 5/1/2025 4:23 PM 77 The grass was nice and soft, no foxtails or muddy spots. Easy parking. Great to have water bowls there for a hot day. Improvements would be a fence and a hose. 5/1/2025 9:37 AM
78 Firstly I want to highlight how thankful I am to have an offleash dog area in orinda with no regulated or limited hours! We enjoyed our visit and are glad this is an option 4/30/2025 1:14 PM
79 It's great for my dog, my kid 4/30/2025 12:38 PM
80 It was perfect and I love it! 4/29/2025 5:49 PM
81 Great! It should be fenced in but very supportive! 4/29/2025 11:26 AM 82 Would love it to be fenced but so important for Orinda to have this space! 4/29/2025 11:24 AM 83 Regular maintenance of keeping the grass and plants in check is necessary as ticks prowl the 4/29/2025 10:41 AM H.1.a
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area. This maintenance is expected as we pay high taxes in the area to enjoy these areas. A fence would greatly improve the usability of the dog parks. 84 Really a good location for a dog park. Some protection to block dogs from running down to Moraga Way would be a help. Also, please have better water fountain and/or dishes if you make it permanent. I have only run into one other dog owner while visiting - would be a lot more fun with more use by others.
4/29/2025 8:47 AM
85 Excellent, well-groomed mostly level area. 4/28/2025 4:28 PM 86 I just learned about it, and I’m excited to check it out. I have been looking for a place to properly socially my puppy. Unfortunately, it would need to be fenced to let her off leash at this age.
4/25/2025 10:57 AM
87 Steep, unfenced and beautiful 4/22/2025 12:31 PM
88 Great location for an off-leash dog park. The location was good but there were not any other dogs there so our dog did not get any dog interaction.
4/21/2025 4:20 PM
89 My doggo loves it!!! 4/21/2025 3:25 PM
90 Nice open space for dogs to exercise and play. Great location, nice grass, easy parking. 4/19/2025 11:22 AM 91 It was awesome! My dogs loved the grass, the access to water, and I loved the benches, access to trash containers, and the amount of space
4/19/2025 11:18 AM
92 Was not even aware there was an off leash dog park pilot program happening at the Orinda Oaks Park. I have lived in Orinda for over 30 years and have Lobbied for a park many times.
Please publish and spread the details more widely.
4/18/2025 3:23 PM
93 can get muddy in winter...my dog loves it! 4/18/2025 9:30 AM 94 Awesome space 4/17/2025 10:44 PM
95 Worked great. I wasn’t aware of the pilot, and stopped to hike the trail with my dog on leash.
But was pleased to see owner and dogs off leash playing. Use the area for 15 min. Everything was great. Everyone cleaned up after their dogs. (I think the peer pressure of having other dog owners present helps ensure responsible clean up of dog poop. 4/17/2025 3:30 PM
96 It was lovely. I can’t wait for more people to find out about it so my dog will have some friends to play with.
4/15/2025 3:54 PM
97 Needs signage. Should have stated that it's non-fenced more prominently. I wouldn't have wasted my time with a visit had I known. I sensed that others I encountered felt the same way. 4/14/2025 7:47 PM
98 My dog loved it, plenty of space to throw a ball in the grass area across from the bbq area, and there was lots to explore next time towards the horseshoe pits. 4/14/2025 3:59 PM
99 It was wonderful 4/13/2025 11:32 AM
100 I use it almost every day due to its proximity to where I live. Within waking distance. Also hike up to the ridge. I have seen more and more dog walkers. Some people leave bags of poo on the trail.
4/13/2025 8:50 AM
101 needs fence all around - don't feel comfortable letting my dog off leash if she can run out to street or up the hill.
4/12/2025 10:05 PM
102 Beautiful setting! Some fencing may be necessary for the dogs’ safety. Hopefully the water fountain will run all year too. I’m excited about a dog park in Orinda and support it wholeheartedly!
4/12/2025 7:09 PM
103 Great open space 4/10/2025 7:58 AM
104 I just found out about it through fb and will definitely be visiting. 4/10/2025 7:51 AM 105 I just found out about it 4/9/2025 11:11 PM
106 It is a great area for my dog to run 4/9/2025 11:00 PM 107 Finally a dog park in Orinda! A must to keep going 4/9/2025 10:22 PM 108 It’s great! We need a park like this for folks and their pups 4/9/2025 9:29 PM H.1.a
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109 It is a good area but without fencing it is not very useful. 4/9/2025 9:24 PM 110 Love it! Great location, thank you. 4/9/2025 9:10 PM 111 Not yet but I will! I just heard about it. So excited. 4/9/2025 8:50 PM 112 Wonderful 4/9/2025 8:38 PM
113 I wasn’t aware of it till today 4/9/2025 8:36 PM
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Q2 Any positive feedback?
Answered: 137 Skipped: 48
# RESPONSES DATE
1 Beautiful spot and really needed in the area! 9/28/2025 12:06 PM 2 All positive- nice lawn, poop bags and trash, water. Thanks for doing this 9/10/2025 6:37 PM 3 It’s fantastic-really needed in Orinda. 9/10/2025 6:36 PM 4 Love Orinda Oak Park and green grass. 9/6/2025 12:31 PM 5 Dogs loved it. Will be back again. 9/4/2025 3:55 PM
6 This idea is desperately needed and welcome please make it permanent and fenced 8/27/2025 6:34 PM 7 Would like to have a closer option. Currently going to Rancho Laguna park daily. 8/24/2025 4:15 PM 8 None 8/21/2025 8:24 PM
9 Beautiful space. Enjoyed the opportunity to play fetch in grass and see other dog owner friends 8/21/2025 8:23 AM 10 Dog water station 8/20/2025 6:56 PM
11 Picked a great spot!! 8/18/2025 10:56 AM
12 Nothing but good 8/16/2025 6:59 PM
13 Really the best place to take our dog. And close to home, which makes us able to go there more often.
8/15/2025 7:27 PM
14 Well taken care of 8/15/2025 4:09 PM
15 It's such a promising idea and would be a great benefit to the community of it were fenced and known
8/11/2025 2:09 PM
16 Very well groomed park 8/10/2025 5:32 PM
17 Excellent and needed 8/8/2025 6:13 PM
18 Yes. See my response to question 1. 8/7/2025 9:59 AM 19 easy to get to - parking available - facilities if needed 8/7/2025 8:44 AM 20 Perfect space for a dog to run around!! 8/6/2025 6:07 PM 21 Love it 8/5/2025 9:07 AM
22 See answer to #1 ! 8/3/2025 3:24 PM
23 I liked the area. Nice bathroom and BBQ area. 8/3/2025 11:09 AM 24 Nice to have bathrooms, tables and parking already 8/2/2025 8:25 PM 25 All positive feedback! See above Also great to see orinda parks staff maintaining the park - thank you
8/1/2025 9:28 PM
26 The space is nice. No holes in the ground. Feels safe 7/31/2025 12:42 AM 27 Good use of an underutilized park. Size of the grass area is just right 7/30/2025 3:25 PM 28 I think an off leash park is long overdue and will help keep dog traffic off OIS 7/30/2025 9:02 AM 29 Yes, please keep this as a dog park! 7/28/2025 7:04 PM 30 Yes, great park. 7/27/2025 8:25 PM
31 See above! 7/27/2025 7:46 PM
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32 Very happy you are exploring this! The park is great for dogs and frankly it barely gets used otherwise (we live on Hall).
