Agenda packet — Orinda City Council, January 13, 2026 (part 1 of 2)

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, January 13, 2026
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

NOTICE OF TELECONFERENCE MEETING
Pursuant to Government Code Section 54953, Subdivision (b), this meeting will include teleconference participation by Councilmember Janet Riley from:
500 Bay Drive, #20G2, Lahaina, HI 96761
Call 1-415-518-4753 for access
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.

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

PLEDGE OF ALLEGIANCE

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

ITEMS FOR THE GOOD OF THE CITY
Introduction of Sophie Foster - New Planning Technician

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 16, 2025, Meeting.

RECOMMENDATION:

Approve City Council Minutes of December 16, 2025.

Accept Work and Contract with Miksis Services, Inc. for Orinda Way Storm Drain Lining Project (CIP #4111)

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The City Council will consider Resolution No. 03-26 to Accept Work and Contract with Miksis Services, Inc. for the Orinda Way Storm Drain Lining Project.

RECOMMENDATION:

Adopt Resolution No. 03-26 to Accept said Work and Contract.

D.1
E.

F.1
F.2
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Award of Bid to Eric F. Anderson, Inc. for the Library Exterior Accent Tile Replacement (CIP #4179)

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The City Council will consider awarding a bid to Eric F. Anderson, Inc. (EFA) for the Library tile replacement work. This recommendation follows a competitive bid process where the City opened five bids on December 9, 2025, four of which were found to be non-responsive, leaving EFA as the lowest responsive bidder.

RECOMMENDATION:

Take the following actions:

1. Reject non-responsive bids;

2. Award a construction contract to lowest responsive bidder, Eric F. Anderson, Inc. (EFA) for the Library Exterior Accent Tile Project, including a contingency of 15%; and

3. Approve Budget Change Form #008-26.

Changes to the Orinda Municipal Code to Reflect 2025 California Building Code Update

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The City Council will hold a second reading and consider adoption of Ordinance 25- 07 to formally adopt the 2025 California Building Standards Codes with locally necessary modifications and confirm the action is exempt from CEQA. The Council will also consider adoption of Resolution 63-25 approving Contra Costa County’s Findings of Fact supporting the need for these local amendments. If approved, Staff will transmit the adopted documents to the appropriate state and local agencies.

RECOMMENDATION:

Adopt the following:

1. Ordinance 25-07, waiving full reading, adopting the 2025 California Building, Residential, Energy, Historical Building, Existing Building, Green Building Standards, Electrical, Mechanical, and Plumbing Codes with Modifications for Local Conditions, which includes a determination that it is exempt from the California Environmental Quality Act (”CEQA”).

2. Resolution 63-25 adopting Contra Costa County’s Findings of Fact regarding the need for the modifications to the provisions of the 2025 California Building Standards Code made in the Orinda Municipal Code.

Award of Bid/Construction Contract to Keep IT Simple (KIS) for installation of security enhancements at City Hall

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The City Council will consider awarding a construction contract to Keep IT Simple (KIS) to improve security and door access at City Hall and the Police Department.

Staff opened three bids on December 10, 2025, reviewed the bids and recommends awarding the construction contract to the lowest responsive bidder.

F.3
F.4
F.5
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RECOMMENDATION:

Award a construction contract to KIS for the installation of Verkada Security Cameras and door access in the Police Department and City Hall, authorize a contingency of 15%, and approve Budget Change Form #009-26.

Award of On-Call Traffic Signal and Street Light Maintenance Services Contract to DC. Electric Group, Inc.

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The City Council will consider an updated contract with DC Electric Group, Inc. for the on-call traffic signal and street light maintenance efforts. The work includes regular equipment check-outs and as-needed maintenance/repairs of this electrical infrastructure and responding to emergency call outs when signal facilities are damaged from storms or traffic accidents and marking underground electric facilities in response to USA notifications (underground service alert).

RECOMMENDATION:

Adopt Resolution 04-26 Approving Exception to Competitive Bidding per Orinda Municipal Code Section 2.55.100, and Awarding an On-Call Traffic Signal and Street Light Maintenance Services Contract to DC Electric Group, Inc.

Approval of Transportation Development Act (TDA) Article 3 Grant Application for Fiscal Year 2026-2027

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The City Council will consider approving the Grant Application for Camino Pablo Pathway Rehabilitation from Ardilla Road to Claremont Avenue to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2026-2027 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Funding.

RECOMMENDATION:

Adopt Resolution No. 05-26, Authorizing the City to Apply to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2026-2027 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding for the Camino Pablo Pathway Rehabilitation Project, Ardilla Road to Claremont Avenue.

PUBLIC HEARING
Introduction of Ordinance 25-06, to amend Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial
district—Use restrictions) of the City’s Planning and Zoning Code for Convenience Markets and Other Ancillary Retail Uses at Service Stations.

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The City Council will hold a public hearing to consider the re-introduction of an F.6
F.7
G.

G.1
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ordinance originally introduced by the City Council in September 2023 that modifies regulations for convenience markets and ancillary retail uses at service stations in response to an application by Chevron.

Although the ordinance was previously introduced, more than two years have elapsed between the first and anticipated second reading, and during that time the City adopted amendments to Chapter 17.8 of the Orinda Municipal Code as part of the Downtown rezoning effort. Out of an abundance of caution, and to ensure consistency with the City’s current zoning framework, Staff is recommending reintroduction of the ordinance.

The substance of the ordinance remains unchanged from that previously introduced.

In addition, staff for Chevron and the City have reached agreement on the terms of an offer of dedication and donation by Chevron. Those items are presented for the City Council’s information and comment.

RECOMMENDATION:

Take the following actions:

1. Waive the full reading of the text; and

2. Introduce Ordinance 25-06 amending Section 17.2.3 (Definitions) and Section

17.8.5 (Downtown Commercial District—Use Restrictions) of the Orinda Municipal Code to update regulations governing convenience markets and ancillary retail uses at service stations; and

3. Review and provide comment on the negotiated offer of dedication and donation.

POLICY MATTERS
City Council Committee Appointment/Liaison List for 2026 Page 236 The City Council is being asked to review and provide feedback on the Mayor‘s proposed 2026 Appointment/Liaison List and approve it as presented or with amendments. In accordance with the Council’s Policy and Procedures Manual, appointments designate Council representatives to serve on subcommittees, regional boards, and as liaisons to partner agencies and City commissions. The proposed list reflects the Mayor’s recommended updates for the upcoming year, and Council discussion will confirm or modify those assignments.

RECOMMENDATION:

Provide any feedback to the Mayor and approve the Appointment/Liaison List as proposed or amended.

COUNCILMEMBERS' REPORTS
H.

H.1
I.

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CITY MANAGER'S REPORT

MATTERS INITIATED

ADJOURNMENT
Please visit the City's website at www.cityoforinda.org 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.org. At Least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City's website at www.cityoforinda.org
~Notices~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of 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.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~Accessible Public Meetings~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk's Office, 22 Orinda way, Orinda, CA 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: January 13, 2026
SUBJECT:

Approval of City Council Minutes
EXECUTIVE SUMMARY:

The City Council will consider approval of the Minutes from the December 16, 2025, Meeting.

RECOMMENDATION:

Approve City Council Minutes of December 16, 2025.

STRATEGIC PLAN INITIATIVE:

Not Applicable.

ATTACHMENTS:

A. City Council Minutes of December 16, 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 8 12.16.25
DECEMBER 16, 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, Vice Mayor Brandyn
Iverson
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani.

C. ADOPTION OF AGENDA
MOTION by Councilmember Gee, and seconded by Councilmember Riley, to adopt the agenda. Said motion carried by unanimous (5-0) vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1 Introduce Amalie Zahradnickova, Tabor Visiting Student and Recognize the Acalanes School District and Miramonte High School for their Educational Support
Bobbi Landers, former Mayor and Councilmember provided a brief background on forming friendships to the world with other countries and described the start of Sister City International. She introduced Acalanes School District Superintendent Dr. John Nickerson and Amalie (Amy) Zahradnickova, visiting student from the Czech Republic for the fall semester, who thanked Bobbi Landers and the Sister City Foundation, Acalanes High School District Superintendent Dr. Nickerson, and the Doust family for making her stay possible.

Ms. Landers then presented Dr. Nickerson with a Letter of Appreciation from the Mayor of Tabor.

Mayor Malkani presented Certificates of Recognition to both Miramonte High School and the Acalanes Union High School District in recognition of hosting visiting students from Tabor for over 25 years.

Item F.1
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Orinda City Council Minutes Page 2 of 8 12.16.25
Superintendent Dr. Nickerson acknowledged how much the school district and its students benefit, and said it is their pleasure to participate and host students and looks forward to the next 25 years.

Mayor Malkani expressed gratitude to Congressman Mark DeSaulnier’s and his office who assisted with the Visa process this year.

D.2 Mayor's Award of Excellence - Moraga Orinda Fire District Mayor Malkani presented the Moraga Orinda Fire District with the Mayor’s Award of Excellence, noting the District stands out among the many incredible organizations in Orinda. She highlighted the many joint efforts in disaster readiness exercises, training and on-boarding for new employees, operational improvements which MOFD has advanced this year such as the fully staffed ambulance, collaboration in public education, partnering with police services, wildfire mitigation work, and participation in the City’s joint 2x2 meetings.

She thanked MOFD for its entire team for their dedication, partnership and unwavering service to the Orinda community, read the award into the record and presented the award to Chief Isaacs and also recognized Deputy Chief Lambert who was present.

Fire Chief Isaacs thanked the Council and recognized the leadership of City Manager Linda Smith in working with MOFD.

Director Steve Danziger, MOFD Board of Directors, thanked the Council and City Manager for their leadership and said they look forward to working together in the future.

Director Craig Jorgens, MOFD Board of Directors, echoed thanks, recognized the City Manager for her leadership and thanked the Council for their support in protecting the Orinda community.

Director Mike Roemer, MOFD Board of Directors, said it is an honor and he is humbled and proud to be part of this team. He said this is a great partnership, said they have a lot of work to do in terms of home hardening and defensible space, and asked the Council to keep up the good work.

Mayor Malkani opened the Public Forum, and there were no speakers. She commented that one written public comment was received from Steve Cohn.

D.3 Mayor's Award of Excellence - Orinda Tabor Sister City Foundation Mayor Malkani honored the Sister City Foundation and presented the Mayor's Award of Excellence.

Item F.1
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Orinda City Council Minutes Page 3 of 8 12.16.25
Mayor Malkani asked the Orinda Tabor Sister City Foundation representatives to join her and said it is her honor to present the Mayor’s Award of Excellence to the Orinda Tabor Sister City Foundation. She said last summer she had the opportunity, together with a delegation from Orinda, to visit Tabor, which she described. She spoke of the Orinda Tabor Sister City Foundation who coordinates the competitive process for students to be chosen and noted a lot of work goes into setting this all up.

The Foundation has partnered with the City to bring to the City’s annual Winter Fest and its now annual Gingerbread Decorating Contest to the City. This year’s winning entries are on display at the Library and the Orinda Historical Society. She recognized the leaders in sustaining the Northern California Sister Cities Chapter and held last month hosted the SCI NorCal Annual Conference in Orinda. What struck her the most from their visit to Tabor was the warmth and friendship extended across the globe. She extended thanks to the Orinda Tabor Sister City Foundation and all host families.

Bobbi Landers, on behalf of the Orinda Tabor Sister City Foundation Board, thanked Mayor Malkani for the Award of Excellence. She introduced Bohuslava (Slavka) Ruzicka, Vice President.

Bohuslava (Slavka) Ruzicka, Vice President, recognized the Foundation and the Orinda City Council, spoke of their relationship and participation in events of Tabor, recognized host families, planned events, and invited everybody to Tabor.

Mayor Malkani then presented the Mayor’s Award of Excellence.

Cheryl Chekla said she is the newest member of the organization and said it has been a wonderful honor to work with Bobbie Landers, Slavka, and Chandler, said the students brought over are amazing, and she asked to let her know of interested people that want to be involved and serve as a host family.

E. PUBLIC FORUM
None.

F. CONSENT CALENDAR
Councilmember Riley requested removal of Item F.6. There were no other requests for items to be removed or public comments.

F.1 Approval of City Council Minutes
Approve City Council Minutes of December 2, 2025.

F.2 Fiscal Year 2024-25 Annual Comprehensive Financial Audit Report and other compliance reports
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.

Item F.1
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Orinda City Council Minutes Page 4 of 8 12.16.25
F.3 Fiscal Year 2024-25 Development Impact Fee (AB 1600) Report 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.

F.4 Local Agency Special Tax and Bond Accountability Act (SB 165) Report FY 2024-25
Receive and file the Special Tax and Accountability Act Report for the Fiscal Year Ended June 30, 2025.

F.5 Introduction of Ordinance - Changes to the Orinda Municipal Code to Reflect 2025 California Building Code Update
Introduce Ordinance 25-07, which includes a determination that it is exempt from the California Environmental Quality Act (“CEQA”), waiving a full reading.

MOTION by Councilmember Hoxie moved, and seconded by Councilmember Gee to approve Consent Calendar Items F.1, F.2, F.3, F.4, and F.5. Said motion carried by unanimous (5-0) vote.

Item Removed from the Consent Calendar:

F.6 Camino Pablo Median Landscape Improvements Project (Project No. 5019) Design Approval and Construction Contract
Councilmember Riley expressed support for the item while noting that the median landscaping details are still being finalized due to Caltrans restrictions. She explained that the team is selecting smaller plants that resemble Oleander, adding rocks to the design, and working with landscape architect Shari Bashin-Sullivan, who is helping refine plant placement without requiring a full redesign.

City Engineer Siva Natarajan presented an overview of the Camino Pablo Median Landscape Improvements Project, noting it is located entirely within Caltrans’ right-ofway and under Caltrans control. He explained that staff worked with Caltrans to recommend two access openings, improving conditions without additional cost. The proposed openings and landscape improvements were shown and plants are largely funded by the Orinda Garden Club. While Caltrans has strict landscaping requirements, some changes were approved, and staff are finalizing the plant selection to include a third plant.

Councilmember Riley asked if the planting will be on either side of where the bollards would be. Mr. Natarajan said this is not a plant area and Caltrans will put asphalt there and the device will be on top of the asphalt, with drought-tolerant planting outside of that area with irrigation and maintenance.

Item F.1
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Orinda City Council Minutes Page 5 of 8 12.16.25
Councilmember Riley clarified that one of the two plants is Manzanita which is low water use and the other a grass. The third one will also be flowering with low water use.

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

Councilmember Riley thanked staff for working with her and the Garden Club and she feels comfortable this will go very well.

Councilmember Gee recognized the Orinda Garden Club for their partnership with the City, staff’s work with Caltrans, and said this is an innovative and creative project.

MOTION by Vice Mayor Iverson, and seconded by Councilmember Riley to approve Consent Calendar Item F.6. Said motion carried by unanimous (5-0) vote.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1 Proposed Solid Waste Rate Adjustments for Orinda Residential and Commercial Customers for March 1, 2026, to February 28, 2027 Review, discuss, and receive public input on the proposed solid waste rate adjustments.

Assistant City Manager Doug Alessio gave the staff report and overview of the proposed solid waste rate adjustments residential and commercial customers for March 1, 2026 to February 28, 2027, first noting that the table displayed has been updated and corrected from the third page of the staff report. He and Jennifer Faught, Program Manager from Recycle Smart are available to answer any questions of Councilmembers.

Mayor Malkani commented that the current Chair of Recycle Smart, Supervisor Candace Anderson is present, and that the new contract will provide positive benefits for customers.

In response to Councilmember Riley regarding the rate reserve and how this affects the smoothing process, Mr. Alessio said the rates are designed to capture more than the cost of service which will result in a reserve by each city and held by Recycle Smart and smooth out future increases.

Councilmember Hoxie asked Mr. Alessio to address the impact fees on roadways and how they are deemed adequate towards the damage trucks cause to them.

Mr. Alessio explained the impact fee is based on an outdated study with a new study underway that will help better reflect fees into the future. Impact fees are accounted for separately into a special revenue fund which can only be spent on public street repairs and improvements.

Item F.1
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Orinda City Council Minutes Page 6 of 8 12.16.25
Councilmember Hoxie asked if there is a way to change the way impact fees can be spent, such as on private roads. City Manager Smith said the vehicle impact fee will be an on-going discussion and evaluation with the Recycle Smart Board. At this time there is not an opportunity to apply the fees to private roads under the rules; however, legislation may be strenthened around vehicle impact fees for private roads in the future.

Vice Mayor Iverson said when the fee is being charged to Recycle Smart based on damages, she asked and confirmed that they pass 100% of the fee back to the customers.

Mayor Malkani opened the Public Forum, and there were no speakers. She noted written public comments were received from Steve Cohn and Charles Porges.

Councilmember Riley voiced support to the proposal, believes the monthly increase of $12 is a modest amount for the 32 gallon can, and thinks the City will have enough reserves to smooth things out in 2027.

City Manager Smith confirmed no action is needed except to receive any comments from the Council and from the public.

Mayor Malkani and Vice Mayor Iverson voiced support of the proposal, and Councilmember Hoxie voiced support and asked to learn more in the future about vehicle impact fees.

H.2 Selection of Mayor for a Term Beginning December 2025 through December 2026
Mayor Malkani declared the office of Mayor vacant and called for the selection of Mayor for a term beginning December 2025 through December 2026. Nominations are now open for the office of Mayor.

Mayor Malkani nominated Brandyn Iverson for the office of Mayor. There were no further nominations.

MOTION by Councilmember Gee moved, and seconded by Councilmember Gee to close nominations and select Bradyn Iverson for the office of Mayor for a term beginning December 2025 to December 2026. Said motion carried by unanimous (5- 0) vote.

H.3 Selection of Vice Mayor for a Term Beginning December 2025 through December 2026
Mayor Iverson declared the office of Vice Mayor vacant and called for the selection of Vice Mayor for a term beginning December 2025 through December 2026. Nominations are now open for the office of Vice Mayor.

Mayor Iverson nominated Darlene Gee for the office of Vice Mayor. There were no further nominations.

Item F.1
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Orinda City Council Minutes Page 7 of 8 12.16.25
MOTION by Councilmember Malkani moved, and seconded by Councilmember Riley to close nominations and select Darlene Gee for the office of Vice Mayor for a term beginning December 2025 to December 2026. Said motion carried by unanimous (5-0) vote.

H.4 Oath of Office to New Mayor and Vice Mayor
City Clerk Smith administered the Oath of Office to Mayor Iverson and Vice Mayor Gee.

H.5 Acknowledge Service to the Community of Outgoing Mayor Latika Malkani
Mayor Iverson recognized Supervisor Anderson and asked to lead off acknowledging service of outgoing Mayor Malkani.

Supervisor Candace Andersen noted this was her sixth City reorganization, expressed appreciation for honoring outgoing mayors, and thanked former Mayor Malkani for her leadership, collaborative approach, and significant work on emergency preparedness, evacuation routes, and wildfire mitigation. She highlighted the strong cooperation among fire districts, school districts, and cities, and presented Mayor Malkani with a certificate in gratitude.

KayLee DeLand, representing Congressman Mark DeSaulnier’s office, apologized for the Congressman’s absence, expressed appreciation for former Mayor Malkani’s leadership and for celebrating Orinda’s reorganization, and congratulated new Mayor Iverson on her new role.

Rachael Zenner from Senator Tim Grayson’s office thanked former Mayor Malkani for her strong partnership with their office, acknowledged the Senator’s absence, and praised the patience and collaboration of the City’s leadership and Council as they worked on issues important to Orinda. She highlighted their shared accomplishments, expressed optimism for continued work together, and presented former Mayor Malkani with a certificate honoring her service.

Cherise Khaund from Assemblymember Rebecca Bauer-Kahan’s office thanked former Mayor Malkani for her leadership, dedication, and collaborative efforts to make Orinda a welcoming, safe, and healthy community, and presented her with a certificate in recognition of her service.

Mayor Iverson and Councilmembers then presented and individually read a Proclamation into the record for former Mayor Malkani. Mayor Iverson also presented a bouquet of flowers and a gavel plaque. Councilmembers then provided thanks and recognition to former Mayor Malkani and shared personal and professional experiences.

Item F.1
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Orinda City Council Minutes Page 8 of 8 12.16.25
Former Mayor Malkani expressed gratitude for serving with collaborative and respectful Councilmembers, thanked City Manager Smith and former Mayor Gee for their leadership, and wished Mayor Iverson success in the coming year.

Mayor Iverson opened the Public Forum.

Diana Honig said she serves the region as Vice President on the Contra Costa Community College District Governing Board and thanked former Mayor Malkani for all of the work she has done. She recognized her for her heart and dedication, for her community involvement at various events, and presented her with a bouquet of flowers.

I. COUNCILMEMBER REPORTS
Mayor Iverson reported attending the Siesta Valley Open House, noting excitement about the founding team and their plan to combine nonprofit education and community theater with a for-profit component offering outdoor music events starting this summer.

J. CITY MANAGER’S REPORT
City Manager Smith reported the following:
• She thanked former Mayor Malkani for the special relationship over a full year of working together and said she looks forward to the upcoming year with Mayor Iverson.
• She invited people to apply on commission and committees, noting applications and information is now available on the website.
• Orinda Police Services is hosting a Citizen’s Academy and information is available on the City’s website;
• City offices will be closed between December 24th and January 2nd.

K. MATTERS INITIATED
Mayor Iverson said written communication was received from Nick Waranoff on this item, and there were no Matters Initiated.

L. ADJOURNMENT
The Regular Meeting was adjourned to refreshments in the Library Art Gallery (immediately following the meeting) at approximately 8:34 p.m. and thereafter to the next Regular City Council Meeting on Tuesday, January 13, 2026 at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
Item F.1
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: January 13, 2026
SUBJECT:

Accept Work and Contract with Miksis Services, Inc. for Orinda Way Storm Drain Lining Project (CIP #4111)
EXECUTIVE SUMMARY:

The City Council will consider Resolution No. 03-26 to Accept Work and Contract with Miksis Services, Inc. for the Orinda Way Storm Drain Lining Project.

RECOMMENDATION:

Adopt Resolution No. 03-26 to Accept said Work and Contract BACKGROUND:

At their July 15, 2025 meeting, the City Council awarded the subject construction contract to Miksis Services, Inc to internally line a failing 24” CMP storm drain pipe (PL-93) under Orinda Way adjacent to 11 Orinda Way for $123,105. It was beneficial for the City to line both the pipe under Orinda Way and the pipe segment it is joined to as it continues under private property at 11 Orinda Way, owned by Chevron USA Inc. The City Council also authorized cost sharing and access agreements for the work, in which Chevron will contribute a pro-rated portion of the cost based on their respective portion of the storm drain pipe ownership
DISCUSSION:

The work was substantially completed in the field on November 26, 2025, for the contract amount. To issue the payment of the retention to the contractor and close out the contract, it is presented for acceptance by the City Council.

