Orinda City Council
December 16, 2025

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, December 16, 2025
07:00 PM
Orinda Library Auditorium
26 Orinda Way, Orinda, CA
Zoom Webinar Link: https://www.tinyurl.com/OrindaCityCouncil YouTube: https://www.youtube.com/@cityoforinda9535/streams HOW TO 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 choose not to submit a speaker card or decline to provide the requested information on the card. After the City Council has heard from everyone who submitted a speaker card, anyone who has not submitted 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 the instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3 pm on the day of the meeting. Those comments will be forwarded to the City Council. They will also be part of the public record and available for viewing in the public review binder at Orinda City Hall, located at 22 Orinda Way. In addition, they will be available electronically by 5 pm on the day of the meeting by selecting the date of the meeting in this Box account link: https://tinyurl.com/Orinda-Public-Comment Remote Comments: Remote Public Comments have been discontinued for the foreseeable future. This does not include teleconference locations.

Assisted Listening Devices: Assisted listening devices are available on the table in the rear of the Auditorium.

CALL TO ORDER/ROLL CALL
Councilmembers: Darlene Gee, Cara Hoxie, Janet Riley
Vice Mayor Brandyn Iverson, Mayor Latika Malkani

PLEDGE OF ALLEGIANCE
A.

B.

ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

ITEMS FOR THE GOOD OF THE CITY
Introduce Amalie Zahradnickova, Tabor Visiting Student and Recognize the Acalanes School District and Miramonte High School for their Educational Support
Mayor's Award of Excellence - Moraga Orinda Fire District Mayor's Award of Excellence - Orinda Tabor Sister City Foundation

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.

CONSENT CALENDAR
Approval of City Council Minutes Page 7
The City Council will consider approval of the Minutes from the December 2, 2025, Meeting.

RECOMMENDATION:

Approve City Council Minutes of December 2, 2025.

Fiscal Year 2024-25 Annual Comprehensive Financial Audit Report and other compliance reports

The Annual Comprehensive Financial Report (ACFR), which contains the Auditor’s Opinion, for the fiscal year ending June 30, 2025, is complete and ready for City Council acceptance. The auditors have given the City an unmodified or “clean” opinion on the ACFR. This is shown as the Independent Auditors’ Opinion letter in C.

D.

D.1
D.2
D.3
E.

F.

F.1
F.2
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the audit report. In addition to the ACFR, there are four other compliance reports being presented for acceptance.

RECOMMENDATION:

Accept the Annual Comprehensive Financial Report (ACFR); Transportation Development Act Funds Report (TDA); Appropriations Limit Report; Report on Internal Controls (ROIC); and Required Communication for the Fiscal Year ended June 30, 2025.

Fiscal Year 2024-25 Development Impact Fee (AB 1600) Report Page 59 State law requires the City to review and report on an annual basis the status of development fees collected to finance public improvements. The Annual Report, which is shown as an attachment to this staff report (Attachment A), complies with the requirements of the Mitigation Fee Act.

RECOMMENDATION:

Adopt Resolution 66-25 Accepting the FY 2024-25 Development Impact Fee Report and Make Findings Regarding the Continuing Need for Unexpended Balances of Development Impact Fees as of June 30, 2025.

Local Agency Special Tax and Bond Accountability Act (SB 165) Report FY 2024-25

To be in compliance with the Local Agency Special Tax and Bond Accountability Act (Government Code Sections 50075.3 and 53411 of the State of California), City Council must accept and file the reports for the Local Agency Special Taxes for the Fiscal Year ended June 30, 2025.

RECOMMENDATION:

Receive and file the Special Tax and Accountability Act Report for the Fiscal Year Ended June 30, 2025.

Introduction of Ordinance - Changes to the Orinda Municipal Code to Reflect 2025 California Building Code Update

The City Council will consider the introduction of Ordinance 25-07 to change the Orinda Municipal Code related to the 2025 edition of various State code sections.

Additionally, the City Council will review Resolution 63-25, adopting Contra Costa County’s Findings in Support of Changes, Additions and Deletions to Statewide Building Standards Code and introducing the City’s findings regarding the need for modifications to the California Green Building Standards Code, which find that the modifications to the Building Codes are reasonably necessary because of local climatic, geological, and topographical conditions and which are in conformance with the requirements of State Assembly Bill 130.

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RECOMMENDATION:

Introduce Ordinance 25-07, which includes a determination that it is exempt from the California Environmental Quality Act (“CEQA”), waiving a full reading.

Camino Pablo Median Landscape Improvements Project (Project No. 5019) Design Approval and Construction Contract

The City Council will consider approving a design and awarding a construction contract to Marina Landscape, Inc. for the Camino Pablo Median Landscape Improvements Project (Project No. 5019). Developed to enhance evacuation efficiency and emergency vehicle access along one of Orinda’s primary emergency routes, the Project includes two new median openings, updated irrigation, landscaping, traffic safety improvements, and installation of a Qwick Kurb delineation system.

RECOMMENDATION:

Approve the design for the Camino Pablo Median Landscape Improvements (Project No. 5019) and award the construction contract to Marina Landscape, Inc. of Orange, California, in the amount of $202,085 and authorize the City Manager to approve contract change orders up to 15% ($30,315). The total authorized amount, including contingency, is $232,400.

PUBLIC HEARING

POLICY MATTERS
Proposed Solid Waste Rate Adjustments for Orinda Residential and Commercial Customers for March 1, 2026, to February 28, 2027

The City Council will review, discuss, and receive public input on the proposed solid waste rate adjustments in order to provide input to the City’s two representatives, Councilmembers Gee and Riley, who serve on the RecycleSmart Joint Powers Authority Board of Directors, for consideration of rate adjustments to be effective March 1, 2026.

RECOMMENDATION:

Review, discuss, and receive public input on the proposed solid waste rate adjustments.

Selection of Mayor for a Term Beginning December 2025 through December 2026
Selection of Vice Mayor for a Term Beginning December 2025 F.6
G.

H.

H.1
H.2
H.3
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through December 2026
Oath of Office to New Mayor and Vice Mayor
Acknowledge Service to the Community of Outgoing Mayor Latika Malkani

COUNCILMEMBERS' REPORTS

CITY MANAGER'S REPORT

MATTERS INITIATED
ADJOURNMENT (Refreshments in Library Art Gallery Immediately Following Meeting.)
Please visit the City's website at www.cityoforinda.gov to view the City Council Meeting 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.gov. 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 available on the City's website at www.cityoforinda.gov ~Notices~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discetion. 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.gov. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~Accessible Public Meetings~
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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.

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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: December 16, 2025
SUBJECT:

Approval of City Council Minutes
EXECUTIVE SUMMARY:

The City Council will consider approval of the Minutes from the December 2, 2025, Meeting.

RECOMMENDATION:

Approve City Council Minutes of December 2, 2025.

STRATEGIC PLAN INITIATIVE:

Not Applicable.

ATTACHMENTS:

A. City Council Minutes of December 2, 2025.

Respectfully Submitted by,
Sheri Smith, City Clerk
Approved By:

Linda Smith, City Manager
Item F.1
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Orinda City Council Minutes Page 1 of 6 12.02.25
DECEMBER 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: Darlene Gee, Cara Hoxie, Janet Riley Mayor Latika Malkani
COUNCILMEMBERS ABSENT: Vice Mayor Brandyn Iverson
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani.

C. ADOPTION OF AGENDA
City Manager Smith requested Item D.1 be moved to the next meeting.

MOTION by Councilmember Gee, and seconded by Councilmember Hoxie, to adopt the agenda, as amended. Said motion carried by unanimous (4-0) vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of Tabor Sister City Visiting Student Amalie Zahradnickova
This item is continued to the next regular meeting.

E. PUBLIC FORUM
None.

F. CONSENT CALENDAR
There were no requests for items to be removed or public comments.

F.1. Minutes Approval
Recommendation:

Item F.1
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Orinda City Council Minutes Page 2 of 6 12.02.25
Approve City Council Minutes:

1. November 3, 2025 Closed Session

2. November 18, 2025 Regular Meeting
MOTION by Councilmember Riley moved, and seconded by Councilmember Hoxie to approve Consent Calendar Items F.1.1 and F.1.2. Said motion carried by unanimous (4-0) vote.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1. Community Park Master Plan and Improvements Update (CIP Project No. 4112)
Recommendation:

Receive report and provide direction on the phasing.

Public Works Director Scott Christie provided a PowerPoint presentation and overview of the Community Park Master Plan and Improvements (CIP Project No. 4112). He recognized the Parks and Recreation Department staff in researching options and background work to date and noted Parks and Recreation Director Todd Trimble is available for questions.

Councilmember Gee asked about the playground surface material type, and Mr. Christie said it is a pour-in-place resilient surface, which is similar to the Pine Grove playground surface.

Councilmember Riley asked about the playground surface’s lifespan. Mr. Trimble responded that the Pine Grove surface is the same material and has held up well for 10 years and should last even longer. Councilmember Riley suggested getting details from the manufacturer on warranty, expected life, material contents, and accessibility features.

Councilmember Hoxie asked whether parents of children with disabilities would help determine accessible equipment.

Mr. Trimble said they receive input from community members and will work with the designer to select inclusive elements. He noted that current pathway widths are busy but adequate.

Councilmember Hoxie also asked about reseeding grass in the project’s center; and Mr.

Trimble said it remains an option but that the existing turf and irrigation are in good condition at the present time. He added that many comments relate to shade, and the plan is to keep numerous trees along Orinda Way and provide shade structures over major elements and seating areas.

Item F.1
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Orinda City Council Minutes Page 3 of 6 12.02.25
Councilmember Riley asked about the location of two ADA parking spaces, and Mr.

Trimble identified them on the site plan near key facilities such as the Kinder Gym, existing play area, meadow, and restrooms.

Councilmember Riley also asked whether the band shell design included sound engineering input, and Mr. Trimble said experience from other agencies shows that having a wall behind performers improves sound, and staff still believes the chosen location is best.

Councilmember Riley then asked about creating a wall or patio for fundraising, and Mr.

Christie said they have not explored that yet but could consider it. Mr. Trimble added that many community members have requested fencing around the future tot and play area, noting that fence posts can also serve as dedication opportunities.

Mayor Malkani referred to the band shell option, and she asked and confirmed this design would come back to the Council and include community input.

Mr. Trimble said they have gathered various types of community input and they are comfortable with the basic proposed layout, transitioning from the existing gazebo which serves as a modest picnic area, and concert stage. They feel this would be losing the picnic area but there could be opportunity for a larger, more expansive picnic area to the side of it. In terms of community input, they would focus around the play structures, types of ADA apparatus options, and they can request feedback, colors and patterns of the different resilient surfacing, and so they were not looking for feedback to design the entire park.

Mayor Malkani asked what the budget’s landscaping line covers and whether the City’s partnership with the Garden Club—which she feels is cost-effective—might reduce the estimated $1 million cost. Mr. Christie explained that they have not evaluated that yet; the current estimate from Callander and Associates is very conceptual and only includes basics like 10 trees, turf replacement, and irrigation upgrades. He noted that the final cost could change once they move into detailed planning and determine the desired scope.

Councilmember Riley asked whether the project could be done in three phases instead of four to speed things up. City Manager Smith and Mr. Christie replied that the proposed plan is to proceed with Phase 1 first, the playgrounds next, and may be able to combine the third and fourth phases, noting that they are trying to minimize disruption to the park.

Mayor Malkani asked whether relocating the playground during the redesign would significantly reduce the existing lawn area. Mr. Trimble responded that this is not the intention. He said the lawn is heavily used in spring, summer, and fall, and staff aims to preserve the meadow areas as much as possible, using available space west of the pathway near the play area, around the tire swing, and possibly beyond.

Item F.1
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Orinda City Council Minutes Page 4 of 6 12.02.25
Councilmember Hoxie asked about seating, shade, and supervision areas for adults, as well as the possibility of a water play feature. Mr. Trimble said the design includes shaded seating, existing tables and benches, and a small reservable picnic area, but no water play area. He added that the sand feature will be removed due to surfacing conflicts and that new play equipment will offer ample activities for children.

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

City Manager Smith asked for the Council’s feedback on the proposed phasing. She noted that funding could come from prior and current year surpluses, or staff could provide a more detailed funding plan later. She suggested focusing on Phases 3 and 4 to get input on potential amenities, such as a band shell, and any other improvements not in the original Master Plan. The ADA and restroom needs are largely settled, and the staff will get community feedback on Phase 2 (playground equipment, security fencing) to be presented to the Parks Commission and Council for final decisions.

Councilmember Riley said she is excited about the concept of phasing and would like to see the project conclude in 3 versus 4 years. Regarding funding, she thinks besides grants, they should try for community support via survey and a fundraiser such as the “buy a brick” program and build a playground. She suggested use of the Community Foundation and others similar to the Light Up Orinda model where two people initially took it on and they got the foundation to take it on for the future.

She thinks what is missing in the design is a garden that maybe does not take up space but is integrated into an existing space such as within the picnic tables. There could be a medicinal garden or a fire-savvy garden or other areas that serve special purposes while people are eating and playing.

Councilmember Gee voiced support of speeding up the process, as well as upgrading the playground area which ties in with the library, farmers’ market, the food trucks, etc. and likes the idea of a garden.

Councilmember Hoxie echoed comments, thinks making the playgrounds ADA accessible and something all children can use in the community is very important, thinks shade is very important, making the paths well marked so tricycles and seniors do not run into each other, said she would like to see the meadow area improved, and thinks it is important to upgrade this as a centerpiece of the downtown for the community.

Mayor Malkani agreed with previous comments, emphasizing the importance of shade, moving the project forward quickly, and using successful community-input methods from past projects. She highlighted the need to consult Orinda Senior Village about paving, asked to partner with the Orinda Garden Club, and consider a fire-safe demonstration garden. She also stressed choosing playground materials that are safe, environmentally sustainable, and fire-resistant. Regarding amenities like the picnic area and band shell, she suggested revitalizing the Music in the Park program afterward and improving coordination with Moraga to avoid scheduling conflicts for concert nights.

Item F.1
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Orinda City Council Minutes Page 5 of 6 12.02.25
Councilmember Hoxie raised concerns about dogs in the park, noting that rubberized play surfaces and dogs are incompatible and that toddlers may fear dogs.

Mr. Trimble confirmed that dogs are not allowed in play areas and said the main challenge is off-leash use, especially in the early mornings. He added that fencing will help manage this and mentioned that improved concerts and coordination will begin this summer.

Councilmember Gee said there are very nice images in the packet and if they are going to hire someone to help further with the design, landscaping, and image, she would ask that they be able to do good visuals so the public and the Council will be able to see what it will look like.

Mayor Malkani thanked staff for their work on this, and confirmed staff had direction.

I. COUNCILMEMBER REPORTS
Councilmember Hoxie reported from the 2x2 meeting with the School District that they discussed e-bike safety and agreed more education for parents and students is needed.

The District will partner with the City on an education program. They also talked about improving safety for students riding to school—especially near the Ivy Drive crossing used by OIS students—and about sending households information on e-bike types and age requirements. Both the City and District see this as an ongoing partnership.

Councilmember Gee asked if there was feedback about the crossing guards, and City Manager Smith noted that the crossing guard topic was not on the recent 2x2 agenda for discussion.

Councilmember Riley reported the Sleepy Hollow Neighborhood Association is having festivities for the holidays—her highlight will be judging the dog costume contest. She learned that on the first Monday of the month, the Orinda Theater has $10 movies at 6:30 p.m. of 50 movies people may not have seen but should. The owner is a movie critic who is taking the movies from his book he wrote.

Mayor Malkani reported this coming weekend on December 6th; St. John’s Church has their ribbon-cutting and dinner for their new hall and she will present them with a proclamation. She and the City Manager attended the Masonic Lodge’s 75th Anniversary which was lovely. They expressed interest in working with the City with different projects they might partner with them on. She also reported on her attendance to the Cal Cities Webinar on new legislation affecting cities.

J. CITY MANAGER’S REPORT
City Manager Smith reported the following:
• www.downtownorinda.com is officially launched. Sam, the City’s intern is adding content to it on events happening in the downtown area.

Item F.1
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Orinda City Council Minutes Page 6 of 6 12.02.25
• The City is also running a social media campaign to highlight small business, called The Small Business Spotlight during the holiday season which is to help amplify the Shop Local-Dine Local campaign the Chamber of Commerce is running.
• They have WinterFest this Friday night. The Gingerbread Contest starts at 5 p.m., festivities start at 6 p.m. and more information can be found on the City’s website.
• Morrison’s Jewelers has decided to close their shop in the spring and retire after a very long time in the community. They were asked to attend a future meeting so the Council can thank them for their years of service to the community, and the City will be working closely with the property owner as to how to re-tenant that space.
• The next meeting will be the Reorganization Meeting on December 16th at 7 p.m.

The public is invited to come and celebrate with the transition for the next Mayor for the upcoming year.

K. MATTERS INITIATED – Mayor Malkani moved to hold a discussion of e-bikes, specifically how the City can work in collaboration with the School District to keep students and residents safer as they use e-bikes. Councilmember Gee seconded the motion which was unanimously supported as a future Matters Initiated.

L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:10 p.m. to the next Regular City Council Meeting on Tuesday, December 16, 2025 at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
Item F.1
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: December 16, 2025
SUBJECT:

Fiscal Year 2024-25 Annual Comprehensive Financial Audit Report and other Compliance Reports
EXECUTIVE SUMMARY:

The Annual Comprehensive Financial Report (ACFR), which contains the Auditor’s Opinion, for the fiscal year ending June 30, 2025, is complete and ready for City Council acceptance. The auditors have given the City an unmodified or “clean” opinion on the ACFR. This is shown as the Independent Auditors’ Opinion letter in the audit report. In addition to the ACFR, there are four other compliance reports being presented for acceptance.

RECOMMENDATION:

Accept the Annual Comprehensive Financial Report (ACFR); Transportation Development Act Funds Report (TDA); Appropriations Limit Report; Report on Internal Controls (ROIC); and Required Communication for the Fiscal Year ended June 30, 2025.

DISCUSSION:

The audited ACFR and other required audit compliance reports are being presented to the City Council in accordance with the Orinda Municipal Code §2.08.070(I). This year’s audits were performed by the City’s independent auditors, Badawi & Associates, Certified Public Accountants, who have vast experience in auditing local government agencies.

The auditors have given an unmodified or “clean” opinion on the ACFR. This is shown as the Independent Auditors’ Opinion letter in the audit report (page 1). A weblink to a pdf version of the ACFR document is noted below.

Weblink to the ACFR
Government Code §37208 provides that a city council is not required to approve payroll and other budgeted demands prior to issuing payment, they may be presented to the City Council for ratification and approval, in the form of an ACFR.

The City is planning to submit the FY 2024-25 ACFR for the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting award program. Orinda has received the GFOA award for the last 11 consecutive years and believes that this year’s ACFR also meets the stringent requirements to merit GFOA recognition. The Certificate of Achievement is the highest form of recognition in Item F.2
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governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

The City must also file the ACFR in accordance with disclosure agreements that were included in debt financing transactions. The deadline for submitting debt financing disclosures is March 31. The City will meet all the required legal deadlines.

In addition to the ACFR, there are three other reports for review:
 Transportation Development Act (TDA) Financial Statements Expenditure of the TDA grant funds requires auditors to prepare a separate report that is filed with MTC (Attachment A). During Fiscal Year 2024-25, the City expended $114,985 of TDA funds administered by the Metropolitan Transportation Commission (MTC). The funding was used for the Camino Pablo Pathway and Glorietta Pathway projects.
 Agreed Upon Procedures for Compliance with the Proposition 111 2025-26 Appropriation Limit Increment is required by Section 1.5 of Article XIIIB of the California Constitution. This report shows the auditors applied specific procedures, which were suggested by the League of California Cities and presented in their Article XIIIB Appropriation Limitation Uniform Guidelines, to validate the City’s calculation of the Appropriations Limit. No exceptions were noted. (Attachment B). • Report on Internal Control
In planning and performing the audit of the financial statements, Badawi & Associates considered the City’s internal control over financial reporting (internal control) as a basis for designing the auditing procedures for the purpose of expressing opinions on the financial statements. The auditors are required to communicate to the City Council any internal control matters that come to their attention during the audit. Under generally accepted auditing standards, the City’s external auditors are required to formally communicate with the governing body to convey audit matters, the scope of work, difficulties, adjustments to financial statements, or any possible disagreements with management. The City’s auditors have provided these reports in their Report on Internal Control (ROIC) for the fiscal year ending June 30, 2025 (Attachment C).
 Auditor’s Communication with Those Charged with Governance Under generally accepted auditing standards, the City’s external auditors are required to formally communicate with the governing body to convey audit matters, the scope of work, difficulties, adjustments to financial statements, or any possible disagreements with management. Professional standards require the auditor to evaluate the financial statements and assess the risk that a material misstatement could occur. Areas that are potentially more susceptible to misstatements, and thereby require special audit considerations, are designated as “significant risks” (Attachment D).