7/26/2025 1:23 PM
33 Please see previous comments 7/19/2025 5:18 PM
34 It's beautiful. 7/13/2025 7:31 PM
35 Love the idea. 7/13/2025 12:14 PM
36 The meadow is nice. 7/12/2025 9:31 AM
37 Great. Love it. 7/2/2025 11:13 AM
38 Great use of space 6/26/2025 1:11 PM
39 The grass is really nice and much better than a tan bark option. It’s great to have the grass after fountain and the picnic area nearby also
6/25/2025 2:59 PM
40 See answer to question 1 6/23/2025 9:47 PM
41 Definitely! See above. We love the park and our dog does too. A fence would be great but also understand the cost.
6/23/2025 10:24 AM
42 See above! I think it's excellent. Also I was surprised to be the only one there at 1:00 on a Sunday!
6/22/2025 1:19 PM
43 Yes! Great experience and we will come back. It is so nice to have this open space for dogs throughout the day.
6/21/2025 3:23 PM
44 Great experience, plenty of space. 6/20/2025 6:31 AM 45 Beautiful Location, away from the street and seems to be a great option! 6/16/2025 5:48 PM 46 Great idea 6/14/2025 2:47 PM
47 Honestly, I’ve used this area off-leash with my dogs for years. I love the idea of making it official!
6/9/2025 4:08 PM
48 Good local. Nice amount of space. Tables and benches were ample. Good amount of parking.
Water supply. The four other owners that we met liked the area. 6/9/2025 7:04 AM
49 Excited to check this out! Thank you 6/9/2025 6:05 AM 50 It is a great area and it is wonderful that it is centrally located. 6/7/2025 7:35 PM 51 Nice that it is in Orinda, 5 minutes away from home. Very central. 6/7/2025 6:27 PM 52 Please keep this! We need it! 6/7/2025 5:02 PM
53 See above!! Thank you soooo much! We used to drive all the way to Hap McGee. It’s great to have this little gem especially with an under used park. I didn’t know there was a little trail there too!
6/7/2025 12:01 PM
54 I support this idea 6/3/2025 4:37 PM
55 I love that there’s another option for responsible, dog owners like us to let their pups get adequate exercise. As someone with mobility issues, I could never walk or run with my dog on a leash as much as he needs to be. Thank you for considering keeping this off leash. 6/2/2025 5:56 PM
56 none; this is not a pilot program. it is a lame attempt to say the city "offered" an off-leash dog park
6/2/2025 12:31 PM
57 yes 6/1/2025 9:41 PM
58 Great space dogs and we appreciate the benches for ppl. 5/31/2025 7:25 AM 59 Very lean, well maintained 5/26/2025 11:32 AM
60 Nicely maintained, nice BBQ picnic area, adequate parking. Not easy to find; 485 Moraga Way was on my GPS but took me to one block short.
5/19/2025 1:00 PM
61 Not visited 5/17/2025 12:22 PM
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62 Yes it was nice to have a space for dogs to run that’s not close to a playground, and that was not too crowded.
5/17/2025 11:23 AM
63 So peaceful and fun for the pup 5/14/2025 12:38 PM
64 Great idea 5/11/2025 12:18 PM
65 Yes, great area for an off leash dog area 5/10/2025 2:16 AM 66 Great location, accessibility 5/9/2025 11:01 AM
67 We’ve needed this for soooo long! 5/8/2025 1:33 PM
68 Yes, everything went well. There is parking and bathrooms 5/7/2025 3:56 PM 69 Yes we need dog park space badly! 5/7/2025 3:15 PM
70 All good! 5/7/2025 3:11 PM
71 Yes. I think this is a great location for a dog park. Otherwise the nearest options are Rancho Laguna or Heather Farms. I think Orinda residents will appreciate this resource, and that it will have a positive impact on the community.
5/6/2025 8:19 PM
72 Love it 5/6/2025 5:16 PM
73 The lawn area is pristine. It appears the dog owners are doing a good job cleaning up after their dogs.
5/5/2025 6:05 PM
74 Just saw a post about it and can’t wait to take my dogs there! 5/5/2025 8:42 AM 75 Lot of families with dogs in Orinda. Would be very convenient 5/4/2025 8:56 PM 76 I’d love a fenced dog park somewhere. I have 3 dogs. 5/4/2025 7:39 PM 77 Thank you for piloting this! Get the Boy Scouts to build a fence for their Eagle Project. 5/2/2025 10:54 PM 78 It’s a great idea, just needs a fence and we are there! 5/2/2025 8:56 PM 79 It’s another nice local option for hikes ave picnicking! 5/2/2025 4:16 PM 80 I am happy to see this program. Dogs are a members of Orinda families and we need to provide options for community.
5/2/2025 6:23 AM
81 See last answer 5/1/2025 4:23 PM
82 Great flat grassy area with nice spots for humans to sit :) 5/1/2025 9:37 AM 83 The park is easily accessible and the grassy area is great for the doggies. We were the only ones there around 4pm So we had the entire park to ourselves. The dog poop bags were very handy to have onsite and the picnic tables were great for the kiddos 4/30/2025 1:14 PM
84 Much appreciate the allowing of off leash dog activity 4/30/2025 12:38 PM 85 Perfect size to keep dogs under voice control 4/29/2025 5:49 PM 86 Love the idea! I support 4/29/2025 11:26 AM
87 My dog and I loved visiting, I hope this becomes fenced and permanent! 4/29/2025 11:24 AM 88 This is such a positive contribution to our local community! So many inhabitants of Orinda and surrounding areas have dogs. This can also help bring in business to local businesses as the amount of dog parks in the area is minimal; from my experience, I often grab food or coffee when I go on a dog walk.