Upon City Council approval, the City Engineer or Public Works Director will sign the Notice of Completion, and the City Clerk will record it with Contra Costa County Clerk-Recorder’s office. Retention (5% of the contract value) will be released in accordance with the contract documents and the Public Contract Code.

FISCAL IMPACT:

Project #4111 is included in the approved Capital lmprovement Plan and has sufficient appropriations to cover this contract expenditure. Funding is provided by Fund #210, Drainage Impact Fees.

Item F.2
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STRATEGIC PLAN INITIATIVE:

2. Infrastructure Strategy and Improvement

2.a – Complete Category A improvements as part of the Storm Drain Repair Plan and shift focus to Category B pipes programmed annually in the Capital Improvement Program.

ATTACHMENTS:

A. Resolution 03-26
B. Notice of Completion
Respectfully Submitted by,
Scott Christie
Public Works Director
Approved By:

Linda Smith, City Manager
Item F.2
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RESOLUTION NO. 03-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
ACCEPT WORK AND CONTRACT WITH MIKSIS SERVICES INC., AS

COMPLETE FOR THE ORINDA WAY STORM DRAIN LINING PROJECT, CITY PROJECT NO. 4111
WHEREAS, on July 15, 2025, the City Council awarded a construction contract to Miksis Services Inc., in the amount of $123,105, and authorized a 15% contingency, to complete the Orinda Way Storm Drain Lining Project, under City Project No. 4111; and
WHEREAS, Miksis Services Inc. has completed the work in accordance with the construction contract documents; and
WHEREAS, the completed work consists of lining approximately 230 lineal feet of storm drain pipe under Orinda Way and under property at 11 Orinda Way; and WHEREAS, the City entered into an access and cost sharing agreement with the owner at 11 Orinda Way (Chevron USA Inc.), which has been adhered to; and WHEREAS, the Director of Public Works has recommended that the work be accepted as complete.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda hereby accepts work and contract with Miksis Services Inc., under the terms and conditions of the above-referenced construction contract documents.

Adopted by the City Council of the City of Orinda at a regular meeting on January 13, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Smith, City Clerk
Item F.2
Packet Page 18

RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

City Clerk/Public Works Dept.

City of Orinda
22 Orinda Way
Orinda, CA 94563

NO FEE DOCUMENT
(Government Code section 27383)
TITLE:

Notice of Completion for
Orinda Way Storm Drain Lining Project (CIP #4111)
(Contractor: Miksis Services Inc.)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:

Orinda Way Storm Drain Lining Project (CIP #4111)
Project location: Orinda Way at 11 Orinda Way in the City of Orinda, Contra Costa County, California:

Property Owner(s): Interest in Property or Right of Way on Orinda Way is owned by City of Orinda and (a non-profit organization, 26 Orinda Way, Orinda CA 94563) and Interest in Property at 11 Orinda Way is owned by Chevron USA Inc. (a Pennsylvania corporation) in fee.

The contract which has heretofore been let to Miksis Services Inc., and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was actually completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 1/13/2026
Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.

CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Scott Christie, Public Works Director
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 1/13/2026. ______________________________
Sheri Smith, City Clerk
Item F.2
Packet Page 19

CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: January 13, 2026
SUBJECT:

Award of Bid to Eric F. Anderson, Inc. for the Library Exterior Accent Tile Replacement (CIP #4179)
EXECUTIVE SUMMARY:

RECOMMENDATION:

Take the following actions:

1. Reject non-responsive bids;

2. Award a construction contract to lowest responsive bidder, Eric F. Anderson, Inc. (EFA) for the Library Exterior Accent Tile Project, including a contingency of 15%; and

3. Approve Budget Change Form #008-26
BACKGROUND:

The subject project is in the CIP update approved on June 3, 2025, as shown in the Project Detail sheet (Attachment A). After problems with the initial tile supplier, the City was able to procure the necessary replacement tiles in June 2025. For installation of the tile, the City solicited bids using the informal procedure in accordance with the municipal code and the California Public Contract Code, in September 2025. Because of the apparent inconsistent interpretation of the qualifications necessary to perform the Project, all the bids received were rejected at the October 21, 2025 City Council meeting.

Staff restructured the project bid documents with the objective to minimize bidder irregularities and to more clearly specify bidder qualifications and licenses to do the work.

On November 7, 2025, the City solicited bids, again using the informal procedure.

DISCUSSION:

Item F.3
Packet Page 20
Five bids were received on December 9, 2025, with results as shown below. After analysis by Staff, the only responsive, responsible bid was from EFA, for an amount of $163,569. This compares favorably with the Engineer’s Estimate of $165,000.

All other bids were deemed non-responsive for reasons indicated below. A bid is nonresponsive when it does not comply with the bid request. Great W. Contractors, Inc. v.

Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1456. The City must reject nonresponsive bids when irregularities are material, that is, they would give the bidder a competitive advantage over other bidders. Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.Ap.4th 1181, 1189. Here, all other bidders’ bids contained irregularities that were material. Specifically, bidders rejected as non-responsive did not list required experience, did not possess a required license, or did not pay a mandatory fee.

Bidder Bid, $ Bid Review Comments
Eric F. Anderson, Inc. 163,569
BNO Builders 152,000 Non-responsive – see explanation below Pro-Ex Construction, Inc. 132,000 Non-responsive – C-54 did not list required 2 nd floor (or higher) exterior tile experience,
as required by the bid documents
Argos Construction 128,000 Non-responsive - did not pay BPX fee and was not on Planholders List, as required by
the bid documents
Greentech Industry, Inc. 93,000 Non-responsive – Neither Contractor or their Subcontractor holds required C-54 license, as
required by the bid documents
BNO Builders did not fill out the Bidder Experience Form as required. The required bid documents include an experience form which requires the contractor to list at least three completed exterior wall tile contracts done by a C-54 (tile contractor) licensed contractor, on second floor or higher. The projects listed on the experience form by BNO Builders were reviewed by Staff, and two of the three listed projects were performed by the prime contractor (BNO), rather than their listed C-54 subcontractor. BNO holds a Class B license but does not hold a C-54. A third project (“449 Merritt Ave.”) is being performed by the listed C-54, however it does not involve exterior wall tile work. Furthermore, the form requires listing of completed projects, and the date of completion for the 449 Merritt Ave. project shown on the form is a future date (“Jan 2026”). Because BNO did not list three contracts completed by its C-54 subcontractor that met the requirements of the Bidder Experience Form (completed exterior tile work on commercial building at the second story level or above), its bid is nonresponsive.

Staff received one purported bid protest within the time limits specified by specifications, from Greentech Industry, Inc. However, the communication from Greentech was not a bid protest, because it did not protest any other bids. Instead, the communication disagreed with City staff’s intent to recommend that the City Council reject Greentech’s bid as nonresponsive. Staff concluded that Greentech’s objection to rejection of its bid lacked merit, because the bid documents require that the prime or subcontract maintain Item F.3
Packet Page 21
the C-54 license, not merely an individual employee. Greentech responded and indicated they do not plan to appeal Staff’s decision. The email chain is included as Attachment B.

All bidders have been notified of the recommended contract award.

Staff recommends that the City Council reject the bids of BNO Builders, Pro-Ex Construction, Argos Construction, and Greentech Industry as non-responsive and award the contract to EFA, for $163,569, and to also authorize the City Manager to approve change orders, if warranted, up to a 15% contingency, which would allow expenditures up to $188,104.

FISCAL IMPACT:

As noted in the staff report rejecting bids on October 21, 2025, the need for additional funding was anticipated. The CIP for this project had allocated $100,000, with $85,000 funded by the Library Parcel Tax (Fund 520) and the balance from Building Maintenance Fund 603. With expenditures to date, including tile failure analysis and tile procurement, $32,244 remains available for carryover from the FY 2024-25 budget. Therefore, in order to cover the cost of the subject contract and its contingency, an additional appropriation of $155,860 is now required. It is recommended to utilize the Library Parcel Tax (Fund 520), which has sufficient fund balance available. Approving Budget Change Form #008- 26 will make this appropriation and is included as Attachment C. See table below:

Initial Project Budget: $100,000
Expenditures to Date $67,756
Remaining Amount: $32,244
Cost of Work, plus contingency $188,104
Funds Needed for Project (Budget Change Form #008-26) $155,860 STRATEGIC PLAN INITIATIVE:

N/A
ATTACHMENTS:

A: CIP Project Detail Sheet
B: Email from Greentech 12-16-2025
C: Budget Change Form #008-26
Respectfully Submitted by:

Scott Christie
Public Works Director
Approved By:

Linda Smith, City Manager
Item F.3
Packet Page 22

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Page 59 ends

Item F.3
Packet Page 23
From: Ross Volker
To: Scott Christie
Subject: FW: BID DESSISION PROTEST
Date: Wednesday, December 17, 2025 6:02:20 AM
Attachments: image002.png
FYI below
Ross Volker
Maintenance and Facilities Superintendent
Cell (925) 956-9305
From: Nick Jelev <[email protected]>
Sent: Tuesday, December 16, 2025 3:53 PM
To: Ross Volker <[email protected]>
Cc: Igor Vorona <[email protected]>; Vadim Natochaev <[email protected]>; Kris J <[email protected]>; Denis Jelev <[email protected]>; Vadim Chernyy <[email protected]>; [email protected]; Nathan Trahern <[email protected]>; [email protected]; Victor A <[email protected]>
Subject: Re: BID DESSISION PROTEST
EXTERNAL EMAIL - This email was sent by a person from outside your organization. Exercise caution when clicking links, opening attachments or taking further action, before validating its authenticity.

Dear Mr. Volker,
Thank you for your response regarding our bid protest.

We need to address a critical misunderstanding in your assessment of our compliance. We have a listed subcontractor whose workforce includes an employee holding a valid C-54 license. As outlined in our initial protest, California construction law requires that the work be performed under the supervision of a properly licensed individual, which we satisfy.

In our opinion, the decision to proceed with the recommendation to award the contract to EFA, Item F.3
Packet Page 24
which reportedly costs an additional $40,000, is based on an incorrect interpretation of the compliance requirements for this project.

We did not notify the other bidders because our protest is directed specifically to you and your department, not against the other bidding companies.

Effective immediately, we will no longer pursue this protest. However, we urge you to thoroughly consider the fiscal responsibility to taxpayers when making future decisions that may result in unnecessary additional expenditures based on administrative misunderstandings.

Best Wishes
Nick Jelev
www.Greentechindustry.net
2300 Contra Costa Blvd. Suite # 315
Pleasant Hill, Ca 94523
(925) 231-7662 Main
(925) 272-7930 Direct
[email protected]
This message may have been written using a voice recognition system. Please excuse any typographical errors and also consider the environment before printing this e-mail.

IMPORTANT NOTICE:

The information transmitted in this e-mail, as well as in any attached file, is classified as confidential and privileged. The access to the contents of this e-mail by any recipient other than the original one(s) is not authorized. Any unauthorized use (total or partial), disclosure, dissemination, forwarding, printing or copying of this e-mail or any action taken in relation to this communication made by any recipient other than the original one(s) is prohibited and may be unlawful. The recipient should verify possible virus contained within this e-mail and its attachments. The company will not be responsible for any damage caused to your systems or information due to a virus in this e-mail.

Item F.3
Packet Page 25
On Tue, Dec 16, 2025 at 3:14 PM Ross Volker <[email protected]> wrote:

Nick,
In response to your attached bid protest sent via the email below dated 12-10-2025, Staff has completed its review and is rejecting your bid protest for the following reasons:

The bidding Instructions (Notice to Bidder) states that:

The Contractor shall possess a valid Class B or C-54 License at the time the Contract is awarded; however a Class B contractor must subcontract the work to a C-54. In either case, the C-54 shall list qualifying experience as specified in the bid experience form Since Greentech holds a B license but does not hold a C-54, they “must subcontract the work to a C-54”. Therefore, the subcontractor must possess the C-54 license. Your listed subcontractor, Mars Construction, does not hold a C-54 License according to the CSLB.

This deems the bid non-responsive.

We also note that under special provision section 3-1.04A(3) that you are required to notify other bidders of your protest. It is not clear if that was done, however we are cc’ing all bidders for their information.

Staff is recommending to City Council (for the January 13, 2026 meeting), to award the contract to EFA, who is the lowest responsible and responsive bidder.

Ross Volker
Maintenance and Facilities Superintendent
Cell (925) 956-9305
From: Nick Jelev <[email protected]>
Sent: Wednesday, December 10, 2025 11:24 AM
Item F.3
Packet Page 26
To: Ross Volker <[email protected]>
Cc: Igor Vorona <[email protected]>; Vadim Natochaev <[email protected]>; Kris J <[email protected]>; Denis Jelev <[email protected]>
Subject: BID DESSISION PROTEST
This is the first time you received an email from this sender ([email protected]). Exercise caution when clicking links, opening attachments or taking further action, before validating its authenticity.

Dear Mr. Ross,
Following up on our phone conversation today, I want to clarify our licensing compliance.

One of the employees performing the installation work holds a valid C-54 license. Under California construction law, the subcontracting entity is not required to hold the classification; the law only mandates that the work be performed under the supervision of a properly licensed individual.

This ensures the licensing requirement is fully satisfied through our qualified employee, who will be directly responsible for the installation scope of work.

We respectfully request that you consider this information when making your final determination. We trust that this clarification confirms our compliance with all licensing requirements and supports the reconsideration of our bid as responsive.

Sincerely
Item F.3
Packet Page 27
Nick Jelev
www.Greentechindustry.net
2300 Contra Costa Blvd. Suite # 315
Pleasant Hill, Ca 94523
(925) 231-7662 Main
(925) 272-7930 Direct
[email protected]
This message may have been written using a voice recognition system. Please excuse any typographical errors and also consider the environment before printing this e-mail.

IMPORTANT NOTICE:

Item F.3
Packet Page 28
The information transmitted in this e-mail, as well as in any attached file, is classified as confidential and privileged. The access to the contents of this e-mail by any recipient other than the original one(s) is not authorized. Any unauthorized use (total or partial), disclosure, dissemination, forwarding, printing or copying of this e-mail or any action taken in relation to this communication made by any recipient other than the original one(s) is prohibited and may be unlawful. The recipient should verify possible virus contained within this e-mail and its attachments. The company will not be responsible for any damage caused to your systems or information due to a virus in this e-mail.

Item F.3
Packet Page 29

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2025-26
Funds Originally Appropriated as Part of 2025-26 and 2026-27 Biennial Budget Adopted on June 3, 2025
CHANGE FORM # 008-26
New Appropriations (City CouncilApproval Required): Budget Transfers:

X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget

GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
X Other: Roll-over of unspent CIP Appropriation from 2024-25

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2025-26:
520-00-00-7127-4179

LIBRARY ASSESSMENT FUND/ NO DEPARTMENT / NO

PROGRAM /CONSTRUCTION COSTS / LIBRARY EXTERIOR

ACCENT TILE
$32,244
520-00-00-7127-4179

LIBRARY ASSESSMENT FUND/ NO DEPARTMENT / NO

PROGRAM /CONSTRUCTION COSTS / LIBRARY EXTERIOR

ACCENT TILE
$155,860
As Presented at the City Council Meeting on January 13, 2026 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: Approve Contract with Eric F. Anderson, Inc. for the Library Exterior Accent Tile Replacement (CIP #4179), rolling unspent appropriation of $32,244 from FY 2024-25 to FY 2025-26 and creating additional new appropriation of $155,860 necessary to complete the tile project.

Item F.3
Packet Page 30

CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: January 13, 2026
SUBJECT:

Changes to the Orinda Municipal Code to Reflect 2025 California Building Code Update.

EXECUTIVE SUMMARY:

The City Council will hold a second reading and consider adoption of Ordinance 25-07 to formally adopt the 2025 California Building Standards Codes with locally necessary modifications and confirm the action is exempt from CEQA. The Council will also consider adoption of Resolution 63-25 approving Contra Costa County’s Findings of Fact supporting the need for these local amendments. If approved, Staff will transmit the adopted documents to the appropriate state and local agencies.

RECOMMENDATION:

Adopt the following:

BACKGROUND:

At the City Council Meeting of December 16, 2025, the City Council introduced Ordinance 25-07, 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, which includes a determination that it is exempt from the California Environmental Quality Act (”CEQA”) The City Council also reviewed Resolution 63-25 adopting Contra Costa County’s Findings of Fact regarding the need for the modifications to the provisions of the 2025 California Building Standards Code made in the Orinda Municipal Code.

DISCUSSION:

Item F.4
Packet Page 31
Ordinance No. 25-07 was introduced at that meeting without changes and is on this agenda, to take any testimony under the Public Hearing, and to consider adoption.

Resolution No. 63-25 was reviewed at that meeting without changes and is on this agenda for consideration of adoption.

NEXT STEPS:

If the City Council adopts Ordinance No. 25-07 and Resolution No. 63-25, Staff will send copies of both to the California Building Standards Commission, the Department of Housing and Community Development, MOFD, and the County.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

Not Applicable.

ATTACHMENTS:

A. Ordinance 25-07
B. Resolution 63-25
WEBLINK:

A. Staff Report from City Council Meeting of December 16, 2025 Respectfully Submitted by,
Sheri Smith, City Clerk
Approved By:

Linda Smith, City Manager
Item F.4
Packet Page 32
ORDINANCE NO. 25-07

A ORDINANCE OF 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
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.

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.

Item F.4
Packet Page 33
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).

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.

Item F.4
Packet Page 34
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:
______________________
Brandyn Iverson, 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.4
Packet Page 35

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.

Item F.4
Packet Page 36
I. In Chapter 15.21, the 2025 California Energy 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.

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 building on the property. Instead of detailed specifications, the building official may approve Item F.4
Packet Page 37
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).

15.08.080 - Soils and foundations.

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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 Orinda Building 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:
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 Item F.4
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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, 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 Item F.4
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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 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.

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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.

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

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 Item F.4
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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.

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 Item F.4
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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, 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
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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/building-standards/calgreen/calgreen-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
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.

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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.

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).

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 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 Item F.4
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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.

Notes:

3. Sample forms found in “A Guide to the California Green Building Standards Code (Nonresidential)” located at http://www.bsc.ca.gov/Home/CAL-Green.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:

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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 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 Item F.4
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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 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 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 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 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 plumbing code are controlling and enforceable within the City.

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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 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 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.

Item F.4
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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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Item F.4
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Item F.4
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BE IT FURTHER RESOLVED that the City Council of the City of Orinda does hereby adopt the City's Findings in Support of Local Amendments to the 2025 California Green Building Standards Code (Appendix B); and
BE IT FURTHER RESOLVED that a copy of this Resolution, Contra Costa County's Findings in Support of Changes, Additions, and Deletions to Statewide Building Standards Code, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958. 7.

The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Orinda held on the 13th day of January, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Appendix A: Contra Costa County's Findings in Support of Changes, Additions and Deletions to Statewide Building Standards Code
Appendix B: City Of Orinda's Findings in Support of Local Amendments to the 2025 California Green Building Standards Code
1989767.2
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: January 13, 2026
SUBJECT:

Award of Bid/Construction Contract to Keep IT Simple (KIS) for installation of security enhancements at City Hall.

EXECUTIVE SUMMARY:

The City Council will consider awarding a construction contract to Keep IT Simple (KIS) to improve security and door access at City Hall and the Police Department. Staff opened three bids on December 10, 2025, reviewed the bids and recommends awarding the construction contract to the lowest responsive bidder.

RECOMMENDATION:

DISCUSSION:

On November 13, 2025, the City solicited bids (at the City Manager’s request) for the security improvements to City Hall using the informal bidding procedures in accordance with the City’s Municipal Code and the California Public Contract Code. Three bids were received by the December 10, 2025, deadline. The bid results ranged from $74,470.39 to $164,544.00. The lowest bid, submitted by KIS in the amount of $74,470.39, compares favorably with the Engineer’s Estimate of $115,000.

Bidder Bid amount

1. KIS $74,470.39

2. Deco Tech $117,500.00

3. 3D Technology $164,544.00
Staff reviewed all bids for responsiveness and bidder responsibility and determined that KIS submitted the lowest responsive and responsible bid. Based on this evaluation, staff recommends awarding the construction contract to KIS in the amount of $74,470.39. In addition, Staff recommends inclusion of a 15 percent contingency, totaling $11,170.55, to address unforeseen conditions or necessary change orders that may arise during Item F.5
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construction. With contingency, the total not-to-exceed contract amount would be $85,640.94.

The proposed project will enhance security at City Hall and bring the facility into compliance with current video record-keeping requirements. The scope of work includes installation of 13 security cameras at exterior entrances and interior lobby areas, including replacement of eight existing cameras in the upstairs area and within the Police Department. The project will also include installation of new cabling, as needed, to integrate the cameras into a new centralized monitoring and recording system capable of retaining video for a minimum of one year, as required by current regulations.

All cameras and associated equipment will be Verkada brand products, which are already in use at other City facilities, including the Community Center and Corporation Yard.

Standardizing equipment across facilities will improve system compatibility, maintenance efficiency, and staff familiarity.

In addition to video surveillance improvements, the work includes installation of nine electronically controlled door lock systems at existing exterior and interior doors, utilizing programmable card access. These systems will improve building security while providing electronic records of building access. The project also includes installation of five panic buttons in lobby areas, allowing for immediate door locking and direct notification to the Police Department in the event of a security threat.

Collectively, these improvements will significantly enhance City Hall security, expand camera coverage, provide compliant video recording capabilities, improve access control, and increase staff and public safety. Upon approval of the contract award, the standard City construction contract will be routed for execution, with construction anticipated to begin in February 2026.

FISCAL IMPACT:

These safety improvements were not contemplated when the Fiscal Year 2025-26 budget was being developed, therefore funds will need to be appropriated to cover the cost of this work. To allow for the contract plus the contingency, an amount of $85,641 is required, as shown in Attachment A -Budget Change Form #009-26. Ongoing costs related to the software and storage of videos will be budgeted in future years. Annual estimated costs are approximately $4,500.

STRATEGIC PLAN INITIATIVE:

Not Applicable.