Item F.2
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FISCAL IMPACT:

There is no direct fiscal impact in accepting the FY2024-25 audit reports. Total audit and report preparation costs of $33,130 are within budget. The total fee also includes preparation costs of certain reports not requiring City Council acceptance that are transmitted directly to the California State Controller.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. TDA Financial Statements for FY 2024-25
B. Report on Appropriations Limit for FY 2025-26
C. Report on Internal Control for FY 2024-25
D. Auditor’s Communication for FY 2024-25
WEBLINKS:

A. Link to - Annual Comprehensive Financial Report for FY 2024-25

Respectfully Submitted by,
Bhavna Chaudhary, Senior Accountant
Approved By:

Linda Smith, City Manager
Item F.2
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City of
Orinda
Orinda, California
Transportation Development
Act Article III Fund
Financial Statements
For the year ending June 30, 2025
Item F.2
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City of Orinda
Transportation Development Act Article III Fund
Notes to Financial Statements
For the year ended June 30, 2025
2 Page
Independent Auditor’s Report .............................................................................................................................. 1 Financial Statements:

Balance Sheet .......................................................................................................................................................... 3 Statement of Revenues, Expenditures and
Changes in Fund Balances ............................................................................................................................. 4 Notes to Financial Statements .............................................................................................................................. 5 Report on Internal Control Over Financial Reporting, and on Compliance with the Transportation Development Act and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards....................... 7 Independent Auditor’s Report on Transportation Development Act Compliance ......................................9 Item F.2
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INDEPENDENT AUDITOR'S REPORT
To the Honorable Mayor and City Council
of the City of Orinda
Orinda, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the City of Orinda (City) Transportation Development Act Article III Fund (TDA Fund), as of and for the year ended June 30, 2025 and the related notes to the financial statements as listed in the table of contents In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the TDA Fund, as of June 30, 2025, and the change in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirement relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Emphasis of Matter
As discussed in Note 1, the financial statements present only the TDA Fund and do not purport to, and do not present fairly the financial position of the City as of June 30, 2025, the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Responsibilities of Management’s for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement, whether due to fraud or error.
1 Item F.2
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To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California

Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.

Misstatements are considered material if, individually or in the aggregate, they could reasonably be expected to influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
 Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the TDA Fund’s internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 30, 2025, on our consideration of the TDA Fund’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters.

The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the TDA Fund’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the TDA Fund’s internal control over financial reporting and compliance.

Badawi & Associates, CPA’s
Emeryville, California
November 30, 2025
2 Item F.2
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City of Orinda
Transportation Development Act
Article III Fund
Balance Sheet
June 30, 2025
2025
ASSETS
Due from MTC $ -
Total assets -

LIABILITIES
Accounts payable $ 180
Due to the City 3,168
Total Liabilities 3,348

FUND BALANCES
Unassigned (3,348)
Total Fund balances (3,348)
Total liabilities and fund balances $ -
See accompanying notes to financial statements
3 Item F.2
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City of Orinda
Transportation Development Act
Article III Fund
Statement of Revenues, Expenditures
and Changes in Fund Balance
For the years ended June 30, 2025
2025
REVENUES:

TDA Article 3.0 (Note 2) $ 240,738
Total revenues 240,738

EXPENDITURES
Camino Pablo Pathway Project 111,637
Glorietta Pathway Project 3,348
Total Expenditures 114,985
Net change in fund balances 125,753
FUND BALANCES:

Beginning of year (129,101)
End of year $ (3,348)
See accompanying notes to financial statements
4 Item F.2
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City of Orinda
Transportation Development Act Article III Fund
Notes to Financial Statements
For the year ended June 30, 2025

1. DESCRIPTION OF REPORTING ENTITY
The City of Orinda, California (City), Transportation Development Act Article III Fund (TDA Fund) includes the financial activities associated with projects funded by the State of California Transportation Development Act (TDA). The State of California created a local transportation fund for each County funded by a portion of the State sales tax.

The TDA Fund is distributed through the Metropolitan Transportation Commission (MTC) which is the agency responsible for allocation of funds to eligible claimants within the greater San Francisco Bay Area.

A. Fund Accounting
The operations of the TDA Fund are accounted for with a separate set of self- balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in the fund based upon the purpose for which they are to be spent and the means by which spending activities are controlled.

TDA Fund is presented as a separate Special Revenue Fund in the annual comprehensive financial report of the City.

B. Basis of Accounting
The accounting and reporting treatment applied to a fund is determined by its measurements focus.

All governmental funds are accounted for on a spending or “current financial resources” measurement focus. Accordingly, only current asset and current liabilities generally are included on the balance sheet. Operating statements of governmental funds present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in fund balance.

All governmental fund types are accounted for using the modified accrual basis of accounting wherein revenues are recognized in the accounting period in which they become measurable and available to pay liabilities of the current period. Expenditures are recognized in the accounting period in which the fund liability is incurred.

C. Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 5 Item F.2
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City of Orinda
Transportation Development Act Article III Fund
Notes to Financial Statements
For the year ended June 30, 2025

2. TDA ARTICLE 3.0 REVENUE
For the year ended June 30, 2025 the City recorded revenues in accordance with the allocation instructions from the Metropolitan Transportation Commission for the following projects:

Revenue Recognized
Grant For the year ended
Instruction # Project Name Award June 30, 2025
24001121 Camino Pablo Pathway 120,000 $ $ 120,000
Rehabilitation
23001025 Moraga Way Pathway 80,000 80,000
24001025 Camino Pablo Bicycle Route 40,737 40,738
Totals $ 240,737 $ 240,738
6 Item F.2
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REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND

OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Transportation Development Act Fund (TDA Fund) of the City of Orinda, California (City), as of and for the year ended June 30, 2025, and the related notes to the financial statements, and have issued our report thereon dated November 30, 2025.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements of Transportation Development Act Fund (TDA Fund) of the City of Orinda, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
7 Item F.2
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To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the TDA Fund’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Badawi & Associates, CPA’s
Emeryville, California
November 30, 2025
8 Item F.2
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INDEPENDENT AUDITORS’ REPORT ON TRANSPORTATION

DEVELOPMENT ACT FUNDS COMPLIANCE
To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California
Report on Compliance
Opinion
We have audited the City of Orinda’s (City) compliance with the types of compliance requirements described in Section 6666 of the Rules and Regulations of the California Administrative Code in the Transportation Development Act Statutes and Administrative Code for 1987 (the Act) and the allocation instructions and resolutions of the Metropolitan Transportation Commission applicable to the City’s Transportation Development Program (TDA Program) for the year ended June 30, 2025.

In our opinion the City complied, in all material respects, with the compliance requirements referred to above that are applicable to the TDA Program for the year ended June 30, 2025.

Basis for Opinion
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; Section 6666 of the Act; and the allocation instructions and resolutions of the Metropolitan Transportation Commission. Our responsibilities under those standards and the Act are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for the Act. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the City of Orinda’s TDA Program.
9 Item F.2
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To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California

Auditors’ Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on City of Orinda’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the Act will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about City of Orinda’s compliance with the requirements of the TDA Program as a whole.

In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, and the Act, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and report on internal control over compliance in accordance with the Act, but not for the purpose of expressing an opinion on the effectiveness of City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. 10 Item F.2
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To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California

Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on Section 6666 of the Rules and Regulations of the California Administrative Code in the Transportation Development Act Statutes and Administrative Code for 1987 (the Act), and the allocation instructions and resolutions of the Metropolitan Transportation Commission. Accordingly, this report is not suitable for any other purpose.

Badawi & Associates, CPA’s
Emeryville, California
November 30, 2025
11 Item F.2
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City of
Orinda
Orinda, California
Independent Accountants’ Report on
Agreed-Upon Procedures Applied to
Appropriations Limit Schedule
For the year ended June 30, 2026
Item F.2
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Item F.2
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City of Orinda
Appropriations Limit Schedule
For the year ending June 30, 2026
Table of Contents
Page
Independent Accountant’s Report on Applying Agreed-Upon Procedure ..................................................... 1 Appropriations Limit Schedule ............................................................................................................................... 3 Notes to Appropriations Limit Schedule .............................................................................................................. 4 Item F.2
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Item F.2
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INDEPENDENT ACCOUNTANTS’ REPORT
To the Honorable Mayor and City Council
of the City of Orinda
Orinda, California
We have performed the procedures enumerated below on the accompanying Appropriations Limit Schedule of the City of Orinda (City) for the fiscal year ended June 30, 2026. The City’s management is responsible for the accompanying Appropriations Limit Schedule.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of the requirements of Section 1.5 of Article XIII-B of the California Constitution.

Additionally, the League of California Cities (as presented in the publication entitled Agreed-upon Procedures Applied to the Appropriations Limitation Prescribed by Article XIII-B of the California Constitution) has agreed to and acknowledged that the procedures performed are appropriate for their purposes. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures performed and our findings are described below:

1. We obtained the completed worksheets used by the City to calculate its appropriations limit for the fiscal year ended June 30, 2026, and determined that the limit and annual calculation factors were adopted by resolution of City Council. We also determined that the population and inflation options were selected by a recorded vote of City Council.

Finding: No exceptions were noted as a result of our procedures.

2. For the accompanying Appropriations Limit Schedule, we added the prior year’s limit to the total adjustments, and agreed the resulting amount to the current year’s limit.

Finding: No exceptions were noted as a result of our procedures.

3. We agreed the current year information presented in the accompanying Appropriations Limit Schedule to corresponding information in worksheets used by the City.

Finding: No exceptions were noted as a result of our procedures.

4. We agreed the prior year appropriations limit presented in the accompanying Appropriations Limit Schedule to the prior year appropriations limit adopted by the City Council during the prior year.

Finding: No exceptions were noted as a result of our procedures.

Item F.2
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To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California
2 We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the AICPA. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the accompanying Appropriation Limit Schedule. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record, and its distribution is not limited.

Badawi & Associates, CPAs
Emeryville, California
November 30, 2025
Item F.2
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City of Orinda
Appropriations Limit Schedule
For the year ended June 30, 2026
Amount Source
A. Appropriations limit for the year ended June 30, 2025 $ 26,926,523 PY B. Calculation factors:

1. Population increase % 1.0000 State Department of Finance

2. Inflation increase (deflation decrease) 1.0644 State Department of Finance

3. Total adjustment factor % 1.0644 B1 * B2
C. Annual adjustment increase $ 1,734,068 [(B3-1)*A)]
D. Other adjustments:

Loss responsibility (-) - N/A
Transfers to private (-) - N/A
Transfers to fees (-) - N/A
Assumed responsibility (+) - N/A
E. Total adjustments 1,734,068 (C+D)
F. Appropriations limit for the year ended June 30, 2026 $ 28,660,591 (A+E) 3 Item F.2
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City of Orinda
Notes to Appropriations Limit Schedule
For the year ended June 30, 2026
4 1. PURPOSE OF LIMITED PROCEDURES REVIEW
Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes.

Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to this agreed upon procedures engagement.

2. METHOD OF CALCULATION
Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986-1987, adjusted for the inflation and population factors discussed in Notes 3 and 4 below.

3. INFLATION FACTORS
A California governmental agency may use as its inflation factor either the annual percentage change in the 4th quarter per capita personal income (which percentage is supplied by the State Department of Finance), or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City of Orinda for the fiscal year 2025-2026 represents the change in per capita income in the State of California.

4. POPULATION FACTORS
A California governmental agency may use as its population factor either the annual percentage change of the jurisdiction’s own population, or the annual percentage change in population in the County where the jurisdiction is located. The factor adopted by the City of Orinda for fiscal year 2025-2026 represents the population change in the County of Contra Costa.

5. OTHER ADJUSTMENTS
A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity. The City had no such adjustments for the fiscal year ended June 30, 2026.

Item F.2
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City of
Orinda
Orinda, California
Report on Internal Control over Financial
Reporting and on Compliance and Other
Matters based on an Audit of Financial
Statements Performed in Accordance with
Government Auditing Standards
For the year ended June 30, 2025
Item F.2
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Item F.2
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REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND

OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable Mayor and Members of the City Council
of the City of Orinda
Orinda, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Orinda (City), as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements and have issued our report thereon dated November 30, 2025.

Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We identified certain deficiencies in internal control, described in the accompanying schedule of finding and response as item 2025-001 that we consider to be significant deficiencies.

Item F.2
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To the Honorable Mayor and Members of the City Council
of the City of Orinda
Orinda, California

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

City’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to findings identified in our audit and described in the accompanying schedule of findings and responses. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Badawi & Associates, CPAs
Emeryville, California
November 30, 2025
Item F.2
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City of Orinda
Schedule of Findings and Responses
For the year ended June 30, 2025
Current Year Findings
2025-001: Restatements of Previously Issued Financial Statements – Significant Deficiency Criteria
The City is responsible for the fair presentation of the financial statements in conformity with accounting principles generally accepted in the United States of America. This includes having controls in place to detect and address errors, omissions, and misstatements in a timely manner.

Condition
During fiscal year 2024-25, the City recorded restatements due to error correction consisting of:

A. $215,734 to correct the over-depreciation of equipment in prior periods within internal service funds.

B. $4,297,475 to reverse amounts previously capitalized and reported as construction in progress (CIP) on the Statement of Net Position, which should have instead been classified as repair and maintenance expenses.

Cause
These errors occurred due to weaknesses in the City’s internal controls, specifically in the capital asset accounting and financial reporting processes.

Effect
The City’s previously issued financial statements were not fairly stated in conformity with accounting principles generally accepted in the United States of America.

Recommendation
We recommend that the City strengthen its internal controls over capital assets by enhancing review procedures for depreciation schedules and capital asset records to ensure accuracy and compliance with applicable accounting standards, and by maintaining comprehensive written policies regarding capital asset capitalization and depreciation to ensure consistent application each year.

Management Response
The City currently has robust internal controls in place to identify and correct errors and mistakes in financial reporting. When City staff identified both errors mentioned above, the City reached out to the auditors seeking their guidance on the proper corrective action. Furthermore, the City continually evaluates its internal controls and policies to guarantee compliance with applicable standards. It was this routine evaluation that led to the identification of the $4,297,475 being properly categorized as repair and maintenance in nature reinforcing that the City does maintain robust internal controls, even though in the two instances mentioned above, the timeliness could improve.

Item F.2
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City of
Orinda
Orinda, California
Auditor’s Communication with
Those Charged with Governance
For the year ended June 30, 2025
Item F.2
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Item F.2
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November 30, 2025
To the Honorable Mayor and Members
of the City Council of the City of Orinda
Orinda, California
We have audited the financial statements of the City of Orinda (City) as of and for the year ended June 30, 2025, and have issued our report thereon dated November 30, 2025. Professional standards require that we advise you of the following matters relating to our audit.

Our Responsibility in Relation to the Financial Statement Audit As communicated in our engagement letter dated May 21, 2025, our responsibility, as described by professional standards, is to form and express an opinion about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities.

Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of the system of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the system of internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.

We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process.

However, we are not required to design procedures for the purpose of identifying other matters to communicate to you.

We have provided our findings regarding significant control deficiencies over financial reporting and other matters noted during our audit in a separate letter to you dated November 30, 2025.

Item F.2
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To the Honorable Mayor and Members
of the City Council of the City of Orinda
Orinda, California

Planned Scope and Timing of the Audit
We conducted our audit consistent with the planned scope and timing we previously communicated to you.

Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, and our firm, have complied with all relevant ethical requirements regarding independence.

Significant Risks Identified
We have identified the following significant risks:
 Risk of Management Override of Internal Controls – A risk of management override of internal controls exists at any entity where management can change or decide not to perform that entity’s internal controls.
 Revenue Recognition Risk – Errors in revenue recognition can affect bond covenant ratios and the net position of the City.

Qualitative Aspects of the Entity’s Significant Accounting Practices Significant Accounting Policies
Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements.

The City adopted new accounting polieis related to financial reporting by implementing GASB Statement No. 101 Compensated Absences and GASB Statement No. 102 Certain Risk Disclosures during the fiscal year ended June 30, 2025. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.

Significant Accounting Estimates and Related Disclosures Accounting estimates and related disclosures are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.

The most sensitive accounting estimates affecting the financial statements are capital asset depreciation and useful life, fair value of investments, and other post-employment benefits (OPEB) plan assumptions.

Item F.2
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To the Honorable Mayor and Members
of the City Council of the City of Orinda
Orinda, California

Management’s estimate of capital assets depreciation and useful life, fair value of investments, and other post-employment benefits (OPEB) plan assumptions are based on historical useful lives of such assets, investment statements, and actuarial assumptions, respectively. We evaluated the key factors and assumptions used to develop the estimate of capital assets depreciation and useful life, fair value of investments and other post-employment benefits (OPEB) plan assumptions and determined that they are reasonable in relation to the basic financial statements taken as a whole and in relation to the applicable opinion units.

Financial Statement Disclosures
Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City’s financial statements relate to:
 Summary of Significant Accounting Policies
 Cash and Investments
 Long-term Debt
 Capital Assets
 Other Post-Employment Benefits
 Commitments and Contingencies
 Restatements
Significant Difficulties Encountered during the Audit
We encountered no significant difficulties in dealing with management relating to the performance of the audit.

Uncorrected and Corrected Misstatements
For purposes of this communication, professional standards also require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. The attached schedule summarizes uncorrected financial statement misstatements whose effects in the current and prior periods, as determined by management, are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.

Uncorrected misstatements or matters underlying those uncorrected misstatements could potentially cause future-period financial statements to be materially misstated, even though the uncorrected misstatements are immaterial to the financial statements currently under audit.

In addition, professional standards require us to communicate to you all material, corrected misstatements that were brought to the attention of management as a result of our audit procedures.

None of the misstatements identified by us as a result of our audit procedures and corrected by Item F.2
Packet Page 47
To the Honorable Mayor and Members
of the City Council of the City of Orinda
Orinda, California

management were material, either individually or in the aggregate, to the financial statements taken as a whole or applicable opinion units.

Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit.

Representations Requested from Management
We have requested certain written representations from management, which are included in the attached letter dated November 30, 2025.

Management’s Consultations with Other Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters.

Other Significant Matters, Findings, or Issues
In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, significant events or transactions that occurred during the year, operating and regulatory conditions affecting the entity, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City’s auditors.

Required Supplementary Information
We applied certain limited procedures to the required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.

Supplementary Information
We were engaged to report on the supplementary information which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and Item F.2
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To the Honorable Mayor and Members
of the City Council of the City of Orinda
Orinda, California

reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

Other Information Included in the Annual Reports
Pursuant to professional standards, our responsibility as auditors for the introductory and statistical sections, whether financial or nonfinancial, included in the City’s annual report, does not extend beyond the information identified in the audit report, and we are not required to perform any procedures to corroborate such other information. However, in accordance with such standards, we have read the information and considered whether such information, or the manner of its presentation, was materially inconsistent with its presentation in the financial statements.

Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent with the information, or manner of its presentation, appearing in the financial statements.

This report is intended solely for the information and use of the City Council, and management of the City and is not intended to be and should not be used by anyone other than these specified parties.

Badawi & Associates, CPAs
Emeryville, California
November 30, 2025
Item F.2
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To the Honorable Mayor and Members
of the City Council of the City of Orinda
Orinda, California

Uncorrected Misstatements
Item F.2
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November 30, 2025
Badawi & Associates, CPAs
5901 Christie Avenue, Suite 307
Emeryville, CA 94608
This representation letter is provided in connection with your audit of the financial statements of the City of Orinda, California (City) as of June, and for the year then ended, and the related notes to the financial statements, for the purpose of expressing opinions on whether the basic financial statements present fairly, in all material respects, the financial position, results of operations, and cash flows, where applicable, of the various opinion units of the City in accordance with accounting principles generally accepted for governments in the United States of America (U.S. GAAP).