4/29/2025 10:41 AM
89 See above 4/29/2025 8:47 AM
90 Not yet 4/25/2025 10:57 AM
91 Beautiful hillside views 4/22/2025 12:31 PM
92 Orinda Oaks Park had plenty of parking, restrooms and large grassy area appropriate dogs to play.
4/21/2025 4:20 PM
93 The park is well maintained -- we have rented it for several birthdays. My dog absolutely loves 4/21/2025 3:25 PM H.1.a
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to play fetch there and after about 20 min she loves chilling out in the cool grass. I ALWAYS pick up after her, and if I see any forgotten "deposits" I clean that up too. I always bring bags, but appreciate the bags on-hand.
94 haven't been yet, but as new dog owners we are looking for places to take our dog to play-- would be interested in this, especially if the dog park was fenced eventually 4/21/2025 11:12 AM
95 Mentioned above, nice sunny space, nice grass, good size, separate from other areas, easy parking.
4/19/2025 11:22 AM
96 Loved this as an option! 4/19/2025 11:18 AM
97 We need a dog park 4/18/2025 3:23 PM
98 not too crowded and the dogs we met there were friendly. 4/18/2025 9:30 AM 99 Please continue to maintain it 4/17/2025 10:44 PM
100 Support Orinda having an off leash area. I was not aware of this at Orinda Oaks until someone told 4/17
4/17/2025 9:50 PM
101 Above was positive 4/17/2025 3:30 PM
102 It’s a great size for dogs to run and benches and water fountain were nice. 4/15/2025 3:54 PM 103 Would love an off lease dog park in Orinda! 4/14/2025 8:48 PM 104 Good location. 4/14/2025 7:47 PM
105 It’s fantastic! 4/14/2025 7:37 PM
106 Great idea for an underutilized space. There’s nowhere to go off leash, and may reduce the rule breaking happening in other places like Wagner, sports fields and community park. 4/14/2025 3:59 PM
107 Love the idea and plan. I will try it out soon. Thank you!!!🙏 4/14/2025 8:36 AM 108 I haven’t visited as I wasn’t aware of this yet but very excited to have an off leash option in Orinda!
4/13/2025 11:35 AM
109 Keep it leash free designated 4/13/2025 11:32 AM
110 I haven’t visited only because I wasn’t aware that there was an off leash pilot program! Would be wonderful to have an off leash space for our pups!
4/13/2025 10:43 AM
111 lovely shaded sdpot with flat area. small enough to have conversation 4/12/2025 10:05 PM 112 Orinda needs a dog park 4/12/2025 7:42 PM
113 See above. 4/12/2025 7:09 PM
114 N/a 4/10/2025 1:44 PM
115 Great idea! Just learned about it while out of town. Will check it out asap when I get home to Orinda.
4/10/2025 1:19 PM
116 N/a 4/10/2025 10:44 AM
117 No 4/10/2025 8:09 AM
118 Nice place for hiking and get togethers 4/10/2025 7:58 AM 119 Can’t wait to visit 4/10/2025 7:51 AM
120 Great idea / much shorter commute than to Moraga - our dog relishes the socialization 4/9/2025 11:11 PM 121 Good size area 4/9/2025 11:00 PM
122 Wonderful and would love to have a fenced dog park too 4/9/2025 10:22 PM 123 Was not aware there was a pilot park but will visit in the near future. 4/9/2025 9:55 PM 124 Would love to have a dog park in Orinda! 4/9/2025 9:42 PM 125 Would love another dog park option! 4/9/2025 9:33 PM H.1.a
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126 Love how clean it is 4/9/2025 9:29 PM
127 Maybe more parking? 4/9/2025 9:10 PM
128 Very happy to have this as an option and plan to take our dog. Thank you! 4/9/2025 9:10 PM 129 Yes, going to go check it out. Please advertise the pilot program! 4/9/2025 9:06 PM 130 N/a 4/9/2025 9:01 PM
131 Na 4/9/2025 8:54 PM
132 It's a great idea and a great location 4/9/2025 8:52 PM 133 Tbd. That there even IS an off leash dog area. 4/9/2025 8:50 PM 134 I wish I knew this off leash dog Paul existed. It’s a great idea! 4/9/2025 8:49 PM 135 NA 4/9/2025 8:43 PM
136 Yes, it’s a great place for locals to have dogs off leash. We need spaces like this. 4/9/2025 8:38 PM 137 I think it would be a valuable space for dog owners as long as it was treated respectfully 4/9/2025 8:36 PM H.1.a
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Q3 What concerns do you have?
Answered: 154 Skipped: 31
# RESPONSES DATE
1 I would like a fenced area for safety but if that’s economically not possible it’s still a great spot for dogs.
9/28/2025 12:06 PM
2 None 9/10/2025 6:37 PM
3 None 9/10/2025 6:36 PM
4 Would be better fenced in for dogs. 9/7/2025 1:03 PM
5 Owners needs to pick up after dog. Sprinklers need to be fixed so there are no mud puddles. 9/6/2025 12:31 PM 6 The grass was longer than it should be, given people are encouraged to pick up dog waste. It’s very difficult with longer grass.
9/4/2025 3:55 PM
7 None. Dog owners in this community are generally highly responsible and educated and can self-monitor among their community those people who abuse or damage the dog park or don’t keep a proper eye on their dogs.
8/27/2025 6:34 PM
8 Fencing and or barrier to Moraga Way. More seating. 8/24/2025 4:15 PM 9 Safety of kids. When dogs run after kids which happened a few time already, I can not out run the dog but hope to scare the running dog off
8/21/2025 8:24 PM
10 Steep hill a hazard for older dogs/people. I worry about dogs potentially running out to moraga way, which is a busy road.
8/21/2025 8:23 AM
11 Two of my dogs have bad arthritis. This location is very steep being on a hill. 8/20/2025 6:56 PM 12 A fence would be nice for less well trained dogs 8/18/2025 10:56 AM 13 None its great use of a mostly unused park 8/16/2025 6:59 PM 14 None 8/15/2025 7:27 PM
15 Not being fenced in next to a busy road 8/15/2025 4:09 PM 16 see above-non fenced. Given the situation with no fence, the City will not be able to obtain a reasonable assessment of its potential use. Given other dog parks, Orinda would be perfect for a fenced park.
8/11/2025 5:01 PM
17 None 8/11/2025 2:09 PM
18 Dry vegetation on hiking trails to the water shed above the hill needs to be cut back. 8/10/2025 5:32 PM 19 May want to add signage Togo slow on one lane road entering 8/8/2025 6:13 PM 20 Two concerns. First, the pvc pipes that are vertically placed in the grass to receive a volley ball post are incredible dangerous to the dogs. There are 4 I believe. In all the years I have been going I have never seen a volley ball net set up there. Please remove and fill the holes.