Respectfully Submitted by,
Item F.5
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Scott Christie, Public Works Director
Approved By:

Linda Smith, City Manager
Item F.5
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CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2025-26
Funds Originally Appropriated as Part of 2025-26 and 2026-27 Biennial Budget Adopted on June 3, 2025
CHANGE FORM # 009-26
New Appropriations (City CouncilApproval Required): Budget Transfers:

X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget

GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2025-26:
603-00-00-7998

BUILDING MAINTENANCE FUND/ NO DEPARTMENT / NO
PROGRAM /FF&E (less than $5,000)
$85,641
As Presented at the City Council Meeting on January 13, 2026 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: Approve Contract with Keep IT Simple (KIS) for installation of Verkada Security camera and door access at City Hall. Furniture Fixtures & Equipment (FF&E) less than $5,000 is utilized as no single piece of equipment exceeds the $5,000 capitalization threshold.

Item F.5
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: January 13, 2026
SUBJECT:

Award of On-Call Traffic Signal and Street Light Maintenance Services Contract to DC.

Electric Group, Inc.

EXECUTIVE SUMMARY:

The City Council will consider an updated contract with DC Electric Group, Inc. for the oncall traffic signal and street light maintenance efforts. The work includes regular equipment check-outs and as-needed maintenance/repairs of this electrical infrastructure and responding to emergency call outs when signal facilities are damaged from storms or traffic accidents and marking underground electric facilities in response to USA notifications (underground service alert).

RECOMMENDATION:

BACKGROUND:

Public Works and Engineering Services is responsible for the operation and maintenance of 17 signalized intersections, one flashing beacon, five RRFB (rectangular rapid flashing beacon) activated crosswalks, one flashing sign activated crosswalk, and five radar feedback signs, as well as 44 street lights, both LED and non-LED. The City does not have licensed electricians to complete this work using our in-house maintenance crew.

Regular equipment check-outs and as-needed maintenance/repairs of this electrical infrastructure is currently provided by DC Electrical Group, Inc. (DC), an electrical contractor. Their work also includes responding to emergency call outs when signal facilities are damaged from storms or traffic accidents and marking underground electric facilities when required for USA notifications. It should be noted that some of the street light maintenance is covered by PG&E under the terms of the street light service agreements, which include both electric power supply and lamp replacement.

DISCUSSION:

A three-year term is recommended, with the option to extend it by two years. The annual contract value is estimated to be $100,000; however, the City Manager would have authority to administratively increase this amount depending on needs and subject to Item F.6
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budget appropriation. The contract is based on a Fee Schedule & Cost Proposal, which includes unit price per signal intersection and street light (for routine bi-monthly field inspections), and time and materials for call outs or requests for other related repairs.

Recent annual costs average $86,000.

DC has also provided valuable assistance in the planned system wide signal upgrade project (“Smart Signals”), which is expected to provide more reliable and improved signal capabilities. After the Smart Signals project is fully operational (ETA December 2026), the maintenance costs will likely be lower.

If this contract is extended beyond the three-year term, the unit prices and contract labor rates would be negotiated with DC for future calendar years to account for inflation and other factors. Labor rates are subject to prevailing wage requirements. As noted above, the routine maintenance costs are expected to be lower, and there will likely be less need for call-out repairs for failing equipment components.

Staff recommends that the City award a new, updated contract to DC for On-Call Traffic Signal and Street Light Maintenance. Under the Orinda Municipal Code section 2.55.100, maintenance and repair of buildings and facilities can be exempt from competitive bidding when certain criteria are met, including disclosure of the nature of the contract, the amount of the contract, and the reasons why competitive bidding is not feasible.

Competitive bidding is not feasible because the work requires specialized knowledge, experience, and continuity rather than selection based solely on lowest cost. DC possesses extensive familiarity with Orinda’s traffic signal systems, infrastructure, and operating conditions—expertise that would take another contractor at least a year to develop. In addition, few electrical contractors specialize in traffic signal maintenance, and DC has demonstrated a proven ability to reliably service equipment and respond promptly to emergencies. Given the service-oriented nature of the contract, performance quality and technical proficiency are critical and cannot be assured through competitive bidding alone.

Staff believes all applicable criteria has been met and requests City Council approval of the exemption. Staff proposes utilizing the attached updated service agreement for such work (Attachment B), which includes the Fee Schedule & Cost Proposal (Attachment C) to be used for fiscal years 2025-26 through 2027-28.

FISCAL IMPACT:

The on-call traffic signal and street light maintenance services contract with DC Electric is budgeted in the operations budget, funded by Gas Tax (Fund 200). Additional services related to a specific City capital improvement project (such as detector loop replacement during annual road rehabilitation projects) would be charged against such project.

STRATEGIC PLAN INITIATIVE:

Not Applicable.

Item F.6
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ATTACHMENTS:

A: Resolution 04-26
B: Proposed Services Contract
C: Fee Schedule & Cost Proposal
Respectfully Submitted by:

Scott Christie
Public Works Director
Approved By:

Linda Smith, City Manager
Item F.6
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RESOLUTION NO. 04-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

APPROVING AN EXCEPTION TO COMPETITIVE BIDDING REQUIREMENT AND

AWARD AN ON-CALL TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES CONTRACT TO DC ELECTRIC GROUP INC.

WHEREAS, the City owns and operates traffic signal and street light facilities that must be maintained by qualified electrical contractors; and WHEREAS, DC Electric Group, Inc., an electrical contractor, has successfully provided this service to the City for several years and desires to continue to utilize their services; and
WHEREAS, DC Electric Group, Inc. has provided an acceptable unit cost quotation for routine maintenance and acceptable rate schedule for call-out services; and WHEREAS, the estimated annual cost of said services are $100,000; and WHEREAS, competitive bidding is not feasible because the work requires specialized knowledge, experience, continuity, and familiarity with Orinda’s traffic signal systems, infrastructure, and operating conditions; and
WHEREAS, DC has demonstrated a proven ability to reliably service equipment and respond promptly to emergencies. Given the service-oriented nature of the contract, performance quality and technical proficiency are critical and cannot be assured through competitive bidding alone.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda hereby approves an exception to competitive bidding requirements pursuant to Orinda Municipal Code Section 2.55.100.

BE IT FURTHER RESOLVED that the City Council of the City of Orinda hereby awards a services contract to DC Electric Group, Inc. for a three-year term, with the option to extend it an additional two years, for an amount of $100,000 per calendar year, subject to budget availability.

BE IT FURTHER RESOLVED that the City Manager is authorized to administratively increase the annual value of the contract depending on needs, subject to budget availability.

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on January 13, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Item F.6
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Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Item F.6
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CITY OF ORINDA

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

1. Purpose of Contract.
a. City requires certain special services for the purpose of On-Call Traffic Signal and Street Light Maintenance.
b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.

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

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

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

Item F.6
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c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed on an annual basis and the term of this agreement will extend until December 31, 2028. City has the option to extend this agreement an additional two years, until December 31, 2030.

4. Compensation.
a. City agrees to pay Provider at the unit prices and rates described in Exhibit A, not to exceed a maximum contract price of $100,000 per year for all services performed under this agreement. Exhibit A is a Fee Schedule & Cost Proposal based on a unit price schedule per signal intersection and street light (for routine bi-monthly field inspections), and time and materials (at hourly rates as listed) for call outs or requests for other related repairs. If this contract is extended beyond the three year term, the unit prices and contract labor rates would be negotiated by the Parties to account for inflation and other factors. b. Provider shall bill City on a monthly basis for work done in the preceding month. The billings shall contain, as a minimum, inspections performed and locations, total hours worked on call outs or repair requests by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing maintenance activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire maintenance period, then City may reduce the amount of the progress payment accordingly.
c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.

Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of compliance upon request.

Item F.6
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///

6. Conflict of Interest.

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

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

7. Work Product, Intellectual Property and Records.

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

Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement.

In the performance of this agreement, Provider may be given access to confidential City information. Provider shall hold any such information in confidence.

Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

8. Assignment; Subcontracts.

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

Provider shall not subcontract its duties under this agreement without City’s prior written consent. Any attempt to do so shall be null and void, and any assignees, subcontractors or Item F.6
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transferees shall acquire no right or interest by reason of such attempted assignment, subcontracting or transfer.

9. Licenses and Compliance with Laws.

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

10. Insurance Types and Limits.

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

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

11. Additional Insurance Requirements.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Item F.6
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a. Additional Insured Status: City, its officers, officials, employees, and volunteers are to be covered as insureds on the Auto Liability policy and on the Commercial General Liability policy.
b. Primary Coverage: For any claims related to this agreement, Provider’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.
c. Notice of Cancellation. Provider shall not cancel, assign, or change any policy of insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this agreement except after providing 30 days prior written notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Provider shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this agreement.

Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.
d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City. g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Item F.6
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h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. Verification of Insurance.

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

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

13. Indemnification.

To the fullest extent allowed by law, Provider shall defend, indemnify and hold harmless City and its officers, employees, agents and volunteers from and against any and all liability, claims, suits, losses, injuries, damage, demands, expenses and costs (including, without limitation, attorney fees and expert fees) arising out of, pertaining to or relating to the negligence, recklessness, or willful misconduct of Provider in the performance of this agreement.

Provider shall not be obligated to indemnify City against liability arising from the sole negligence or willful misconduct by City. The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

Provider is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. In the performance of this agreement, Provider shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

15. Notices.

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

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
DC Electric Group, Inc.

P.O. Box 7525
Cotati, CA 94931
John Abraham, Regional Mgr.

Item F.6
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16. Litigation.

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

17. Waivers.

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

18. Modification.

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

19. Severability.

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

20. Termination.
a. Termination Without Cause: At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. City shall then pay Provider for services satisfactorily rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.

21. Entire Agreement.

This agreement, together with its attachments, sets forth the entire understanding between the Parties and supersedes any oral or written understanding they may have had prior to Item F.6
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the execution of this agreement. No other contract, statement, or promise relating to the subject matter of this agreement shall be valid or binding.

22. Governing Law and Venue.

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

23. Authority to Enter Agreement.

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

24. Successors and Assigns.

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

25. Headings and Construction.

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

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

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

Exhibit A – Fee Schedule & Cost Proposal
Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language Item F.6
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2025-2026 FEE SCHEDULE & COST PROPOSAL

TRAFFIC SIGNAL SCHEDULED MAINTENANCE RATES
Maint Tasks Unit Unit Price # of
Units Freq/Yr Annual Cost
Traffic Signal Maintenance
Signalized Intersection EA $ 187.91 17 6 $ 19,166.82
Pedestrian Crossing EA $ 187.91 2 6 $ 2,254.92
Flashing Beacons EA $ 93.96 1 6 $ 563.73
Radar Feedback Signs EA Upon Request 5 N/A
Total Annual Cost $ 21,985.47

UNSCHEDULED MAINTENANCE/EMERGENCY SERVICES/EXTRA WORK/USA RATES Item Regular Time Overtime Premium Time
Traffic Signal / Streetlight Tech $ 142.91 $ 190.51 $ 238.14 Superintendent/Manager $ 182.36 $ 268.09 $ 353.82
Laborer $ 97.72 $ 124.78 $ 151.89
Bucket Truck/Service Truck $ 45.00 $ 45.00 $ 45.00
All work will be performed on a time and material basis, unless otherwise agreed upon. For other than time and material work, DC Electric will provide a written firm fixed (quoted) price proposal which shall be approved in writing by City staff.

Regular Time normal business hours will be 7:00am to 3:30pm, Monday thru Friday. All work during normal business hours has a 1 hour minimum charge. All after hours emergency response work has a 2 hour minimum charge and will be billed at the Premium Time rate unless the work is performed immediately following the end of normal business hours in which case it will be billed at the Overtime Rate.

Item F.6
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2026 - 2027 FEE SCHEDULE & COST PROPOSAL

TRAFFIC SIGNAL SCHEDULED MAINTENANCE RATES
Maint Tasks Unit Unit Price # of
Units Freq/Yr Annual Cost
Traffic Signal Maintenance
Signalized Intersection EA $ 194.49 17 6 $ 19,837.66
Pedestrian Crossing EA $ 194.49 2 6 $ 2,333.84
Flashing Beacons EA $ 97.24 1 6 $ 583.46
Radar Feedback Signs EA Upon Request 5 N/A
Total Annual Cost $ 22,754.96

UNSCHEDULED MAINTENANCE/EMERGENCY SERVICES/EXTRA WORK/USA RATES Item Regular Time Overtime Premium Time
Traffic Signal / Streetlight Tech $ 147.91 $ 197.18 $ 246.47 Superintendent/Manager $ 188.74 $ 277.47 $ 366.20
Laborer $ 101.15 $ 129.15 $ 157.20
Bucket Truck/Service Truck $ 46.58 $ 46.58 $ 46.58
All work will be performed on a time and material basis, unless otherwise agreed upon. For other than time and material work, DC Electric will provide a written firm fixed (quoted) price proposal which shall be approved in writing by City staff.

Item F.6
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2027 - 2028 FEE SCHEDULE & COST PROPOSAL

TRAFFIC SIGNAL SCHEDULED MAINTENANCE RATES
Maint Tasks Unit Unit Price # of Units Freq/Yr Annual Cost Traffic Signal Maintenance
Signalized Intersection EA $ 201.29 17 6 $ 20,531.98
Pedestrian Crossing EA $ 201.29 2 6 $ 2,415.53
Flashing Beacons EA $ 100.65 1 6 $ 603.88
Radar Feedback Signs EA Upon Request 5 N/A
Total Annual Cost $ 23,551.39

UNSCHEDULED MAINTENANCE/EMERGENCY SERVICES/EXTRA WORK/USA RATES Item Regular Time Overtime Premium Time
Traffic Signal / Streetlight Tech $ 153.09 $ 204.08 $ 255.10 Superintendent/Manager $ 195.35 $ 287.18 $ 379.02
Laborer $ 104.69 $ 133.67 $ 162.70
Bucket Truck/Service Truck $ 48.21 $ 48.21 $ 48.21
All work will be performed on a time and material basis, unless otherwise agreed upon. For other than time and material work, DC Electric will provide a written firm fixed (quoted) price proposal which shall be approved in writing by City staff.

Item F.6
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: January 13, 2026
SUBJECT:

Approval of Transportation Development Act (TDA) Article 3 Grant Application for Fiscal Year 2026-2027
EXECUTIVE SUMMARY:

RECOMMENDATION:

BACKGROUND:

Transportation Development Act (TDA) funds are designated by the Metropolitan Transportation Commission (MTC) for pedestrian and bicycle facility improvements to encourage non-automobile modes of transportation. The MTC requires the City Bicycle Advisory Committee and the City Council to approve the selected TDA grant application project.

The Orinda Traffic Safety Advisory Committee (TSAC) is the designated Bicycle Advisory Committee for Orinda. TSAC recommended the Camino Pablo Pathway Rehabilitation from Ardilla Road to Claremont Avenue on October 20, 2025, for the TDA grant application to the City Council. The application seeks grant funds for pathway improvements to repave and widen where feasible, approximately 1900 linear feet of the Camino Pablo Pathway from Ardilla Road to Claremont Avenue.

DISCUSSION:

Staff has prepared the TDA grant application for the Camino Pablo Pathway Rehabilitation from Ardilla Road to Claremont Avenue. The Camino Pablo Pathway Rehabilitation from Ardilla Road to Claremont Avenue project improves pedestrian and bicycle safety on the Camino Pablo pathway benefiting students and families walking and Item F.7
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biking to and from Wagner Ranch Elementary School, the Orinda Sports Field, and Downtown Orinda.

Although there is an existing bicycle lane directly adjacent to the Camino Pablo roadway, bicyclists less comfortable with vehicle traffic utilize the pathway.

The Project follows Orinda’s Bicycle, Trails and Walkways Master Plan Goals 2 and 3 by increasing pedestrian and bicycle trips in Orinda and Goal 5 by applying for bikeway, trail, and walkway grants from local, regional and state funding sources. The project will rehabilitate an existing separated pathway on the east side of Camino Pablo from Ardilla Road to Claremont Avenue that is currently in disrepair (see Exhibit A). The project elements would include the following:
 Grind, shape, widen when possible, and re-grade paved pathway to limit crossslope to 2% (for accessibility requirements). The intent is to widen the existing pathway to upgrade to a shared use path (8 feet) when feasible.  Remove 10,920 SF asphalt pavement,
 Install 280 LF of Hot Mix Asphalt Dike
 Install 14,560 SF or 282 tons of 3” hot mix asphalt,
 Raise 2 utility covers to grade
The Project’s design and construction costs are estimated to be $240,000 including 20% contingency.

Staff prepared the grant application for the $240,000 project. The application includes a completed application form with project description and pictures, an estimate of construction costs, site map, Resolution No. 05-26 (Attachment A), CEQA Notice of Exemption, and the TDA Article III Fund Financial Statements for the year ending June 30, 2025. The application requests TDA funding in the amount of $200,000, with the remaining $40,000 covered by Transportation Impact Fees and in-kind services for Staff project management.

The MTC allocation for the TDA grant varies annually. MTC has not notified Contra Costa County of the amount of funding available for bicycle and pedestrian projects for Fiscal Year 2026-27. Last year's (2025-26) total allocation was approximately $1,100,000.

Generally, most agencies who are awarded grants receive funding ranging between $30,000 and $200,000 per project.

Staff has evaluated the subject project with respect to CEQA and recommends that it be found categorically exempt under Section 15301 Class 1 (c) “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines.

Final applications are due to the County and TDA Subcommittee on January 29, 2026.

The TDA Subcommittee will review projects in February 2026, to evaluate the competing projects in Contra Costa County and recommend zero, partial or full grant funding for submitted projects. The grant funding recommendation is anticipated to be presented at the Mayor’s Conference in April 2026 and County’s Board of Supervisors approval in May Item F.7
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2026. Lastly, the final recommended applications will be forwarded to MTC for allocation approval in June 2026. Historically, MTC does not formally approve the project list and funding allocation until late summer or early fall. If the project is recommended for TDA grant allocation, the project funding will be updated in the Capital Improvement Plan for FY 2026-27.

FISCAL IMPACT:

It is possible the City will not be awarded the full $200,000 requested for TDA funding, and therefore additional local funding would be needed to supplement the grant funding.

For example, if $150,000 is awarded, the City would need to use other funding to make up the difference of $90,000 ($240,000 - $150,000= $90,000). One option could be using Transportation Impact Fees (Fund #205). Depending on when approval of the grant occurs the project will be presented as part of an update to the Capital Improvement Plan for FY 2026-27, and the proposed funding will be presented as part of the Budget/CIP approval by the City Council.

STRATEGIC PLAN INITIATIVE:

2. Infrastructure Strategy and Improvement
2d – Focus on capital projects that enhance circulation, mobility, and transportation and improve road safety overall.

ATTACHMENTS:

A. Resolution 05-26
Respectfully Submitted by,
Ryan O'Kane, Senior Engineer
Approved By:

Linda Smith, City Manager
Item F.7
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RESOLUTION NO. 05-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

AUTHORIZING THE CITY TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2026-2027
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE

PROJECT FUNDING FOR THE CAMINO PABLO PATHWAY REHABILITATION

PROJECT, ARDILLA ROAD TO CLAREMONT AVENUE
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Orinda desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; and
WHEREAS, Staff has evaluated the subject project with respect to CEQA and recommends that it be found categorically exempt under Section 15301.c “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines.

NOW THEREFORE BE IT RESOLVED, that the City of Orinda declares it is eligible to request to the Metropolitan Transportation Commission an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Orinda to carry out the project; and furthermore, be it RESOLVED, that the project has been reviewed by the Traffic Safety Advisory Committee which acts as the Bicycle Advisory Committee (BAC) of City of Orinda; and furthermore, be it
Item F.7
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RESOLVED, that the City of Orinda attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim; and furthermore, be it RESOLVED, that of the City of Orinda finds the subject project categorically exempt under Section 15301.c “minor alterations of existing facilities (highways & streets)” of the CEQA guidelines and directs that a Notice of Exemption be filed with the County Clerk.

ADOPTED by the City Council of the City of Orinda at a regular meeting of the Council held on January 13, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Item F.7
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Attachment A Page 1
Resolution No. 05-26
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2026- 2027 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

1. That the City of Orinda is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Orinda legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Orinda has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City Of Orinda within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City Of Orinda agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

Item F.7
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Resolution No. 05-26
Attachment B Page 1
Attachment B
TDA Article 3 Project Application Form

1. Agency City of Orinda

2. Primary Contact Ryan O’Kane

3. Mailing Address 22 Orinda Way, Orinda, CA 94563

4. Email Address [email protected] 5. Phone Number 925-253-4282

6. Secondary Contact
(in the event primary is
not available)
Siva Natarajan, City Engineer

7. Mailing address
(if different) N/A☒

8. Email Address [email protected] 9. Phone Number 925-253-4524

10. Send allocation
instructions to
(if different from above):

N/A

11. Project Title Camino Pablo Pathway Rehabilitation Project, Ardilla Road To Claremont Avenue

12. Amount requested $200,000 13. Fiscal Year of Claim 2026-2027

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒ The Camino Pablo pathway is used by pedestrians and the less advanced bicyclists for both travel and recreation. The project will rehabilitate (grind and repave) and widen, when feasible, an existing high traffic separated pathway on the east side of Camino Pablo from Ardilla Road to Claremont Avenue. The project improves pedestrian and bicycle safety on the Camino Pablo pathway benefiting students and families walking and biking to and from Wagner Ranch Elementary School, the Orinda Sports Field, and downtown Orinda. See attached map and descriptions.

Project elements for which TDA funding is being requested includes construction and contingency. Please see the anticipated project budget in the table below.

See Map in Attachment C
Item F.7
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Resolution No. 05-26
Attachment B Page 2
Project Budget and Schedule
PROJECT PHASE TDA 3 OTHER FUNDS TOTAL COST ESTIMATED COMPLETION (MONTH/YEAR)

BIKE/PED PLAN
ENV
PA&ED
PS&E
ROW
CON $200,000 $ 40,000 $240,000 October 2027
TOTAL COST $200,000 $40,000 $240,000
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.

Traffic Safety Advisory Committee Regular Meeting, 10/20/2025 Meeting Minutes: (To Be Provided with Application Submittal) If "NO," provide an explanation).