Certain representations in this letter are described as being limited to matters that are material. Items are considered material, regardless of size, if they involve an omission or misstatement of accounting information that, in the light of surrounding circumstances, there is a substantial likelihood that, individually or in the aggregate, they would influence the judgement made by a reasonable user based on the financial statements.

We confirm that, to the best of our knowledge and belief, having made such inquiries as we considered necessary for the purpose of appropriately informing ourselves as of November 30, 2025:

Financial Statements

1. We have fulfilled our responsibilities, as set out in the terms of the audit engagement letter dated May 21, 2025, for the preparation and fair presentation of the financial statements of the various opinion units referred to above in accordance with U.S. GAAP.

2. We acknowledge our responsibility for the design, implementation, and maintenance of the system of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

3. We acknowledge our responsibility for the design, implementation, and maintenance of internal control to prevent and detect fraud.

4. We acknowledge our responsibility for compliance with the laws, regulations, and provisions of contracts and grant agreements.

5. We have reviewed, approved, and taken responsibility for the financial statements and related notes.

6. We have a process to track the status of audit findings and recommendations. 








 
  

Item F.2
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7. We have identified and communicated to you all previous audits, attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented.

8. The methods, data, and significant assumptions used by us in making accounting estimates and their related disclosures, are appropriate to achieve recognition, measurement, or disclosure that is reasonable in the context of the applicable financial reporting framework.

9. All related party relationships and transactions have been appropriately accounted for and disclosed in accordance with the requirements of U.S. GAAP.

10. All events subsequent to the date of the financial statements and for which U.S. GAAP requires adjustment or disclosure have been adjusted or disclosed.

11. The effects of uncorrected misstatements summarized in the attached schedule and aggregated by you during the current engagement are immaterial, both individually and in the aggregate, to the applicable opinion units and to the financial statements as a whole.

12. The effects of all known actual or possible litigation and claims have been accounted for and disclosed in accordance with U.S. GAAP.

13. All component units, as well as joint ventures with an equity interest, are included and other joint ventures and related organizations are properly disclosed.

14. All funds and activities are properly classified.

15. All funds that meet the quantitative criteria in GASB Statement No. 34, Basic Financial Statements—and Management's Discussion and Analysis—for State and Local Governments, GASB Statement No. 37, Basic Financial Statements—and Management's Discussion and Analysis—for State and Local Governments: Omnibus as amended, and GASB Statement No. 65, Items Previously Reported as Assets and Liabilities, for presentation as major are identified and presented as such and all other funds that are presented as major are considered important to financial statement users.

16. All components of net position, nonspendable fund balance, and restricted, committed, assigned, and unassigned fund balance are properly classified and, if applicable, approved.

17. Our policy regarding whether to first apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position/fund balance are available is appropriately disclosed and net position/fund balance is properly recognized under the policy.

18. All revenues within the statement of activities have been properly classified as program revenues, general revenues, contributions to term or permanent endowments, or contributions to permanent fund principal.

19. All expenses have been properly classified in or allocated to functions and programs in the statement of activities, and allocations, if any, have been made on a reasonable basis.

20. All interfund and intra-entity transactions and balances have been properly classified and reported.

21. Deposit and investment risks have been properly and fully disclosed. 








 
  

Item F.2
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22. Capital assets, including infrastructure assets, are properly capitalized, reported, and if applicable, depreciated.

23. All required supplementary information is measured and presented within the prescribed guidelines.

24. With regard to investments and other instruments reported at fair value:
a. The underlying assumptions are reasonable and they appropriately reflect management’s intent and ability to carry out its stated courses of action. b. The measurement methods and related assumptions used in determining fair value are appropriate in the circumstances and have been consistently applied. c. The disclosures related to fair values are complete, adequate, and in accordance with U.S.

GAAP.
d. There are no subsequent events that require adjustments to the fair value measurements and disclosures included in the financial statements.

25. With respect to providing assistance in preparation of the financial statements and related notes of the City, we have performed the following:
a. Made all management decisions and performed all management functions; b. Assigned a competent individual to oversee the services; c. Evaluated the adequacy of the services performed;
d. Evaluated and accepted responsibility for the result of the service performed; and e. Established and maintained controls, including the process to monitor the system of internal control.

Information Provided

26. We have provided you with:
a. Access to all information, of which we are aware that is relevant to the preparation and fair presentation of the financial statements of the various opinion units referred to above, such as records, documentation, meeting minutes, and other matters; b. Additional information that you have requested from us for the purpose of the audit; and c. Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence.

27. The financial statements and any other information included in the annual report are consistent with one another, and the other information does not contain any material misstatements.

28. All transactions have been recorded in the accounting records and are reflected in the financial statements.

29. We have disclosed to you the results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud.









 
  

Item F.2
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30. We have provided to you our analysis of the entity’s ability to continue as a going concern, including significant conditions and events present, and if necessary, our analysis of management’s plans, and our ability to achieve those plans.

31. We have no knowledge of any fraud or suspected fraud that affects the entity and involves:
a. Management;
b. Employees who have significant roles in internal control; or c. Others where the fraud could have a material effect on the financial statements.

32. We have no knowledge of any allegations of fraud, or suspected fraud, affecting the entity’s financial statements communicated by employees, former employees, vendors, regulators, or others.

33. We have disclosed to you all known actual or possible litigation, claims, and assessments whose effects should be considered when preparing the financial statements.

34. We have disclosed to you the identity of the entity’s related parties and all the related party relationships and transactions of which we are aware.

35. There have been no communications from regulatory agencies concerning noncompliance with or deficiencies in accounting, internal control, or financial reporting practices.

36. The City has no plans or intentions that may materially affect the carrying value or classification of assets and liabilities.

37. We have disclosed to you all guarantees, whether written or oral, under which the City is contingently liable.

38. We have disclosed to you all nonexchange financial guarantees, under which we are obligated and have declared liabilities and disclosed properly in accordance with GASB Statement No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees, for those guarantees where it is more likely than not that the entity will make a payment on any guarantee.

39. For nonexchange financial guarantees where we have declared liabilities, the amount of the liability recognized is the discounted present value of the best estimate of the future outflows expected to be incurred as a result of the guarantee. Where there was no best estimate but a range of estimated future outflows has been established, we have recognized the minimum amount within the range.

40. We have disclosed to you all significant estimates and material concentrations known to management that are required to be disclosed in accordance with GASB Statement No. 62 (GASB62), Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and AICPA Pronouncements. Significant estimates are estimates at the balance sheet date that could change materially within the next year. Concentrations refer to volumes of business, revenues, available sources of supply, or markets or geographic areas for which events could occur that would significantly disrupt normal finances within the next year.

41. We have identified and disclosed to you the laws, regulations, and provisions of contracts and grant agreements that could have a direct and material effect on financial statement amounts, including legal and contractual provisions for reporting specific activities in separate funds. 








 
  

Item F.2
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42. There are no:
a. Violations or possible violations of laws or regulations, or provisions of contracts or grant agreements whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency, including applicable budget laws and regulations.
b. Unasserted claims or assessments that our lawyer has advised are probable of assertion and must be disclosed in accordance with GASB-62.
c. Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by GASB-62
d. Continuing disclosure consent decree agreements or filings with the Securities and Exchange Commission and we have filed updates on a timely basis in accordance with the agreements (Rule 240, 15c2-12).

43. The City has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset or future revenue been pledged as collateral, except as disclosed to you.

44. We have complied with all aspects of grant agreements and other contractual agreements that would have a material effect on the financial statements in the event of noncompliance.

45. We have provided to you our views on reported audit findings, conclusions, and recommendations, as well as planned corrective actions.

46. The City has satisfactory title to all owned assets (not right to use assets that are leased), and there are no liens or encumbrances on such capital assets; nor has the City pledged any capital assets as collateral.

47. There have been no cybersecurity breaches or other cyber events whose effects should be considered for disclosure in the financial statements, as a basis for a loss contingency, or otherwise considered when preparing the financial statements.

48. The significant judgements made in making the accounting estimates have taken into account all relevant information of which we are aware.

49. We have consistently and appropriately selected and applied methods, assumptions, and data when making the accounting estimates.

50. The assumptions we used in making and disclosing accounting estimates appropriately reflect our intent and ability to carry out specific courses of action on behalf of the City when relevant to the accounting estimates and disclosures.

51. The disclosures related to accounting estimates, including those disclosures describing estimation uncertainty, are complete and are reasonable in the context of the applicable financial reporting framework.

52. We have obtained and applied appropriate specialized skills and expertise in making the accounting estimates.

53. We are not aware of any events subsequent to the date of the financial statements that require adjustment to our accounting estimates and related disclosures included in the financial statements.









 
  

Item F.2
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54. We agree with the findings of specialists in evaluating the amounts related to the City’s OPEB plan estimates and have adequately considered the qualifications of the specialist in determining the amounts and disclosures used in the financial statements and underlying accounting records.

We did not give or cause any instructions to be given to specialists with respect to the values or amounts derived in an attempt to bias their work, and we are not otherwise aware of any matters that have had an impact on the independence or objectivity of the specialists.

55. We believe that the actuarial assumptions and methods used to measure the other postemployment benefit liabilities and costs for financial accounting purposes are appropriate in the circumstances.

56. With respect to the required supplementary information (RSI) accompanying the financial statements:
a. We acknowledge our responsibility for the presentation of the RSI in accordance with U.S.

GAAP.
b. We believe the RSI, including its form and content, is measured and fairly presented in accordance with U.S. GAAP.
c. The methods of measurement or presentation have not changed from those used in the prior period.
d. There were no significant assumptions or interpretations underlying the measurement or presentation of the RSI.

57. With respect to the supplementary information (Supplementary Information) on which an inrelation opinion is issued accompanying the financial statements:
a. We acknowledge our responsibility for the presentation of the Supplementary Information in accordance with U.S. GAAP.
b. We believe the Supplementary Information, including its form and content, is fairly presented in accordance with U.S. GAAP.
c. The methods of measurement or presentation have not changed from those used in the prior period.
d. There were no significant assumptions or interpretations underlying the measurement of the Supplementary Information.
e. When the Supplementary Information is not presented with the audited financial statements, management will make the audited financial statements readily available to the intended users of the Supplementary Information no later than the date of issuance by the entity of the Supplementary Information and the auditor’s report thereon. f. We acknowledge our responsibility to include the auditor’s report on the Supplementary Information in any document containing the Supplementary Information and that indicates the auditor reported on such Supplementary Information. g. We acknowledge our responsibility to present the Supplementary Information with the audited financial statements or, if the Supplementary Information will not be presented 








 
  

Item F.2
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with the audited financial statements, to make the audited financial statements readily available to the intended users of the Supplementary Information no later than the date of issuance by the entity of the Supplementary Information and the auditor’s report thereon.

Linda Smith Douglas Alessio
City Manager Administrative Services Director









 
  

Item F.2
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UNCORRECTED MISSTATEMENTS:









 
  

Item F.2
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: December 16, 2025
SUBJECT:

Fiscal Year 2024-25 Development Impact Fee (AB 1600) Report EXECUTIVE SUMMARY:

State law requires the City to review and report on an annual basis the status of development fees collected to finance public improvements. The Annual Report, which is shown as an attachment to this staff report (Attachment A), complies with the requirements of the Mitigation Fee Act.

RECOMMENDATION:

Adopt Resolution 66-25 Accepting the FY 2024-25 Development Impact Fee Report and Make Findings Regarding the Continuing Need for Unexpended Balances of Development Impact Fees as of June 30, 2025.

BACKGROUND:

The City of Orinda, like many other local agencies, levies fees (“development fees”) on new development within the City to fund public capital improvements necessitated by such development. The California Mitigation Fee Act, commonly known as AB1600 (California Government Code Sections 66000 and following), regulates how public agencies collect, maintain, and expend impact fees imposed on developers for the purpose of defraying costs of public facilities. It also includes requirements for annual accounting and reporting of the fees. In the event any fees remain unexpended for more than five years, the City Council must adopt a resolution making certain findings related to the continued need for the funds to complete the improvements. If the required findings are not made, the unexpended funds shall be refunded to the current property owners.

Historically in the City of Orinda, the required City Council review of the annual report of the impact fee has been achieved through the City Council’s acceptance of a report containing the required information.

DISCUSSION:

Staff has reviewed the fees enacted by the City of Orinda that qualify as Impact Fees under the provisions of the State Code. The following development fees were determined to be covered by the Mitigation Fee Act:
 Transportation Impact Fees
Item F.3
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 Drainage Impact Fees
 Park Dedication Fees
As required by law, these fees are segregated from the General Fund and accounted for in special revenue funds and reported discreetly as part of the Annual Comprehensive Financial Report and Audit. Expenditures from these funds were in the form of capital improvement projects to either renovate existing facilities or maintain the existing level of service, consistent with the General Plan and approved Capital Improvement Plan, due to increased demand related to development projects.

Government Code Section 66001 requires that the City make available to the public information for each development impact fees, recorded in a separate fund, within 180 days after the end of each fiscal year:
 A brief description of the type of development fee within the account or fund.  The amount of the development fee.
 The beginning and ending fund balance for the fiscal year.  The amount of development fees collected, and interest earned.  An identification of each public improvement on which development fees were expended together with the amount of such expenditures, including the total percentage of the cost of the public improvement that was funded with fees.  Information regarding the schedule for commencement of certain public improvements to be funded with development fees.
 Determination that sufficient funds have been collected to complete financing on an incomplete public improvement.
 A description of any inter-fund transfers or loans made from the fund.  The amount of any refunds made.

One separate provision in the California Government Code Section 66001 is to regularly review funds collected and held for more than five years and to make certain findings to continue to hold those funds. Staff has analyzed the balance of monies held in each Impact Fee Fund, at the end of Fiscal Year 2024-25 and compared it to the total Impact fees collected from July 1, 2020, through June 30, 2025 (5-Year Period). According to this review, $31,377 in drainage impact fees and $445,973 in park dedication impact fees had been held for longer than five years. The analysis has determined that all funds held for more than five years are necessary to complete identified projects in the Fiscal Years 2025-26 – 2029-30 Capital Improvement Plan which is summarized in the table on page 4 of the FY 2024-25 Developer Impact Fee Report (Attachment A).

In addition, Government Code Section 66006(b)(2) requires the report to be included on the City Council meeting agenda at a public meeting not less than 15 days after the information was made available. Staff posted a Notice of Availability on November 25, 2025, indicating that the report would be available effective December 1, 2025. The Notice of Availability of the Report was posted in the established City notice posting locations. The Government Code Section also requires that the notice of the meeting shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written Item F.3
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request with the local agency. Thus, the City notified the Bay Area Building Industry Association.

FISCAL IMPACT:

There is no fiscal impact associated with the receipt and filing of this report. As of June 30, 2025, no refund of development impact fees is required.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. FY 2024-25 Developer Impact Fee Report
B. Resolution 66-25
Respectfully Submitted by,
Lashun Cross, Director of Planning
Approved By:

Linda Smith, City Manager
Item F.3
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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

A. LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING California Government Code §66000 discusses development fees, what they are and how they are to be used. Development fees under AB1600 are not a tax or special assessment, but a monetary exaction that is charged by a local agency to the applicant in connection with the approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. State law requires any local agency that imposes development impact fees to prepare an annual report providing certain information about those fees.

Specifically, California Government Code §66006(b) requires the local agency to make the following information available to the public within 180 days of the last day of each fiscal year for each development impact fee, which must be accounted for in a separate fund:
a. A brief description of the type of fee within the account or fund. b. The amount of the fee.
c. The beginning and ending balance of the account or fund. d. The amount collected and interest earned.
e. An identification of each public improvement on which the fees were expended and the amount of expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with the fees.
f.
i. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. ii. An identification of each public improvement identified in a previous report pursuant to clause (i) and whether construction began on the approximate date noted in the previous report.
iii. For a project identified pursuant to clause (ii) for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. g. A description of each interfund transfer or loan made from the account or fund including the public improvement on which the transferred or loaned fees will be expended, and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
h. The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeded the amount to be refunded.

In addition, California Government Code Section 66001(d) requires the local agency to make the following findings for the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put,
• Demonstrate a reasonable relationship between the fee and the purpose for which it is charged,
• Identify all sources and amounts of funding anticipated to complete financing on incomplete improvements, and
Item F.3
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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

• Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

B. DESCRIPTION OF THE CITY’S IMPACT FEES
The City of Orinda has established the following Development Impact Fee which are subject to annual reporting as part of the Mitigation Fee Act provisions in California Government Code (CGC) Section 66000 et seq.:
• Transportation Improvement Program Fee (Local Portion), as described in Chapter 3.20 of the Orinda Municipal Code, is imposed on new development to help fund and pay for the construction of needed expansion or offsite capital improvements for roads, bikeways, sidewalks and traffic signals. This fee is accounted for in a separate fund titled as “Transportation Impact Fee Fund”. • Drainage Impact Fee, as described in Chapter 3.24 of the Orinda Municipal Code, is imposed on new development to help pay for a drainage master plan and the construction of improvements recommended in the plan. This fee is accounted for in a separate fund titled as “Drainage Impact Fee Fund”.
• Park Dedication and Impact Fee, as described in Chapter 3.28 of the Orinda Municipal Code, is established under the California Government Code Section 66477 known as Quimby Act. The Park Dedication fee is imposed on development to provide funding for acquiring new parklands, building new recreational facilities, and rehabilitating or replacing existing parks and recreation facilities to enable those facilities to provide services to new residents and to offset the loss of private residential recreational and visual open space. This fee is accounted in a separate fund called “Park Dedication Fee Fund”.

C. AMOUNTS CHARGED BY THE CITY FOR IMPACT FEES
The amounts charged for the impact fees noted above are dependent upon the type and size of a particular development and were based upon related studies, as adjusted annually by one of the following factors: the change in CPI, change in construction cost index, change in average price of residential real property. The development impact fees as applicable on June 30, 2025, are shown in the table on the following page.

Item F.3
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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

Drainage and Park Dedication Fee effective September 16, 2024 (adopted by the City Council Resolution # 31-24)
Transportation Impact Fee effective January 1, 2025,
(as updated by Lamorinda Fee and Financing Authority (LFFA))

FEE CALCULATION METHOD AMOUNT
Transportation
(Local Portion)
Regional Portion is
a pass-through
administered by
Lamorinda Fee and
Financing Authority.

Residential – Per Unit
Transit Oriented MF – Per Unit
Non-Residential – Per Sq. Ft.

Other – Per Trip Generated
Adjustments and timing for
Regional fee is based on directions
from Lamorinda Fee and Finance
Authority (LFFA), a JPA. The JPA
uses September Change in
construction cost index and
identifies desired adjustment
effective January 1st.

Single Family $5,045.11
Multi-Family / 2nd Unit $3,531.37
Multi-Family / Transit $1,871.87
Non-Residential $5.39 / sq. ft.

Other $555.25 per trip
Drainage Fee Impervious surface added by new
development and adjusted annually
by reference to the average
increase or decrease in the price of
residential real property per OMC

3.28.070 and 3.28.080.
$1.65 per square foot in excess of 100 feet
Park Dedication
Fee
Per Residential Unit
Adjusted annually by CPI Change
Single Family (SF) Detached $22,418
SF Attached or Townhouse $15,232
Multi-Family Duplex or Condominium
$15,644 per unit
D. CAPITAL IMPROVEMENT PROGRAM (CIP)
California Government Code Section 66002 requires local agencies that have developed a fee program to adopt a Capital Improvement Plan (CIP) indicating the approximate location, size, and timing of projects plus an estimate of the costs for all facilities or improvements that are financed by these fees.

A formal CIP is recommended, at a minimum, as a five-year plan. The City produces a five-year CIP which helps to maintain and support the City’s General Plan as well as identify infrastructure needed to accommodate the planned development.

The City’s current capital improvement plan for Fiscal Years 2025/26 – 2029/30 can be found on the City’s website: Capital-Improvement-Plan. Information on CIP projects budget funded by the development impact fee can be found in the following table including projects, estimated project budget funded by impact fees, project budget funded by other funds, and estimated % of project funded with development impact fees.

The City appropriate CIP expenditures of these fees as part of the Biennial Budget adoption.