Second, and most importantly, it’s difficult to properly assess the success of the pilot program without the area being secured with a fence. While most dogs that visit are obedient and don’t wander it is undeniable that Moraga Way poses a threat to their well being. Even the best trained dogs will chase a squirrel or a coyote, into traffic. We had a close call just the other day. We need the area fenced in like Rancho Laguna, with the large grassy area available in its entirety for open and free play.
8/7/2025 9:59 AM
21 Def needs a fence - too many gophers holes need to be filled - this is dangerous for the dogs and little people - lots of ticks in the grass
8/7/2025 8:44 AM
22 None 8/6/2025 6:07 PM
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23 None.. Just hope it continues! 8/5/2025 9:07 AM
24 The road coming up could have a mirror and/ or a 5 MPH sign since it’s 2-way but only 1-lane wide. Not enough traffic to need to widen it however!
8/3/2025 3:24 PM
25 The location was good but there was only one other dog there. It would help to have recommended dog times so people know when to go to get a critical mass. They do that at the informal Moraga dog park.
8/3/2025 11:09 AM
26 There is no fencing. Would need to keep my dog on a long 30 ft leash, which is not ideal for him
8/2/2025 8:25 PM
27 None! Please keep the park open for our doggies 8/1/2025 9:28 PM 28 Please get rid of the ticks in the park. Please mow the grass, so it stays clean. 7/31/2025 12:42 AM 29 The absence of any fencing - especially towards the parking lot and moraga way - could be an issue for some dogs. But not ours so it’s not a big deal 7/30/2025 3:25 PM
30 That the area will be too small 7/30/2025 9:02 AM
31 It definitely needs a fence for the safety of the dogs. 7/29/2025 8:33 AM 32 A fenced park would be ideal but it’s fine as is also. 7/28/2025 7:04 PM 33 Not fenced. 7/27/2025 8:25 PM
34 None 7/27/2025 7:46 PM
35 Lack of fence for the dogs. Would be great if there was a sidewalk on Moraga way that connected to Hall Dr and Ivy Dr so that folks could walk to the park safely without having to drive but I realize that’s a much bigger expense
7/26/2025 1:23 PM
36 None 7/19/2025 5:18 PM
37 Not a dog park. A dog trail? 7/13/2025 7:31 PM
38 People not picking up after their dogs. 7/13/2025 12:14 PM 39 Not fenced!!!! It needs to be fenced. 7/12/2025 9:31 AM 40 No fence! Otherwise we’d be there daily. 7/10/2025 6:04 PM 41 None. Some would prefer fenced and you’d likely get more usage but it works for my dogs 7/2/2025 11:13 AM 42 Within running distance of a busy road, so not being fenced in introduces some additional risk. 6/26/2025 1:11 PM 43 Would love to have some of the shaded area included in the fenced area, just bc it gets so hot in the summer.
6/25/2025 2:59 PM
44 None, other than ticks which aren’t unique to this park, just the area! 6/23/2025 9:47 PM 45 The lack of fence but that isn’t insurmountable. It’s enough removed from the road that it seems OK
6/23/2025 10:24 AM
46 Poison oak in the more overgrown parts of the area. 6/22/2025 1:19 PM 47 None at the moment. 6/21/2025 3:23 PM
48 More signs to remind people to clean up after their pets 6/20/2025 6:31 AM 49 I can see why owners with dogs with prey drive would be concerned their dog may runoff. Also, being along the edge of the field could mean coyotes could see small dogs. Other than that, it was perfect!
6/16/2025 5:48 PM
50 None 6/14/2025 2:47 PM
51 I do not like the idea of a fenced area. Currently, all dogs I’ve encountered at the park are well behaved and under voice control, or sometimes on long leashes. The fenced parks have some of the not very well trained dogs.
6/9/2025 4:08 PM
52 None 6/9/2025 7:04 AM
53 Fox tail management 6/9/2025 6:05 AM
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54 It would need to be fenced with possible areas for small vs large dogs for us to be able to use the park. It is sorely needed in the Lamorinda area!
6/8/2025 7:06 PM
55 As much as I love having a big open area I do worry being so close to Moraga Way having my dogs unleashed. I’m afraid they’re just not that good at recall 6/7/2025 10:07 PM
56 Though my dogs have been trained to come upon command, some people are still working on it with their dogs. A fence would make sure that all dog owners could utilize the area. 6/7/2025 7:35 PM
57 No fence 6/7/2025 6:27 PM
58 Fencing would bring more residents. 6/7/2025 5:02 PM 59 I would use this all the time if it were fenced. 6/7/2025 3:47 PM 60 Fencing is needed for my dog 6/7/2025 2:25 PM
61 That it will close down. Please don’t! Please let me know if there’s any help you need to keep it open! Andrea Ronzani [email protected]
6/7/2025 12:01 PM
62 Multiple signs saying no off lease dogs 6/3/2025 4:37 PM 63 I wish there was more signage indicating that dogs off leash are OK for the time being. I did get some suspicious looks from people on the trail.
6/2/2025 5:56 PM
64 none 6/1/2025 9:41 PM
65 If the idea takes off, car flow from that upper lot could be an issue. However, given that there are not set hours for dogs, you’ll probably get more intermittent use as opposed to a big crowd every morning.
5/31/2025 7:25 AM
66 NA 5/26/2025 11:32 AM
67 I can’t take my dog to an area that isn’t fenced. 5/17/2025 12:22 PM 68 None. 5/17/2025 11:23 AM
69 Lack of fencing but totally fine 5/14/2025 12:38 PM
70 None 5/11/2025 12:18 PM
71 I believe there’s a need for a fence at least toward the parking lot area 5/10/2025 2:16 AM 72 Aggressive dogs if not controlled by owner. Ticks and other dog health issue 5/9/2025 11:01 AM 73 None 5/8/2025 1:33 PM
74 None 5/7/2025 3:56 PM
75 None 5/7/2025 3:15 PM
76 Like with every off-leash area, I am concerned that a few dog owners are going to ruin the fun for everyone, so any measure that can be taken to remind people that the off-leash rule only applies to dogs that are fully under voice control.