B. Has the project been approved by the claimant's governing body? Yes☒ No☐ City Council Regular Meeting, 1/13/2026
If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. Categorical Exemption, 15301 Class 1 (c) N/A☒ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): _October 2027______ G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

Camino Pablo Pathway Rehabilitation from Ardilla Road to Claremont Avenue
Fiscal Year 2026-27
Completed Camino Pablo Pathway from Manzanita Drive to Los Amigos Court, TDA3 Grant FY 2021-22 Item F.7
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City of Orinda
Transportation Development Act Article 3 (TDA 3) Application:

Camino Pablo Pathway Rehabilitation from Ardilla Road to Claremont Avenue
Fiscal Year 2026-27
Table of Contents

1. Application Form

2. Continuation Sheet with Exhibits:

A. Pictures
B. City of Orinda Traffic Safety Advisory Committee (TSAC) Minutes, October 20, 2025, Section E.

3. Estimate of Costs

4. Site Map

5. Authorizing City Council Resolution 05-26, January 13, 2026

6. CEQA Notice of Exemption, filed with County Clerk

7. Audit: Transportation Development Act Article III Fund Financial Statements For the year ending June 30, 2025
Item F.7
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Resolution No. 05-26
Attachment B
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 2026-27 Applicant: City of Orinda Contact person: Ryan O’Kane
Mailing Address: 22 Orinda Way, Orinda, CA 94563
E-Mail Address: [email protected] Telephone: 925-253-4282 Secondary Contact (in event primary not available): Siva Natarajan, City Engineer E-Mail Address: [email protected] Telephone: 925-253-4254 Short Title Description of Project: Camino Pablo Pathway Rehabilitation Project, Ardilla Road To Claremont Avenue Amount of claim: $200,000
Functional Description of Project:

The Camino Pablo pathway project will rehabilitate (grind and repave) and widen, when feasible, an existing high traffic separated pathway on the east side of Camino Pablo from Ardilla Road to Claremont Avenue. The project improves pedestrian and bicycle safety on the Camino Pablo pathway benefiting students and families walking and biking to and from Wagner Ranch Elementary School, the Orinda Sports Field, and downtown Orinda.

Financial Plan:

List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3.

Project Elements: Engineering, project management, construction, construction management. The project is only seeking TDA funding for construction.

Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $200,000 $200,000
list all other sources:

1. Trans. Impact
Fees (local)
$40,000 $40,000

2. In-kind services
Totals $240,000 $240,000
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated).

YES
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page.

NO
C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).

YES
D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: 10/20/2025 (TSAC) YES
E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction).

YES
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) October 2027
YES
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: City of Orinda will maintain the proposed project) YES
Item F.7
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Application continuation sheet
Description of project:

Camino Pablo is an arterial that connects a large portion of Orinda and the pathway is used by residents for recreation, access to the Wagner Ranch Elementary School, the Orinda Sports Field, and Downtown Orinda.

Although there is an existing bicycle lane directly adjacent to the Camino Pablo roadway, bicyclists less comfortable with vehicle traffic utilize the pathway.

The project will rehabilitate an existing separated pathway on the east side of Camino Pablo from Ardilla Road to Claremont Avenue that is currently in disrepair (see Exhibit A). The project elements would include the following:
• Grind, shape, widen when possible, and re-grade paved pathway to limit cross-slope to 2% (for accessibility requirements). The intent is to widen the existing pathway to upgrade to a shared use path (8 feet) when feasible.

This project funding request would allow the City of Orinda to continue pathway rehabilitation on Camino Pablo. The City recently completed pathway improvements on Camino Pablo north of the current project limits after being awarded TDA 3 FY 2021-2022 grant funds.

Item F.7
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Exhibit A
Existing Pathway on Camino Pablo
(Ardilla Road to Claremont Avenue)
Item F.7
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1 DRAFT October 20, 2025

CITY OF ORINDA

TRAFFIC SAFETY ADVISORY COMMITTEE

MINUTES
October 20, 2025

A REGULAR MEETING OF THE TRAFFIC SAFETY ADVISORY COMMITTEE (TSAC) WAS HELD ON THE ABOVE DATE IN THE PLANNING CONFERENCE ROOM, 22 ORINDA WAY, ORINDA, CALIFORNIA.

A. CALL TO ORDER/ ROLL CALL
Vice-Chair Blaisdell called the meeting to order at 7:00 p.m.

COMMITTEEMEMBERS: Chair Nick Mitchell (absent excused), Vice-Chair James Blaisdell, Tandra Ericson, Brandon Haydu (absent excused), Craig Beckerman City Staff: Senior Engineer Ryan O’Kane
B. MINUTES APPROVAL
September 15, 2025, Meeting Minutes
MOTION: By Committeemember Ericson, seconded by Committeemember Beckerman, to approve the TSAC Meeting Minutes of September 15, 2025. The motion carried by unanimous voice vote.

C. PUBLIC FORUM
Harold “Chip” Selan, Orinda resident, spoke about the increased volume of vehicles in the afternoons on Orchard Road. There is an existing No Right Turn sign on Moraga Way at Orchard Road prohibiting right turns from 7:00 a.m. to 9:00 a.m. However, traffic volume has risen in the last ten years since the sign was installed, particularly between the hours of 2:30 p.m. and 4:30 p.m.; there are several hidden driveways and drivers have difficulty seeing residents backing out onto Orchard Road; neighbors have stated that there have been several accidents in the area. An additional restricted turn movement from 2:30 p.m. to 4:30 p.m. should be added to the No Right Turn sign to prevent cut through traffic from Moraga Way in the afternoons.

Senior Engineer O’Kane stated that he will contact the resident to discuss the request and possible steps forward.

D. POLICE DEPARTMENT UPDATES
Senior Engineer O’Kane provided an update regarding the Orinda Police Department’s Impact Suppression, multi-agency enforcement effort which took place in September; approximately 200 citations were issued, primarily for use of handheld devices while driving and Stop sign violations.

Vice-Chair Blaisdell requested that a representative from the Orinda Police Department (OPD) attend the TSAC meetings in person or via Zoom to provide updates and field Item F.7
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2 DRAFT October 20, 2025
Committee questions.

Senior Engineer O’Kane advised that he will discuss with the City Engineer to see whether OPD has availability; he will continue to check prior to the meetings for any updates and will send any questions to OPD which Committeemembers may have.

E. TRANSPORTATION DEVELOPMENT ACT (TDA) GRANT 2026
Senior Engineer O’Kane brought four projects for the 2026-2027 TDA Grant for the TSAC to review and rank; the Metropolitan Transportation Commission (MTC) TDA review committee prefers separated bicycle lane projects and are also interested in providing funding to projects that have community support and realistic funding estimates and constructability.
2026-2027 TDA Grant Projects (in no particular order):

1. Camino Pablo Pathway (Ardilla Road to Claremont Avenue) Repave heavily used asphalt pathway from Ardilla Road to Claremont Avenue; Capital Improvement Program (CIP) Project #3066; widen pathway to 7' where possible and replace surface of wooden bridge; project is on the "Top 10" list of Orinda's Bicycle, Trails, and Walkways Master Plan.

2. Orindawoods Drive Curb Ramps
ADA Transition Plan Compliance (Roadway) - New curb ramps on Orindawoods Drive at the following intersections:
- Village Gate Road (N,S); New ramps, none currently exist - Ironbark Circle (west) (NW, NE); New ramps, none currently exist - Greystone Terrace (NW, NE); New ramps, none currently exist - Tennis Club Entrance (NW, NE); New ramps, none currently exist - Ironbark Circle (east) (NW, NE); New ramps, none currently exist This project has been in the City’s CIP for several years; it is being recommended as it differs from previous projects which had been more bicycle focused.

3. Moraga Way Pathway - Phase 4
Pave and stripe shoulder to maximum width on eastbound Moraga Way, from Ivy Drive to Valley View Drive; this is a continuation of the pathway that will end at Ivy Drive, which is currently in design, with construction anticipated in 2026.

4. East Altarinda Drive Sidewalk Gap Closure Project
Extend the existing walkway on the south side of East Altarinda Drive, from Orindawoods Drive to St. Stephens Drive.

Committeemember Ericson supported prioritizing accessible improvements such as curb ramps and encouraged the City to install separated or buffered bike lanes where possible.

MOTION: By Vice-Chair Blaisdell, seconded by Committeemember Ericson, to recommend to the City Council that the Camino Pablo Pathway project (Ardilla Road to Claremont Avenue) be positioned as Priority 1 for the upcoming TDA Grant; and to rank the other locations as 2) Moraga Way Pathway - Phase 4; 3) Orindawoods Drive Curb Item F.7
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3 DRAFT October 20, 2025
Ramps; 4) East Altarinda Drive Sidewalk Gap Closure Project. The motion carried by unanimous voice vote.

F. NEW TRAFFIC CALMING REQUESTS – None
G. TRAFFIC CALMING REQUEST STATUS
Traffic Calming Request (On Hold) (Discussion)
Senior Engineer O’Kane noted that he will be contacting the Dalewood Drive neighborhood and the other locations requesting speed cushions to advise that the Moraga Orinda Fire District (MOFD) has essentially stated that speed cushions in Very High Fire Hazard Severity Zones (VHFHSZ) will not be allowed.

H. NEW BUSINESS – None
I. OLD BUSINESS

1. Discuss Potential NTMP Updates – No Update
This item was continued to a future TSAC meeting.

J. SUMMARY OF BALANCE OF TRAFFIC CALMING IMPROVEMENTS

PROGRAM
No Update – Summary of Balance of Traffic Calming Improvements Program FY 2025/26 expenditures $0.00; $30,000 budget; remaining balance $30,000 through 6/30/2026.

K. MATTERS INITIATED

1. Confirm Attendance for TSAC Meeting
a. November 17, 2025
Committeemembers confirmed availability for the Regular TSAC Meeting November 17, 2025.

L. ADJOURNMENT
MOTION: By Vice-Chair Blaisdell, seconded by Committeemember Ericson, to adjourn the meeting at 7:58 p.m. The motion carried by unanimous voice vote.

The next regular TSAC Meeting is scheduled for 7:00 p.m., November 17, 2025, in the Sarge Littlehale Community Room, 22 Orinda Way, Orinda, California.

Prepared by: R. O’Kane
Item F.7
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City of Orinda

CAMINO PABLO PATHWAY REHABILITATION PROJECT

ARDILLA ROAD TO CLAREMONT AVENUE
ITEM # ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY TOTAL
1 Mobilization LS $8,000 1 $ 8,000.00
2 Temporary Traffic & Pedestrian Control
Plan and Public Convenience LS $5,000 1 $ 5,000.00
3 Maintain Storm Drain System and
Stormwater Pollution Control Plan LS $3,000 1 $ 3,000.00 4 Remove AC Pathway SF $7 10,920 $ 76,440.00
5 Hot Mix Asphalt Dike LF $15 280 $ 4,200.00
6 Class 2 Aggregate Base CY $175 135 $ 23,592.59
7 Hot Mix Asphalt Pathway TON $275 282 $ 77,577.50
8 Adjust Ex. Utility Cover to Grade EA $500 2 $ 1,000.00 $ 198,810.09
TOTAL Construction with 20% Contingency $ 240,000.00
Sub-Total Construction
Estimate of Costs
Transportation Development Act Article 3 (TDA 3) FY26-27 Item F.7
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Camino Pablo Pathway
Legend
800 ft
N
➤
820 LF Pathway Rehab
1060 LF Pathway Rehab
Ardilla Road to Claremont Avenue Claremont Avenue
Ardilla Road
Item F.7
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RESOLUTION NO. 05-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

AUTHORIZING THE CITY TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2026-2027
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE

PROJECT FUNDING FOR THE CAMINO PABLO PATHWAY REHABILITATION

Page 2 ends

ADOPTED by the City Council of the City of Orinda at a regular meeting of the Council held on January 13, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Item F.7
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2. That the City of Orinda has committed adequate staffing resources to complete the project(s) described in Attachment B.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City Of Orinda agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

Item F.7
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Resolution No. 05-26
Attachment B Page 1
Attachment B
TDA Article 3 Project Application Form

1. Agency City of Orinda

2. Primary Contact Ryan O’Kane

3. Mailing Address 22 Orinda Way, Orinda, CA 94563

4. Email Address [email protected] 5. Phone Number 925-253-4282

6. Secondary Contact
(in the event primary is
not available)
Siva Natarajan, City Engineer

7. Mailing address
(if different) N/A☒

8. Email Address [email protected] 9. Phone Number 925-253-4524

10. Send allocation
instructions to
(if different from above):

N/A

11. Project Title Camino Pablo Pathway Rehabilitation Project, Ardilla Road To Claremont Avenue

12. Amount requested $200,000 13. Fiscal Year of Claim 2026-2027

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

Project elements for which TDA funding is being requested includes construction and contingency. Please see the anticipated project budget in the table below.

See Map in Attachment C
Item F.7
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Resolution No. 05-26
Attachment B Page 2
Project Budget and Schedule
PROJECT PHASE TDA 3 OTHER FUNDS TOTAL COST ESTIMATED COMPLETION (MONTH/YEAR)

Traffic Safety Advisory Committee Regular Meeting, 10/20/2025 Meeting Minutes: (To Be Provided with Application Submittal) If "NO," provide an explanation).

H. Is a Complete Streets Checklist required for this project? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets Item F.7
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Resolution No. 05-26
Attachment C Page 1
Attachment C
Camino Pablo Pathway Rehabilitation Project, Ardilla Road to Claremont Avenue Improvements Map
Item F.7
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Notice of Exemption
To: County Clerk
County of Contra Costa
555 Escobar St.
□ Martinez, CA 94553
From: City of Orinda -Lead Agency
22 Orinda Way
Orinda CA 94563
925-895-6807
Project Title: Camino Pablo Pathway Rehabilitation Project, Ardilla Road To Claremont Avenue Lead Agency & Applicant: City of Orinda
Project Location – Specific: East side of Camino Pablo from Camino Pablo from Ardilla Road Project Location – County: Contra Costa
Project Location – City: Orinda
Description of Nature, Purpose, and Beneficiaries of Project:

Name of Public Agency Approving Project: City of Orinda Name of Person or Agency Carrying Out Project: Department of Public Works and Engineering Services
Exempt Status: Categorical Exemption, 15301 Class 1 (c) Reason Why Project is Exempt:

Section 15301, Class 1, consists of minor alterations of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the determination. Section (c) includes existing streets and bicycle facilities. This project involves minor alteration to existing street facilities, with no expansion in use.

Lead Agency Contact Person: T. Ryan O’Kane, Senior Engineer Telephone: 925-253-4282 and 925-895-6807
Signature: ____________________________________ Date: _January 14, 2026______ Item F.7
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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.7
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Item F.7
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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.7
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Item F.7
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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.
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To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California

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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
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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
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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
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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.7
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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
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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.
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To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California

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

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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.7
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To the Honorable Mayor and Members of City Council
of the City of Orinda
Orinda, California

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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
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: January 13, 2026
SUBJECT:

Introduction of Ordinance 25-06, to amend Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district—Use restrictions) of the City’s Planning and Zoning Code for Convenience Markets and Other Ancillary Retail Uses at Service Stations.

EXECUTIVE SUMMARY:

The City Council will hold a public hearing to consider the re-introduction of an ordinance originally introduced by the City Council in September 2023 that modifies regulations for convenience markets and ancillary retail uses at service stations in response to an application by Chevron.

The substance of the ordinance remains unchanged from that previously introduced. In addition, staff for Chevron and the City have reached agreement on the terms of an offer of dedication and donation by Chevron. Those items are presented for the City Council’s information and comment.

RECOMMENDATION:

Take the following actions:

1. Waive the full reading of the text; and

2. Introduce Ordinance 25-06 amending Section 17.2.3 (Definitions) and Section

17.8.5 (Downtown Commercial District—Use Restrictions) of the Orinda Municipal Code to update regulations governing convenience markets and ancillary retail uses at service stations; and

3. Review and provide comment on the negotiated offer of dedication and donation.

BACKGROUND:

Service station convenience markets require a commercial use permit with supplemental restrictions applied within the Downtown Commercial District such as a convenience market at a service station may not exceed 40 square feet in size pursuant to Orinda Municipal Code (OMC) Subsection 17.8.5(H.2a). This Zoning Text Amendment, Item G.1
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requested by Chevron, would allow convenience markets larger than 40 square feet as conditionally permitted at service stations, subject to a use permit with new required criteria. Highlights of the proposed changes include:

1. Eliminate the maximum 40 square-foot size limitation for convenience markets at service stations as well as minimum distances to other land uses such as churches and schools.

2. Allow convenience markets at service stations subject to the following:
a. Require a noticed public hearing for a commercial use permit; b. Be 2,250 – 3,000 square feet (but no more than 20% of a lot size); c. Requiring a pedestrian entrance within 35’ of public right-of-way (ROW); d. Provide at least 25’ of frontage to the ROW; and
e. Require the inclusion of “fresh food”

3. Change the definition of liquor store to clarify that a liquor store primarily sells alcoholic beverages for off-site consumption.

This Zoning Text Amendment was presented to the Planning Commission in conjunction with a proposed development project at 11 Orinda Way (the Chevron service station).

This project includes the conversion of the existing service bay area into a convenience market. Changes include interior and exterior remodel of the building, modification of the fuel canopy, construction of an observation deck, site improvements, installation of an additional fueling station, and installation of an electric charging station. The Planning Commission approved the entitlements for this project contingent on the City Council approval of the Zoning Text Amendment. No appeal was filed.

Chevron Project Timeline Summary:

July 12, 2023 – Planning Commission: The Commission adopted a Statement of Official Action (Attachment C) approving the entitlements for the project and adopted Resolution 23-03 recommending the City Council adopt an Ordinance for Zoning Text Amendment ZTA-2023-001 (Attachment B). Action on the project is contingent on City Council approval of the proposed text amendment to Orinda Municipal Code Section

17.8.5. See the agenda materials and minutes here.

September 19, 2023 – City Council: The City Council voted to waive the first reading and introduce the proposed ordinance while directing Staff to return with a document describing the terms of Chevron’s proposed offer of dedication for the fee title area and the associated access easement. See the agenda materials and minutes here.

Summer 2025: Chevron and City staff negotiated the proposed offer of dedication to the City for fee title ownership of a rear portion of the site containing San Pablo Creek as well as an associated access easement (Attachment D). This offer of dedication would be recorded following the City Council adoption of the proposed ordinance. The City would have 10 years to decide whether to accept that offer.

Item G.1
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Additionally, Chevron submitted its letter (Attachment F) proposing to make a donation of $24,874 to the City related to automobile parking. The donation would be paid to the City within 30 days after Chevron commences construction of the Project. This donation comes within the City Manager’s acceptance authority.

DISCUSSION:

Staff propose reintroduction of the ordinance, because more than two years have passed since the initial introduction of the proposed ordinance. The previous version of the ordinance, 23-04, has been updated to Ordinance 25-06. No changes to the proposed text have been proposed; however, the new version of the proposed ordinance reflects the zoning text changes recently approved by the City Council to chapter 17.8 of the Orinda Municipal Code during the Downtown rezonings (via Ordinance 25-05).

The discussion is arranged in three sections: Section 1: Zoning Text Amendment description; Section 2: General Plan Consistency, applicability & additional impact; and Section 3: Staff discussion of the Chevron-proposed dedication.

Section 1: Zoning Text Amendment Description
The applicant is seeking a Zoning Text Amendment to the definition of “Convenience Market.” Under the existing Orinda Municipal Code (OMC), a convenience market is a conditionally permitted use in the DC district, provided that it complies with the additional requirements as stipulated in Subsection 17.8.5H.2 of the OMC, including:
• A maximum size of 40 square feet;
• A prohibition within the immediate vicinity of a church or hospital, or within 600 feet of a school, public playground, or nonprofit youth facility; and • A prohibition on any variance permit for these standards.

To expand the definition/requirements of a convenience market, the changes are necessary to:
• OMC Section 17.2.3 – Definitions
• OMC Section 17.8.5 – Downtown commercial district – Use restrictions OMC Section 17.2.3 – Definitions
The first proposal is to OMC Section 17.2.3 – Definitions to change the definition of Liquor Store as follows:
"Liquor store" means an establishment primarily engaged in the sale of alcoholic beverages for off-site consumption and incidental sale of general merchandise.

This classification includes wine tasting rooms as an incidental use to wine sales.

The sale of nonalcoholic beverages and food items is incidental to a liquor store.

OMC Section 17.8.5 – Downtown commercial district – Use restrictions The second proposal is to amend OMC Section 17.8.5 regarding commercial use permits required for service stations:

Item G.1
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6. Convenience market and other ancillary retail at a service station;* An amendment to OMC 17.8.5H.2 is also required, governing use permit requirements for “Convenience Markets and Other Ancillary Retail Uses at a Service Station.” The amendments to this portion of the code remove the previous 40-square-foot limitations for convenience stores at service stations, limitations on their proximity to other uses such as schools and churches, and limitations on variances. The proposed version of this section includes criteria for findings in support of a use permit and requirements for development containing the proposed use:
a. Criteria:
i. The existence of the proposed use will not significantly and adversely alter the impact and the character of the primary service station use; ii. The proposed use will enhance the pedestrian environment in the vicinity of the service station;
iii. The proposed use will enhance the availability of food in the City, including fresh food;
iv. The proposed use will not adversely impact any of the policies set forth in Section 17.8.1;
v. The proposed use will substantially further City goals for Downtown Orinda as identified in adopted plans, including but not limited to the ConnectOrinda Streetscape Master Plan.
b. Requirements:
i. The proposed use shall occupy only ground floor space and not exceed 20 percent of the total lot area;
ii. The proposed use shall provide and maintain one or more seating areas (minimum of 8 aggregate seats) to accommodate food and/or beverage consumption;
iii. The building containing the proposed use shall include a pedestrian entrance from a sidewalk in the public right of way. This entrance shall be located:

1. no more than 35 feet from the public sidewalk;

2. on an exterior primary wall that runs roughly parallel to the public sidewalk for a distance of at least 25 feet.
iv. The proposed use must be at least 2,250 square feet and no larger than 3,000 square feet;
v. To the extent that outdoor seating is provided, it shall comply with all outdoor dining requirements contained in Section 17.8.5(I)(1) except for any outdoor dining permit requirement;
Item G.1
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vi. To the extent the proposed use comes within the definition of take-out restaurant, it shall comply with all take out restaurant requirements contained in Section 17.8.5(I)(2).

An amendment to OMC 17.8.5H.7 is also necessary to clarify the location of special rules applicable to ancillary retail uses at service stations (those detailed above).

Section 2: General Plan Consistency and Applicability
General Plan Consistency
The proposed Zoning Text Amendment would be consistent with and promote the following policies identified below:
• 2.1.3 Downtown: Guiding Policies
 (B) Favor retail services needed frequently by residents by limiting the amount of office space in predominantly retail areas. Office space in retail areas should serve Lamorinda uses and generally not exceed retail space on any one lot.
 (F) Make downtown shopping more attractive by diverting through traffic off local streets in the business district, providing more convenient circulation for shopping traffic, managing the parking supply more efficiently, creating safe and pleasant pedestrian routes, and developing and maintaining sufficient landscaping.
• 2.1.4 Downtown: Implementing Policies
 (E) Enact regulations that will ensure that the ground levels of the central business area will be predominantly retail and permit only a limited number of offices that favor local use needs.