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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

Capital Improvement Plan Budget for Projects Funded with Impact Fee for Fiscal Years 2025-26 - 2029-30
Project
number FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 Total
5-Years
Budget
Project
Budget for
Other
Funds
Estimated
% of
Project
Funded
with Fees
Transportation Impact Fee Fund
Traffic Signal Operation Improvements 3608 $ 50,000 $ - $ - $ - $ - $ 50,000 $ 1,981,880 2% Annual Bicycle, Trails, and Walkways Program4109 5,000 30,000 30,000 30,000 - 95,000 172,500 36% 2027 Annual Pavement Rehabilitation 4198 - - 400,000 - - 400,000 2,475,000 14% Moraga Way Pathway - Phase 3 4199 130,000 - - - - 130,000 150,000 46% 2029 Annual Pavement Rehabilitation 5029 - - - - 90,000 90,000 2,985,000 3% Total Transportation Impact Fee Fund 185,000 30,000 430,000 30,000 90,000 765,000 7,764,380 9% Drainage Impact Fee Fund
Storm Drain Plan and Inventory 4092 15,000 15,000 15,000 - - 45,000 30,000 60% Annual Drainage Facilities Improvement 4111 215,000 165,000 165,000 165,000 165,000 875,000 - 100% Miner Rd. - Camino Don Miguel Culvert Repair5013 25,000 100,000 - - - 125,000 - 100% 2028 Annual Stormdrain Repair (Cat. B) 5030 - - - 100,000 - 100,000 300,000 25% 2029 Annual Stormdrain Repair (Cat. B) 5031 - - - - 100,000 100,000 100,000 50% Total Drainage Impact Fee Fund 255,000 280,000 180,000 265,000 265,000 1,245,000 430,000 74% Park Dedication Fee Fund
Community Center Window 4016 95,000 - - - - 95,000 175,000 35% Buildings and Parks Accessibility 4086 15,000 15,000 15,000 15,000 15,000 75,000 - 100% Mini Park (Crossroads Park) 4103 30,000 - - - - 30,000 315,000 9% Community Park Master Plan and 4112 45,000 140,000 - - - 185,000 232,000 44% Lighting Retrofit (LED) – Wilder fields #1 4195 73,300 - - - - 73,300 226,700 24% Orinda Oaks Park Restroom Renovation 5020 20,000 - - - - 20,000 - 100% Wilder Park Field #4 - Replace Synthetic 5035 - - - 325,000 - 325,000 275,000 54% Total Park Dedication Fee Fund 278,300 155,000 15,000 340,000 15,000 803,300 1,223,700 40% E. FINANCIAL SUMMARY REPORT FOR DEVELOPMENT IMPACT FEES As provided under State Government Code Section 66006(b)(1)(c-d) the City must account in each of the Impact Fee Funds for: Beginning Balance; Fees Collected, Interest and other Revenue; Expenditures; and the Ending Balance. If there were any interfund loans or transfers those must also be disclosed. The City did not have any loans or inter-fund transfer transactions in the Fiscal Year ending June 30, 2025. The following table displays the financial summary for the development impact fees.

Item F.3
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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

Statement of Revenue, Expenditures, and Change in Fund Balance For the Year Ended June 30, 2025
Transportation
Impact Fee
Drainage
Impact Fee
Park
Dedication
Impact Fee

REVENUES
Fees $ 8,002 $ 49,810 $ 34,585
Interest 32,632 42,331 40,016
Total Revenues 40,635 92,141 74,601

EXPENDITURES
Expenditures 29,299 181,788 67,736
Total Expenditures 29,299 181,788 67,736

REVENUES OVER (UNDER)
EXPENDITURES 11,336 (89,647) 6,865
Fund Balance, Beginning of Year 765,506 1,068,576 952,444 Fund Balance, End of Year $ 776,842 $ 978,929 $ 959,309 F. FUND EXPENDITURES BY PROJECT
The Government Code Section 66006(b)(1)(e) requires the City to disclose additional information related to the project expenditures from each of the Impact Fee Funds. Specifically, the report must identify:
• each public improvement on which fees were expended.
• the amount of the expenditures on each improvement; and • the total percentage of the cost of the public improvement that was funded with impact fees.

The following tables provide additional details for each of the impact fees.

Item F.3
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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

IMPACT FEE EXPENDITURES BY PROJECT
For the Year Ended June 30, 2025
Project
Number Impact Fees Other Funds
Total
Expeditures
% Paid By
Fees
Transportation Impact Fee Fund:

Camino Pablo Pathway Rehab 4076 $ 25,951 $ 111,637 $ 137,587 19% Moraga Way Pathway - Phase 3 4199 4199 3,348 - 3,348 100% Total Transportation Fee Fund Expenditures 29,299 111,637 140,935 21% Drainage Impact Fee Fund:

Orchard SD Repair PL-409 & PL-513 3101 28,000 148,294 176,294 16% Ivy Dr. SD Repairs, PL-958/959 & PL864 3102 28,000 144,244 172,244 16% Storm Drain Plan and Inventory 4092 225 - 225 100%
Storm Drain Liner Ivy Dr (48in) 4094 563 - 563 100%
Annual Drainage Maint. Repair 4111 125,000 25,742 150,742 83% Total Drainage Fee Fund Expenditures 181,788 318,280 500,068 36% Park Dedication Fee Fund:

Community Center Accessibility 4086 18,637 - 18,637 100% Mini Park (Crossroads Park) 4103 4,920 - 4,920 100%
Community Center Accessibility 4112 15,801 - 15,801 100% Art & Garden Center Audio Visual 4181 28,378 - 28,378 100% Total Park Dedication Fund Expenditures 67,736 - 67,736 100% G. IMPACT FEE LOANS / TRANSFERS AND REFUNDS
As provided in Government Code Sections 66006(b)(1) (g and h) the City is also required to disclose any interfund transfers, loans, and refunds of fee. There were no interfund transfers or loans involving the listed Impact Fees. Likewise, the City did not issue any refunds for the year ending June 30, 2025.

H. ANALYSIS OF FUNDS HELD FOR 5 OR MORE YEARS
The California Government Code Section 66001(d) contains a separate requirement to evaluate every five years balances held and make certain additional disclosures. The purpose of the review is to identify monies that have been collected and held for a period of more than five years and to make appropriate disclosures.

The City of Orinda has analyzed the balance of monies held in each Impact Fee Fund, at the end of Fiscal Year 2024-25 and compared it to the total Impact fees collected from July 1, 2020, through June 30, 2025 (5 Year Period).

When this report is presented to the City Council at a public meeting, they will also be requested to adopt a resolution making findings regarding the continued retention of funds held in excess to five years to complete the planned projects.

Item F.3
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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

TRANSPORTATION IMPACT FEE FUND
Statement of Revenue, Expenditures, and Change in Fund Balance For the Fiscal Years 2020-21 through 2024-25
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25

REVENUES
Fees $ 132,765 $ 48,599 $ 38,082 $ 18,964 $ 8,002
Interest 11,581 6,323 18,300 22,909 32,632
Other Revenues (1)
- 77 53,406 428,001 -
Total Revenues 144,346 54,999 109,787 469,874 40,635

EXPENDITURES
Expenditures 112,901 85,660 108,476 651,951 29,299
Total Expenditures 112,901 85,660 108,476 651,951 29,299 31,445 (30,661) 1,312 (182,077) 11,336
Fund Balance, Beginning of Year 945,487 976,932 946,271 947,583 765,506 Fund Balance, End of Year $ 976,932 $ 946,271 $ 947,583 $ 765,506 $ 776,842 Five- Year Revenue Test Using First In First Out Method Revenue Available:

Current Fiscal Year $ 144,346 $ 54,999 $ 109,787 $ 469,874 $ 40,635 Prior Fiscal Year (2-Year Old Funds) 61,228 144,346 54,999 109,787 469,874 Prior Fiscal Year (3-Year Old Funds) 136,152 61,228 144,346 54,999 109,787 Prior Fiscal Year (4-Year Old Funds) 212,029 136,152 61,228 130,846 54,999 Prior Fiscal Year (5-Year Old Funds) 163,813 212,029 136,152 - 101,547 In Excess of Five Prior Fiscal Years 259,365 337,517 441,071 - - Total Revenue Available $ 976,932 $ 946,271 $ 947,583 $ 765,506 $ 776,842 Notes:
(1)

REVENUES OVER (UNDER)

EXPENDITURES
Other revenues include project reimbursement for fair share improvements, grant from LAMORINDA for smart signals and transfers in associated w ith the closure of CIP projects.

As of June 30, 2025, none of the Transportation Impact Fee Fund balance is held for more than five years.

Item F.3
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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

DRAINAGE IMPACT FEE FUND
Statement of Revenue, Expenditures, and Change in Fund Balance For the Fiscal Years 2020-21 through 2024-25
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25

REVENUES
Fees $ 346,326 $ 205,559 $ 158,055 $ 65,686 $ 49,810
Interest 16,878 11,929 24,655 26,324 42,331
Total Revenues 363,204 217,488 182,709 92,010 92,141

EXPENDITURES
Expenditures 8,851 165,699 706,296 329,433 181,788
Total Expenditures 8,851 165,699 706,296 329,433 181,788 354,353 51,789 (523,586) (237,423) (89,647)
Fund Balance, Beginning of Year 1,423,444 1,777,797 1,829,586 1,306,000 1,068,576 Fund Balance, End of Year $ 1,777,797 $ 1,829,586 $ 1,306,000 $ 1,068,576 $ 978,929 Five- Year Revenue Test Using First In First Out Method Revenue Available:

Current Fiscal Year $ 363,204 $ 217,488 $ 182,709 $ 92,010 $ 92,141 Prior Fiscal Year (2-Year Old Funds) 258,769 363,204 217,488 182,709 92,010 Prior Fiscal Year (3-Year Old Funds) 563,634 258,769 363,204 217,488 182,709 Prior Fiscal Year (4-Year Old Funds) 336,031 563,634 258,769 363,204 217,488 Prior Fiscal Year (5-Year Old Funds) 256,158 336,031 283,829 213,165 363,204 In Excess of Five Prior Fiscal Years - 90,459 - - 31,377 Total Revenue Available $ 1,777,797 $ 1,829,586 $ 1,306,000 $ 1,068,576 $ 978,929

REVENUES OVER (UNDER)

EXPENDITURES
The Drainage Impact Fee has a fund balance of $ 978,929 out of which $31,377 is held for more than five years. The City is planning to use these funds on the Annual Drainage Facilities Improvement Program project which is estimated to expend $215,000 during the fiscal year 2025-26. All current projects, including all funding sources, can be found in the Fiscal Years 2025-26 – 2029-30 Capital Improvement Plan which is summarized in the table on page 4.

Item F.3
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CITY OF ORINDA

ANNUAL REPORT OF DEVELOPMENT IMPACT FEES
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

PARK DEDICATION FEE FUND
Statement of Revenue, Expenditures, and Change in Fund Balance For the Fiscal Years 2020-21 through 2024-25
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25

REVENUES
Fees $ 35,019 $ 104,403 $ 153,368 $ 85,729 $ 34,585
Interest 11,176 6,325 18,399 24,315 40,016
Total Revenues 46,196 110,728 171,767 110,045 74,601

EXPENDITURES
Expenditures 315,666 145,829 104,654 177,172 67,736
Total Expenditures 315,666 145,829 104,654 177,172 67,736 (269,470) (35,101) 67,113 (67,128) 6,865
Fund Balance, Beginning of Year 1,257,029 987,559 952,458 1,019,572 952,444 Fund Balance, End of Year $ 987,559 $ 952,458 $ 1,019,572 $ 952,444 $ 959,309 Five- Year Revenue Test Using First In First Out Method Revenue Available:

Current Fiscal Year $ 46,196 $ 110,728 $ 171,767 $ 110,045 $ 74,601 Prior Fiscal Year (2-Year Old Funds) 125,179 46,196 110,728 171,767 110,045 Prior Fiscal Year (3-Year Old Funds) 220,382 125,179 46,196 110,728 171,767 Prior Fiscal Year (4-Year Old Funds) 187,847 220,382 125,179 46,196 110,728 Prior Fiscal Year (5-Year Old Funds) 148,667 187,847 220,382 125,179 46,196 In Excess of Five Prior Fiscal Years 259,288 262,126 345,320 388,529 445,973 Total Revenue Available $ 987,559 $ 952,458 $ 1,019,572 $ 952,444 $ 959,309

REVENUES OVER (UNDER)

EXPENDITURES
As of June 30, 2025, the Park Dedication Fee Fund balance is estimated at $959,309 and of this amount $445,973 was developer fees that continued to be held for more than five years. The City is planning to use these funds on several projects, as identified in the capital improvement plan adopted on Jund 3, 2025. These projects which include Community Center Window Replacement, Lighting Retrofit (LED)- Wilder fields, and Wilder Park Field #4 - Replace Synthetic Turf, are estimated to use a total of $448,300 in Park Dedication Fees in next three years.

All current projects, including all funding sources, can be found in the Fiscal Years 2025-26 – 2029-30 Capital Improvement Plan which is summarized in the table on page 4.

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RESOLUTION NO. 66-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
ACCEPTING THE FY 2024-25 DEVELOPMENT IMPACT FEE ANNUAL REPORT, AND

MAKING FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF DEVELOPMENT IMPACT FEES AS OF JUNE 30, 2025 WHEREAS, the Mitigation Fee Act, commonly referred to as AB1600 and codified as California Government Code § 66000 et seq., regulates the imposition, collection, maintenance, expenditure, and reporting of impact fees imposed in connection with approval of a development project for the purpose of defraying costs of public facilities related to that project.

WHEREAS, the City of Orinda (“City”) has identified the following three (3) development impact fees collected from developers that are subject to AB1600’s requirements.

1. Transportation Impact Fees,

2. Drainage Impact Fees,

3. Park Dedication Impact Fees; and
WHEREAS, the FY 2024-25 Developer Impact Fee Report reflecting the beginning and ending balances of each development impact fees, the amount of fees collected, the interest earned for the year, the amount of expenditures and refunds, if any, made in the year, and a description of the type of fees, is attached to the staff report as Attachment A; and
WHEREAS, the Mitigation Fee Act requires the City to make specific findings with respect to any portion of the fees remaining unexpended or uncommitted after a period of five (5) years after deposit to identify the purpose to which the fee is to be put; to demonstrate a reasonable relationship between the fee and the purpose for which it was charged; to identify all sources and amounts of funding anticipated to complete financing of the incomplete improvement for which the fee is charged; and to designate the approximate dates on which the funding is expected to be deposited for the incomplete improvement; and
WHEREAS, the current review of impact fee balances held has determined that certain Drainage Impact Fees, and Park Dedication Impact Fees have been held for a period of more than five years; and
WHEREAS, the adoption of this Resolution includes certain findings made by action of the City Council to confirm the need to retain unexpended Drainage Impact Fees, and Park Dedication Fees in order to complete projects with proposed expenditures as identified in the Five-Year Capital Improvement Plan adopted June 3, 2025, and summarized in the Fiscal Year 2024-25 Development Impact Fee Report.

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NOW THEREFORE BE IT RESOLVED by the City Council of the City of Orinda that it hereby accepts the Fiscal Year 2024-25 Development Impact Fee, attached as Attachment A to the staff report.

BE IT FURTHER RESOLVED that the City Council of the City of Orinda that it hereby makes the following findings regarding the corresponding fees and their funds:

1. $31,377 of the Drainage Impact Fee Fund remains unexpended after five years. The purpose for which the fee is to be put is articulated in the Annual Report of Development Impact Fee, attached as Attachment A to the staff report, and in the Fiscal Years 2025/26 – 2029/30 Capital Improvement Plan, on file with the City Clerk and hereby incorporated by reference. The purpose for which the fee is charged is set forth in Orinda Municipal Code Title 3, Chapter 3.24, along with the administrative record for the adoption of the ordinances codified in the Municipal Code and the resolutions. Sources and amounts of funding anticipated to complete financing on incomplete improvements, as well as approximate dates on which funding is expected, are set forth in the Fiscal Years 2025/26 – 2029/30 Capital Improvement Plan.

2. $445,973 of the Park Dedication Fee Fund remains unexpended after five years. The purpose for which the fee is to be put is articulated in the Annual Report of Development Impact Fee, attached as Attachment A to the staff report, and in the Fiscal Years 2025/26 – 2029/30 Capital Improvement Plan, on file with the City Clerk and hereby incorporated by reference. The purpose for which the fee is charged is set forth in Orinda Municipal Code Title 3, Chapter 3.28, along with the administrative record for the adoption of the ordinances codified in the Municipal Code and the resolutions. Sources and amounts of funding anticipated to complete financing on incomplete improvements, as well as approximate dates on which funding is expected, are set forth in the Fiscal Years 2025/26 – 2029/30 Capital Improvement Plan.

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on December 16, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Item F.3
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: December 16, 2025
SUBJECT:

Local Agency Special Tax and Bond Accountability Act (SB 165) Report FY 2024-25 EXECUTIVE SUMMARY:

To be in compliance with the Local Agency Special Tax and Bond Accountability Act (Government Code Sections 50075.3 and 53411 of the State of California), City Council must accept and file the reports for the Local Agency Special Taxes for the Fiscal Year ended June 30, 2025.

RECOMMENDATION:

Receive and file the Special Tax and Accountability Act Report for the Fiscal Year ended June 30, 2025.

BACKGROUND:

The Local Agency Special Tax and Bond Accountability Act (SB 165) stipulates that a report be filed annually with the governing body of any agency imposing special taxes or issuing bonds subject to voter approval after January 1, 2001. The annual report is required to contain the amount of funds collected and expended as well as the status of any project required or authorized to be funded as identified in subdivision (a) of Section 53410. The annual report must be filed no later than January 1.

DISCUSSION:

The Local Agency Special Tax Bond and Accountability Act, enacted by SB165 and codified in the California Government Code Sections 50075 through 50077 and 53410 through 53412. This Act requires:
• that any local special tax measure subject to voter approval contains a statement indicating the specific single purpose of the special tax. • that the proceeds of the special tax be applied to that purpose. • the creation of an account into which the proceeds shall be deposited. • an annual report containing the following information:
o the amount of special taxes that have been collected and expended. o the status of any project required or authorized to be funded by the special taxes.

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The Act imposes similar accountability requirements with respect to any local bond measure that is subject to voter approval that would provide for the sale of bonds by a local agency. These requirements only apply to local agencies that have imposed special taxes or issued bond measures subject to voter approval after January 1, 2001. The annual report must be filed no later than January 1. The following special taxes are subject to these reporting requirements:

Library Special Tax
On June 3, 2008, voters in the City of Orinda (the “City”) approved Measure E, a special parcel tax to provide revenue for the following services: additional library service hours to supplement those provided by Contra Costa County; utilities, maintenance, insurance and other operating costs; repair of the library building and its systems and equipment; replacement of worn and outdated books and materials; the direct cost of administering and collecting the tax; and library programs for children, families and seniors.

In June 2018, the City’s Library Tax was approved by 74.86 percent of the voters. The new Library Tax increased the previous tax from $39 to $69 per parcel, multiplied by a parcel’s rate factor, and will be levied in perpetuity. The annual amount of the special parcel tax is $69 per parcel or equivalent unit and has no escalation factors.

Orinda Road Bonds 2014 Special Tax
On June 3, 2014, voters in the City of Orinda (the “City”) approved Measure J, Orinda Road and Storm Drain Repair Measure, which authorized the City to issue and sell up to $20,000,000 in municipal General Obligation bonds to help fund repairs and improvements of the City’s roadways and storm drains. This measure also authorized the City to levy an additional ad-valorem property tax annually on all taxable property within the City to pay for the principal and interest due on the bonds. Measure J was approved by 75.5 percent of voters.

In March of 2015, the City issued General Obligation Bonds, Election of 2014, Series A, in the amount of $10,000,000. These Bonds are the first series of bonds to be issued from an aggregate authorized amount of $20,000,000 approved in Measure J. The Bonds bear interest at 2.0% - 4.0% and are due semi-annually on March 1 and September 1 commencing September 2, 2015. Principal payments are due annually on September 1 through 2035.

In April of 2017, the City issued General Obligation Bonds, Election of 2014, Series B, in the amount of $10,000,000. These Bonds are the second series of bonds to be issued from an aggregate authorized amount of $20,000,000 in Measure J. The Bonds bear interest at 1.4% - 5.0%. Interest payments are due semi-annually on March 1 and September 1 commencing September 1, 2017. Principal payments are due annually on September 1 through 2037.

These Bonds are payable from a special ad-valorem property tax rate, the City is authorized by Measure J to levy, for the payment of debt service (principal and Item F.4
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interest) on the Bonds when due. The taxes are collected by Contra Costa County and distributed to the City.