5/7/2025 3:11 PM
77 Just needs a fence 5/7/2025 11:56 AM
78 The estimated $500,000 price tag seems high. As far as I can tell, the only thing required if fencing. Still, I think it would be worth the investment. 5/6/2025 8:19 PM
79 None. The lack of fencing is not a concern because the street is so far away, as is the picnic area in case a non-dog owners wishes to use it. I like how you can see all areas of the dog park from the upper lawn benches so as to be able to supervise your dog. 5/5/2025 6:05 PM
80 Fencing would be great like at Rancho Laguna Park in Moraga. It’s a nice safety perimeter. 5/5/2025 8:42 AM 81 That it is not fenced 5/4/2025 8:56 PM
82 The dogs can run up the hill or out to Moraga way. No fencing isn’t the best for dogs. 5/4/2025 7:39 PM 83 No fence. 5/2/2025 10:54 PM
84 …the fence part. 5/2/2025 8:56 PM
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85 Lack of signage and not enough parking 5/2/2025 6:46 PM 86 It’s hilly, hot (not much shade) and the bees of food is there, not sure what the prevalence of tics are for dogs too
5/2/2025 4:16 PM
87 Needs a fence 5/1/2025 4:23 PM
88 It needs a fence to keep the dogs inside the grassy area and not venturing on the trail or into the more overgrown grassy parts. For their safety and the safety of those using the trail. 5/1/2025 9:37 AM
89 I worry not enough people know about the park, so curious how can we promote this park to local dog families - maybe host a dog event? I think the stairs can be fixed/updated - I had a todder with me so want to make sure its also family friendly I think when I went the grass was very long so maybe some more regular cutting of the grass the park seemed to need a bit of TLC in terms of landscaping - I do compare this very much to rancho laguna park which is a great kid and offleash dog park that has beautiful landscaping - maybe one day this orinda park can get there - some volunteer efforts perhaps? the address on the map took me to a different location so if someone could update that
4/30/2025 1:14 PM
90 Concerns for dogs that behave poorly or run to Moraga way, but haven't seen it 4/30/2025 12:38 PM 91 None 4/29/2025 5:49 PM
92 As long as there is a source to fill water bowls, none! 4/29/2025 11:26 AM 93 None 4/29/2025 11:24 AM
94 Maintenance of the grasses, lawn, and plants to prevent ticks which are harmful to people and dogs
4/29/2025 10:41 AM
95 See above 4/29/2025 8:47 AM
96 Need for fencing and proper maintenance. Access to water, shade, grass, trash bins and extra bags would be great. A lot of dog parks even have separation between large and small breeds, but that may be too fancy at this time. :)
4/25/2025 10:57 AM
97 Unfenced means dogs could run into streets etc. unless under excellent voice control.
Presence of wildlife could make this fairly likely.
4/22/2025 12:31 PM
98 No other dogs were there. Need to get the word out so other dog owners know to go there.
Consider having recommended hours so people are more likely to show up with their dogs at the same time.
4/21/2025 4:20 PM
99 None really. Only when people rent it out for weekend events, I wouldn't want to take that availability away because it's a great space for groups. 4/21/2025 3:25 PM
100 wear and tear on surrounding ecosystem 4/21/2025 11:12 AM 101 Fencing to prevent running into road if there isn't already. 4/20/2025 2:24 PM 102 The area around the grass field could use a small fence to help set the boarder of the dog park 4/19/2025 11:22 AM 103 I would like to a fence installed to ensure extra safety 4/19/2025 11:18 AM 104 Dogs access to traffic 4/18/2025 3:23 PM
105 people will bring dogs that are not well socialized and not leash them. 4/18/2025 9:30 AM 106 None 4/17/2025 10:44 PM
107 Dogs that are aggressive and not under control by owners 4/17/2025 9:50 PM 108 None. I was a little anxious without a fence. But all dogs stayed on the grass to be with each other.
4/17/2025 3:30 PM
109 No 4/15/2025 3:54 PM
110 Owners need to clean up after their dogs. 4/14/2025 8:48 PM 111 limited parking 4/14/2025 7:47 PM
112 Would be great if it could be fenced at some point 4/14/2025 7:37 PM H.1.a
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113 None 4/14/2025 3:59 PM
114 Dogs getting out into traffic 4/14/2025 3:59 PM
115 I support it long-term as long as it is fenced in 4/14/2025 3:14 PM 116 None. 4/14/2025 8:36 AM
117 None 4/13/2025 11:35 AM
118 None. A lot of people would like to see it fenced 4/13/2025 11:32 AM 119 None 4/13/2025 10:43 AM
120 Costs and restrictions of changing it. 4/13/2025 8:50 AM 121 fencing 4/12/2025 10:05 PM
122 Needs to have a fence 4/12/2025 7:42 PM
123 See above. 4/12/2025 7:09 PM
124 Proximity to road and potential for dog running into the street. 4/12/2025 5:43 PM 125 Would need to be fenced before I brought my dog 4/10/2025 8:14 PM 126 Will there be a space for small dogs? 4/10/2025 1:44 PM 127 Dogs could run to the street and there may not be enough space. Mullholand Ridge would be great to officially be off leash too.
4/10/2025 1:19 PM
128 None 4/10/2025 10:44 AM
129 None, Orinda needs spaces dedicated for dogs so that owners stop using school grounds, which is a big issue
4/10/2025 9:38 AM
130 That it’s not fenced in. Dogs run off, bother neighbors, nearby animals. Owners don’t pay attention or don’t care
4/10/2025 8:09 AM
131 Fences so dogs don’t run off 4/10/2025 7:58 AM
132 Safety of dogs at the park, their vaccinations status, crazy dog owners at the park. 4/10/2025 7:51 AM 133 It needs to be fully fenced 4/10/2025 7:03 AM
134 The abuse that is mentioned by neglectful users 4/9/2025 11:11 PM 135 My dog listens so I do not have any concern 4/9/2025 11:00 PM 136 It being non fenced for off leash play time 4/9/2025 10:57 PM 137 None 4/9/2025 10:22 PM
138 None 4/9/2025 9:33 PM
139 Making sure that it stays clean, it has the right gates so dogs don’t get out. It has a little dog and big dog area.
4/9/2025 9:29 PM
140 Just needs to be fenced in. 4/9/2025 9:24 PM
141 None 4/9/2025 9:10 PM
142 None 4/9/2025 9:10 PM
143 None 4/9/2025 9:06 PM
144 N/a 4/9/2025 9:01 PM
145 Just clear rules on conduct for owners and how they must be aware of their dogs’ demeanor around other dogs and owners.
4/9/2025 8:54 PM
146 I would not feel comfortable letting my dog off leash at a park that’s close to Moraga way that’s not fenced.
4/9/2025 8:53 PM
147 Unfenced, so close to Moraga Way 4/9/2025 8:52 PM
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148 Ticks! 4/9/2025 8:50 PM
149 No concerns! 4/9/2025 8:49 PM
150 Dogs running into Moraga Way. 4/9/2025 8:46 PM
151 NA 4/9/2025 8:43 PM
152 None 4/9/2025 8:42 PM
153 None 4/9/2025 8:38 PM
154 People may not be respectful and responsible and look after the facilities 4/9/2025 8:36 PM H.1.a
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86.11% 155
2.78% 5
11.67% 21
Q4 Do you feel this location could be a long-term solution to off leash use in the community?