Applicability and Additional Impact
The proposed amendments would likely be applicable to all existing service stations in Orinda, as indicated in Table 1.

Table 1: Existing Service Stations in Orinda
Address Service Station Lot Size (Sq. Ft.)
11 Orinda Way Chevron 35,118
9 Orinda Way Shell 28,750
67 Moraga Way 76 14,375
22 Bryant Way Mash Gas & Food 14,289
Conformance to OMC Downtown Districts intent
The proposed text amendment requires that a convenience market at a service station be consistent with the OMC intent section at the beginning of the Downtown Districts chapter of the zoning ordinance. The Downtown intent section in its entirety is as follows:

17.8.1 Intent.

Item G.1
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In addition to the general purposes listed in Chapter 17.1, the specific purposes of the downtown district regulations are to:

A. Create every opportunity for the downtown area to function as a vital, thriving yet traditional Main Street area, serving local needs and providing for specialty retail activities, consistent with the general plan;
B. Create a vibrant community center by encouraging a variety of businesses which will create pedestrian interaction and pedestrian-scale activities. Emphasize uses which involve pedestrian spaces, including outdoor dining, garden settings, walkways and seating areas;
C. Encourage areas of distinctive character by identifying preferred uses and development standards unique to these locations;
D. Regulate development so as to achieve a vibrant community center over time. All development, including incremental development, small building additions or increases in intensity of existing land uses, shall be consistent with this goal; E. Establish incentives, such as additional building height, higher floor area or broader range of permitted uses to help achieve a vibrant community center; F. Discourage and eventually terminate nonconforming office uses in retail spaces; G. Establish development standards which define desired character, but which allow and encourage flexibility in how this character is to be achieved, including standards involving building heights, setbacks, site planning, building bulk/mass, landscaping, parking, lighting and architecture, as presented in the downtown design guidelines; H. Protect adjoining residential areas from inappropriate or disruptive commercial or office activities;
I. Encourage parking solutions which will serve long-term needs and will minimize the adverse effects of parking, traffic and circulation on the function and viability of downtown;
J. Encourage activities and development which will showcase the creek, where possible, for low-intensity pedestrian-oriented activities and strolling; K. Provide for multifamily housing, including affordable housing, in downtown areas, consistent with the housing element of the general plan.

Section 3: Staff Discussion of the Chevron Offer of Dedication for the Creek As part of the project consideration, Chevron has offered a portion of their property along the creek for dedication to the City in fee, along with an easement for access from Orinda Way. In the latter part of 2025, Staff worked with Chevon’s team to negotiate an Offer of Dedication acceptable to both parties. The term for acceptance is 10 years from recordation of that Offer of Dedication.

As part of the City’s due diligence, Chevron was amenable to what is commonly referred to as a Phase I Environmental Site Assessment (ESA). The ESA is a report, commonly Item G.1
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prepared in commercial real estate transactions, to identify potential contamination risks from past or present property uses. The assessment involves records review, site visits, and interviews, but not sample collection. It is used to help purchasers avoid liability and understand the property's value.

The City of Orinda conducted this Phase I ESA in order to inform the negotiations. This assessment suggested that a Phase II environmental assessment would be warranted.

A Phase II assessment is more intrusive and involves sampling of soil, groundwater and soil vapor to confirm the presence, type, and extent of contamination. However, Chevron, as the property owner, was not amenable to any further analysis. As such, the Offer of Dedication will be for property in “as-is” condition. Staff believes that the negotiated longlead time (10 years) as part of the Offer of Dedication will provide the City with enough time to determine the calculated risk of acceptance.

FISCAL IMPACT:

There is no material fiscal impact resulting from the introduction of Ordinance 25-06. If adopted, it is anticipated to be an increase in sales tax revenue generated.

STRATEGIC PLAN INITIATIVE:

3. Downtown Development and Beautification

3.b – Evaluate existing conditions and its impact on business growth and seek to create certainty in City process for prospective business owners.

3.c – Engage with Downtown property owners to understand their barriers, goals and needs, and work to encourage development, reuse and tenanting of vacant and underutilized properties.

NEXT STEPS:

If the City Council introduces the Ordinance, this item will be scheduled for its second reading and adoption at the January 20, 2026, City Council meeting. If the City Council adopts the Ordinance, the City Manager will take steps to accept the donation and ensure that the Offer of Dedication is recorded.

ATTACHMENTS:

A. Proposed Ordinance 25-06
B. Planning Commission Resolution 23-03
C. Planning Commission Statement of Official Action 2023-014 D. Chevron’s Offer of Dedication to Orinda
E. Baseline Phase I Environmental Site Assessment
F. Letter of Agreement Regarding a Donation for Pedestrian-Friendly Initiatives Respectfully Submitted by,
Darin Hughes, Associate Planner
Approved By:

Item G.1
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Linda Smith, City Manager
Item G.1
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of: Ordinance 25-06
An Ordinance Amending Section 17.2.3
(Definitions) and Section 17.8.5 (Downtown
commercial district—Use restrictions) of the
City’s Zoning Code to Update Rules
Applicable to Convenience Markets and Other
Ancillary Retail Uses at a Service Station
The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to amend Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district—Use restrictions) to update the City’s rules regarding convenience markets and other ancillary retail uses at service stations.

SECTION 2.

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

Municipal Code Provision Action
§17.2.3 Text amended as shown in Attachment A.
§17.8.5 Text amended as shown in Attachment A.

SECTION 3 – PURPOSE AND INTENT.

A. The purpose of this ordinance is to allow additional and larger convenience markets, and other ancillary retail uses, at service stations in the City. The City’s usual commercial use permit process would continue to apply. In addition, approval of such uses would be based on findings of compliance with the performance criteria and requirements identified in Attachment A.

B. The intent of this ordinance is to promote the design and functionality of any new or expanded ancillary retail uses at service stations to be pedestrian-friendly, aesthetically pleasing, and to provide benefits to the community beyond the sales of gasoline and motor fuel, auto parts and supplies, and incidental auto repair. The requirement for a commercial use permit to allow ancillary retail sales will ensure that each application is considered on a case-by-case basis to find that the listed criteria and requirements are met.

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C. The proposed text amendment would be consistent with the following goals/policies of the General Plan:
• 2.1.3 Downtown: Guiding Policies
o (B) Favor retail services needed frequently by residents by limiting the amount of office space in predominantly retail areas. Office space in retail areas should serve Lamorinda uses and generally not exceed retail space on any one lot.
o (E) Make downtown shopping more attractive by diverting through traffic off local streets in the business district, providing more convenient circulation for shopping traffic, managing the parking supply more efficiently, creating safe and pleasant pedestrian routes, and developing and maintaining sufficient landscaping.
• 2.1.4 Downtown: Implementing Policies
o (E) Enact regulations that will ensure that the central business area will be predominantly retail and which permit only a limited amount of offices that favor local use needs.
• 2.1.4 Downtown: Implementing Policies Village Area Development o (J) In cooperation with the merchants and property owners, develop a plan for Orinda Way that will consolidate driveways, include a street median if feasible, and enrich the street's landscape character. o (K) Encourage property owners to make more intensive use of the San Pablo Creek sides of their buildings by designating a “private street: with public access parallel to the creek that would ‘provide an alternative connection for shoppers who must now turn on Orinda Way and/or enhance and preserve San Pablo Creek with landscaping, pathways and other pedestrian amenities consistent with his primary purpose as flood control.

D. The proposed text amendment would expand the opportunity for fresh and nutritious food within the City.

SECTION 4.

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

SECTION 5.

This ordinance is consistent with the Orinda General Plan.

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SECTION 6.

The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change in the environment, directly or indirectly.

SECTION 7.

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

SECTION 8.

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_____ , Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Exhibit A: Amendments to OMC Sections §17.2.3 and §17.8.5 Item G.1
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ATTACHMENT A
The following text is amended in Orinda Municipal Code Section 17.2.3 Definitions:
"Liquor store" means an establishment primarily engaged in the sale of alcoholic beverages for off-site consumption and incidental sale of general merchandise. This classification includes wine tasting rooms as an incidental use to wine sales. The sale of nonalcoholic beverages and food items is incidental to a liquor store.

The following text (existing graphics excluded) is amended in Orinda Municipal Code Section 17.8.5 Downtown commercial district—Use restrictions:

In the downtown commercial district, certain uses are permitted, permitted with a use permit, or prohibited in certain locations as follows.

A. Types of Interior Spaces. There are three types of interior commercial space in the downtown commercial district:

1. Type I Space. Type I space is a retail floor in a building or a portion of a building that:
a. Faces or abuts a street or street segment listed below; or b. Faces a mall, plaza or parking lot which faces or abuts a street or street segment listed below.

Type I space excludes a retail floor in a building that meets the criteria listed in subsections A.1.a. or A.1.b. of this section, solely because of driveway access to such a street or street segment.

Type I space is located on the following streets and street segments within the downtown commercial and downtown core zoning districts:

Orinda Way; Avenida De Orinda (both sides of the eastern half and the north side of the western half); Camino Sobrante; Santa Maria Way; Moraga Way; Bryant Way (between Moraga Way and Davis Road); Brookwood Road (between Moraga Way and Camino Pablo except for the unit near the garage entrance in the Theatre Square Complex); Camino Pablo (east side between Highway 24 and Moraga Way).

2. Type II Space. Type II space is a retail floor that is not in a building or a portion of a building that faces or abuts any of the streets and street segments listed in subsection A of this section or a building or portion of a building that faces or abuts a mall, plaza, or unenclosed parking lot facing or abutting any of the streets and street segments listed above. Examples include but are not limited to the rear side of buildings along the west side of Orinda Way, Camino Pablo's west side south of Brookwood Road, and Brookwood Road west of Camino Pablo.

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3. Type III Space. Type III space is any other space in the downtown commercial and downtown core zoning districts.

B. Classification of Commercial Uses. There are three general classes of uses permitted in the downtown commercial district.

1. Class A Uses. Retail sales and restaurants, restaurants with take-out*, and restaurants with outdoor dining*;
* Take-out restaurants and outdoor dining are subject to additional regulations set forth in subsection I of this section.

2. Class B Uses. Personal care, personal development services (excluding health care), and business and automotive services, including service stations, if the use will tend to create substantial pedestrian interaction with surrounding businesses (including but not limited to beauty parlors, barber shops, fitness centers, dry cleaners, travel agencies, dance, music, and martial arts studios), and retail financial institutions such as banks, savings and loans, credit unions, and free-standing automatic teller machines; and

3. Class C Uses. Office uses compatible with a village atmosphere such as medical and professional offices, real estate sales, and financing.

C. Uses Not Requiring a Commercial Use Permit. Except as otherwise provided in subsection G of this section, in all spaces, Class A uses are allowed without a commercial use permit. Class B uses are allowed without a commercial permit in Type II and III spaces; and Class C uses are allowed without a commercial use permit in Type III spaces. Where a single space has multiple frontages that, considered separately, would be classed as more than one space type, the entire space is subject to the rules applicable to the higher type, e.g., Type I rather than Type II. Where a single space is proposed to be divided into more than one space, creating one or more new and less-restrictive spaces, a commercial use permit is required.

D. Commercial Use Permit Requirement.

1. Class B Uses. A use permit under Chapter 17.36 is required for a Type B use in a Type I ground floor space.

2. Class C Uses. A use permit under Chapter 17.36 is required for a Class C use in Type II spaces. A Class C use is prohibited in Type I space.

3. Other Uses. Certain uses described in subsection G of this section require a use permit under Chapter 17.36.

4. Extended Hours. A commercial use permit is required for any use which operates before five a.m. or after eleven p.m.

E. Use Prohibition. All uses not specifically permitted in this Chapter 17.8 are prohibited in the downtown commercial district.

F. Space Utilization Chart. The following chart illustrates the provisions of Sections

17.8.5C. and D.

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Type I
Prime Ground Floor
Type II
Secondary Ground
Floor
Type II
Other Than Ground
Floor
Class
A Uses
allowed allowed allowed
Class
B Uses
allowed with use permit allowed allowed
Class
C Uses
not allowed allowed with use permit allowed
G. Supplemental Restrictions for Specific Uses. The following specific uses are also permitted in the downtown commercial district, subject to the contents of the chart above and subject to obtaining a commercial use permit under Chapter 17.36.

Those uses marked by an asterisk are subject to additional regulations set forth in Section 17.8.5H.:

1. Adult business;*

2. Animal sales and services;

3. Bar and tavern;

4. Commercial recreation and entertainment;

5. Convenience market;

6. Convenience market and other ancillary retail at a service station;*

7. Farmer's market;

8. Game center;*

9. Liquor store;

10. Live entertainment;*

11. Maintenance and repair services;

12. Outdoor sales;*

13. Service stations;*

14. Vehicle sales and services;

15. Visitor accommodations;

16. Ancillary retail uses.*
* Uses marked by an asterisk in subsection G. of this section are subject to additional regulations set forth in subsection H. of this section.

H. Supplemental Restrictions for Specific Uses. The following uses are permitted in the downtown commercial district subject to particular restrictions for such uses as described below and subject to obtaining a commercial use permit under Chapter

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1. Adult Businesses.
a. Purpose.
i. In adopting these provisions, the City Council recognizes that certain types of adult businesses possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of such areas and adjacent neighborhoods. The City Council further recognizes that locating adult businesses in close proximity to establishments frequented by minors will cause the exposure of minors to adult material that may adversely affect such minors due to their immaturity. Additionally, the City Council recognizes that, while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of citizens of the city are offended by the public display of sexually-oriented material.
ii. Special and limited regulation of adult businesses, consistent with the First Amendment rights of such uses, is therefore necessary. This will ensure that the adverse effects of adult businesses will not contribute to the blighting or downgrading of the DC district in which they are permitted and the downgrading of surrounding neighborhoods; will not adversely affect minors; and will not offend those citizens of the city who do not wish to be exposed to sexually-oriented material. b. Location of Adult Businesses. No adult businesses, including adult bookstores, adult movie theaters, and massage establishments, shall be located:
i. Within four hundred (400) feet of any R district;
ii. Within three hundred (300) feet of the boundaries of a parcel of a real property site occupied by a public or private school, a religious assembly facility that conducts religious education classes for minors, or a park and recreation facility;
iii. Within six hundred (600) feet of any other adult business; or iv. On the ground level of a building.
c. Public Display of Certain Matter Prohibited. No business shall display or exhibit any material depicting private anatomical areas or sexual activities in such a way as to be visible by persons outside the building in which the adult business is located.

2. Convenience Markets and Other Ancillary Retail Uses at a Service Station.

Ancillary retail use, including a convenience market, may be permitted at a service station if a noticed hearing is held under Chapter 17.42 in conjunction with the application under Chapter 17.36 for a commercial use permit (or commercial use permit amendment) for a service station. The proposed use may be approved if findings of fact are made to support each of the listed Item G.1
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criteria and use permit conditions are imposed consistent with the listed requirements:
a. Criteria:
i. The existence of the proposed use will not significantly and adversely alter the impact and the character of the primary service station use;
ii. The proposed use will enhance the pedestrian environment in the vicinity of the service station;
iii. The proposed use will enhance the availability of food in the City; including fresh food
iv. The proposed use will not adversely impact any of the policies set forth in Section 17.8.1;
v. The proposed use will substantially further City goals for downtown Orinda as identified in adopted plans, including but not limited to the ConnectOrinda Streetscape Master Plan.
b. Requirements:
i. The proposed use shall occupy only ground floor space and not exceed 20 percent of the total lot area;
ii. The proposed use shall provide and maintain one or more seating areas (minimum of 8 aggregate seats) to accommodate food and/or beverage consumption;
iii. The building containing the proposed use shall include a pedestrian entrance from a sidewalk in the public right of way. This entrance shall be located:

1. No more than 35 feet from the public sidewalk;

2. On an exterior primary wall that runs roughly parallel to the public sidewalk for a distance of at least 25 feet.
iv. The proposed use must be at least 2,250 square feet and no larger than 3,000 square feet;
v. To the extent that outdoor seating is provided, it shall comply with all outdoor dining requirements contained in Section 17.8.5(I)(1) except for any outdoor dining permit requirement;
vi. To the extent the proposed use comes within the definition of takeout restaurant, it shall comply with all take out restaurant requirements contained in Section 17.8.5(I)(2).
a. The area for nonautomotive retail sales within a service station shall be completely enclosed and no larger than forty (40) square feet.

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b. A service station convenience market shall not be within the immediate vicinity of a church or hospital or within six hundred (600) feet or less of a school, public playground or nonprofit youth facility, as measured pursuant to the rules of the Department of Alcoholic Beverages.
c. No variance may be granted for the requirements in subsections (H)(2)(a) and (H)(2)(b) of this section.

3. Game Centers. The following supplemental regulations shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device.
a. Purpose. The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages.
b. Permit Required. A commercial use permit shall be required to install, operate or maintain four or more mechanical or electronic games. The permit is valid only for the number of games specified; the installation or use of additional games requires a new or amended permit. The permit shall be permanently and conspicuously displayed.
c. Duration and Renewal of Permit. Initially, the permit shall be valid only for one year. Thereafter, the Community Development Director may renew the permit for periods of not more than two years. The procedure for renewal is the same as that for the initial application, and the same factors considered for the initial application shall be considered for the renewal. d. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public.
e. Hours of Operation for Minors Under Eighteen Years of Age. No game center owners, manager or employees shall allow a minor under eighteen (18) years of age to play a mechanical or electronic game machine during the hours of public schools in the district in which the center is located are in session, or after nine p.m. on nights preceding school days, or after ten p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. f. Locational Criteria. A game center shall not be permitted within three hundred (300) feet of a public or private school site or the boundary of an R district, or within five hundred (500) feet of a liquor store, a cocktail lounge, tavern or bar. The distance shall be measured in a straight line from the main public entrance to the game center to the property line of the school site, the district boundary, or the main public entrance of the liquor store or cocktail lounge, as the case may be.
g. Restrictions. The Planning Commission may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and Item G.1
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other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community.

4. Live Entertainment. The following regulations shall apply to any use offering scheduled live entertainment, as defined, more than three times per calendar year:
a. Exits not limited to emergency use only shall not be opposite an R district adjoining the site.
b. A use permit shall establish conditions ensuring that no litter problem will exist.
c. A use permit for live entertainment shall apply only to the type of entertainment approved, and a different type of entertainment shall require approval of a new use permit.
d. A noise analysis specifying areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise exposure on adjacent property shall be submitted with a use permit application.

5. Outdoor Sales. Outdoor sales specified in subsection (H)(5) of this section are allowed with a commercial use permit.
a. Permanent outdoor storage and display of merchandise, materials or equipment, including display of merchandise, materials and equipment for customer pick-up;

6. Service Station.
a. All repair work shall be conducted within a building. No outside storage of parts, equipment or vehicles which have been damaged or dismantled completely or partially, is permitted.
b. Activities permitted in a service station include tire sales, installation of mufflers, exhaust and suspension systems, electronic tune-ups, oil/lubrication and filter replacement, wheel alignment, tire rotation and balancing, battery installation or charging, hose replacement, belt replacement, carburetor adjustment, installation and repair of brakes, auto radio and electronics installation and service, alarm installation, or air conditioning or heater service.
c. Activities prohibited in a service station include other major repair activities such as engine overhauls involving body and fender work, painting and undercoating.

7. Ancillary Retail Use. An ancillary retail use is permitted in the downtown commercial district if a noticed hearing is held under Chapter 17.42 in conjunction with the application for a commercial use permit and findings of fact are made to support each of the following criteria:
a. The existence of the ancillary retail use will not significantly and adversely alter the impact and the character of the primary retail use, Item G.1
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b. The ancillary use will not adversely affect the use of more than twenty (20) percent of the existing floor area,
c. The ancillary use will not create a significant adverse impact on parking and pedestrian and vehicular traffic,
d. The ancillary use will not adversely impact any of the policies set forth in Section 17.8.1.

For special rules applicable to ancillary retail uses at service stations, see subsection 2, above.

I. Additional Regulation for Uses Not Requiring a Commercial Use Permit.

1. Outdoor Dining. Outdoor dining is allowed with an outdoor dining permit. a. The following regulations apply to all outdoor dining permit applications:
i. The operator shall furnish tables, chairs, umbrellas, and portable heaters (outdoor dining furniture) as necessary.
ii. Outdoor dining furniture shall not be secured to public streetlights, trees, or other furniture.
iii. No outdoor dining furniture may be located at a street intersection within a triangular area formed by the street curb lines and their projections and a line connecting them at points forty (40) feet from the intersection of the projected curb lines. In cases where curbs do not exist, the edge of street pavement shall be used for measuring purposes.
iv. Outdoor dining furniture shall meet the following standards:
(A) Tables and chairs shall be made of a safe, sturdy, durable material such as wrought iron, wood, steel, or cast
aluminum.
(B) No plastic tables or chairs and no vinyl tablecloths are permitted.
(C) All tables and chairs shall be commercial grade and manufactured for outdoor commercial use.
(D) Tables shall be square, rectangular or round to seat two to four people.
(E) All furniture shall be properly maintained and cleaned regularly.
v. No umbrella signage is permitted.
vi. At least seven feet ground clearance shall be provided under umbrellas.
vii. If portable heaters are used, they shall be located a minimum of two feet from the pedestrian zone.

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viii. The outdoor dining area shall be maintained in a clean and safe condition at all times.
ix. All Americans with Disabilities Act (ADA) requirements shall be met. b. The following regulations apply to applications for outdoor dining located in the public right-of-way:
i. All requirements of subsections I.1. of this section must be met; ii. Approval of a revocable encroachment permit per Chapter 12.08 must be obtained;
iii. Furniture must be located immediately in front of the business it serves or shall have the consent of the businesses in which the outdoor dining area is abutting;
iv. Tables shall be fastened to the ground, in a manner acceptable to the City Engineer;
v. Outdoor dining furniture, except for the tables, shall not be left in the public right-of-way during non-business hours;
vi. Outdoor dining areas shall remain on the same side of the pedestrian zone along public sidewalks not wide enough to accommodate outdoor dining areas on both sides of the pedestrian zone unless there is a ten-foot separation between dining areas;
vii. A two-foot vehicle buffer zone between the curb and the outdoor dining area or the pedestrian zone shall be maintained. viii. A minimum pedestrian zone of four feet and six inches shall be maintained.
ix. Outdoor dining areas shall not cause the pedestrian zone to encroach into the radius of a door swing.
x. Outdoor dining furniture shall not encroach into the vehicle buffer zone or the pedestrian zone.