The special ad-valorem tax increased the secured tax rate for FY 2024-25 by $ 0.0118 per $100 of secured assessed value (or $11.80 per $100,000 of secured assessed value). Once the bonds are repaid in 2037, this special ad-valorem tax will terminate.

Orinda Road Bonds 2016 Special Tax
On June 7, 2016, voters in the City of Orinda (the “City”) approved Measure L, Orinda Road and Storm Drain Repair Measure, which authorized the City to issue up to $25,000,000 in general obligation municipal bonds for municipal roadways and storm drain improvements. This measure also authorized the City to levy an additional advalorem property tax annually on all taxable property within the City to pay for the principal and Interest due on the bonds. Measure L was approved by 68.48 percent of voters.

In April of 2017, the City issued General Obligation Bonds, Election of 2016, Series A, in the amount of $25,000,000. These Bonds are the first and only series of bonds to be issued in an aggregate authorized amount of $25,000,000 of bonds duly approved by Measure L. The Bonds bear interest at 1.4% - 5.0%. Interest payments are due semi-annually on March 1 and September 1 commencing September 1, 2017.

Principal payments are due annually on September 1 through 2037.

The Bonds are payable from a special ad-valorem property tax rate the City is authorized to levy by the voter approval of Measure L, for the payment of principal and interest on the Bonds when due. The taxes are collected by Contra Costa County and distributed to the City.

The special ad-valorem increased the secured tax rate for FY 2024-25 by $0.0179 per $100 of secured assessed value (or $17.90 per $100,000 of secured assessed value).

Once the bonds are repaid in 2037, this annual tax will terminate.

FISCAL IMPACT:

There is no fiscal impact associated with accepting the special tax and bond accountability reports.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. FY 2024-25 SB165 Report- City of Orinda Library Tax
B. FY 2024-25 SB165 Report- City of Orinda Road 2014 Bonds C. FY 2024-25 SB165 Report- City of Orinda Road 2016 Bonds Respectfully Submitted by,
Item F.4
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Bhavna Chaudhary, Senior Accountant
Approved By:

Linda Smith, City Manager
Item F.4
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SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY ACT
50075.1. On or after January 1, 2001, any local special tax that is subject to voter approval that would provide for the imposition of a special tax by a local agency shall provide accountability measures that include, but are not limited to, all of the following:
(a) A statement indicating the specific purposes of the special tax. (b) A requirement that the proceeds be applied only to the specific purposes identified pursuant to subdivision (a).
(c) The creation of an account into which the proceeds shall be deposited. (d) An annual report pursuant to Section 50075.3.
50075.3. The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1.

The requirements of the Act apply to the Funds for the following:

City of Orinda
Special Library Services Parcel Tax
Approved June 5, 2018
50075.1(a). The specific purposes of the special tax:

Funds will be used to maintain the existing hours and services at the Orinda Library, replacing worn and outdated books and materials, and ensuring that the Library can continue existing programs for children, families, and seniors.
50075.3(a). The amount of funds collected and expended:

Description (1)
FY 2024/25
Amount Collected (2) (3)
FY 2024/25
Amount Expended (2)
Special Library Services Parcel Tax $552,105.00 $521,133.00 (1) 50075.1(c). Requires “the creation of an account into which the proceeds shall be deposited.” (2) Audited amounts provided by the City.
(3) Total amount collected for Fiscal Year 2024/25 includes interest income of $23,979. 50075.3(b). The status of any project required or authorized to be funded:

The projects are ongoing on an annual basis.

Attachment A
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CITY OF ORINDA ROAD BONDS 2014

LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY REPORT Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the special tax district and others are handled through annual reports. This section of this report intends to comply with Section 50075.3 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.

The requirements of the Act apply to the Funds for the following Bonds authorized by at least two-thirds of the voters voting on Measure J at an election held on June 3, 2014:

City of Orinda Road Bonds 2014
$10,000,000
General Obligation Bonds Election of 2014 Series A
Issued in March 2015
$10,000,000
General Obligation Bonds Election of 2014 Series B
Issued in April 2017
Purpose of Special Tax
All improvements funded by the General Obligation Bonds Election of 2014 Series A and B are complete.

The amount levied will be used to pay for the debt service (principal and interest) and administrative expenses.

Collections & Expenditures
Fund
06/30/2024
Balance
Amount
Collected (1)
Amount
Expended
06/30/2025
Balance Status
City of Orinda Road
Bonds 2014 $1,094,484 $1,269,359 $1,192,383 $1,171,460 Ongoing (1) Amount collected during FY 2024-25 includes interest earned.

Attachment B
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CITY OF ORINDA ROAD BONDS 2016

LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY REPORT Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the special tax district and others are handled through annual reports. This section of this report intends to comply with Section 50075.3 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.

The requirements of the Act apply to the Funds for the following Bonds authorized by at least two-thirds of the voters voting on Measure L at an election held on June 7, 2016:

City of Orinda Road Bonds 2016
$25,000,000
General Obligation Bonds, Election of 2016, Series A
Issued in April 2017
Purpose of Special Tax
All improvements funded by the General Obligation Bonds, Election of 2016, Series A are complete. The amount levied will be used to pay for the debt service (principal and interest) and administrative expenses.

Collections & Expenditures
Fund
06/30/2024
Balance
Amount
Collected (1)
Amount
Expended
06/30/2025
Balance Status
City of Orinda Road
Bonds 2016
$1,536,862 $1,888,232 $1,756,860 $1,668,234 Ongoing
(1) Amount collected during FY 2024-25 includes interest earned.

Attachment C
Item F.4
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: December 16, 2025
SUBJECT:

Introduction of Ordinance - Changes to the Orinda Municipal Code to Reflect 2025 California Building Code Update
EXECUTIVE SUMMARY:

The City Council will consider the introduction of Ordinance 25-07 to change the Orinda Municipal Code related to the 2025 edition of various State code sections. Additionally, the City Council will review Resolution 63-25, adopting Contra Costa County’s Findings in Support of Changes, Additions and Deletions to Statewide Building Standards Code and introducing the City’s findings regarding the need for modifications to the California Green Building Standards Code, which find that the modifications to the Building Codes are reasonably necessary because of local climatic, geological, and topographical conditions and which are in conformance with the requirements of State Assembly Bill 130.

RECOMMENDATION:

Introduce Ordinance 25-07, which includes a determination that it is exempt from the California Environmental Quality Act (“CEQA”), waiving a full reading.

BACKGROUND:

The California Building Standards Commission has adopted the 2025 California Building Standards Code (CBSC), replacing the 2022 CBSC. The CBSC includes the California Building, Residential, Energy, Historical Building, Existing Building, and Green Building Standards Codes (City’s “Building Codes”) as well as the Electrical, Plumbing, and Mechanical Codes, Fire Code, and Wildland Urban Interface Code.

These statewide codes will be effective January 1, 2026. The 2025 CBSC represent the new minimum required standards for building construction in California. The 2025 CBSC reflects changes in technology, fire safety techniques, and the building industry.

Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the local jurisdiction finds that the changes and modifications are reasonably necessary because of local climatic, geological, topographical, or environmental conditions. The attached proposed ordinance would adopt the statewide codes and amend them to address local conditions.

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Recent changes to State law have placed additional restrictions on the authority of local jurisdictions to amend the CBSC as it relates to the construction of new residential housing units. State budget legislation (Assembly Bill 130) adopted at the end of June 2025, includes changes to the Health and Safety Code that limit the authority of local jurisdictions to adopt building code amendments related to the construction of new housing, except through several narrowly defined exceptions.

These exceptions include amendments that are the same or substantially equivalent to amendments already adopted by the local jurisdiction and in effect as of September 30, 2025, and amendments that relate to home hardening for protection against fire risks. These changes to local authority will remain in effect from October 1, 2025, until June 1, 2031. Accordingly, the City may continue its current code amendments into the new code cycle but is restricted in its authority to adopt new code amendments to the 2025 CBSC that would affect residential construction. Local jurisdictions retain broader discretion to adopt code amendments related to non-residential construction, subject to making the required findings.

Contra Costa County (the “County”) provides building inspection services within the City of Orinda by contract with the City. At a public hearing held on November 4, 2025, the Contra Costa County Board of Supervisors adopted Ordinance 2025-19, which adopts the 2025 editions of the CBSC with modifications to those codes to reflect local conditions. The County recommended local amendments contained in the proposed Ordinance are predominantly designed to address the risk of seismic activity, to protect public health and safety particularly as it relates to minimizing fire risk, and to promote sustainable energy and waste management policies and practices.

The purpose of this agenda item is to introduce modifications to Orinda’s Building Codes, which are in Title 15 of the Municipal Code, that reflect the County’s modifications thereto.

The one exception is the California Green Building Standards Code concerning construction and demolition debris recovery, as discussed below which contains requirements different than the County, and to review proposed findings of fact in support of the County’s and City’s modifications.

DISCUSSION:

With the adoption of proposed Ordinance 25-07, the City would adopt the 2025 editions of the CBSC with amendments to reflect local conditions. In the interest of uniformity, the amendments the City would adopt are substantively the same as those adopted by the County, with the exception of the California Green Building Standards Code concerning construction and demolition (“C&D”) debris recovery.

Orinda regulates C&D recycling separately from the County based on recommendations from RecycleSmart, of which Orinda and several other cities within Contra Costa County are members. RecycleSmart approves and certifies C&D facilities for compliance with C&D diversion requirements set by the California Green Building Code Standards in pursuit of AB 939 (The California Waste Management Act). Ordinance 25-07 therefore reflects the City’s adoption of specific local amendments to C&D measures that are different from those adopted by the County.

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The Building Codes are adopted in their entirety with the amendments, deletions, and additions as outlined in Ordinance 25-07 Appendix A.

As a whole, the local amendments to 2025 editions of the CBSC serve the public interest by reducing the risk to life and property of the citizens of the City of Orinda.

These amendments must be justified by findings of fact based upon the unique geological, topographical, and climatic conditions of the City. A proposed resolution adopting the findings of the County, upon which its amendments to the CBSC are based, and adopting the City’s findings supporting its amendments to the C&D provisions is included as Attachment C. This resolution should be formally approved when the City adopts Ordinance 25-07 (currently scheduled for January 13, 2026).

The County’s amendments to the 2025 editions of the CBSC continue the amendments that were made to prior versions (2022, 2019, 2016) and also include substantive changes to the 2025 editions of the Building Codes as permitted under AB 130. The City’s proposed Ordinance 25-07 is substantially similar to County Ordinance 2025-19, which was approved by the Board of Supervisors on November 4, 2025. The County Ordinance is included as Attachment D.

Adoption of the California Fire Code and California Wildland Urban Interface (WUI) Code is being prepared and processed separately from the other 2025 CBSC sections, as those codes are prepared in coordination with the Moraga Orinda Fire District (MOFD). Staff will be reviewing MOFD’s proposed local amendments to Title 8 (Health and Safety) and Title 15 (Buildings and Construction), as appropriate. Staff will separately bring those amendments forward, consistent with the procedures described in State law.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

Not applicable.

NEXT STEPS:

Staff will bring Ordinance 25-07 and Resolution 63-25 back for a public hearing and adoption at the January 13, 2026, City Council meeting. At least 15 days prior to the January 13, 2026, meeting, at least one full copy of the 2025 editions of the CBSC, as amended, must be filed with the City Clerk for public inspection. Staff will also publish a special notice of the public hearing in the local newspaper once a week for 2 successive weeks, with at least 5 days intervening between the 2 publication dates.

After the public hearing and the adoption of Ordinance 25-07 and Resolution 63-25, staff will send copies of Ordinance 25-07 and Resolution 63-25 to the California Building Standards Commission, the Department of Housing and Community Development, MOFD, and the County. The statewide codes will be effective January 1, 2026, and will apply to all projects submitted on or after that date, regardless of Orinda’s adoption of Ordinance 25-07 and Resolution 63-25.

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ATTACHMENTS:

A. Ordinance 25-07 with Appendix A (2025 Building Code adoption with modifications)
B. Draft Resolution 63-25 with Appendices A and B (Findings in Support of Changes, Additions, and Deletions to Statewide Building Standards Code) C. Contra Costa County Board of Supervisors Ordinance No. 2025-19 Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Linda Smith, City Manager
Item F.5
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA

AN ORDINANCE ADOPTING THE
2025 CALIFORNIA BUILDING,

RESIDENTIAL, ENERGY,

HISTORICAL BUILDING,

EXISTING BUILDING, GREEN

BUILDING STANDARDS,

ELECTRICAL, MECHANICAL,

AND PLUMBING CODES WITH

MODIFICATIONS FOR LOCAL

CONDITIONS
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ORDINANCE NO. 25-07
The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1. The City Council of the City of Orinda finds that:

1. The State of California has adopted the 2025 editions of the California Building, Residential, Energy, Historical Building, Existing Building, and Green Building Standards Codes (“Building Codes”) as well as the Electrical, Plumbing, and Mechanical Codes, Fire Code, and Wildland Urban Interface Code.

2. On December 16, 2025, the City Council of Orinda introduced this ordinance by title only, waiving a full reading, and scheduled a public hearing on the adoption of the Building Codes for January 13, 2026.

3. At least 15 days prior to the January 13, 2026 public hearing, at least one true copy of the Building Codes was filed with the City Clerk for public inspection, pursuant to California Government Code Section 50022.6.

4. Notice was published prior to the January 13, 2065 public hearing pursuant to California Government Code Sections 50022.3 and 6066.

5. As detailed in the findings in Resolution No. 63-25, the additions, deletions, modifications, and amendments hereinafter noted are deemed reasonably necessary because of local climatic, geological, or topographical conditions pursuant to Health and Safety Code sections 17958.5 and 18941.5. Those findings will be filed with the California Building Standards Commission pursuant to Health and Safety Code section 17958.7.

The local the additions, deletions, modifications, and amendments hereinafter noted are also compliant with AB 130 (2025), which amended Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 relative to local amendments to the Building Codes.

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9. While this ordinance is in force, a true copy of the Building Codes shall be kept for public inspection in the office of the City Building Official and a reasonable supply of the Building Codes shall be available for public purchase in the office of the City Clerk in accordance with Government Code Section 50022.6.

SECTION 2. Chapter 15.08 (Building Code) is repealed in its entirety, and a new Chapter

15.08, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 3. Chapter 15.09 (California Residential Code) is repealed in its entirety, and a new Chapter 15.09, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 4. Chapter 15.10 (California Green Building Standards Code) is repealed in its entirety, and a new Chapter 15.10, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 5. Chapter 15.11 (Existing Building Code) is repealed in its entirety, and a new Chapter 15.11, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 6. Chapter 15.12 (Electrical Code) is repealed in its entirety and a new Chapter

15.12, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 7. Chapter 15.16 (Plumbing Code) is repealed in its entirety and a new Chapter

15.16, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 8. Chapter 15.20 (Mechanical Code) is repealed in its entirety and a new Chapter 15.20, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 9. Chapter 15.21 (Energy Code) is created, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 10. Chapter 15.22 (Historical Building Code) is created, as shown in Appendix A attached to this ordinance and incorporated by this reference, shall be added to the Orinda Municipal Code.

SECTION 10. This ordinance is consistent with the Orinda General Plan.

SECTION 11. This ordinance will not have a significant adverse effect on the environment as defined in the California Environmental Quality Act (CEQA).

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SECTION 12. This ordinance becomes effective 30 days after adoption.

SECTION 13. The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again within 15 days after adoption.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Orinda held on December 16, 2025, and was adopted and ordered published at a regular meeting held on January 13,2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________
Latika Malkani, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
Appendix A: New Chapters 15.08, 15.09, 15.10, 15.11, 15.12, 15.16, 15.20, 15.21, and

15.22. Item F.5
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APPENDIX A
Chapter 15.08 - BUILDING CODE

15.08.010 - Adoption.

A. The building code of this city is the 2025 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), the 2025 California Residential Code (California Code of Regulations, Title 24, Part 2.5), the 2025 California Energy Code (California Code of Regulations, Title 24, Part 6), the 2025 California Historical Building Code (California Code of Regulations, Title 24, Part 8), the 2025 California Existing Building Code (California Code of Regulations, Title 24, Part 10), and the 2025 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), as amended by the changes, additions, and deletions set forth herein.

B. In this chapter, the 2025 California Building Code (CBC) with the changes, additions, and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

C. In Chapter 15.09, the 2025 California Residential Code with the changes, additions, and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

D. In Chapter 15.10, the 2025 California Green Building Standards Code with the changes, additions, and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

E. In Chapter 15.11, the 2025 California Existing Building Code with the changes, additions, and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

F. In Chapter 15.12, the 2025 California Electrical Code with the changes, additions, and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

G. In Chapter 15.16, the 2025 California Plumbing Code with the changes, additions, and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

H. In Chapter 15.20, the 2025 California Mechanical Code with the changes, additions, and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

I. In Chapter 15.21, the 2025 California Energy Code with the changes, additions, Item F.5
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and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

J. In Chapter 15.22, the 2025 Historical Building Code with the changes, additions, and deletions set forth in this chapter and other chapters of this title is adopted by this reference as though fully set forth.

K. At least one copy of this building code is now on file in the office of the City Clerk and the City Building Department, and the other requirements of Government Code Section 50022.6 have been and shall be complied with.

L. As of the effective date of the ordinance codified in this chapter, the provisions of the building code are controlling and enforceable within the city.

15.08.020 - Administration.

CBC Chapter 1 (Administration) is amended by the provisions of other Chapters of Title 15 of this code and as follows:

A. Sections 103 and 113 of CBC Chapter 1 are deleted.

B. Section 105.2 (Work Exempt from Permit) of CBC Chapter 1 (Administration), subsection 4 is amended to read:

4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.

C. Section 107.2.1 (Information on construction documents) of CBC Chapter 1 is amended to read:
107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing Item F.5
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building on the property. Instead of detailed specifications, the building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.

D. Section 110.1 (Inspections - General) of CBC Chapter 1 is amended by adding the following to the end of that section:

At the time of first inspection by the building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures.

15.08.030 Reserved.

15.08.040 - Smoke detectors in flat roof buildings.

Section 907.2.11.2.5.1 is added to Section 907.2.11.2.5 (Existing Group R Occupancies) of CBC Chapter 9 (Fire Protection Systems) to read:
907.2.11.2.5.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R310.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.

15.08.050 - Reserved

15.08.060 - Wood shakes or shingles.

Section 1405.2 is added to Section 1405 (Combustible Materials on the Exterior Side of Exterior Walls) of CBC Chapter 14 (Exterior Walls) to read:
1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated.

15.08.70 – Structural Tests and Special Instructions – Concrete Construction.

A. Section 1705.3 (Concrete construction) of CBC Chapter 17 (Structural Inspections and Tests), Exception 1 is amended to read:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength of no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).

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15.08.080 - Soils and foundations.

A. Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is deleted.

B. Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3.

15.08.090 - Concrete.

A. Section 1905.6.2 (Seismic design categories C, D, E, and F) of CBC Chapter 19 (Concrete) is amended to read:
1905.6.2 Seismic design categories C, D, E, and F. Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete, except as follows:
(a) Reserved.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(c) Reserved.

B. Section 1906 (Footings for light-frame construction of CBC Chapter 19 (Concrete) is deleted.

C. Section 1907.5 (Minimum Slab Provisions – General) is added to Section 1907 (Slab On-Ground) of CBC Chapter 19 (Concrete), to read:

Section 1907.5 Minimum Slab Provisions – General. Slabs shall have a minimum reinforcement of 6-inch by 6-inch by 10-gauge wire mesh or equal at mid-height of the slab.

D. Appendix C, Appendix I and Appendix P of the CBC are incorporated into the OrindaBuilding Code.

15.08.110 – Electric Vehicle (EV) Charging for New Construction.

Section 420.14 [HCD] (Electric vehicle (EV) charging for new construction) of CBC Chapter 4 (Special Detailed Requirements Based on Occupancy and Use) is amended to read:

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420.14 Electric vehicle (EV) charging for new construction. Newly constructed Group R-1, R-2, and R-3 buildings shall be provided with infrastructure to facilitate future installation and use of electric vehicle (EV) chargers, and, where required, newly constructed Group R-2 buildings shall be provided with electric vehicle charging spaces equipped with fully-operational EV chargers, in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.1.