Answered: 180 Skipped: 5
Total Respondents: 180
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
Not Sure
ANSWER CHOICES RESPONSES
Yes
No
Not Sure
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Q5 What other feedback do you have?
Answered: 137 Skipped: 48
# RESPONSES DATE
1 Please keep it open!!! 9/28/2025 12:06 PM
2 None 9/10/2025 6:37 PM
3 N/a 9/10/2025 6:36 PM
4 Keep it open! 9/4/2025 3:55 PM
5 Thanks for opening the door to a dog friendly space in Orinda. 8/24/2025 4:15 PM 6 Through this pilot program, kids gets hurt, is the city that allowed this pilot be liable? 8/21/2025 8:24 PM 7 I’d like other parks to be open to off leash times for limited hours. The Orinda sports field in the morning for example, would be ideal, since so many families walk kids and dogs to school, it would be a natural gathering place for dog-people to hang out after kid drop off. (Versus making a special effort to get to a less convenient location ) 8/21/2025 8:23 AM
8 The thorn bushes need to be completely removed on the left side. Very painful to see our dog cry after walking through to get her ball
8/20/2025 6:56 PM
9 None 8/18/2025 10:56 AM
10 Thank you! 8/15/2025 7:27 PM
11 I hope you can fence it in :) 8/15/2025 4:09 PM
12 If cost is a concern, how about a go fund me account or other request for public donation to defray cost. Even naming rights to the park. Also how about bricks? We did this outside the City offices and Miramonte did this for their library.
8/11/2025 5:01 PM
13 No need to have fences because the off leash area is above two parking lots and it’s Basically on the third floor from the street traffic.
8/10/2025 5:32 PM
14 Great place 8/8/2025 6:13 PM
15 Orinda dog owners needs a dog park. This area, under the massive power lines where nothing can be developed is a great solution with the investment of a fence. Let’s make it happen. 8/7/2025 9:59 AM
16 no other place to go in Orinda. This is definitely needed! Or we are going back to the school yards. Your estimated cost for a fence seemed ridiculously high 8/7/2025 8:44 AM
17 None 8/5/2025 9:07 AM
18 Keep it please! It’s very much needed and appreciated. Oh, one more thought. It’s especially appreciated by us “older” dog owners (of which there are many in Orinda-Moraga) whose dogs have more energy than we do. Having a park where we can throw the ball and give them a lot of exercise while we are “slower” is so helpful !!
8/3/2025 3:24 PM
19 The location was good but there was only one other dog there. It would help to have recommended dog times so people know when to go to get a critical mass. They do that at the informal Moraga dog park.
8/3/2025 11:09 AM
20 Thank you for offering this option - I don’t think a fence is necessary if people have well trained dogs- it’s far enough from the street Maybe an easy solution could be some signs on Moraga road “dogs at play” People go entirely too fast on that street already! 8/1/2025 9:28 PM
21 Need to ensure the space stays clean. Ticks and foxtail weeds and burrs need to be addressed and prevented, so dogs are safe to be there. Drinking water station kept clean. And maintain space for humans to sit
7/31/2025 12:42 AM
22 There are a couple of broken/leaking sprinklers on and just below the grass area 7/30/2025 3:25 PM H.1.a
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23 None, good luck! 7/30/2025 9:02 AM
24 Please please, we have such a beautiful place to live and a dog park has been sorely lacking. 7/29/2025 8:33 AM 25 I like that it connects in to the harder to access Mullholland Ridge off leash dog space. 7/28/2025 7:04 PM 26 Please continue it. 7/27/2025 7:46 PM
27 Really excited that you are exploring this! There is no good off leash park anywhere close (Alamo, pt Isabel are the closest)
7/26/2025 1:23 PM
28 None 7/19/2025 5:18 PM
29 Still would need a dog park. Now I go to Walnut Creek Heather Farms, or Point Isabel, also a trail but space for dogs to socialize and play fetch and run 7/13/2025 7:31 PM
30 Partially a solution. It needs to be fenced! And other areas would be nice. 7/12/2025 9:31 AM 31 Fence needed! 7/10/2025 6:04 PM
32 Again the location is great, but may be too close to the main road to remain not fenced in. 6/26/2025 1:11 PM 33 Please bring Orinda an off leash dog park! I will help fund raise if there is a budget issue. 6/25/2025 2:59 PM 34 Please keep as off leash! No other options in the area and it is otherwise a very under utilized park and there are very limited off leash options
6/23/2025 9:47 PM
35 None right now. It’s a great spot. 6/23/2025 10:24 AM 36 Please make this a permanent fixture! Our yard is heavily landscaped/hardscaped for fire safety, so an area like this is just what my dogs need. "A tired dog is a good dog!" 6/22/2025 1:19 PM
37 Thank you for supporting dogs in the community!! 6/21/2025 3:23 PM 38 None, it is a great facility 6/20/2025 6:31 AM
39 I loved it, and maybe it will serve as an alternative to the field at OIS 6/16/2025 5:48 PM 40 I’d like to see to fence money go toward fire road access and escape routes. 6/9/2025 4:08 PM 41 Signs on Moraga Rd to help id the entrance. 6/9/2025 7:04 AM 42 Thank you for listening, off leash areas are much appreciated by the community 6/9/2025 6:05 AM 43 I think it is great that Orinda Parks & Rec is listening and responding to the needs of the community.
6/7/2025 7:35 PM
44 None 6/7/2025 6:27 PM
45 Please can we raise money for fencing? 6/7/2025 5:02 PM 46 Fence it in and more people will come!!!!! 6/7/2025 2:25 PM 47 Just a ton of gratitude. Dog parks are not just for dogs but are for community. You meet more people this way and it’s a great option for people who want to socialize with their pets but not drive to some other community’s parks. Bravo!!!
6/7/2025 12:01 PM
48 Please keep it off leash. Thank you so much! 6/2/2025 5:56 PM 49 It is too close to a very busy road and unfenced and not conveniently located 6/2/2025 12:31 PM 50 not much other than if you dog can’t behave off leash, you shouldn’t let them. 6/1/2025 9:41 PM 51 We appreciate you making this happen! Also, I’ve seen the ads in various places but many of my friends w/dogs hadn’t heard about it. I’d advise to continue advertising . 5/31/2025 7:25 AM
52 Appreciate consideration and creating a space for off leash time. Driving to Moraga was only other alternative.
5/26/2025 11:32 AM
53 Thank you for offering a pilot program; I hope the off-leash dog owners find it a good addition for their dog management.