2. Take-out restaurants are allowed with a take-out restaurant permit. a. The following regulations apply to all take-out restaurant permit applications.
i. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting shall be promptly removed.
ii. A trash receptacle shall be provided near each public restaurant exit unless there is an existing trash receptacle within twenty-five (25) feet of each exit. If in the public right-of-way, the type of trash receptacle shall be subject to approval by the Public Works Department. iii. The business owner shall keep the area in front of the restaurant clean and litter free and ensure that the trash receptacle does not overflow. In the event that receptacles in the public right-of-way Item G.1
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overflow and are emptied by the city, the applicant shall be charged the cost of emptying the receptacle.
iv. The applicant must provide documentation showing that the requirements for off-street parking in Section 17.16.4 of the Orinda Municipal Code are met.
v. Walk-up service is allowed, provided access is not directly to the public right-of-way.
vi. A restaurant which offers food and beverages, or either one, for sale to a customer in a motor vehicle for consumption off-site is prohibited.

J. Prohibition of Specified Uses.

1. Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the downtown commercial district.

2. Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the downtown commercial district.
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1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of Orinda
22 Orinda Way
Orinda, CA 94563
No Fee Document
Recorded for the Benefit of the City
of Orinda Pursuant to Government
Code Section 6103
THIS SPACE ABOVE FOR RECORDER’S USE

OFFER OF DEDICATION AND AGREEMENT
WHEREAS, Chevron U.S.A. Inc., a Pennsylvania corporation (“Chevron”) is the owner of certain real property commonly known as 11 Orinda Way, Orinda, California and more particularly described in Exhibit A attached hereto (“Property”).

WHEREAS, the City of Orinda is a California municipal corporation (“City”). Chevron and the City are sometimes collectively referred to herein as the “Parties” and individually as a “Party.” WHEREAS, Chevron has obtained approval from the City to remodel the interior and exterior of the building located on the Property, modify the existing fuel canopy, construct an observation deck, install an additional fueling dispenser, install an electric vehicle charger, install new signage and other site improvements, and to operate a convenience store on the Property (collectively, “Project”).

WHEREAS, Chevron offered to dedicate a portion of the Property, with an associated access easement, to the City.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and subject to the terms and conditions set forth herein, Chevron makes the following offer of dedication (“Offer of Dedication”) as of [●], 20251 (“Offer Date”):

1. DEDICATION OF FEE PARCEL AND EASEMENT

1.1 Subject to the satisfaction of each of the conditions precedent set forth in Section 3 and the reservation of the easement described in Section 2, Chevron hereby offers for dedication to the City in fee title for public purposes: (1) that certain portion of the Property depicted as “Parcel 2” on Exhibit B and further described on Exhibit C attached hereto (“Dedicated Fee Parcel”), and (2) a non-exclusive perpetual easement over the surface of the northern 5-foot portion of the Property depicted as “Access Easement” on Exhibit B for the use by pedestrians as a pathway to access the Dedicated Fee Parcel (“Dedicated Easement”). For 1 NTD: This will be the date the City Council adopts the proposed ordinance.

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2 greater certainty, it is acknowledged by the City that the Offer of Dedication embraces both the Dedicated Fee Parcel and the Dedicated Easement such that the Dedicated Easement may not be accepted without concurrent acceptance of the Dedicated Fee Parcel.

1.2 If the conditions precedent set forth in Section 3 are satisfied, Chevron will, subject to Section 8.7, promptly execute (such date of execution, the “Transfer Date”), and record in the Official Records of Contra Costa County a Grant Deed (in a form substantially as set forth at Exhibit D) to convey the Dedicated Fee Parcel to the City. If the conditions set forth in Section 3 have not been satisfied within the Acceptance Window, then this Offer of Dedication shall be deemed automatically terminated, null, and void. If this Offer of Dedication is terminated, the City will cooperate with Chevron to execute and record a notice of such termination in a form satisfactory to Chevron in the Official Records of Contra Costa County.

1.3 The City shall not assume any responsibility for the Dedicated Fee Parcel or Dedicated Easement unless and until this Offer of Dedication has been timely accepted by the City in accordance with Section 3.3.

2. RESERVATION OF EASEMENT
The transfer of the Dedicated Fee Parcel to the City shall be subject to the reservation of a nonexclusive perpetual easement for the benefit of the remainder of the Property on, over, under, and across the Dedicated Fee Parcel for Chevron to inspect the remainder of the Property and, as applicable, inspect, repair, maintain, replace, and construct improvements located on the remainder of the Property, including the retaining wall located on the west side of the Property, and perform any Corrective Work in respect of the Dedicated Fee Parcel. This easement shall not include the right to construct any permanent improvements on the Dedicated Fee Parcel, but shall include the right of Chevron to temporarily bring onto the Dedicated Fee Parcel equipment and workers needed for Corrective Work on the Dedicated Fee Parcel and/or for the inspection, repair, maintenance, replacement, and construction of improvements on the remainder of the Property. Except in an emergency scenario, in respect of any maintenance or construction (but not, for greater certainty, visual inspection) Chevron shall use commercially reasonable efforts to coordinate with the City in advance with respect to the timing, duration, and any other applicable logistical matters with respect to Chevron’s use of the easement, so as to seek to reasonably maximize public safety and minimize potential disruption to the City and the public.

3. CONDITIONS TO OFFER OF DEDICATION
The Offer of Dedication is conditioned upon the satisfaction of each of the following:

3.1 Project Approvals. Chevron shall have obtained Final Approval of all entitlements, permits, and other approvals necessary for Chevron to commence work on the Project, including the zoning text amendment (Application No. ZTA-2023-001), commercial use permit (Application No. CUP-2023-001), design review (Application No. DRA-2023- 008), elevated deck permit (Application No. EDP-2023-005), exception permit (Application No. EXC-2023-016) and tree removal permit (Application No. TRP-2023- 004) (collectively, “Entitlement Applications”) requested by Chevron. As used in this Offer of Dedication, “Final Approval” means approval by (i) the City, (ii) or any applicable federal, state, or county government authority other than the City (“Government Authority”) of an action or matter and expiration of any applicable period for any appeal, challenge or referendum relating to the approval of such action or matter, Item G.1
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3 with no appeal, challenge, or referendum having been filed, or if an appeal, challenge or referendum has been filed, such appeal, challenge or referendum has been finally resolved in a manner acceptable to Chevron in its sole discretion.

3.2 Subdivision Map Act. The City acknowledges that as of the Offer Date a lot line adjustment or subdivision parcel map is not required under applicable law for a transfer of the Dedicated Fee Parcel to the City. If there is a change of law in this respect during the Acceptance Window (as defined below), then as a condition of the Offer of Dedication, Chevron shall have obtained Final Approval of a lot line adjustment or subdivision parcel map creating a separate legal parcel consisting of the Dedicated Fee Parcel consistent with the depiction and description of such Dedicate Fee Parcel set forth in Exhibit B and Exhibit C, respectively (“Subdivision”).

3.3 The City’s Timely Notice of Acceptance. The City’s timely acceptance of this Offer of Dedication as evidenced by notice of acceptance, in the form of Exhibit E, delivered by the City to Chevron by the 10th anniversary of the Offer Date (“Acceptance Window”).

4. [RESERVED]

5. STRIPING AND MAINTENANCE OF PEDESTRIAN PATHWAY
Within 60 days after the Transfer Date, Chevron will cause painted striping of the pedestrian pathway for the Dedicated Easement in a manner substantially consistent with the design set forth in the Final Approvals. Thereafter, the City shall be responsible for maintaining, repairing, and replacing such striping, as well as for installing, maintaining, repairing, and replacing any alternative or additional markings or signage as may be required under applicable law or as may be deemed prudent by the City for the safe use of the pedestrian pathway by the public. The City acknowledges that the pathway for the Dedicated Easement would be immediately adjacent to a parcel owned by a third party and in an area used for a vehicle driveway. Chevron shall remain responsible for repair and replacement of the pavement material underlying the pathway at Chevron’s sole expense and will not (expect for inspection, repair, maintenance, replacement, and construction activities as to which Chevron will, except in the event of an emergency, use commercially reasonable efforts to coordinate with the City in advance with respect to the timing, duration, and any other applicable logistical matters with respect to Chevron’s activities, so as to seek to reasonably maximize public safety and minimize potential disruption to the City and the public) make or allow any modifications to the path that would materially interfere with use by the public. If Chevron damages or otherwise alters the surface markings associated with the pathway Chevron shall be responsible for restoring such surface markings. If Chevron does not maintain the pavement underlying the pathway in a safe condition, the City will have the right, but not the obligation, to undertake such maintenance.

6. SITE CONDITIONS

6.1 Environmental Report and Site Inspection.
(A) As part of its due diligence of the Dedicated Fee Parcel, the City represents that it has had a Phase I Environmental Site Assessment conducted by Baseline Environmental Consulting.
(B) As used in this Offer or Dedication, “City Group” means, singularly and collectively, the City and its officials, representatives, officers, managers, Item G.1
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4 employees, independent contractors, consultants, servants and agents, and their respective predecessors and successors in interest and assigns, excluding Chevron Group. At the City’s expense and not subject to reimbursement by Chevron, from the Offer Date through the Transfer Date (unless this Offer of Dedication expires or is terminated in accordance with the terms hereof), at all reasonable times, upon reasonable prior notice to Chevron, but in no event less than 48 hours’ prior notice, and subject to the all requirements and conditions of this Section 6.1(B), City Group shall have the right to inspect the Dedicated Fee Parcel and Dedicated Easement provided that: (1) City Group’s access to the Dedicated Fee Parcel and Dedicated Easement shall not disrupt Chevron’s operations at the Property, and (2) City Group shall not conduct any invasive environmental site investigations or any form of sampling of environmental media (including soil, water, or groundwater).

If City Group’s activities or inspections regarding the Dedicated Fee Parcel and Dedicated Easement result in any personal injury or property damage (including any new condition or exacerbation of an existing condition) in respect of the Dedicated Fee Parcel, Dedicated Easement, or other property nearby, any Claims incurred by Chevron Group as a result thereof will be subject to the City’s obligations under Section 10.2.

6.2 As-Is Terms. THE CITY AGREES THAT THE DEDICATED FEE PARCEL AND

DEDICATED EASEMENT ARE TO BE CONVEYED TO AND ACCEPTED BY THE CITY “AS IS” AND “WHERE IS,” WITH ALL FAULTS, IF ANY, INCLUDING THE

ENVIRONMENTAL CONDITION OF THE DEDICATED FEE PARCEL, AND,

EXCEPT AS SET FORTH IN THIS OFFER OF DEDICATION, CHEVRON DOES

HEREBY DISCLAIM ANY AND ALL WARRANTIES, AND MAKES NO

REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND

TO THE CITY, INCLUDING WARRANTIES RELATING TO (A) THE PHYSICAL

CONDITION OF THE DEDICATED FEE PARCEL AND DEDICATED EASEMENT,

IF ANY, (B) THE SUITABILITY, HABITABILITY, MERCHANTABILITY, OR

DESIGN OF THE DEDICATED FEE PARCEL AND DEDICATED EASEMENT FOR

A PARTICULAR PURPOSE, (C) THE ENVIRONMENTAL CONDITION OF THE

DEDICATED FEE PARCEL AND DEDICATED EASEMENT AND THE PRESENCE

OR ABSENCE OF HAZARDOUS MATERIALS, (D) ACCESS TO THE DEDICATED

FEE PARCEL AND DEDICATED EASEMENT, (E) THE AVAILABILITY OF

UTILITIES TO DEVELOP THE DEDICATED FEE PARCEL AND DEDICATED

EASEMENT, (F) THE COMPLIANCE OF THE DEDICATED FEE PARCEL AND

DEDICATED EASEMENT WITH LAWS AND REGULATIONS, INCLUDING

WITHOUT LIMITATION, ENVIRONMENTAL LAW AND (G) THE SOIL

CONDITIONS, DRAINAGE, FLOODING CHARACTERISTICS, UTILITIES OR

OTHER CONDITIONS EXISTING IN, ON, OR UNDER THE DEDICATED FEE PARCEL AND DEDICATED EASEMENT. THE CITY ACKNOWLEDGES THAT

CHEVRON MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES OR

REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS OF

ANY INFORMATION RECEIVED FROM CHEVRON OR ITS REPRESENTATIVES WITH RESPECT TO THE DEDICATED FEE PARCEL OR DEDICATED EASEMENT.

6.3 Discovery of Contamination.
(A) As used in this Offer of Dedication, “Covered Contamination” means petroleum hydrocarbon, hydraulic lift fluid, and motor vehicle fuel additive contamination that: (1) originated prior to the Transfer Date from Chevron’s or its predecessor Item G.1
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5 entities’ operations and activities on the Property; and (2) must be remediated as a result of a Government Authority ordered or effectuated remediation directive, order or request on the Dedicated Fee Parcel pursuant to applicable federal or state laws and regulations in effect on the Transfer Date. Covered Contamination does not include, and Chevron is not responsible for, any contaminants, hazardous substances, pollutants, or other materials released at, on, under or coming onto or under the Dedicated Fee Parcel from any other cause.
(B) If the City discovers in or on the Dedicated Fee Parcel what it believes to be Covered Contamination, then the City agrees to all of the following immediately upon such discovery: (A) the City will immediately stop all activities on the affected area of the Dedicated Fee Parcel, including any construction activities; (B) the City will immediately notify Chevron of the discovery; (C) the City will allow Chevron to view, inspect, test, and document the alleged Covered Contamination, at Chevron’s option; (D) the City will suspend its activities on the affected area of the Dedicated Fee Parcel until Chevron has completed its inspection, testing and, if necessary, Corrective Work (as defined in Section 8.1 below).

7. INDEMNIFICATION BY CHEVRON

7.1 As used in this Offer of Dedication: (A) “Claim” means all claims, lawsuits, proceedings, actions, demands, legal or administrative orders, governmental directives, liabilities, obligations, damages, damages, punitive damages, losses, costs, liabilities and expenses, whether known or unknown, liquidated or contingent, penalties, fines, costs, and expenses, including fees and disbursements incurred in connection with any Claim by and for attorneys, experts, and consultants, losses, injury, property damage, death or injury of any Person, emissions, discharges, releases or threatened releases, or the presence, generation, manufacturing, processing, distribution, use, treatment, storage, disposal, transport, labeling, advertising, sale, display or handling, of hazardous materials; and (B) “Person” means an individual, corporation, company, association, partnership, state, statutory corporation, governmental body, entity or agency, or any other legal entity.

7.2 From and after the Transfer Date, Chevron will defend, indemnify, and hold harmless (“Chevron Indemnification”) the City from and against all third party Claims received or incurred by the City to the extent arising from any Covered Contamination; provided, however, that the City shall not be entitled to indemnification to the extent that (1) Claims are exacerbated or increased by any act or omission of the City or any other Person after the Transfer Date, (2) the asserted right to indemnification arises from a third party Claim and the City has failed to provide Chevron with the notice required under Section 8.5; or (3) the asserted right to indemnification covers any category of damages, expenses, or losses excluded under Section 9. The Chevron Indemnification will also be deemed to run to subsequent owners and occupiers of the Dedicated Fee Parcel to the extent the City remains responsible to such subsequent owners and occupiers of the Dedicated Fee Parcel for such third party Claims incurred as a result of a governmentally ordered or effectuated remediation provided that the City causes such subsequent owners and occupiers of the Dedicated Fee Parcel to agree to and assume in writing all of the City’s covenants and obligations under Section 10. The following Persons are not third parties for the purpose of the Chevron Indemnification: (1) past, present, or future occupants, tenants, or owners, of the Property or Dedicated Fee Parcel, (2) any Person benefitting from the Chevron Indemnification, and (3) City Group. For greater certainty, it is acknowledged that from Item G.1
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6 and after the Transfer Date, all Claims suffered by either Party to the extent arising from any environmental condition or any other event, condition or matter in respect of the Dedicated Fee Parcel, regardless of when the event, condition or matter occurred, other than Covered Contamination shall be subject to City Group’s release of Chevron Group under Section 10.1 and indemnification by City Group under Section 10.2.

7.3 From and after the Transfer Date, Chevron will defend, indemnify, and hold harmless City Group from all Claims received or incurred by City Group or any of them, including as a result of injury to or death of any Person, damage to or destruction of any property (including that of Chevron Group), or other liability (excepting such Claims arising from Covered Contamination subject to the Chevron Indemnification under Section 7.2) arising from or in connection with Chevron Group’s ownership, use, or occupancy of the easement over the Dedicated Fee Parcel as described in Section 2. These obligations will apply regardless of whether or not City Group was or is asserted to be passively, concurrently or actively negligent, and regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on, one or more member of City Group; provided, however, these obligations will not apply to the extent such loss, damage, injury, liability, or claim is the result of the sole negligence or willful misconduct of City Group and is not contributed to by any act of, or by an omission to perform some duty imposed by law or contract on Chevron Group.

8. CORRECTIVE WORK BY CHEVRON

8.1 As used in this Offer of Dedication, “Corrective Work” means any investigation, reporting, or remediation that is required to be taken under applicable Government Authority order or directive with respect to Covered Contamination, including any investigation, reporting, or remediation to the extent such investigation, reporting, or remediation arises from Covered Contamination. Corrective Work may include: (A) installation, maintenance, inspection, replacement, periodic sampling, use, and abandonment of borings and monitoring wells; (B) installation, maintenance, inspection, replacement, use, removal, and abandonment of remediation or recovery systems and associated equipment (subsurface equipment may be legally abandoned in place); (C) any restoration work; and (D) other work that Chevron or the applicable Government Authority deems necessary to address Covered Contamination.

8.2 From and after the Transfer Date, Chevron will be responsible for and have the right to control the performance of any Corrective Work and any proceedings and other responsive actions arising from such Covered Contamination. The City will cooperate with Chevron in such matters, including, if necessary, the execution of additional documents to obtain any applicable permits or approvals to install, abandon, or remove Chevron Group equipment associated with Corrective Work.

8.3 With respect to Corrective Work, Chevron will be deemed to have satisfied its obligations to remediate any Covered Contamination if Chevron remediates such Covered Contamination to the extent required by applicable federal, state, or county laws and/or regulations or to the satisfaction of the applicable Government Authority.

8.4 Chevron has the right to challenge any directive, order, or request and to not assume responsibility for, or perform, any Corrective Work if Chevron considers that the contamination that is the subject of the directive, order, or request does not meet the definition of Covered Contamination under this Offer of Dedication.

Item G.1
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7 8.5 The City will promptly provide Chevron with copies of all correspondence, notices, reports, laboratory test results, and any other related non-privileged documentation related to the potential existence of Covered Contamination. Chevron must be afforded the opportunity to participate in any meetings or conference calls between the City and any applicable third party government agency.

8.6 Notwithstanding any provision or interpretation of this Offer of Dedication to the contrary, after the Transfer Date if a material spill, leak, or other release of hydrocarbons or other environmental contamination of whatever description or character occurs at or onto the Dedicated Fee Parcel while Chevron is engaged in Corrective Work, and the spill, leak, or other release is unrelated to Chevron’s operations at the remainder of the Property and is not due to any negligence or other wrongful conduct by Chevron in conducting any Corrective Work, then (1) Chevron will have no further responsibility to the City with regard to the correction of Covered Contamination at the Dedicated Fee Parcel; (2) Chevron’s Indemnification obligations under Section 7.2 will end; and (3) any Claim incurred by Chevron Group as a result thereof will be subject to indemnification by City Group under Section 10.2. A spill, leak or other release will be deemed material for purposes of this Section 8.6 if it could make any Corrective Work relating to Covered Contamination significantly more costly or difficult or could significantly increase the time required to complete any Corrective Work which Chevron would otherwise have been required to perform. Any remediation work required with regard to any such subsequent spill, leak, or other release, whether or not considered material, will be the responsibility solely of the City. From and after the Transfer Date, the City must notify Chevron promptly of any known or suspected spill, leak, or other release of environmental contamination occurring at or onto the Dedicated Fee Parcel after the Transfer Date, regardless of whether or not considered material.

8.7 If before the Transfer Date, Chevron receives information that indicates that Covered Contamination is present at, on, or under the Dedicated Fee Parcel, then at any time before the Transfer Date, notwithstanding the City’s prior acceptance of this Offer of Dedication, Chevron will have the right and option, in its sole discretion, to delay the transfer of the Dedicated Fee Parcel to complete Corrective Work to the extent required by the applicable Government Authority, with completion of such Corrective Work action being to the satisfaction of the applicable Government Authority.

9. LIMITATIONS ON LIABILITY

9.1 Chevron shall not be liable to the City for, and the Chevron Indemnification obligations under this Offer of Dedication do not apply to, any of the following Claims, which the City waives and releases: Claims that are attributable to or arise from exacerbation of Covered Contamination resulting from construction on the Dedicated Fee Parcel that involve subsurface excavation, soil movement, or special handling, treatment, or disposal of water by any Person other than any member of Chevron Group. The limitations in this Section

9.1 apply to damages arising out of this Offer of Dedication, whether such Claims are made in connection with an asserted Chevron Indemnification, a breach of any obligation under this Offer of Dedication, or any other Claim.

9.2 Each Party agrees that no matter what forum is used, any recovery arising out of this Offer of Dedication, whether such Claims are made in connection with a breach of any obligation under this Offer of Dedication or any other Claim shall be limited to compensatory Item G.1
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8 damages, and no award or decision shall include any damages for delays, loss of business, diminution in value, punitive, exemplary, incidental, consequential, or any other type of special damages, with the foregoing Claims for damages mutually waived and released to the fullest extent permitted by applicable law; provided, however, that the foregoing limitations, waiver, and release shall not apply to damages in respect of indemnification for third party Claims.