Chapter 15.09 – CALIFORNIA RESIDENTIAL CODE

15.09.010 - Adoption.

A. The 2025 California Residential Code ("CRC"), as amended by the changes, additions, and deletions set forth in this chapter and other chapters of this title, is adopted by this reference as though fully set forth. Section numbers used below are those of the 2025 California Residential Code.

B. At least one copy of this building code is now on file in the office of the City Clerk and the City Building Department; the other requirements of Government Code Section 50022.6 have been and shall be complied with.

C. As of the effective date of the ordinance codified in this chapter, the provisions of the residential code are controlling and enforceable within the city.

D. Sections R103 and R112 of CRC Chapter 1 (Scope and Application) are deleted.

E. In Section R105.2 (Work exempt from permit) of CRC Chapter 1 (Scope and Application), subsection 3 is amended to read:

3. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding class I, II, or III-a liquids.

F. Section R106.1.1 (Information on Construction Documents) of CRC Chapter 1 (Administration) is amended to read:
106.1.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material.

Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, Item F.5
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rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.

G. Section R109.1.1 (Foundation inspection) of CRC Chapter 1 (Administration) is amended by adding the following to the end of that section:

At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures.

H. Section R310.8.1.1 is added to Section R310.8 (Existing Group R-3 occupancies) of CRC Chapter 3 (Building Planning), to read:

R310.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with Section R310.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.

I. Section R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:

1. The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i

2. Footnote “i” is added to Table R602.10.3(3), to read:
i. Method GB is not permitted and the use of Method PCP is limited to one-story dwellings and accessory structures.

J. Section R602.10.4.5 (Limitations on methods GP and PCP) is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read:

R602.10.4.5 Limits on methods GB and PCP. Method GB is not permitted, but gypsum board is permitted to be installed on the opposite side of the studs from other types of braced wall panel sheathing. The use of Method PCP is limited to one- story dwellings Item F.5
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and accessory structures.

K. Appendix BB, Appendix BF, Appendix BJ, and Appendix CI of the CRC are incorporated into the Orinda Building Code.

Chapter 15.10 – CALIFORNIA GREEN BUILDING STANDARDS CODE

15.10.010 - Adoption.

A. The 2025 California Green Building Standards Code (“CALGreen” or“CGBSC”), Part 11 of the California Building Standards Code in Title 24, is amended by the changes, additions, and deletions set forth in this chapter and other chapters of this title, is adopted by this reference as though fully set forth.

Section numbers used below are those of the 2025 California Green Building Standards Code.

B. At least one copy of this building code is now on file in the office of the City Clerk and the City Building Department; the other requirements of Government Code Section 50022.6 have been and shall be complied with.

C. As of the effective date of the ordinance codified in this chapter, the provisions of the CALGreen code are controlling and enforceable within the city.

D. The purpose of this chapter is to cause a reduction in greenhouse gas emissions from buildings; promote environmentally responsible, cost-effective, healthier places to live and work; reduce energy and water consumption; and respond to the directives by the Governor.

15.10.020 – Green Building
Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended by adding the following to the end of that section:

Section 301.1.1 Additions and alterations. The mandatory provisions of Section 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings:

1. Projects where the addition or alteration is 1,000 square feet or larger,

2. Projects where the project valuation is $50,000 or greater,

3. Projects where the addition or alteration increases the building’s conditioned area, volume, or size, or
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4. Demolition projects when a demolition permit is required.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.

For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcel(s) may be deemed a single project at the discretion of the enforcing agency, regardless of the number of different permits issued for the project(s).

A. Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to read:

Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall apply to additions, alterations, and demolition whenever a permit is required for work.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.

B. Section 4.106.4.2.2 (Multifamily Dwellings) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by adding subsection (2)(d) to the end of that section to read:
d. EV Chargers. Notwithstanding anything in this section to the contrary, at least ten (10) percent of the total number of parking spaces shall be equipped with fully-operational Level 2 EVSE.

15.10.030 – Residential Mandatory Measures.

A. Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 4.408.2.

Exceptions:

1. Excavated soil and land-clearing debris

2. The City may identify alternate waste reduction requirements if the City determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite.

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B. Section 4.408.2 (Construction waste management plan) is amended to read:

Section 4.408.2 Construction waste management plan. Submit a construction waste management plan (WMP) for the project, signed by the owner, on a form approved by the City in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary, subject to approval by the City. The approved plan, and any updates, shall be available during construction for examination by the City. The plan must do all of the following:

1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waster material must have all applicable County approvals.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of construction and demolition debris shall be calculated consistent with the City’s requirements for the weighing of debris.

The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales, or not practical due to materials being reused on-site or elsewhere, or not practical due to other considerations, and upon approval by the City, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the City for this purpose.

C. Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted.

D. Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.5 (Documentation).A construction waste management final report containing information and supporting documentation shall be provided to the City which demonstrates compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section 4.408.4 or Section 4.408.4.1, Item F.5
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shall be provided to the City before the final inspection. All final reports must be entered into an electronic reporting system approved by the City. The required documentation shall include, but is not necessarily limited to the following:

1. Documentation of the quantity, by weight, of each material type diverted or disposed, consistent with the requirements of Section 4.408.2, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section 4.408.4 or Section 4.408.4.1, documentation of the quantity by weight of each material type disposed and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report.

Notes:

3.Sample forms found in “A Guide to the California Green Building Standards Code (Residential)” located at http://hcd.ca.gov/buildingstandards/calgreen/cal- green-form.shtml may be used to assist in documenting compliance with this section.

4.Mixed construction and demolition debris (C&D) processors can be located at the California Department of Resources Recycling and Recovery (CalRecycle).

E. Section 4.408.6 is added to read:

To be counted toward the diversion requirement, construction and demolition waste material must be taken to a construction and demolition waste materials recovery facility that appears on the CCCSWA list of approved facilities.

15.10.040 – Nonresidential Mandatory Measures.

A. Section 5.106.5.3.1 (EV Capable Spaces and EVCS) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

TABLE 5.106.5.3.1 – EV CAPABLE SPACES AND EVCS

TOTAL NUMBER

OF ACTUAL

PARKING SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

OTHER THAN

OFFICE AND

RETAIL NUMBER

OF REQUIRED
EVCS2, 3

OFFICE AND
RETAIL

NUMBER OF

REQUIRED
EVCS2, 3
1-9 0 0 0
10-25 4 3 3
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26-50 8 5 6
51-75 13 8 8
76-100 17 10 13
101-150 25 15 19
151-200 35 20 26
201 and over 20 percent of EV
capable spaces1
50 percent of EV
capable spaces1
75 percent of EV
capable spaces1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. Each EVCS shall reduce the number of required EV capable spaces by the same number.

3. At least one Level 2 EVSE shall be provided.

B. Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The City may identify alternate waste reduction requirements if the City determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist.

C. Section 5.408.1.1 (Construction waste management) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, on a form approved by the City in conformance with items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary, subject to approval by the City. The approved plan, and any updates, shall be available during construction for examination by the City.

The plan must do all of the following:

1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on- site (source-separated) or bulk mixed (single stream).

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material. A waste company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of construction and demolition debris shall be calculated consistent with the City’s requirements for the weighing of debris.

The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to material being reused on-site or elsewhere, or not practical due to other considerations, and upon approval by the City, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the City for this purpose.

D. Section 5.408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is deleted.

E. 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.4 Documentation.

A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the final inspection. All final reports must be entered into an electronic reporting system approved by the City. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Section 5.408.1.1, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section 5.408.1.3, documentation of the quantity by weight of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report.

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Notes:

3. Sample forms found in “A Guide to the California Green Building Standards Code (Nonresidential)” located at http://www.bsc.ca.gov/Home/CALGreen.aspx may be used to assist in documenting compliance with this section.

4. Mixed construction and demolition debris (C&D) processors can be located at the California Department of Resources Recycling and Recovery (CalRecycle).

G. Section 5.408.4 is added to read:

To be counted toward the diversion requirement, construction and demolition waste material must be taken to a construction and demolition waste materials recovery facility that appears on the CCCSWA list of approved facilities.

Chapter 15.11 – EXISTING BUILDING CODE

15.11.010 - Adoption.

A. The existing building code of the City is the 2025 California Existing Building Code (California Code of Regulations, Title 24,Part 10)(“CEBC”), as amended by the changes, additions, and deletions set forth in this chapter and other chapters of this title, is adopted by this reference as though fully set forth.

Section numbers used below are those of the 2025 California Existing Building Code.

B. At least one copy of this existing building code is now on file in the office of the City Clerk and the City Building Department; the other requirements of Government Code Section 50022.6 have been and shall be complied with.

C. As of the effective date of the ordinance from which this division is derived, codified in this chapter, the provisions of the existing building code are controlling and enforceable within the city.

15.11.020 - Administration.

CEBC Chapter 1 (Scope and Administration) is amended by the provisions of other Chapters of Title 15 of this code and as follows:

A. Sections 103 and 112 of CEBC Chapter 1 (Scope and Administration) are deleted.

B. Section 106.1 (Construction Documents - General) of CEBC Chapter 1 (Scope and Administration) is amended by deleting the exception.

C. Section 106.2.1 (Construction documents) of CEBC Chapter 1 (Scope and Item F.5
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Administration) is amended to read:
106.2.1 Construction documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official.

Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all applicable laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the tops and toes of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property.

Instead of detailed specifications, the building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.

Chapter 15.12 - ELECTRICAL CODE

15.12.010 - Adoption.

A. The electrical code of the city is the 2025 California Electrical Code (California Code of Regulations, Title 24, Part 3) (“CEC”), as amended by the changes, additions, and deletions set forth herein.

B. The 2025 California Electrical Code, with the changes, additions, and deletions set forth in this chapter and in other chapters of this title is adopted by this reference as though fully set forth.

C. At least one copy of this electrical code is now on file in the office of the City Clerk and the City Building Department; the other requirements ofGovernment Code Section 50022.6 have been and shall be complied with.

D. As of the effective date of the ordinance, codified in this chapter, the provisions of the electrical code are controlling and enforceable within the City.

E. The purpose of this chapter is the practical safeguarding of persons and property and of buildings and their contents from hazards arising from the use or generation of electricity for light, heat, power, radio, television, signaling, and other purposes.

Chapter 15.16 - PLUMBING CODE

15.16.010 - Adoption.

A. The plumbing code of the city is the 2025 California Plumbing Code (California Item F.5
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Code of Regulations, Title 24, Part 5), as amended by the changes, additions, and deletions set forth herein.

B. The 2025 California Plumbing Code, with the changes, additions, and deletions set forth in this chapter and in other chapters of this title is adopted by this reference as though fully set forth.

C. At least one copy of this plumbing code is now on file in the office of the City Clerk and the City Building Department; the other requirements ofGovernment Code Section 50022.6 have been and shall be complied with.

D. As of the effective date of the ordinance codified in this chapter, theprovisions of the plumbing code are controlling and enforceable within the City.

Chapter 15.20 - MECHANICAL CODE

15.20.010 - Adoption.

A. The mechanical code of the city is the 2025 California Mechanical Code (California Code of Regulations, Title 24, Part 4), as amended by the changes, additions, and deletions set forth herein.

B. The 2025 California Mechanical Code, with the changes, additions, and deletions set forth in this chapter and in other chapters of this title is adopted by this reference as though fully set forth.

C. At least one copy of this mechanical code is now on file in the office of the City Clerk and the City Building Department; the other requirements of Government Code Section 50022.6 have been and shall be complied with.

D. As of the effective date of the ordinance codified in this chapter, the provisions of the mechanical code are controlling and enforceable within the city.

Chapter 15.21 - ENERGY CODE

15.21.010 - Adoption.

E. The energy code of the city is the 2025 California Energy Code (California Code of Regulations, Title 24, Part 6), as amended by the changes, additions, and deletions set forth herein.

F. The 2025 California Energy Code, with the changes, additions, and deletions set forth in this chapter and in other chapters of this title is adopted by this reference as though fully set forth.

G. At least one copy of this energy code is now on file in the office of the City Clerk Item F.5
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and the City Building Department; the other requirements ofGovernment Code Section 50022.6 have been and shall be complied with.

H. As of the effective date of the ordinance codified in this chapter, theprovisions of the energy code are controlling and enforceable within the City.

Chapter 15.22 – HISTORICAL BUILDING CODE

15.22.010 - Adoption.

E. The historical building code of the city is the 2025 California Historical Building Code (California Code of Regulations, Title 24, Part 8), as amended by the changes, additions, and deletions set forth herein.

F. The 2025 California Historical Building Code, with the changes, additions, and deletions set forth in this chapter and in other chapters of this title is adopted by this reference as though fully set forth.

G. At least one copy of this historical building code is now on file in the office of the City Clerk and the City Building Department; the other requirements of Government Code Section 50022.6 have been and shall be complied with.

H. As of the effective date of the ordinance codified in this chapter, the provisions of the historical building code are controlling and enforceable within the city. 1989766.2
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ORDINANCE NO. 2025-19
1 ORDINANCE NO. 2025-19

ADOPTION OF CALIFORNIA BUILDING STANDARDS CODES
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code):

SECTION I. SUMMARY. This ordinance adopts the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Energy Code, the 2025 California Historical Building Code, the 2025 California Existing Building Code, and the 2025 California Green Building Standards Code, with changes, additions, and deletions that are necessary because of local climatic, geological, or topographical conditions. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10.

SECTION II. Section 74-2.002 (Adoption) of Division 74 (Building Code) of the County Ordinance Code is amended to read:
74-2.002 Adoption.
(a) The building code of this county is the 2025 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), the 2025 California Residential Code (California Code of Regulations, Title 24, Part 2.5), the 2025 California Energy Code (California Code of Regulations, Title 24, Part 6), the 2025 California Historical Building Code (California Code of Regulations, Title 24, Part 8), the 2025 California Existing Building Code (California Code of Regulations, Title 24, Part 10), and the 2025 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), as amended by the changes, additions, and deletions set forth in this division and Division 72.
(b) The 2025 California Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(c) The 2025 California Residential Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(d) The 2025 California Energy Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.

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ORDINANCE NO. 2025-19
2 (e) The 2025 California Historical Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(f) The 2025 California Existing Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division
(g) The 2025 California Green Building Standards Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(h) At least one copy of this building code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(i) As of the effective date of the ordinance from which this division is derived, the provisions of the building code are controlling and enforceable within the county. (Ords. 2025-19, § 2, 2022-35 § 2, 2022-02 § 2, 2019-31 § 2, 2016-22 § 2, 2013-24 § 2, 2011-03 § 2, 2007-54 §3, 2002-31 § 3, 99-17 § 5, 99-1, 90-100 § 5, 87-55 § 4, 80-14 § 5, 74-30.) SECTION III. Chapter 74-4 (Modifications) of Division 74 (Building Code) of the County Ordinance Code is amended to read:

Chapter 74-4

MODIFICATIONS
74-4.002 Amendments to CBC. The 2025 California Building Code (“CBC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Building Code. (a) CBC Chapter 1 (Administration) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections 103 and 113 of CBC Chapter 1 are deleted.
(2) In Section 105.2 (Work exempt from permit) of CBC Chapter 1 (Administration), subsection 4, is amended to read:

4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.

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ORDINANCE NO. 2025-19
3 (3) Section 107.2.1 (Information on Construction Documents) of CBC Chapter 1 (Administration) is amended to read:
107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.
(4) Section 110.1 (Inspections - General) of CBC Chapter 1 (Administration) is amended by adding the following to the end of that section:

At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (b) Section 907.2.11.2.5.1 is added to Section 907.2.11.2.5 (Existing Group R occupancies) of CBC Chapter 9 (Fire Protection and Life Safety Systems), to read:
907.2.11.2.5.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R310.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (c) Section 1405.2 is added to Section 1405 (Combustible materials on the exterior side of exterior walls) of CBC Chapter 14 (Exterior Walls), to read:
1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated.
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ORDINANCE NO. 2025-19
4 (d) In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and Tests), Exception 1 is amended to read:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength of no greater than 2,500 pounds-per-square inch (psi) (17.2 MPa). (e) Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is deleted.
(f) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3.
(g) Section 1905.6.2 (Seismic design categories C, D, E, and F) of CBC Chapter 19 (Concrete) is amended to read:
1905.6.2 Seismic design categories C, D, E, and F. Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete, except as follows:

1. Reserved.

2. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

3. Reserved.
(h) Section 1906 (Footings for light-frame construction) of CBC Chapter 19 (Concrete) is deleted.
(i) Section 1907.5 (Minimum Slab Provisions – General) is added to Section 1907 (SlabsOn-Ground) of CBC Chapter 19 (Concrete), to read:

Section 1907.5 Minimum Slab Provisions – General. Slabs shall have a minimum reinforcement of 6-inch by 6-inch, 10-gauge wire mesh or equal at midheight of the slab. (j) Appendix C, Appendix I, and Appendix P of the CBC are incorporated into the County building code. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3, 2007-54 § 4, 2002-31 § 3, 99- 17 § 6, 99-1, 90-100 § 6, 87-55 § 5, 80-14 § 6, 74-30 § 1.)
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ORDINANCE NO. 2025-19
5 74-4.004 Amendments to CRC. The 2025 California Residential Code (“CRC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Residential Code. (a) CRC Chapter 1 (Administration) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections R103 and R112 of CRC Chapter 1 are deleted. (2) In Section R105.2 (Work exempt from permit) of CRC Chapter 1 (Administration), subsection 3 is amended to read:

3. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.
(3) Section R106.1.1 (Information on Construction Documents) of CRC Chapter 1 (Administration) is amended to read:
106.1.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.
(4) Section R109.1.1 (Foundation inspection) of CRC Chapter 1 (Administration) is amended by adding the following to the end of that section:

At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This Item F.5
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ORDINANCE NO. 2025-19
6 requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (b) Section R310.8.1.1 is added to Section R310.8 (Existing Group R-3 occupancies) of CRC Chapter 3 (Building Planning), to read:

R310.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with Section R310.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.
(c) Section R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:
(1) The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i
(2) Footnote “i” is added to Table R602.10.3(3), to read:
i. Method GB is not permitted and the use of Method PCP is limited to one-story dwellings and accessory structures.
(d) Section R602.10.4.5 (Limits on methods GP and PCP) is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read:

R602.10.4.5 Limits on methods GB and PCP. Method GB is not permitted, but gypsum board is permitted to be installed on the opposite side of the studs from other types of braced wall panel sheathing. The use of Method PCP is limited to one-story dwellings and accessory structures.
(e) Appendix BB, Appendix BF, Appendix BJ, and Appendix CI of the CRC are incorporated into the County building code. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3.)
74-4.006 Amendments to CGBSC. The 2025 California Green Building Standards Code ("CGBSC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Green Building Standards Code.
(a) Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended by adding the following to the end of that section:

The mandatory provisions of Section 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings:

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ORDINANCE NO. 2025-19
7 1. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more.

2. Alterations to existing structures impacting 5,000 square feet or more of total combined conditioned and unconditioned building area.

3. Demolition projects when a demolition permit is required.

Exception: Demolition projects undertaken because the
enforcing agency has determined that the demolition is
necessary to abate a public nuisance or otherwise protect public health and safety.

For the purposes of determining whether a project meets the 5,000 square-foot threshold, the enforcing agency may deem all phases of a project and all related projects taking place on a single parcel, or on two or more adjoining parcel(s), as a single project.
(b) Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to read:

Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall be required for additions, alterations, and demolition whenever a permit is required for work.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.
(c) Section 4.106.4.2.2 (Multifamily Dwellings) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by adding subsection (2)(d) to the end of that section, to read:
d. EV Chargers. Notwithstanding anything in this section to the contrary, at least ten (10) percent of the total number of parking spaces shall be equipped with fully-operational Level 2 EVSE.
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ORDINANCE NO. 2025-19
8 (d) Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 4.408.2.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite.
(e) Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.2 Construction waste management plan. Submit a construction waste management plan for the project in conformance with Items 1 through 5 prior to issuance of a building permit. The construction waste management plan shall be updated as necessary, subject to approval by the enforcing agency. The approved plan, and any updates, shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

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9 for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales, or not practical due to materials being reused on-site or elsewhere, or not practical due to other considerations, and upon approval by the enforcing agency, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose.
(f) Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted.
(g) Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.5 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section 4.408.4 or Section 4.408.4.1, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantity, by weight, of each material type diverted or disposed, consistent with the requirements of Section

4.408.2, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section 4.408.4 or Section 4.408.4.1, documentation of the quantity, by weight, of each material type disposed of and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report.