5/19/2025 1:00 PM
54 It needs to be fenced in 5/17/2025 12:24 PM
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55 Please fence it in! My dog would run away in a non fenced in area. 5/17/2025 12:22 PM 56 Happy to have this nearby where I live! 5/17/2025 11:23 AM 57 Thank you 5/14/2025 12:38 PM
58 Fences would be the best 5/11/2025 12:18 PM
59 Rules and guideline with penalties should be communicated well 5/9/2025 11:01 AM 60 Thank you!! 5/8/2025 1:33 PM
61 This is a great idea! I wish I knew about it sooner. 5/7/2025 3:58 PM 62 None 5/7/2025 3:15 PM
63 Nothing for now. Thank you! 5/7/2025 3:11 PM
64 None 5/7/2025 11:56 AM
65 I would really love to see a more concerted effort to bring awareness to the pilot, and I hope the project will go forward.
5/6/2025 8:19 PM
66 Thanks you for piloting this! 5/6/2025 5:16 PM
67 I liked how hikers who want to hike up to the ridge don’t have to pass through the park, minimizing any unwanted interactions. It is really fantastic to have this dog park 6 minutes’ drive from my house. The dog park in WC is 20 minutes’ drive and the one in Moraga is 15, which really discourages us from going there.
5/5/2025 6:05 PM
68 It’s great having pooper scoop bags and garbage cans. People can keep it stocked through donations. Maybe some community donation benches and a water source. 5/5/2025 8:42 AM
69 Not enough parking spaces 5/4/2025 8:56 PM
70 There has got to be a lot of even the area across from the community center that is in flux - phairs - anything that could be gated for the dogs. Don’t take the only quiet small grassy area Orinda has. And this is coming from someone with 3 dogs that would love a place to have them run. But it’s got to be gated.
5/4/2025 7:39 PM
71 Looking forward to checking it out. 5/4/2025 7:06 PM 72 People to be encouraged to pick up dogs’ poop. 5/4/2025 5:15 PM 73 It needs to have a fenced area due to proximity to Moraga way. 5/4/2025 4:55 PM 74 We need more areas like this to keep dogs out of areas that they shouldn’t be off leash, like kids playgrounds and schools. As a dog owner I would love a place closer than Rancho Laguna in Moraga!
5/2/2025 8:56 PM
75 Thank you for giving this a try! 5/2/2025 4:16 PM
76 I am happy to see this. Dogs are a big part of our families and communities and the city should supply good healthy environment for socialized dogs to be social and exercise and have fun. Thank you for caring about our faimilies and dogs! 5/2/2025 6:23 AM
77 Fence 5/1/2025 4:23 PM
78 Maybe put a QR code to request survey responses and print it out and place it at the park would love maybe some dog bowls by the water fountain thank you for offering this park for dogs!!
4/30/2025 1:14 PM
79 Would love for continued improvements, like a play structure in place of the never used bocce and horse shoe area.
4/30/2025 12:38 PM
80 I love it!! Thanks 4/29/2025 5:49 PM
81 Support! 4/29/2025 11:26 AM
82 Strongly support. 4/29/2025 8:47 AM
83 I would like to fill this survey out again when I visit the park, but I’m so excited to hear that Orinda is finally making a park for all the pet parents! 4/25/2025 10:57 AM
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84 Need to get the word out so other dog owners know to go there. Consider having recommended hours so people are more likely to show up with their dogs at the same time. 4/21/2025 4:20 PM
85 Love this idea for the community. 4/21/2025 3:25 PM
86 since it's so close to moraga way, I would be more likely to visit the dog park in the future if it was fenced. cool idea, thank you!
4/21/2025 11:12 AM
87 What are the allowed hours? Can’t find those posted anywhere. Thanks 4/21/2025 10:23 AM 88 Extremely excited to do so when our dog is fully vaccinated! We were desperate with our last dog to have a good place for exercise and socialization. Our new puppy and us thank you in advance!
4/20/2025 2:24 PM
89 Very happy to see Orinda piloting this project in a under utizlized space that would make a great fit for a long term dog park. There are a lot of families in Orinda with dogs that could enjoy using the space.
4/19/2025 11:22 AM
90 Thank you for the pilot / this was definitely a missing option in Orinda 4/19/2025 11:18 AM 91 Thank you. We really need an off leash dog park 4/18/2025 3:23 PM 92 it always depends on the dog owners...it has all the qualifications of being a wonderful dog park...if owners pick up after their dogs and only bring friendly dogs..it will be great! 4/18/2025 9:30 AM
93 Thank you for adding another option for off-leash dogs 4/17/2025 10:44 PM 94 I will take my dog there and give it a try 4/17/2025 9:50 PM 95 None. Thanks for considering this. I’m for it. 4/17/2025 3:30 PM 96 Excited for a fence and for it to become permanent. We need this! 4/15/2025 3:54 PM 97 Happy about the pilot program. 4/14/2025 8:48 PM
98 see above 4/14/2025 7:47 PM
99 Orinda needs an off leash dog park, and this is it! So excited for this fantastic addition to our community.
4/14/2025 7:37 PM
100 Let’s keep this open and improve incrementally for dog use. 4/14/2025 3:59 PM 101 We desperately need this, and ideally more than one dog park! So excited about it. Thank you for hearing our dog lovers, of which there are many in Orinda. In addition to serving the community, this will hopefully help reduce conflict in the community. 4/14/2025 8:36 AM
102 I think an off leash option is much needed and very glad you are exploring it. 4/13/2025 11:35 AM 103 It is a perfect leash free space 4/13/2025 11:32 AM 104 We need more places to encourage community…there is a wonderful group of dog owners that would meet at del Rey and that is no longer an option. Orinda in general needs to have more community welcoming spaces.
4/13/2025 10:43 AM
105 Leave as is. It can be on leash or off leash any time of day. It is the owners responsibility of controlling and picking up after their dog.
4/13/2025 8:50 AM
106 had suggested this spor years ago - orinda needs a dog park. this area gets very little use and would be better utilized as a dog park
4/12/2025 10:05 PM
107 Orinda needs a dog park to keep dogs out of the school playgrounds 4/12/2025 7:42 PM 108 Thank you for pursuing a fantastic way to bring neighbors together! A dedicated off-leash dog park for Orinda is long overdue.
4/12/2025 7:09 PM
109 I would go regularly if there's a separate fenced-in area for small dogs. 4/10/2025 9:37 PM 110 I have a small dog and we desperately want a place for her to play and run off leash. Love this idea!