10. RELEASE AND INDEMNIFICATION BY THE CITY

10.1 City’s Release. To the maximum extent permitted by law, the City for itself and all members of City Group hereby releases, remises, acquits and forever discharges Chevron and its affiliates, and each of their respective members, managers, directors, officers, shareholders, partners, employees, agents, representatives, and their respective successors and assigns (singularly and collectively, “Chevron Group”), from and against any and all Claims which City Group has or may have in the future arising from or in any way relating to the following (except as otherwise expressly provided in this Offer of Dedication regarding Covered Contamination): (1) the completeness or accuracy of any and all materials, data and information regarding the Dedicated Fee Parcel; (2) the physical condition of the Dedicated Fee Parcel; (3) the existence, presence, release, discharge, or migration of any contamination, hazardous substances, or pollutants on, under, through or about the Dedicated Fee Parcel or any offsite location; (4) the violations of any applicable statutes or laws with regard to the Dedicated Fee Parcel, including any environmental laws; and (5) any and all other matters regarding the Dedicated Fee Parcel, in each case whether existing prior to or after the Transfer Date. The City hereby expressly waives any and all rights the City may have under Section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.
________________ ____________________
CHEVRON’S INITIALS CITY’S INITIALS

THE CITY EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL

RIGHTS AND BENEFITS IT (OR ANY MEMBER OF CITY GROUP) HAVE

UNDER ANY FEDERAL, STATE, OR COUNTY STATUTE AND/OR ANY

COMMON LAW WHICH PROVIDES RIGHTS AND BENEFITS IN ANY WAY

SIMILAR TO THOSE PROVIDED IN CALIFORNIA CIVIL CODE
SECTION 1542. THE RELEASE AND INDEMNITY PROVISIONS SET FORTH

IN THIS SECTION ARE, TO THE EXTENT LEGALLY PERMISSIBLE,

COVENANTS RUNNING WITH THE LAND AND ARE BINDING ON ALL
FUTURE OWNERS OF THE DEDICATED FEE PARCEL. ANY CONVEYANCE,

TRANSFER OR ASSIGNMENT OF ALL OR PART OF THE DEDICATED FEE

PARCEL BY THE CITY, ITS SUCCESSORS OR ASSIGNS, IN WHICH THE

GRANTEE, TRANSFEREE OR ASSIGNEE FAILS TO EXPRESSLY ASSUME Item G.1
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9 THE OBLIGATIONS OF THE CITY UNDER THIS SECTION WILL BE DEEMED NULL AND VOID, AB INITIO.

10.2 City’s Indemnification. The City will defend, indemnify, and hold harmless Chevron Group from all Claims received or incurred by Chevron Group or any of them, including as a result of injury to or death of any Person, damage to or destruction of any property (including that of City Group), or other liability (excepting such Claims arising from Covered Contamination subject to the Chevron Indemnification under Section 7.2 or subject to indemnification under Section 7.3) arising from or in connection with City Group’s ownership, use, or occupancy, including use by the public, of the Dedicated Fee Parcel or Dedicated Easement after the Transfer Date. These obligations will apply regardless of whether or not Chevron Group was or is asserted to be passively, concurrently or actively negligent, and regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on, one or more member of Chevron Group; provided, however, these obligations will not apply to the extent such loss, damage, injury, liability, or claim is the result of the sole negligence or willful misconduct of Chevron Group and is not contributed to by any act of, or by an omission to perform some duty imposed by law or contract on City Group.

10.3 Chevron Not Liable. For greater certainty, except as to the specific protections regarding Covered Contamination matters set forth in Section 7.2 and Section 8 and the indemnity described in Section 7.3, Chevron Group will not be liable to the City or any other Person for any of the following with regard to any matters involving or related to the transaction contemplated by this Offer of Dedication: (1) for any Claims of any kind beyond direct out of pocket costs; (2) for any consequential damages or other indirect or special losses and expenses, including, but not limited to, lost profits and gains; indirect, special, incidental, consequential, punitive, and exemplary damages, construction or business delays; loss of business; diminution in the value of the Property or any other property; lost opportunities; opportunity costs; or loss of goodwill by the City; (3) for any Claims described in Chevron’s indemnity regarding Covered Contamination that are attributable to or arise from construction on the Dedicated Fee Parcel following the Transfer Date including that which involves subsurface excavation, soil movement, and/or handling, treatment or disposal of groundwater; and (4) to the extent the City has the obligation to indemnify, defend or hold harmless Chevron Group from any Claims relating to Covered Contamination as provided under any future agreement between the City and Chevron Group.

11. SUBSEQUENT CONVEYANCE
It is acknowledged and agreed that Chevron would not have entered into this Offer of Dedication without the City’s agreement to use the Dedicated Fee Parcel for public purposes, and therefore, the City agrees that it will not directly or indirectly sell, assign, transfer or otherwise convey (each, a “Conveyance”) any interest in the Dedicated Fee Parcel, alone or as part of a larger group of assets, to any Person without the prior express written consent of Chevron, which consent may be provided or withheld in Chevron’s sole discretion. Without limiting the terms of the foregoing sentence, if the City receives, and desires to accept, a bona fide written offer (“Offer”) from a third party for Conveyance of the Dedicated Fee Parcel or if the City makes such an Offer, which Offer contains all of the monetary and material non-monetary terms of the proposed Conveyance, then the City shall promptly deliver such Offer to Chevron. Chevron shall have the right to acquire the interest of the City at the price and on the terms set forth in the Offer, excluding any non-cash consideration or non-customary terms (“Right of First Refusal”) by delivering written notice to Item G.1
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10 the City of its election to exercise its Right of First Refusal within 45 days after Chevron’s receipt of the Offer. If Chevron exercises its Right of First Refusal, then the transaction will be consummated within 90 days after Chevron delivers its notice of exercise to the City, or at such later date as may be specified in the Offer that was presented to Chevron.

12. GENERAL PROVISIONS

12.1 Notices. All notices required or permitted under this Offer of Dedication must be in writing and delivered by a nationally recognized courier, email, or hand delivery to the address of the Party receiving the notice as indicated below or at such other address as may be designated by such Party by notice as provided herein. In addition, the Parties may designate other Persons to whom routine communications may be directed including via email, with a view to facilitating mutual and expeditious performance by the Parties hereunder. If a Party gives notice by email, the email must clearly and prominently state that it is an effective notice given under this Offer of Dedication. Notices are effective when received by the recipient during the recipient’s regular business hours. Notices that do not comply with the requirements of this Offer of Dedication are ineffective and do not impart actual or any other kind of notice.

If to Chevron:

Chevron U.S.A. Inc.
5001 Executive Parkway, Suite 200
San Ramon, CA 94583
Attn: Downstream, Midstream &
Chemicals Law
Email: [email protected]
If to the City:

City of Orinda
22 Orinda Way
Orinda, CA 94563
Attn: City Manager
Email: [email protected]

12.2 Governing Law. This Offer of Dedication and all matters arising from or relating to this Offer of Dedication shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law rules except that the substantive and procedural rules of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“Act”) govern Section

12.4. 12.3 Interpretation. The words “this Offer of Dedication,” “herein,” “hereby,” “hereunder” and “hereof,” and words of similar import, refer to this Offer of Dedication as a whole and not to any particular Section or Subsection unless expressly so limited. Captions and headings are for convenience only and are not intended for interpreting this Offer of Dedication. Unless otherwise indicated, Section references are to the Sections of this Offer of Dedication. When the word “including” (in its various forms) is used, it shall mean “including, without limitation” regardless of whether such additional words are used.

When the word “sole” is used in respect of a decision, it shall mean “sole and unfettered discretion” regardless of whether such additional words are used. This Offer of Dedication was prepared and negotiated by both Parties, and both Parties had the opportunity to be represented by counsel in the drafting and negotiation of this Offer of Dedication, which will be interpreted neutrally and not in favor of, nor against, any Party. Words, terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Exhibits referred to herein are attached hereto and by this reference incorporated herein for all purposes.

12.4 Resolution of Disputes.

Item G.1
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11 (A) If any dispute arises out of this Offer of Dedication and if the dispute cannot be resolved by direct negotiations, either Party may initiate mediation by giving notice to the others and identifying, in writing and in detail, the issues in dispute, the value of the Claim, and all key documents in support of the Claim. If the Parties fail to resolve the dispute within 60 days from notice of mediation, either Party may initiate binding arbitration in accordance with this Section 12.4(A). The place of arbitration will be San Francisco, California. One arbitrator (or 3 arbitrators if the monetary value of the dispute is more than $5,000,000, or if there is a dispute whether the monetary value exceeds the $5,000,000) will conduct the arbitral proceedings in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules. To the extent of any conflicts between the Act or CPR Rules or the provisions of this Offer of Dedication, the provisions of this Offer of Dedication prevail. The CPR is the appointing authority. The arbitration award is final and binding.
(B) The Parties waive irrevocably their right to any form of appeal, review, or recourse to any court or other judicial authority under any applicable law, except for proceedings to (1) preserve property or seek injunctive relief, or (2) to resolve any disputes relating to or in connection with the enforceability of the arbitration provisions of this Offer of Dedication or to enforce an award under this Section 12.4, which may be brought in any court of competent jurisdiction. (C) In any dispute, each Party shall bear the fees and the costs of its own attorneys, representatives, and witnesses. All other costs for an arbitration, including the arbitrator’s fee, recording and transcription fees, shall be split evenly by the Parties.

12.5 Time of Essence. With regard to all dates and time periods set forth or referred to in this Offer of Dedication, time is of the essence. In the computation of any period of time provided for in this Offer of Dedication or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday or legal holiday, in which case the period shall be deemed to run until the end of the next day which is not a Saturday, Sunday or legal holiday.

12.6 Entirety of Agreement; Amendment. This Offer of Dedication comprises the complete and exclusive agreement between the Parties concerning the Offer of Dedication and supersedes all oral and written communications, negotiations, representations, and agreements in relation to that subject matter herein. This Offer of Dedication shall not be binding unless executed and delivered by both Parties, and no modifications, amendments, or supplements to this Offer of Dedication shall be valid and binding unless set forth in a written agreement executed and delivered by both Parties.

12.7 Certain Expenses. For greater certainty, it is agreed that the terms of the Reimbursement Agreement between the Parties, dated May 2, 2019, shall apply to the City’s costs in connection with its review of this Offer of Dedication (and its processing of any application for the Subdivision or Lot Line Adjustment if subsequently required by applicable law), but is otherwise automatically terminated as of the Offer Date, subject to survival of the Reimbursement Agreement as necessary to allow for the orderly processing and payment by Chevron of the City’s pre-termination cost charges and, as applicable refunds, in accordance with the terms of the Reimbursement Agreement.

Item G.1
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12 12.8 Taxes. As used in this Offer of Dedication, “Property Taxes” means all real property, personal property, ad valorem taxes, and any other similar taxes, as well as all special and general assessments of any kind imposed, levied or assessed on or against the Dedicated Fee Parcel. All Property Taxes payable during the year in which the transfer of the Dedicated Fee Parcel to the City occurs will be prorated with respect to the Dedicated Fee Parcel as of the Transfer Date, with Chevron being responsible for Property Taxes accruing prior to the Transfer Date and the City being responsible for Property Taxes attributable to the period from and after the Transfer Date. Notwithstanding anything in this Section 12.8 to the contrary, in no event will Chevron be responsible for any Property Taxes relating to any period in which Chevron did not own the Dedicated Fee Parcel. Subject to the immediately preceding sentence, if the Transfer Date occurs before the actual Property Taxes payable during such year are known, the apportionment of Property Taxes will be upon the basis of Property Taxes for the Dedicated Fee Parcel payable during the immediately preceding year. If, as the result of an appeal of the assessed valuation of the Dedicated Fee Parcel for any Property Tax year prior to (or including) the year of the Transfer Date, there is issued after the Transfer Date an administrative ruling, judicial decision or settlement by which the assessed value of the Dedicated Fee Parcel for such Property Tax year is reduced, and a Property Tax refund or credit issued, Chevron will be entitled to all such Property Tax refunds relating to the period prior to the Transfer Date.

No post-closing re-prorations will occur. Notwithstanding any contrary provision of this Offer of Dedication, the City will pay when due all Property Taxes for the change in the use of the Dedicated Fee Parcel (including any rollback Property Taxes), regardless of the period for which they were assessed, and will further indemnify, defend and hold harmless Chevron Group from any Claim made or incurred relating to or arising out of any change in use of the Dedicated Fee Parcel.

12.9 Conflict of Interest. In connection with this Offer of Dedication, no City Group member (A) has entered or will enter into any business arrangement with any director, employee, or agent of Chevron, or any of its affiliates (other than as a representative of the City) without Chevron’s prior written consent or (B) given to or received from any director, employee, or agent of Chevron or any of its affiliates anything that is more than a nominal cost or value. The City shall ensure that City Group members comply with this Section

12.9. 12.10 Further Assurances. The Parties hereby covenant that they will execute, acknowledge, and deliver any and all such other and further acts, deeds, assignments, transfers, conveyances, confirmations, powers of attorney, and any instruments of further assurance, approvals and consents as may reasonably require in order to complete, ensure and perfect the conveyance to the City of all the right, title and interest to be conveyed pursuant to this Offer of Dedication.

12.11 Irrevocable. Except as expressly set forth in this Offer of Dedication, the Offer of Dedication shall be irrevocable and binding on Chevron and its successors and assigns. [Remainder of Page Intentionally Left Blank; Signatures Follow] Item G.1
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Chevron Signature Page to Offer of Dedication
The Parties have executed this Offer of Dedication as evidenced by the following signatures of authorized representatives of the Parties.

CHEVRON U.S.A. INC.

By: __________________________
Name: ________________________
Title: _________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Item G.1
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City Signature Page to Offer of Dedication

CITY OF ORINDA,
a California municipal corporation
By: ________________________
Name: _____________________
Title: ______________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Item G.1
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Exhibit A

EXHIBIT A
(Legal Description of Property)
Real property in the City of Orinda, County of Contra Costa, State of California, described as follows:

PORTION OF LOT 1 OF RANCH EL SOBRANTE, AS SAID LOT IS DELINEATED AND SO

DESIGNATED UPON THE MAP OF RANCHO EL SOBRANTE ACCOMPANYING AND FORMING

A PART OF THE FINAL REPORT OF THE REFEREES IN PARTITION OF SAID RANCHO, A

CERTIFIED COPY OF WHICH SAID MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, CALIFORNIA, ON THE 14TH DAY OF MARCH, 1910, AND PORTION OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 3 WEST, MT. DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE OF THE

SAN PABLO CREEK HIGHWAY, AS SAID LINE IS DESCRIBED IN THAT CERTAIN GRANT OF

RIGHT OF WAY FROM EAST BAY MUNICIPAL UTILITY DISTRICT TO COUNTY OF CONTRA COSTA, DATED AUGUST 11, 1939, AND RECORDED AUGUST 23, 1939, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CONTRA COSTA COUNTY, IN VOLUME 518 OF OFFICIAL RECORDS AT PAGE 94, WITH THE CENTER LINE OF THE 50-FOOT STRIP OF LAND DESCRIBED AS PARCEL 2 IN THE DEED FROM THE EAST BAY MUNICIPAL UTILITY

DISTRICT TO THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, DATED MARCH 28, 1952, AND RECORDED APRIL 28, 1952, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CONTRA COSTA COUNTY, IN VOLUME 1925 OF OFFICIAL RECORDS AT PAGE 93;

THENCE ALONG THE DIRECT EXTENSION SOUTHWESTERLY OF THE CENTER LINE OF SAID 50-FOOT STRIP, SOUTH 47° 21' 59" WEST, 80 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID SAN PABLO CREEK HIGHWAY (518 OR 94) AND WHICH SAID POINT IS THE

TRUE POINT OF BEGINNING OF THIS DESCRIPTION, AND IS ALSO HEREIN DESIGNATED AS STATION "A"; THENCE CONTINUING SOUTH 47° 21' 59" WEST, 139.62 FEET TO A POINT IN THE CENTER LINE OF SAN PABLO CREEK, AS SAID CREEK NOW EXISTS; THENCE ALONG SAID CENTER LINE NORTH 46° 14' 20" WEST, 92.41 FEET, NORTH 63° 38' 00" WEST, 169.00 FEET; THENCE LEAVING SAID CENTER Line NORTH 47° 21' 59" EAST, 206.00 FEET TO A POINT ON THE SAID SOUTHWESTERN LINE OF SAN PABLO CREEK HIGHWAY (518 OR 94); THENCE ALONG LAST SAID LINE SOUTH 42° 38' 01" EAST, 250.00 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL WATER RIGHTS IN, UPON OR PERTAINING TO THE LAND

INCLUDING RIPARIAN RIGHTS AND ALL RIGHTS WHATSOEVER TO SURFACE

UNDERGROUND OR PERCOLATING WATERS ALONG WITH ADDITIONAL WATER RIGHTS

AS DEFINED IN THE DEED FROM EAST BAY MUNICIPAL UTILITY DISTRICT, A PUBLIC CORPORATION, RECORDED AUGUST 19, 1954 IN BOOK 2367, PAGE 441, OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THOSE RIGHTS AS DEFINED IN THE DEED FROM EAST BAY MUNICIPAL UTILITY DISTRICT, A PUBLIC CORPORATION, RECORDED AUGUST 19, 1954 IN BOOK 2367, PAGE 441 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

AN UNDIVIDED 1/2 INTEREST IN AND TO ALL MINERALS, OIL, OTHER HYDROCARBONS,

GAS AND ALL ASSOCIATED SUBSTANCES EXISTING IN OR ON SAID REAL PROPERTY CONVEYED BUT WITHOUT THE RIGHT OF ENTRY UPON THE LAND.

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Exhibit A

ALSO EXCEPTING THEREFROM THOSE RIGHTS AS DEFINED IN THE DEED FROM STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION, RECORDED MARCH 16, 1960 IN BOOK 3577, PAGE 509 OFFICIAL RECORDS DESCRIBED AS FOLLOWS:

EXCEPTING UNTO GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OF ITS RIGHT, TITLE

AND INTEREST IN AND TO OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND ALL

ASSOCIATED SUBSTANCES AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN

SPECIFIED OR NOT, WITHIN OR UNDERLYING OR THAT MAY BE PRODUCED FROM SAID LAND. ALSO EXCEPTING UNTO GRANTOR, ITS SUCCESSORS AND ASSIGNS THE SOLE AND

EXCLUSIVE RIGHT TO DRILL SLANTED WELLS FROM ADJACENT LANDS INTO AND THROUGH THE SUBSURFACE OF SAID LAND.

ALSO EXCEPTING THEREFROM THOSE PORTIONS OF LAND AS CONVEYED BY GRANT DEED RECORDED MARCH 16, 1960, BOOK 3577, PAGE 509 AND APRIL 5, 1967, BOOK 5340, PAGE 52, CONTRA COSTA COUNTY RECORDS.

APN: 265-170-029-2
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Exhibit B

EXHIBIT B
(Depiction)
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Exhibit C

EXHIBIT C
(Legal Description of Dedicated Fee Parcel)
Real property in the City of Orinda, County of Contra Costa, State of California, described as follows:

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1926934.1

EXHIBIT D
(Form of Grant Deed)
[Attached]
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1926934.1

RECORDING REQUESTED BY
[To be inserted]

WHEN RECORDED MAIL TO AND
MAIL TAX STATEMENTS TO:
[To be inserted]
No Fee Document
Recorded for the Benefit of the City
of Orinda Pursuant to Government
Code Section 6103
No Parcel Map Requirement Pursuant to
Government Code Section 66428(a)(2)

GRANT DEED
The Undersigned Grantor(s) Declare(s):

NO TRANSFER TAX DUE
Revenue & Tax Code Section 11922
Tax Parcel No.: See Exhibit A
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Chevron U.S.A. Inc., a Pennsylvania corporation (“Grantor”), hereby GRANTS to the City of Orinda, a California municipal corporation (“Grantee”), the following real property located in the City of Orinda, County of Contra Costa, State of California (“Property”):

See Exhibit A attached hereto and made a part hereof.

Such grant of the Property to Grantee is hereby expressly made subject to the covenants and obligations set forth in that certain Offer of Dedication and Agreement recorded on [●] as Document No. [●].

IN WITNESS WHEREOF, the parties hereto have caused this Grant Deed to be executed as of the ___ day of ____________, 20__.

CHEVRON U.S.A. INC.

By:

Name:

Title:

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1926934.1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of )
County of _______________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
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Exhibit D
EXHIBIT “A” TO GRANT DEED
Real property in the City of Orinda, County of Contra Costa, State of California, described as follows:

APN: [To be inserted]
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Exhibit E

EXHIBIT E
(Form of Certificate of Acceptance)
[Attached]
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Exhibit E

CERTIFICATE OF ACCEPTANCE
This is to certify that the City of Orinda is hereby accepts the Offer of Dedication set forth in that certain Offer of Dedication and Agreement recorded on [●] as Document No. [●], pursuant to the authority conferred by Orinda City Council Resolution No. [●], dated [●].

CITY OF ORINDA,
a California municipal corporation
By: ________________________
Name: _____________________
Title: ______________________
Date: ______________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
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388 17th Street, Suite 230
Oakland, CA 94612

PHASE I ENVIRONMENTAL

SITE ASSESSMENT
SEPTEMBER 4, 2025
11 ORINDA WAY

ORINDA, CALIFORNIA
For:

City of Orinda
Orinda, California
23312-00
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388 17th Street, Suite 230, Oakland, CA 94612 | (510) 420-8686 | www.baseline-env.com Mailing Address: PO Box 18586, Oakland, CA 94619
September 5, 2025
23312-00
Darin Hughes
Associate Planner, City of Orinda
22 Orinda Way
Orinda CA 94563
Subject: Phase I Environmental Site Assessment for 11 Orinda Way, Orinda, California Dear Mr. Hughes:

At your request, Baseline Environmental Consulting (Baseline) has prepared this Phase I Environmental Site Assessment (ESA) Report for the western portion of the property at 11 Orinda Way in Orinda located adjacent to San Pablo Creek (Site). The Site is currently being used as a Chevron gas station, and the City of Orinda is considering accepting the dedication of the Site to the City (proposed project). The purpose of this Phase I ESA was to identify environmental conditions that could adversely affect the chemical quality of soil or groundwater at the Site, including Recognized Environmental Conditions (RECs), as defined by ASTM E1527-21, and other environmental concerns. If you have any questions or comments, please contact us at your convenience.