Item F.5
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ORDINANCE NO. 2025-19
10 (h) Table 5.106.5.3.1 (EV Capable Spaces and EVCS) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

TABLE 5.106.5.3.1 – EV CAPABLE SPACES AND EVCS

TOTAL NUMBER

OF ACTUAL

PARKING SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

OTHER THAN

OFFICE AND

RETAIL NUMBER

OF REQUIRED
EVCS2,3

OFFICE AND
RETAIL

NUMBER OF

REQUIRED
EVCS2,3
1-9 0 0 0
10-25 4 3 3
26-50 8 5 6
51-75 13 8 8
76-100 17 10 13
101-150 25 15 19
151-200 35 20 26
201 and over 20 percent of EV
capable spaces1
50 percent of EV
capable spaces1
75 percent of
EV capable
spaces1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. Each EVCS shall reduce the number of required EV capable spaces by the same number.

3. At least one Level 2 EVSE shall be provided.
(i) Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist.
(j) Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the project in conformance with Items 1 through 5 prior to issuance of a building permit. The construction waste Item F.5
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ORDINANCE NO. 2025-19
11 management plan shall be updated as necessary, subject to approval by the enforcing agency. The approved plan, and any updates, shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales, or not practical due to materials being reused on-site or elsewhere, or not practical due to other considerations, and upon approval by the enforcing agency, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose.
(k) Section 5.408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is deleted.
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ORDINANCE NO. 2025-19
12 (l) Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.4 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but may not necessarily be limited to, the following:

1. Documentation of the quantity, by weight, of each material type diverted or disposed, consistent with the requirements of Section

5.408.1.1, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section 5.408.1.3, documentation of the quantity, by weight, of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2015-22 § 2.) 74-4.008 Amendments to CEBC. The 2025 California Existing Building Code (“CEBC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72.

Section numbers used in this section are those of the 2025 California Existing Building Code (a) CEBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections 103 and 112 of CEBC Chapter 1 (Scope and Administration) are deleted. (2) Section 106.1 (Construction Documents - General) of CEBC Chapter 1 (Scope and Administration) is amended by deleting the exception. (3) Section 106.2.1 (Construction documents) of CEBC Chapter 1 (Scope and Administration) is amended to read:
106.2.1 Construction documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic Item F.5
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ORDINANCE NO. 2025-19
13 media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all applicable laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and for the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the tops and toes of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.
(Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3.) 74-4.010 Reserved.
(Ords. 2025-19 § 3, 2022-35 § 3, 2022-02 § 3.)
SECTION IV. Section 76-2.002 (Adoption) of Division 76 (Electrical Code) of the County Ordinance Code is amended to read:
76-2.002 Adoption.
(a) The electrical code of this county is the 2025 California Electrical Code (California Code of Regulations, Title 24, Part 3) (“CEC”), as amended by the changes, additions, and deletions set forth in this division and Division 72.
(b) The 2025 California Electrical Code, with the changes, additions, and deletions set forth in Chapter 76-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(c) At least one copy of this electrical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(d) As of the effective date of the ordinance from which this division is derived, the provisions of the electrical code are controlling and enforceable within the county. (Ords. 2025-19 § 4, 2022-35 § 4, 2019-31 § 4, 2016-22 § 4, 2013-24 § 4, 2011-03 § 4, 2007-54 § 5, 2002-31 § 4, 99-17 § 11, 89-60 § 2, 82-23 § 2, 79-67, 76-24.) ///
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ORDINANCE NO. 2025-19
14 SECTION V. Section 78-2.002 (Adoption) of Division 78 (Plumbing Code) of the County Ordinance Code is amended to read:
78-2.002 Adoption.
(a) The plumbing code of this county is the 2025 California Plumbing Code (California Code of Regulations, Title 24, Part 5), as amended by the changes, additions, and deletions set forth in Division 72.
(b) The 2025 California Plumbing Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this plumbing code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(d) As of the effective date of the ordinance from which this division is derived, the provisions of the plumbing code are controlling and enforceable within the county. (Ords. 2025-19 § 5, 2022-35 § 5, 2019-31 § 5, 2016-22 § 6, 2013-24 § 5, 2011-03 § 5, 2007-54 § 6, 2002-31 § 5, 99-17 § 12, 74-29.)
SECTION VI. Section 710-2.002 (Adoption) of Division 710 (Mechanical Code) of the County Ordinance Code is amended to read:
710-2.002 Adoption.
(a) The mechanical code of this county is the 2025 California Mechanical Code (California Code of Regulations, Title 24, Part 4), as amended by the changes, additions, and deletions set forth in Division 72.
(b) The 2025 California Mechanical Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this mechanical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(d) As of the effective date of the ordinance from which this division is derived, the provisions of the mechanical code are controlling and enforceable within the county. (Ords. 2025-19 § 6, 2022-35 § 6, 2019-31 § 6, 2016-22 § 7, 2013-24 § 6, 2011-03 § 6, 2007-54 § 7, 2002-31 § 6, 99-17 § 13, 88-91 § 5, 74-31.) ///
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ORDINANCE NO. 2025-19
15 SECTION VII. Section 72-6.212 of the County Ordinance Code is amended to read:
72-6.212 Expiration of permit.
(a) A permit issued by the county building official becomes void if either of the following occur:
(1) The work authorized by the permit is not commenced within 12 months after the permit issuance date. Evidence that work has commenced consists of at least one approved inspection.
(2) The work authorized by the permit is suspended or abandoned for a period of 12 consecutive months after the work is commenced. Work is deemed suspended or abandoned for a period of 12 consecutive months if no approved inspection occurs during that time.
(b) A permittee holding an unexpired permit may apply to the county building official for a permit extension. Upon written request by the permittee demonstrating justifiable cause for the delay, the county building official may grant one or more extensions of time for additional periods not exceeding 180 days per each extension. (c) Once a permit becomes void, a new permit must be obtained before any work is commenced or recommenced, and a new permit fee must be paid. (Ords. 2025-19 § 7, 2022-35 § 7, 2019-31 § 7, 2007-54 § 2, 2002-31 § 2, 99-1 § 5, 87-55 § 3, 80-14 § 3, 74- 32 § 2, 71-32 § 1, 67-70 § 3: prior code § 7106: Ord. 1372 § 5H).

SECTION VIII. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2025 California Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Historical Building Code, Existing Building Code, or Green Building Code, as adopted and amended herein, is declared for any reason to be invalid by a court, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination herefrom of any portion or provision as may be declared invalid by a court.
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ORDINANCE NO. 2025-19
16 SECTION IX. EFFECTIVE AND OPERATIVE DATES. This ordinance becomes effective 30 days after passage. This ordinance becomes operative January 1, 2026, or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code section 25124, with the names of supervisors voting for and against it.

PASSED on ___________________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: MONICA NINO, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: December 16, 2025
SUBJECT:

Camino Pablo Median Landscape Improvements Project (Project No. 5019) Design Approval and Construction Contract
EXECUTIVE SUMMARY:

The City Council will consider approving a design and awarding a construction contract to Marina Landscape, Inc. for the Camino Pablo Median Landscape Improvements Project (Project No. 5019). Developed to enhance evacuation efficiency and emergency vehicle access along one of Orinda’s primary emergency routes, the Project includes two new median openings, updated irrigation, landscaping, traffic safety improvements, and installation of a Qwick Kurb delineation system.

RECOMMENDATION:

Approve the design for the Camino Pablo Median Landscape Improvements (Project No. 5019) and award the construction contract to Marina Landscape, Inc. of Orange, California, in the amount of $202,085 and authorize the City Manager to approve contract change orders up to 15% ($30,315). The total authorized amount, including contingency, is $232,400.

BACKGROUND:

As part of the General Plan Safety Element Update, the City of Orinda prepared an Evacuation Analysis Report, published in January 2023, to improve safety and efficiency during large-scale emergencies such as wildfires. Camino Pablo, one of Orinda’s primary north, south arterials, serves as a critical evacuation route providing direct access to State Route 24.

To enhance emergency response and public safety, the Camino Pablo Median Landscape Improvements Project was developed with the primary goal of improving evacuation efficiency and emergency vehicle access along this corridor. The Project’s key safety feature includes the construction of two new median openings strategically located to facilitate emergency vehicle movement and provide additional public egress options during an evacuation.

In addition to the new median openings, the Project includes removal of existing landscaping and irrigation components, installation of a new irrigation system, planting of Item F.6
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drought-tolerant landscaping, paving improvements, and installation of a “Qwick Kurb” Delineation System to enhance traffic safety and channelization.

Overall, the Camino Pablo Median Landscape Improvements Project integrates emergency access, traffic safety, and landscape enhancements into a coordinated effort that strengthens Orinda’s emergency preparedness while preserving the aesthetic character of one of its most visible corridors.

DISCUSSION:

Approval of Project Design
City Council approval of the construction plans (Attachment A) is recommended, in accordance with design immunity defense requirements listed under California Government Code Section 830.6.

The Orinda Garden Club, a major stakeholder and donor, collaborated with City staff to the new landscape design. The goal was to ensure that the new median plantings match the existing medians. However, due to the median being located entirely within Caltrans right-of-way, plantings are evaluated for height and must be modified to address Caltrans’ requirements. Staff is still working with representatives on the Garden Club to identify the appropriate plants and hardscape materials to complement the existing medians outside of Caltrans’ responsibility, however, the material selection should not hold up the awarding of the bid. Caltrans has reviewed and approved the project for construction, confirming compliance with state standards and long-term corridor management objectives.

Bid Evaluation
The Project was advertised for bids on September 25, 2025, with an Engineer’s Estimate of $175,000.

On October 28, 2025, the City received one bid for the construction contract from Marina Landscape, Inc. (“Marina”) in the amount of $202,085. Staff determined the bid to be complete and responsive. Marina is headquartered in Orange, California, with a satellite office in Lathrop, California and based on reference checks is deemed fully qualified and responsible to perform the work. Staff therefore recommends awarding the construction contract to Marina in the amount of $202,085.

Contingency and Change Orders
A 15% contingency ($30,315) is recommended to accommodate potential changes in quantities or unforeseen field conditions. Any change orders will be administratively approved by the City Manager, provided that the cumulative total does not exceed the authorized contingency amount.

The total authorized contract amount, including bid and contingency, is $232,400. The contingency funds will be used only as necessary and based on documented and justified changes during construction.

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FISCAL IMPACT:

The cost for the construction contract with Marina Landscape, Inc., including a 15% contingency, is $232,400. Design cost is approximately $15,000.

Sufficient funds exist in the current budget for the subject contract, as shown below:

Funding Source Fiscal
Year Budgeted Amount
#263 Other Grants (Donation - Orinda Garden Club) 2025-26 $80,000 #700 Capital Improvement Fund 2025-26 $200,000
Total: $280,000
Expended to date: (15,000)
Available Funds: $265,000
The total project cost is expected to not exceed of $250,000.

STRATEGIC PLAN INITIATIVE:
1) Wildfire Resilience and Emergency Preparedness
1c. Strengthen regional collaboration with state and federal partners. 2) Infrastructure Strategy and Improvement
2d. Focus on capital projects that enhance circulation, mobility, and transportation and improve road safety overall.

ATTACHMENTS:

A. Camino Pablo Median Landscape Improvement Plan
Respectfully Submitted by:

Scott Christie, Public Works Director
Approved By:

Linda Smith, City Manager
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: December 16, 2025
SUBJECT:

Proposed Solid Waste Rate Adjustments for Orinda Residential and Commercial Customers for March 1, 2026, to February 28, 2027
EXECUTIVE SUMMARY:

The City Council will review, discuss, and receive public input on the proposed solid waste rate adjustments in order to provide input to the City’s two representatives, Councilmembers Gee and Riley, who serve on the RecycleSmart Joint Powers Authority Board of Directors, for consideration of rate adjustments to be effective March 1, 2026.

RECOMMENDATION:

Review, discuss, and receive public input on the proposed solid waste rate adjustments.

BACKGROUND:

RecycleSmart is a Joint Powers Authority (JPA) whose members consist of the cities of Orinda, Town of Danville, Lafayette, Town of Moraga, Walnut Creek and Contra Costa County for the unincorporated portions of Central County. The JPA was formed in 1994 to provide more effective negotiations with solid waste vendors. Currently, Orinda’s two representatives on the JPA’s governing board are Councilmember Darlene Gee and Councilmember Janet Riley. City representatives to the JPA are voting Board Members and will consider its annual adjustment of rates. The current solid waste provider to RecycleSmart JPA is Republic Services, who will be entering into its 12th year of a franchise agreement.

This information is on the City Council agenda in advance of RecycleSmart’s board meeting to consider garbage and recycling rate adjustments for the upcoming rate year 12 (March 1, 2026 - February 28, 2027). Since the JPA is a separate entity, tonight’s item provides an opportunity to review, discuss, and receive public input on the proposed solid waste rate adjustments, which will be considered and enacted by the RecycleSmart JPA Board at their January 27, 2026, Board Meeting.

DISCUSSION:

The RecycleSmart Board sets solid waste rates every year for residential and commercial service and calculates a revenue requirement for each member agency. The revenue requirement is calculated based on the actual cost of the services. RecycleSmart develops various rate adjustment scenarios in accordance with the rate setting Item H.1
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methodology in the JPA’s service agreement with Republic Services. The rate setting methodology prescribes specific factors to be used for the calculation of a Rate Adjustment Factor which is then translated into a change of required revenue from one year to the next.

Adjustment To Address Basic Operating Costs
The development of proposed rates considers the anticipated revenue from Orinda’s current rates and calculates an increase in Orinda’s Rates for Year 12, which would result in the total revenue requirement for March 2026 – February 2027. The JPA has calculated that applying a 2.0% increase to the current rates will produce the required base revenue of $7,790,572 without impacting reserve funds.

Adjustment To Address Garbage Vehicle Street Impacts
In addition to the operating cost adjustment, RecycleSmart included a City request to recover street maintenance costs from Republic Services for the impact of its garbage and recycling vehicles on its public roads. As a regulatory fee directly related to the service it provides, Republic Services has the option to pass it through to the ratepayers, which they have done. These funds are remitted to the City from RecycleSmart. The City records this revenue and associated expenditures in a separate special revenue fund, which is used solely for the maintenance of public roadways throughout Orinda.

In order to determine the cost to Republic Services, a Refuse Vehicle Street Maintenance Cost Analysis was completed in 2017 (Attachment A). The study evaluated actual road maintenance expenditures between Fiscal Year 2013-2017 and calculated the impact from refuse vehicles using the costs over the five-year period. For the current year (Rate Year 11), the City is scheduled to receive from RecycleSmart $1,269,662 in refuse vehicle impact fee based on “Current Funding” impacts, which included an adjustment by construction cost index. This is referred to in the “Current Funding” column in Table 1 of the study.

Based on the request from City representatives, the vehicle impact fee for Rate Year 12 is recommended to adjust by the construction cost index to $1,297,023, for a 2.15% increase. Based on the study methodology (which included major improvement/maintenance costs in recent years) the current fee is approximately 86% of the total vehicle impact fee of $1,509,986 that can be assessed based on the “Target Funding” impact, as adjusted for construction cost index.

Reserve Fund Status
The JPA also accounts for reserve funds allocated to each member jurisdiction. The reserves could offset any future revenue shortfalls. The balance of the Reserve Fund on February 28, 2026, is estimated to be $1,640,292 and is projected to be approximately $2,554,072 by February 2027 at the conclusion of Rate Year 12.

Combined Components of Garbage Company Revenue Adjustments Proposed The combination of the rate increase for Rate Year 12 required includes: $152,849 for general operating costs and $614,122 in additions to reserves, results in a proposed solid waste rate increase of 6.00% (Operating costs 2.00% and Reserves 4.00%).

Item H.1
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RecycleSmart has prepared estimates of the change in rates charged to the customer to generate the target Company Revenue including the refuse vehicle impact fees. The impact to rates is based on current subscribership to the various service levels. The following table shows the current charges and the proposed charges if the recommended

6.00% rate increase is approved.

Proposed Rate Scenario (March 2026-February 2027) *
Service
Level/Size
Current
Monthly
Rates
Proposed Rate
March 1, 2025
(Rate Year 12)
$ Change
per Month
(+6.00%)
Residential
20-Gallon $58.90 $61.86 + $2.96
32-Gallon $67.31 $70.68 + $3.37
64-Gallon $126.26 $132.6 + $6.34
Commercial
2 CY (1x/wk) $783.28 $783.28 + $39.31
3 CY (1x/wk) $1,174.90 $1233.86 + $58.96
*Information provided by RecycleSmart on 12-09-25

The majority (79%) of residential units in Orinda subscribe to either a 20-gallon can, or a 32-gallon can. Therefore, the monthly cost of the increase would be $2.96 - $3.37 for most residential customers. There is no additional charge for the recycling and organics pickup. Residential customers are billed directly by Republic Services quarterly.

FISCAL IMPACT:

If rates are not increased as proposed, it is projected that the revenue requirement will not be met. Although the City could request use of the account established for Orinda JPA reserves, this is subject to approval by the JPA Board. The proposed increase in Reserves is necessary to maintain adequate reserve funding for use in mitigating future rate increases and potential cost of changing service providers. Franchise fee revenue will increase proportionate to the changes in rates.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. HF&H Refuse Vehicle Street Maintenance Cost Analysis B. Recycle Smart’s Summary of Orinda Rates – Rate Year 12 Respectfully Submitted by,
Douglas Alessio, Assistant City Manager
Approved By:

Item H.1
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Linda Smith, City Manager
Item H.1
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1850 MT DIABLO BLVD, SUITE 320 ● WALNUT CREEK CA 94596 ● (925) 906-1801 ● FAX 925-906-1801 ● WWW.RECYCLESMART.ORG On November 17, 2025, the Central Contra Costa Solid Waste Authority (RecycleSmart) staff met with the City of Orinda’s (City) Council representatives and their staff. At this meeting the components of Rate Year 12 (March 1, 2026 – February 28, 2027) rate setting were analyzed, explained and discussed. This letter summarizes the results of the November 17 meeting. We reviewed the City’s RY12 Revenue Requirement and its components as shown in Table 1 below:

Table 1 – RY12 Revenue Surplus (Shortfall)
Orinda
Republic's Compensation $5,282,032
1 Base Services
Member Agency/JPA-related Expenses
2 Franchise Fees $644,408
3 Vehicle Impact Fees $1,297,023
4 JPA Expenses 224,183
5 Recycling Processing Cost 231,279
6 Total MA/JPA-related Expenses $2,396,893
Other Program Costs $111,647
7 Reuse/Clean up Program
8 Revenue Requirement RY 12 $7,790,572
RY 11 Revenue Requirement $7,637,723
RY 11 Reserve Increase/Decrease $291,234
9 "Adjusted RY 11 Revenues" $7,928,957
10 RY12 Surplus/ (Shortfall) Prior to Use of Reserves 138,385 RY12 Reserve Increase/Decrease 614,122
11 RY12 Surplus/ (Shortfall) After Use of Reserves (475,737) Item H.1
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1850 MT DIABLO BLVD, SUITE 320 ● WALNUT CREEK CA 94596 ● (925) 906-1801 ● FAX 925-906-1801 ● WWW.RECYCLESMART.ORG The total RY12 Revenue Requirement for the City is $7,790,572 (Line 8). As shown on Line 9, the adjusted prior year revenues are $7,928,957 for a projected revenue shortfall (after the addition of $291,234 in reserves) of $475,737 (Line 11). The franchise fee percentage of 12.2% of Republic’s Compensation remains unchanged and the City’s charge to Republic for its refuse vehicles’ impact to City streets was increased for inflation per the Consumer Price Index (CPI).

A 6% rate increase was proposed resulting in a projected reserve balance of $2,554,072 at the end of RY12. Table 2 shows the proposed R12 rates for the most commonly subscribed services.

Table 2 – Proposed RY12 Rates
Residential RY12
20-gal $61.86
32-gal $70.68
64-gal $132.60
Commercial RY12
2CY (1x/wk) $822.59
3CY (1x/wk) $1,233.86
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Managing Tomorrow’s Resources Today
201 N. Civic Drive, Suite 230 Robert D. Hilton, CMC
Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
Fax: 925/977-6955 Richard J. Simonson, CMC
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton, CMC
October 25, 2017
Mr. Steve Salomon
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Sent via e-mail: [email protected]
Subject: Refuse Vehicle Street Maintenance Cost Analysis – Final Report Reference Number: S2026
Dear Mr. Salomon:

HF&H Consultants, LLC (HF&H) was engaged by the Central Contra Costa Solid Waste Authority (Authority) and the City of Orinda (City) to update the 2008 analysis we performed, which determined the impact of solid waste, recycling, and yard waste vehicles (Refuse Vehicles) on street maintenance costs (i.e., maintenance, rehabilitation, and reconstruction costs) within the City’s maintained road system.