4/10/2025 1:44 PM
111 Off leash area needs to be safe from cars and ideally have space for dog owners to walk/exercise, too.
4/10/2025 1:19 PM
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112 Would love to see this happen! 4/10/2025 10:44 AM
113 More spaces for dogs, thank you! 4/10/2025 9:38 AM
114 If fenced in it could be a great addition to the community 4/10/2025 8:09 AM 115 Go for it. Lots of dog lovers looking for safe place to exercise their dogs. 4/10/2025 7:58 AM 116 Thank you for piloting this idea 4/10/2025 7:51 AM
117 Love the idea 4/9/2025 11:11 PM
118 Great idea for off leash area 4/9/2025 11:00 PM
119 If you fence it, it would be amazing! There aren’t enough safe options for dogs in the area. 4/9/2025 10:57 PM 120 Add a fenced location in Orinda too 4/9/2025 10:22 PM 121 This is much needed in Orinda, hopefully dog owners will stop using the schools as an off leash dog area and use this facility.
4/9/2025 9:55 PM
122 Separate area for dogs less than 35lbs- seen this work really well at other dog parks. 4/9/2025 9:42 PM 123 I’m all for an off leash dog park 4/9/2025 9:33 PM
124 Thank you for finally adding this to our neighborhood 4/9/2025 9:29 PM 125 Would love to have Orinda dog park! Will go soon 4/9/2025 9:06 PM 126 N/a 4/9/2025 9:01 PM
127 Really appreciate this! 4/9/2025 8:54 PM
128 Can a fence be added to keep dogs from running into traffic? 4/9/2025 8:53 PM 129 I think it will be great when it is fenced 4/9/2025 8:52 PM 130 The idea is long overdue. On another note- Teens also need some activities and places to hang out.
4/9/2025 8:50 PM
131 Please create an off leash dog park! 4/9/2025 8:49 PM 132 I’ve lived in Orinda for 18 years but have never been to that park! (I often frequent Mulholland Ridge). I think it would be nice having a dog park in Orinda and that seems like the perfect spot since it’s not ever busy and would be a nice addition to our community. 4/9/2025 8:46 PM
133 It would be great to have a fenced off leash park in Orinda 4/9/2025 8:43 PM 134 Would love to see fence small dog and big dog area, water fountain for dogs, and either decomposed granite and/or turf installed to prevent mud and damage to grass. 4/9/2025 8:43 PM
135 None 4/9/2025 8:42 PM
136 There are likely more places we could use in this way. I am in support of off leash areas. 4/9/2025 8:38 PM 137 I think it would be beneficial and may stop dog owners from using the school fields despite them being a no dog zone
4/9/2025 8:36 PM
H.1.a
Packet Pg. 151 Attachment: Survey Results (3719 : Pilot Off-Leash Program Update)
OFF LEASH
DOG PARK
PILOT PROGRAM AT
ORINDA OAKS PARK
NOW OPEN
SCAN QR CODE FOR
UPDATES ABOUT
PILOT PROGRAM
WWW.CITYOFORINDA.ORG
*NON-FENCED SPACE
H.1.b
Packet Pg. 152 Attachment: Pilot Program Flyer with QR Code (3719 : Pilot Off-Leash Program Update) City Council
Staff Report
Agenda Item: H.2
Date: October 7, 2025
Department: City Clerk
AGENDA TITLE: Filling Vacancy on the Traffic Safety Advisory Committee RECOMMENDATION:
Consider appointment of Craig Beckerman to the Traffic Safety Advisory Committee or provide direction to Staff on interview process or further recruitment.
BACKGROUND:
There is currently an unscheduled vacancy on Traffic Safety Advisory Committee due to recent resignations of Daryl Soe, effective September 3, 2025. His term was set to expire in February 2027.
DISCUSSION:
As required, public notices were posted following receipt of his resignation. Recruitment efforts were also conducted through the City’s newsletters and social media.
Following this outreach the attached Statement of Interest was received from Craig Beckerman. No other Statements of Interest were received.
The City Council may choose to
1. Appoint Mr. Beckerman at this meeting based on his Statement of Interest.
2. Direct staff to arrange an interview with the Mayor, a Council Subcommittee, or the full Council prior to making a final decision.
3. Continue the recruitment efforts.
If appointed Mr. Beckerman would fill the remainder of Daryl Soe’s term, expiring February 2027.
FISCAL IMPACT
None.
ATTACHMENTS:
A. Craig Beckerman - Statement of Interest
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
H.2
Packet Pg. 153
Approved by:
H.2
Packet Pg. 154
H.2.a
Packet Pg. 155 Attachment: Craig Beckerman - Statement of Interest (3713 : Committee Appointment or Process TSAC) City Council
Staff Report
Agenda Item: H.3
Date: October 7, 2025
Department: City Clerk
AGENDA TITLE: Designation of Voting Delegate and Alternate at the League of California Cities Annual Conference
RECOMMENDATION:
Designate Voting Delegate and Alternate for the League of California Cities Annual Business Meeting at the October 8-10, 2025 League Annual Conference BACKGROUND:
The City of Orinda participates as a member of the League of California Cities. As an organization the League strives to be the leading advocate for the common interests of California's cities. Their mission statement is:
“To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.”
DISCUSSION:
The League of California Cities 2025 Annual Conference is scheduled for October 8-10.
An important part of the Annual Conference is the Annual Business Meeting. At this meeting, the League membership considers and acts on resolutions that establish League policy.
To vote at the Annual Business Meeting, the City Council must designate a voting Delegate and potential Alternate. This year, Mayor Malkani and Councilmember Hoxie are registered to attend. The City Council may wish to consider them as the Delegate and Alternate this year.
Attachment A outlines the requirements and voting procedures. Please note that although the deadline for City Council action on the form is listed as September 24, 2025, Staff confirmed with the League that the form can be submitted on October 8 and still be accepted.
ATTACHMENTS:
A. Designation of Voting Delegates and Alternates Form and Information Respectfully Submitted by:
Sheri Smith
City Clerk
H.3
Packet Pg. 156
Prepared By: Sheri Smith, City Clerk
Approved by:
H.3
Packet Pg. 157
H.3.a
Packet Pg. 158 Attachment: Designation of Voting Delegates and Alternates Form and Information (3710 : Designation of Voting Delegates and Alternates LCC H.3.a
Packet Pg. 159 Attachment: Designation of Voting Delegates and Alternates Form and Information (3710 : Designation of Voting Delegates and Alternates LCC H.3.a
Packet Pg. 160 Attachment: Designation of Voting Delegates and Alternates Form and Information (3710 : Designation of Voting Delegates and Alternates LCC H.3.a
Packet Pg. 161 Attachment: Designation of Voting Delegates and Alternates Form and Information (3710 : Designation of Voting Delegates and Alternates LCC