In our previous report to the City in 2008, HF&H identified approximately $153,000 per year in street impacts associated with the City’s Refuse Vehicle traffic. In 2017, HF&H conducted an update of the analysis and the assumptions have been updated to reflect Republic Service’s (Company) current collection methodology, vehicles, and changes in the City’s street maintenance funding levels. Our updated analysis has identified approximately $661,200 per year in street impacts associated with the City’s Refuse Vehicle traffic.

Our analysis is based on available information related to street maintenance costs, funding sources, street design specifications, and vehicle profiles for the types of Refuse Vehicles providing service in the City, their weights, axle configurations, and service frequency. Should there be any future material changes to that information, or within five years regardless of such changes, the City should review the calculated impacts and any associated fees that might be established.

Objectives
The objectives of the engagement were to:

1. Update the calculation of the City’s average annual expenditures for pavement-related street maintenance net of gas tax apportionments based on Fiscal Years Ending (FYE) 2013 through 2017 (Average Annual Expenditures);

2. Estimate the projected Average Annual Expenditures based on the City’s pavement rehabilitation program over the next five years (FYE 2018 through 2022); and, Item H.1
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3. Allocate the Average Annual Expenditures based on the percentage impact of Refuse Vehicles, other trucks, and automobiles on the City’s streets.

Findings
As shown in the following tables and based on the approach described below:

1. We calculate Average Annual Expenditures of $4,403,100 based on actual spending as demonstrated in the City’s Streets and Roads Report to the State of California Controller’s Office for FYE 2013 through 2017;

2. We calculate projected expenditures of $7,365,700 based on the City’s planned pavement rehabilitation program;

3. Refuse Vehicles account for approximately 15% of the total impact that a typical street experiences; and,

4. Based on 15% attribution to Refuse Vehicles, the share of the Average Annual Expenditures attributable to Refuse Vehicles is $661,200 at current funding levels, and $1,106,100 at the projected pavement rehabilitation program funding level as shown in Table 1.

TABLE 1: SUMMARY FINANCIAL IMPACTS
(INCLUDES ALL STREET CLASSIFICATIONS)
Note: Numbers may not sum exactly due to rounding.

If the City wishes to recover the amount attributable to the impact of the Company’s Refuse Vehicles, it would assess the Company an annual Refuse Vehicle Impact Fee of: $661,200 for the current funding scenario; or, $1,106,100 for the target funding scenario. @ Current Funding @ Target Funding
$ 382,300 228,500 $ 5.2%
$ 290,000 173,400 $ 3.9%
$ 382,300 228,500 $ 5.2%
$ 25,500 15,200 $ 0.3%
$ 10,600 6,300 $ 0.1%
$ 15,400 9,300 $ 0.2%
$ 1,106,100 661,200 $ 15.0%
ALL OTHER VEHICLES 3,741,900 $ 6,259,600 $ 85.0%
$ 7,365,700 4,403,100 $ 100.0%
Street Maintenance Cost Impact
Vehicle Type
TOTAL

REFUSE VEHICLE SUBTOTAL
Residential Recycling Vehicles
Commercial Recycling Vehicles
Commercial Organics Vehicles
Percent of Total
Impacts
Residential Solid Waste Vehicles
Residential Yard Waste Vehicles
Commercial Solid Waste Vehicles
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Tables 2 through 4 illustrate the impact of all vehicle types by each road classification, which combine to the system-wide values presented above in Table 1. It is worth noting that the vast majority of the impacts of Refuse Vehicles occur on the residential street type. Residential streets are designed to the lowest standard of all streets in the City. Their primary function is to provide access to individual residential properties for motorized vehicles, bicycles, and pedestrians. The residential streets are not designed to accommodate the frequency and loading of a Refuse Vehicle. A collector street is a low-to-moderate capacity road that moves traffic from residential streets to arterials. These types of streets are designed to a higher standard than residential streets to accommodate larger vehicles and more volume. Arterial streets provide direct, relatively high speed service for longer trips and large traffic volumes and are designed to the highest standard.

TABLE 2: RESIDENTIAL STREET IMPACT ANALYSIS
per lane @ Current Funding @ Target Funding
1,156 219,900 $ 367,800 $ 7.2%
877 166,800 $ 279,000 $ 5.5%
1,156 219,900 $ 367,800 $ 7.2%
3,188 606,600 $ 1,014,600 $ 20.0%
12,762 2,427,700 $ 4,061,300 $ 80.0%
15,950 3,034,300 $ 5,075,900 $ 100.0%
Vehicle Type
Total ESAL
Loadings /
Vehicle Type
Residential Recycling Vehicles

ALL OTHER VEHICLES
Residential Solid Waste Vehicles
Street Maintenance Cost Impact
Residential Yard Waste Vehicles

REFUSE VEHICLE SUBTOTAL
TOTAL
Percent of Total
Impacts
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TABLE 3: COLLECTOR STREET IMPACT ANALYSIS
TABLE 4: ARTERIAL STREET IMPACT ANALYSIS
It should be noted that reasonable ranges exist for various key assumptions used in our analysis, and that the analysis is highly sensitive to changes in certain key assumptions. A discussion of key assumptions and sensitivities is provided later in this report. In a number of cases, this report relied on representations provided by City and Republic staff, which we assumed to be informed and reliable. per lane @ Current Funding @ Target Funding
1,156 6,500 $ 10,900 $ 0.9%
877 5,000 $ 8,300 $ 0.7%
1,156 6,500 $ 10,900 $ 0.9%
2,030 11,500 $ 19,200 $ 1.7%
840 4,800 $ 8,000 $ 0.7%
1,229 7,000 $ 11,600 $ 1.0%
7,287 41,300 $ 68,900 $ 6.0%
113,734 643,100 $ 1,076,000 $ 94.0%
121,021 684,400 $ 1,144,900 $ 100.0%
Percent of Total
Impacts
Street Maintenance Cost Impact

REFUSE VEHICLE SUBTOTAL
Residential Recycling Vehicles
Commercial Recycling Vehicles
Residential Solid Waste Vehicles
Residential Yard Waste Vehicles
Vehicle Type
Commercial Solid Waste Vehicles
Commercial Organics Vehicles
Total ESAL
Loadings /
Vehicle Type

ALL OTHER VEHICLES
TOTAL
per lane @ Current Funding @ Target Funding
1,156 2,100 $ 3,600 $ 0.3%
877 1,600 $ 2,700 $ 0.2%
1,156 2,100 $ 3,600 $ 0.3%
2,030 3,700 $ 6,300 $ 0.5%
840 1,500 $ 2,600 $ 0.2%
1,229 2,300 $ 3,800 $ 0.3%
7,287 13,300 $ 22,600 $ 1.9%
364,390 671,100 $ 1,122,300 $ 98.1%
371,677 684,400 $ 1,144,900 $ 100.0%
Commercial Solid Waste Vehicles
Commercial Recycling Vehicles
Residential Solid Waste Vehicles
Residential Yard Waste Vehicles
TOTAL
Residential Recycling Vehicles

REFUSE VEHICLE SUBTOTAL
Commercial Organics Vehicles
Percent of Total
Impacts Vehicle Type
Total ESAL
Loadings /
Vehicle Type
Street Maintenance Cost Impact

ALL OTHER VEHICLES
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Overview
Road maintenance is based on deterioration. While roads will deteriorate if simply left unused, most deterioration is associated with use. The damage caused by vehicles increases much more than proportionately with size and weight. Hence, maintenance costs are greater for trips made by heavy vehicles. A single, large truck can cause as much damage as thousands of automobiles, and a truck’s configuration can affect the amount of damage as well. If the load is spread over more axles, allowing for less weight on each wheel, then damage is reduced.1
Refuse Vehicles are generally some of the heaviest
vehicles regularly operating on City streets. Accordingly, these vehicles contribute significantly to the cost of maintaining those streets.

The unit of measure used to rate the condition of pavement is the Pavement Condition Index (PCI), which rates pavements on a score of 0 to 100. Local roads within the Bay Area have an average PCI of 65. The City has reported that its streets have an average PCI of 56, which falls in the category of “Poor”.

Pavements in this range are significantly deteriorated and require immediate attention, including reconstruction and rehabilitative work.

Rapid deterioration of pavement typically occurs after roadways drop to a PCI score of 60 or lower;2 therefore, assuring adequate funding for an effective pavement management program for the City’s streets is critical and is one of the most financially prudent steps the City can take. Delays in preventative maintenance increase the quantity and severity of pavement defects, and result in higher costs during pavement life. Consequently, using only a routine and reactive approach will considerably increase the life cycle costs of the pavement. 3
Background
Starting on March 1, 2015, Republic began providing collection services for solid waste, recycling, and organics exclusively for residential and commercial customers in the City. Residential solid waste, recycling, and organics service is provided weekly with one of three types of Refuse Vehicle:
x 60% of residential accounts are serviced with side-loading vehicles that generally make a single pass down each side of a street to provide service (i.e., they service one side of the street on each pass);
x 20% of accounts are serviced by a Front End Loader with a Curroto Can attached to the front of the vehicle; and,
x 20% of accounts are serviced with a hard-to-service (HTS) vehicle. These Refuse Vehicles are typically much lighter, have a smaller capacity, and have a smaller impact on streets.

Commercial collection service is provided by Republic in varying frequencies to customers by front-loading vehicles. These vehicles service the average commercial solid waste accounts 2.1 times per week, but make 2 passes down the same street for a total of 4.2 times per week. Commercial recycling is collected on average 1.3 time per week with 2 passes made down the same street for a total of 2.6 times per week. 1 Rufolo, Cost-Based Road Taxation, Cascade Policy Institute, Policy Perspective #5, November 1995. 2 Metropolitan Transportation Commission, “Current Issues in Pavement Maintenance and Management.” July 2002 3 A Pavement Preventative Maintenance Program; Larry Galehouse, P.E., L.S.; Michigan Department of Transportation.

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Commercial organics are collected on average 1.3 times per week with 2 passes made down the same street for a total of 2.6 times per week.

Approach
Our analysis is based on the City’s projected Average Annual Expenditures and allocates the Average Annual Expenditures attributed to the impacts of Refuse Vehicles on the City’s streets. The basis for allocating the Average Annual Expenditures is made by calculating the Equivalent Single Axle Load (ESAL) of each type of vehicle traveling on the City’s streets, as described below.

The underlying premise for the analysis is similar to that of the 2008 Refuse Vehicle Impact Analysis. The weight and loading of Refuse Vehicles imposes a particular, specific, and quantifiable impact on City streets. The analysis is based on the fact that the City’s streets are designed to handle a certain amount of vehicle traffic (loading) over their design life. That loading is a function of both the number and weight of vehicles. The lifetime “vehicle loading” that a street can accommodate can be expressed as the total number of ESALs. Each vehicle type (e.g., Refuse Vehicles, other trucks, and automobiles) can be converted into an associated ESAL, based on the vehicle’s weight and its distribution among the vehicle’s axles. By projecting the type and number of vehicles that will travel on a street over its design life, the total number of ESALs can be calculated, and the street designed to handle that projected loading.

Similarly, the relative impact of each type of vehicle on that street can be calculated, based on the percentage of the total ESALs attributed to each vehicle type.

Methodology
The methodology used to project the impact of Refuse Vehicles can be summarized as follows:

Determine Design Standard
HF&H worked with the City and Republic to review the pavement design standards and the number of average daily vehicle trips by vehicle type (Refuse Vehicles, other trucks, and automobiles) on City roads used in our analysis. For the purposes of this study, we only updated the Refuse Vehicle data. We used the same design standards as these standards have not changed since the 2008 analysis. Residential streets are assumed to be designed to a traffic index (TI) of 5.5 or 15,950 ESALs. Collector streets are assumed to be designed to a TI of 7.0 or 121,021 ESALs and arterial streets are designed to a TI of 8.0 or 371,677 ESALs.

Determine the Impact of Each Vehicle Type
HF&H collected from Republic and through independent investigation, vehicle weights and profiles for the various vehicles being studied in this analysis. Each vehicle type was modeled based on weight, vehicle specifications, axle profile, and average payload. This modeling produced an average ESAL for each vehicle type, which was then used to assess the direct impact of each vehicle trip by each vehicle type.

Project Maintenance Costs Associated with Each Vehicle Type x The City provided its annual Streets and Roads Report data for the period FYE 2013 through 2017.

These annual costs were escalated by the five year average of the Engineering News Record Item H.1
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Construction Cost Index for San Francisco to bring the costs into current 2017 dollars. This data was used to calculate the percentage of funding that was dedicated to pavement- versus non-pavementrelated activities. This calculation was used as the basis for the Average Annual Expenditures at the current spending level;
x The City provided its FYE 2018 through 2022 pavement rehabilitation program expenditure and funding estimates. The funding amounts for each of the five years were reduced by restricted funding sources (e.g., gas taxes) and projects not having to do with pavement maintenance (e.g., traffic improvements, pedestrian/bicycle projects, etc.). The funding amount for the five-year period was averaged and that average was used as the basis for the projected expenditures; x The Average Annual Expenditures and projected expenditures were allocated among residential, collector, and arterial streets in proportion to the percentage of lane miles for each of those street classifications; and,
x The residential, collector, and arterial street portions of the Average Annual Expenditures and projected expenditures were allocated among the various vehicle types in proportion to the calculated impact of each vehicle type, as determined above.

Key Assumptions/Inputs
The analysis relied in part on the following key assumptions, provided largely by the City and Republic and supplemented with data from other sources as noted:
x Residential streets account for approximately 68.9% of the total residential, collector, and arterial lane miles in the City;
x Collector streets account for approximately 15.5% of the total residential, collector, and arterial lane miles in the City;
x Arterial streets account for approximately 15.5% of the total residential, collector, and arterial lane miles in the City;
x Residential solid waste, recycling, and yard waste services are provided weekly; x Residential solid waste service is provided to 20% of the accounts using the smaller, lower impact HTS vehicles;
x Residential solid waste and organic payloads collected with the front end loader vehicles equipped with the Curroto Can are 21,250 pounds per load on average; x Residential solid waste and organic payloads collected with the standard side-loader vehicles are 18,850 pounds per load on average;
x Residential solid waste and organic payloads collected with the HTS vehicles are 11,960 pounds per load on average;
x Residential recycling payloads collected with the front end loader vehicles equipped with the Curroto Can are 15,000 pounds per load on average;
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x Residential recycling payloads collected with the standard side-loader vehicles are 15,000 pounds per load on average;
x Residential recycling payloads collected with the HTS vehicles are 8,970 pounds per load on average; x Commercial solid waste payloads are 22,850 pounds per load on average; x Commercial recycling payloads are 15,000 pounds per load on average x Commercial organic payloads are 22,850 pounds per load on average x Residential streets are designed to a TI of 5.5;
x Collector streets are designed to a TI of 7.0;
x Arterial streets are designed to a TI of 8.0;
x Refuse Vehicles servicing residential containers typically travel on each residential street segment twice to provide service (i.e., they service one side of the street on a single pass);4 x Commercial Refuse Vehicles service the average account for solid waste 2.1 times per week and make 2 passes for each account for a total of 4.2 trips per week; x Commercial recycling collection vehicles service the average account for solid waste 1.3 times per week and make 2 passes for each account for a total of 2.6 trips per week; x Commercial organic collection vehicles service the average account for solid waste 1.3 times per week and make 2 passes for each account for a total of 2.6 trips per week; x Refuse Vehicle tare weight and payload weight data was provided by Republic and was based on actual data for a “representative” vehicle from their total fleet for each of the truck types; x Refuse Vehicle axle weight distribution profiles were based on data provided by vehicle manufacturers for the same or similar vehicle types;
x Axle weight data for other trucks and automobiles was based on data compiled from a variety of sources including vehicle manufacturers and industry publications; x The City’s Average Annual Expenditures are approximately $4,403,100; and, x The City’s projected annual expenditures are approximately $7,365,700.

Using the assumptions noted above, the portion of the City’s Average Annual Expenditures associated with Refuse Vehicles was calculated following the previously described methodology.

Sensitivity Analysis
As noted in the Limitations section below, our analysis is based on a number of key assumptions, and changes to those assumptions may have a material impact on the resulting findings. The following 4 The analysis does not account for any additional passes due to vehicle routing (e.g., “dead-heading” over a previously serviced street).

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information provides an overview of the relative impact of changes in certain key assumptions on the projected impacts associated with Refuse Vehicles.

Average Annual Non-Discretionary Funding Shortfall
Our analysis is based on Average Annual Expenditures of approximately $4,403,100 and projected expenditures of approximately $7,365,700. Changes to those amounts would have a proportionate effect on the amount allocated to Refuse Vehicles, provided that the allocation of the Average Annual Expenditures to each functional classification of streets remains the same (e.g., a change in the Average Annual Expenditures amount of 10% would result in a 10% change in the amount of costs allocated to Refuse Vehicles).

Refuse Vehicle Trips
Changing the number of trips assumed for Refuse Vehicles has a direct effect on the projected impacts (e.g., the calculated impact for a Refuse Vehicle making two passes down each street segment is twice that of a Refuse Vehicle making only one pass). While the current number of trips associated with Refuse Vehicles is well established, changes to the collection methods (e.g., switching from two-pass fully automated side loader solid waste collection to one-pass semi-automated side- or rear-loader collection) would impact the number of Refuse Vehicle trips and the associated impact.

Total Vehicle Trips and Percentage of Vehicle Types
Changing the number of total vehicle trips (without changing the number of Refuse Vehicle trips), affects the projected impacts in roughly inverse proportion (e.g., doubling the number of total vehicle trips reduces the calculated impact of Refuse Vehicles by about half, while halving the number of total vehicle trips roughly doubles the calculated impact).

Changing the percentage of total vehicles assumed to be trucks has a material impact on the analysis. The impact of trucks is substantial; therefore, as the percentage of trucks increases, their relative impact increases, while the relative impact of Refuse Vehicles decreases. There is a similar relationship with automobiles; however, that impact is not as significant due to the lesser relative impact of automobiles.

Equivalent Single Axle Loadings (ESAL)
Changing the assumed ESAL for Refuse Vehicles has a roughly proportionate effect on the calculated impact. If we double the associated ESAL, the impact roughly doubles. Similarly, if we reduce the assumed ESAL by half, the impact is reduced by about half. While we have attempted to estimate the ESALs for Refuse Vehicles as accurately as possible, those calculations are highly sensitive to assumed vehicle weights (both loaded and unloaded) and the distribution of that weight among the vehicles axles.

The assumptions regarding the ESALs of each vehicle type affect the calculated impacts associated with each other vehicle type. Changes in the assumed ESALs of other trucks and automobiles have an inverse effect on the calculated impact of Refuse Vehicles (i.e., as the assumed ESAL of other trucks and/or automobiles increases, the calculated impact of Refuse Vehicles decreases and visa versa).

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Limitations
x Our analysis does not account for the potential impact of any non-vehicle-related factors (e.g., repair and maintenance of underground utilities). To the extent any such factors affect street maintenance and rehabilitation costs, the impact attributed to the different vehicle types would be affected. x Our analysis is based on the various assumptions noted, including the total number of vehicle trips and average ESALs associated with the various vehicle types. Changes to these assumptions may have a material impact on the analysis.
x Annual street maintenance costs can vary widely, both in total and specific to pavement- and nonpavement-related, expenses as well as the amount spent on residential versus collector and arterial streets. Our analysis is based on the City’s street maintenance cost and funding data for FYE 2013 through 2017 and the noted assumptions regarding those factors. Changes to those assumptions may have a material impact on the associated calculations.
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We appreciate the opportunity to be of service to the CCCSWA and the City. If you have any questions regarding this submittal, please do not hesitate to call me directly at (925) 977-6959.

Sincerely,

HF&H CONSULTANTS, LLC
Robert C. Hilton, CMC
Vice President
cc: Ken Etherington, Executive Director, CCCSWA
Marva Sheehan, Vice President, HF&H Consultants
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