Sincerely,

Patrick Sutton Johnathan Rizzo-Mosbaugh
Principal Environmental Engineer Staff Environmental Scientist Item G.1
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iii
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TABLE OF CONTENTS

1. Introduction ............................................................................................................................ 1

2. Physical Setting ....................................................................................................................... 1

3. Historical Land Uses................................................................................................................ 2

4. Site Reconaissance.................................................................................................................. 5

5. Environmental Records........................................................................................................... 6

6. User-Provided Information ..................................................................................................... 9

7. Interviews ............................................................................................................................... 9

8. ASTM E1527-21 Deviations and Data Gaps............................................................................. 9

9. Findings and Conclusions...................................................................................................... 10

10. Recommendations................................................................................................................ 11

11. Limitations ............................................................................................................................ 11

12. Environmental Professional Statement................................................................................. 12

FIGURES
1: Site Location
2: Historical Environmental Features of Concern

APPENDICES
A: Overview of ASTM E1527-21 Terminology
B: Historical Land Use Records
C: Site Photographs
D: Environmental Records
E: User and Owner Provided Information
F: Qualifications of Preparers
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PHASE I ENVIRONMENTAL SITE ASSEMENT
11 Orinda Way
Orinda, California

1. INTRODUCTION
This Phase I Environmental Site Assessment (ESA) was performed by Baseline Environmental Consulting (Baseline) for the western portion of the property at 11 Orinda Way in Orinda located adjacent to San Pablo Creek (Site). The property is identified by Assessor’s Parcel Number 265-170-029-2 (Site parcel) and is currently being used as a Chevron gas station (Figure 1). The City of Orinda is considering accepting the dedication of the Site to the City (proposed project).

The purpose of this Phase I ESA was to identify environmental conditions that could adversely affect the chemical quality of soil or groundwater at the Site, including Recognized Environmental Conditions (RECs), as defined by ASTM E1527-21, and other environmental concerns. In accordance with ASTM E1527-21 and Baseline’s previous experience working on similar projects, these environmental conditions were evaluated based on review of the physical setting, historical land uses, environmental records, and previous environmental investigations, as well as a Site reconnaissance. An overview of the key terminology related to ASTM E1527-21 that was used or considered during the preparation of this Phase I ESA is provided in Appendix A.

2. PHYSICAL SETTING
The Site is located adjacent to San Pablo Creek and Santa Maria Way in a primarily commercial area of the City of Orinda (Figure 1). The Site parcel is currently used as a Chevron gas station.

Vegetation covers the majority of the Site. Other land uses surrounding the Site are commercial with the exception of undeveloped land owned by EBMUD to the southwest.

The Site is located at an elevation of approximately 440 feet relative to the North American Vertical Datum of 1988 (NAVD88).
1 The nearest surface water to the Site is San Pablo Creek, which is located adjacent of the southwestern border of the Site. The topography in the area surrounding the Site generally slopes down towards San Pablo Creek and is primarily hilly terrain. At a property located approximately 90 feet southeast of the Site, the depth to groundwater has been measured to range from approximately 15 to 29 feet below ground surface (bgs) with a groundwater flow direction towards the south or southwest. 2 Based on this
information, the groundwater flow direction in the Site vicinity is presumed to be towards San 1 United State Geological Survey, 2025. TopoView. Accessed March 20th, 2025. https://ngmdb.usgs.gov/topoview/viewer/#18/37.88084/-122.18690 2 Conestoga-Rovers & Associates, 2012. Groundwater Monitoring Report – Third Quarter 2012, Orinda. October 31.

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Pablo Creek; therefore, properties located north and northeast of the Site are considered upgradient from the Site with respect to the groundwater flow direction.

3. HISTORICAL LAND USES
Historical land uses at the Site, Site parcel, and surrounding properties were evaluated to assess potential hazardous materials uses that have potentially affected soil or groundwater quality at the Site. Historical land uses at and adjacent to the Site were determined through review of historical records including topographic maps, Sanborn Maps, city directories, aerial photographs, building permit records, and a search of land title records and activity and use limitations (AULs) which Baseline obtained from Environmental Data Resources, Inc. (EDR). All the historical records reviewed for this Phase I ESA are included in Appendix B. As discussed in Section 6, site survey maps provided by Chevron for the gas station on the Site parcel were also reviewed (Appendix E).

3.1 Site History
Historical land uses for the Site, as well as the overall Site parcel, were primarily identified based on review of aerial photographs, topographic maps, and site survey maps, as summarized in the table below. No Sanborn maps were available for the Site.

Year Land Use Source
1897-1958 The Site and Site parcel appeared to be undeveloped land. TM, AP 1955-1958
The Site was disturbed during the construction of Camino Pablo south of the Site. A gas station was built with four fuel USTs on the northern portion of the Site parcel: a 10,000-gallon tank, 7,500-gallon tank, 500-gallon tank, and 2,000-gallon tank (Figure 2). An L-shaped gas station building that included a fuel dispenser canopy and automotive repair facility with hydraulic lifts was located adjacent to the Site on the northeast portion of the Site parcel (Figure 2). An oil/grease trap appeared to be located in the automotive repair facility with a drain line extending to two dry wells southwest of the building and adjacent to the Site (Figure 2). A floor drain appeared to be located inside the automotive repair facility with a drain line extending to a 500-gallon waste oil UST near the east corner of the automotive repair facility (Figure 2). An exterior sump drain appeared to be located near the south corner of the building adjacent to a trash enclosure with a drain line extending south across the Site to an existing storm drain line that discharged on the Site to San Pablo Creek (Figure 2).

AP, SM
1963
Dark stained soil on the Site appears to be related to drainage from the dry wells and oil/grease trap system identified in the 1955 site survey map (Figure 2). San Pablo Creek was converted to a concrete canal.

AP
1968-1982 Vegetation increased on the Site. No other substantial changes to the Site parcel were observed. AP
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Year Land Use Source
1984-1987
No substantial changes to the Site were observed. The gas station building on the Site parcel was removed and replaced with the current Chevron gas station building and canopy structures. The new gas station building located in the north portion of the Site parcel included an automative repair facility (Figure 2). Four new fuel USTs and a waste oil UST were installed on the north portion of the site.

AP, SM
1988-2020 No substantial changes to the Site or Site parcel were observed. AP Notes: AP = aerial photographs; TM = topographic maps, SM = site survey maps

3.1.1 Land Title Records and AULs Search
Public records of Contra Costa County and the California Department of Toxic Substances Control (DTSC) were searched from January 1, 1980, through March 12, 2025, and no environmental liens or other AULs were identified at the Site (Appendix B). The Historic Chain of Title records indicates that the Site is currently owned by Chevron U.S.A. Incorporated and was granted to Chevron in 1977. No other past ownership of environmental concern was identified for the Site in the Historic Chain of Title records.

3.1.2 Building Permits
Building permit records identified for the Site parcel include multiple permits for tenant improvements from March 1985 to September 1985; two permits relating to the gas station signage in May 1996 and May 1986; an August 1997 permit for a dispenser; a November 1997 permit for an installation of a slab for a tank; an August 2008 permit for installation of a clean air separator along with an Enhanced Vapor Recovery System Phase II upgrade; a March 2010 permit for sign improvements and installation; a May 2014 permit for improvements to sidewalks and pavement; and an August 2014 permit for the replacement of existing fuel dispensers with new dispensers. The permit records related to fuel dispensers and underground storage tanks (USTs) confirm that petroleum products associated with historical gas station activities have been stored and used on the Site parcel (Appendix B).

3.1.3 City Directories
Based on our review of city directories (Appendix B), the business names listed for the Site parcel address of 11 Orinda Way included Chevron from 1975 to 2020 and Hertz Rent a Car in 1975. Both listings are associated with the use and storage of petroleum products. There are no city directory records for the Site parcel prior to 1975.

3.1.4 Site Historical Land Uses Summary
Based on the review of historical land use records discussed above, the past use of the Site parcel as a gas station as early as 1958 to the modern day presents potential environmental concerns on the Site. Prior to the mid-1980s, most gas stations used single-walled steel USTs that were susceptible to corrosion and other failure mechanisms (e.g., seam failures) that often resulted in releases of petroleum products into the subsurface. As shown in Figure 2, at least four fuel USTs and one waste oil UST were installed on the Site parcel prior to 1980 (circa 1955 Item G.1
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to 1958) and there are no apparent records of their removal (see section 5.1). Therefore, potential releases of petroleum hydrocarbons from former USTs may have contaminated groundwater, which could potentially have migrated south/southwest beneath the Site.

The former automotive service facility on the Site parcel had hydraulic lifts installed as early as 1958 (Figure 2). The long history of hydraulic lift operations on the Site parcel may have resulted in leaks of hydraulic oil. In older systems, the hydraulic oil may have contained polychlorinated biphenyls (PCBs). Therefore, potential releases of petroleum hydrocarbons and PCBs from leaking hydraulic lifts may have contaminated groundwater, which could potentially have migrated south/southwest beneath the Site.

In addition, older automotive service facilities often disposed of hazardous wastes such as waste oils, fuels, and solvents directly to unpaved ground surfaces, waste oil tanks, or drainage and sewer systems that were susceptible to leakage into the subsurface. In the 1963 aerial photograph, a dark area that could potentially be stained soil is present that aligns with the drainage outlet of dry wells connected to the former oil/grease trap system (Figure 2). A floor drain within the former automotive service facility discharged directly to a waste oil UST (Figure 2). An exterior drain near the south corner of the former automotive service facility discharged on the Site to San Pablo Creek (Figure 2). The potentially stained soil and drainage features associated with the former gas station indicate the potential presence of a hazardous materials release. Potential releases of petroleum hydrocarbons and/or solvents from the former drainage features may have contaminated soil and/or groundwater on the Site.

3.2 Surrounding Properties History
Historical land uses for properties surrounding the Site parcel were primarily identified based on review of topographic maps and aerial photographs (Appendix B) as summarized in the table below.

Year Land Use Source
1897-1947
A roadway was present in the location of Orinda Way northeast of the Site parcel. The areas surrounding the Site parcel appeared to be undeveloped land.

TM
1947 Two large buildings were built northwest of the Site parcel and the development of smaller structures began in the area. TM 1958
A gas station (currently operated by Shell) was built southeast of and adjacent to the Site parcel across Santa Maria Way. A building was constructed northwest of and adjacent to the Site parcel, which is later identified as a dry cleaner facility as early as 1971 (see Section 5.2). The expansion of roadways and construction of Camino Pablo south of the Site parcel began. San Pablo Creek was buried southeast of the Site.

AP
1963 San Pablo Creek was converted to a concrete canal. AP 1987-2020 No substantial changes to the area surrounding the Site parcel were noted. AP Notes: AP = aerial photographs; TM = topographic maps;
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3.2.1 Building Permits
Baseline reviewed building permit records for 17 Orinda Way, which is the only property that is immediately adjacent to the Site parcel. The property is located northwest of the Site parcel and there were permit records for various building improvements involving roofing, electrical, and gas lines from 1988 to 2017. Additionally, there was one permit record for an estimate to replace an old dry cleaning machine in April of 2010, and one permit to install a new dry cleaning machine using the existing infrastructure in May of 2010. The oldest reference to the dry cleaner was in a gas line permit for the cleaners in September 1999 (Appendix B). However, the review of environmental records under Section 5.2 indicate that the building has operated as a dry cleaning facility as early as 1971. Historically, dry cleaners have used chlorinated solvents such as tetrachloroethylene (PCE), which is highly toxic.

3.2.2 City Directories
Based on our review of city directories (Appendix B), the listings for properties surrounding the Site parcel which had business names suggesting the possible storage of hazardous materials include: the Shell Service Station; Clean Cleaners which was formerly known as Martinizing Cleaners; and Village Cleaners.

3.2.3 Surrounding Properties Historical Land Uses Summary Based on the review of historical land use records discussed above, a dry cleaner facility has been adjacent to the northwest of the Site parcel as early as 1971 (Figure 2). PCE has been used by the dry cleaning industry since the 1940s and was the main dry cleaning solvent used in California from the 1960s until the early 2000s before California legislation required the gradual phase out of PCE from the dry cleaning industry by 2023. When released into the environment, PCE can break down into other highly toxic chemicals such as trichloroethylene and vinyl chloride. Minor spills and leaks of chlorinated solvents from equipment and sewer lines during historical dry-cleaning operations typically result in soil and groundwater contamination.

Therefore, potential releases of chlorinated solvents from historical dry-cleaning operations may have contaminated groundwater, which could potentially have migrated south beneath the Site.

A gas station currently operated by Shell has been adjacent to the southeast of the Site parcel as early as 1958. As discussed above, older gas stations typically have releases of petroleum hydrocarbon from leaking USTs. However, the Shell gas station is downgradient of the Site and, therefore, groundwater contamination from the gas station (if any) would not likely migrate beneath the Site.

4. SITE RECONAISSANCE
A Site reconnaissance was conducted on 11 August 2025 by Johnathan Rizzo-Mosbaugh of Baseline. The reconnaissance of the Site and adjacent properties was conducted to evaluate current land uses and signs of past land uses associated with hazardous materials that could have potentially resulted in a hazards materials release or posed an obvious threat of a release Item G.1
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in the future. Evidence of a hazardous materials releases could include, but is not limited to, observations of surface staining, stressed vegetation, and/or odors. With permission from Chevron personnel, Baseline accessed the adjacent Chevron gas station on the Site parcel to look for evidence of a hazardous materials release that may have affected the Site. Other adjacent properties were observed from the periphery of the Site and by walking along public rights-of-way. Site reconnaissance photographs are included in Appendix C and select features of the Site and the Chevron gas station are identified on Figure 2.

The eastern edge of the Site is adjacent to a large retaining wall; past the wall is the Chevron gas station and former automotive repair facility (Photo C1). The Site is generally undeveloped except for a fence that follows San Pablo Creek (Photo C2). The terrain at the Site is steep and increases on the southern portion of the Site. There was no indication of hazardous materials releases or storage on the Site.

Evidence of a former hydraulic lift was observed in the western portion of the gas station building (Photo C5), which is no longer used for automotive repair but for general storage (Figure 2). If there was a release of petroleum hydrocarbons and/or PCBs from a leaking hydraulic lift it may have contaminated groundwater, which could potentially have migrated south beneath the Site.

5. ENVIRONMENTAL RECORDS
Baseline reviewed environmental records of properties that have used and/or released hazardous materials into the environment to identify potential sources of subsurface contamination that could adversely affect the chemical quality of soil or groundwater at the Site. In accordance with ASTM E1527-21, environmental records related to the use of hazardous materials (e.g., generation, storage, disposal) were only reviewed for properties located at or adjacent to the Site. In addition, environmental records related to the release of hazardous materials were reviewed for properties located within up to 1 mile of the Site as specific in the ASTM Standard.

Baseline retained EDR,3 a third-party vendor specializing in the retrieval of environmental records, to conduct a search of environmental records from federal, state, and local databases pertaining to properties that have used and/or released hazardous materials within the minimum search distances specified in the ASTM Standard (Appendix D). In addition to the ASTM requirements, EDR identified properties within one-eighth mile of the Site that are listed in their proprietary Historic Auto and Historic Cleaners databases, which include potential gas stations/auto repair facilities and dry cleaners EDR has identified using historical business directories. As needed, information obtained from EDR was supplemented with information 3 Environmental Data Resources, 2025. The EDR Radius Map™ Report with Geocheck®, 11 Orinda Way, Orinda, CA 94563, Inquiry Number 7930621.2s. March 19.

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from the State Water Resources Control Board’s GeoTracker database4 and DTSC’s EnviroStor database.5 Baseline also contacted the Moraga-Orinda Fire District and the Contra Costa County Health Hazardous Materials Program (CCCHHMP) to request documentation on file that pertains to the storage of hazardous materials and USTs on the Site parcel (Appendix D).

To evaluate environmental records of properties that could adversely affect the chemical quality of soil or groundwater at the Site, the following factors were considered: distance from the Site, inferred direction of groundwater flow, and type and magnitude of release. For this assessment only properties that are located on, adjacent to, or upgradient from the Site parcel were evaluated. In addition, the review of environmental records related to the releases of petroleum hydrocarbons was limited to one-eighth mile because approximately 90 percent of petroleum hydrocarbon plumes in California do not extend more than 250 feet from the source area.
6 For records related to the use of hazardous materials that have no documented releases, these properties would only pose a threat of adversely affecting the Site if there is evidence of a potentially undocumented release or an imminent threat of a release.

5.1 Environmental Records for the Site Parcel
The Site parcel address of 11 Orinda Way is listed on EDR’s Historic Auto database under the name D&W Hancock Service as a gasoline and service station between the years of 1969 and 2014. EDR’s Historic Auto database also has the address intermittently listed as Orinda Village Chevron and Chevron Station for services related to general automotive repair from 1989 to 2004. The Site parcel address is listed in multiple databases that track the disposal of hazardous waste, including the Facility Index System (FINDS), Enforcement and Compliance History Online (ECHO), Hazardous Waste Tracking System (HWTS), Resource Conservation and Recovery Act (RCRA) Listings, and Electronic Manifest (E Manifest) databases. These listings appear to be related to the disposal of hazardous waste from the Site’s former automotive repair facility, such as benzene and unspecified oil-containing waste. Additionally, there is a record for 50 pounds of contaminated soil from a site clean-up.

The Site parcel has records of four 10,000-gallon USTs on site that were installed in 1985; the USTs store regular unleaded gasoline, plus unleaded gasoline, premium unleaded gasoline, and diesel. The Chevron gas station has had multiple violations in the California Environmental Reporting System (CERS) related to the current USTs, such as leak detection test failures, and secondary containment test failures. No records were found regarding the removal of the four fuel USTs and one waste oil UST that were installed circa 1955 to 1958, nor the waste oil UST that was installed circa 1984 to 1985 (Figure 2).
4 GeoTracker is the State Water Board’s environmental database of hazardous materials release sites and permitted hazardous materials facilities. Access to GeoTracker is available on-line at:
http://geotracker.waterboards.ca.gov/
5 EnviroStor is the DTSC’s environmental database of hazardous materials release sites and permitted hazardous materials facilities. Access to EnviroStor is available on-line at: https://www.envirostor.dtsc.ca.gov/public/ 6 Lawrence Livermore National Laboratory, 1995. Recommendations to Improve the Cleanup process for California’s Leaking Underground Fuel Tanks (LUFTs). October 16.

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The Moraga-Orinda Fire District indicated there were no records found regarding the storage of hazardous waste or the USTs at the Site parcel. The CCCHHMP found two files related to the storage of hazardous waste and the USTs on the Site parcel. This includes documentation from 1997 recording the removal of the waste oil UST that was installed circa 1984 (Figure 2) and separate gasoline product piping/dispensers along with sampling results from the removal (Appendix D). Soil samples collected at the bottom of the excavation of the waste oil UST were non-detect except for relatively low detections of total petroleum hydrocarbons as diesel (TPHd) and low detections of metals. Sampling results at the closest dispensers to the Site had either very low detections or non-detections of TPH-d and xylenes. No other documentation related to potential hazardous materials releases or the storage of hazardous materials within the files was found.

Because there is no documentation for the removal of the four fuel USTs, one waste oil UST, and related infrastructure that were installed on the Site parcel circa 1955 to 1958, potential releases of petroleum hydrocarbons from the former USTs may have contaminated groundwater, which could potentially have migrated south/southwest beneath the Site.

5.2 Environmental Records for Adjacent Properties
The adjacent property at 17 Orinda Way to the north of the Site parcel is listed in multiple databases that track the disposal of hazardous waste, such as RCRA Listings, HWTS, Haznet, CERS, ECHO, and FINDS. The address is also listed in the EDR Historic Cleaners database from 1971 to the present under multiple names over the years. The property is listed on the CERS and Contra Costa Sites databases for hazardous waste generated and other chemical storage at the property. The CERS database listing describes violations related to documentation practices between 2014 and 2022; however, none of these violations suggest that a hazardous materials release occurred at the property.

Based on the available records discussed above, there is no documentation that a hazardous materials release has occurred at the property. However, as discussed under Section 3.2, the long history of property’s use as a dry cleaning facility may have resulted in the release of chlorinated solvents. Therefore, potential releases of chlorinated solvents from historical drycleaning operations may have contaminated groundwater, which could potentially have migrated south beneath the Site.

The review of environmental records did not identify any other properties immediately adjacent to the Site parcel.

5.3 Environmental Records for Upgradient Properties
The review of environmental records did not identify any properties with hazardous material releases upgradient to the north/northeast of the Site parcel within the search distances described above.

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6. USER-PROVIDED INFORMATION
An ASTM Phase I User Questionnaire for the Site was completed by Darin Hughes, the associate planner of the City of Orinda (Appendix E). Based on the results, the City of Orinda is aware of the Site parcel being used as a gas station, including past uses for automotive repair. The City of Orinda is not aware of any cleanup liens, AULs, chemical releases, or environmental cleanups on the Site. The City does not know of the storage of any specific chemicals that are or were present at the property.

7. INTERVIEWS
Baseline prepared written interview questions which were provided to Chevron, the Site parcel owner. The written interview questions and responses provided by Eric Hetrick, the Chevron Regulatory Advisor, are presented in Appendix E. Based on the responses to the interview questions, Chevron was aware of a variety of documents that could assist with the evaluation of environmental concerns or RECs at the Site. Chevron provided Baseline with 94 files of documents, including Site Survey Maps (Appendix E), that could assist with the evaluation of environmental concerns. Baseline previously had peer reviewed a 2023 Phase I Environmental Site Assessment Report conducted for the Chevron Site parcel for the City of Orinda which was included within the 94 files provided by Chevron. Within these files, documentation of the removal of the four fuel USTs and waste oil UST that were installed on the Site parcel circa 1955 to 1958 was not found. The other files provided did not contain noteworthy information related to USTs, documented releases of hazardous materials, nor storage violations of hazardous materials. Chevron is not aware of any past, pending, or future threats of litigation, administrative proceedings, or notices from any governmental entity regarding any possible violation of environmental laws or possible liability relevant to hazardous substances or petroleum products associated with the Site.

8. ASTM E1527-21 DEVIATIONS AND DATA GAPS
ASTM E1527-21 requires the identification of deviations and data gaps, along with actions taken to address these gaps, and an opinion as to whether these deviations and data gaps are significant. A data gap may result from a lack of or inability to obtain information during any of the activities required by ASTM E1527-21. Particularly, review of reasonably ascertainable historical land use information from the first developed land use to the present that does not provide sufficient detail to assess potential land use changes at 5-year intervals or less may be considered a data gap.

8.1 Historical Land Use Records Review
The time intervals between some of the historical land uses records exceeded 5 years in some cases. These data gaps are not considered significant because the land uses were relatively consistent between the extended time intervals.

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8.2 Interviews with Government Regulatory Officials
ASTM E1527-21 requires interviews with state or local government regulatory agency officials regarding the potential for contamination on a site. These interviews were not conducted because any information obtained would likely duplicate information already reviewed from other standard sources, including the EDR report, the ASTM Phase I User Questionnaire, and online regulatory agency records.

9. FINDINGS AND CONCLUSIONS
Development and use of the Site parcel as a gas station as early as 1958 to the modern day presents potential environmental concerns at the Site. Prior to the mid-1980s, most gas stations used single-walled steel USTs that were susceptible to corrosion and other failure mechanisms (e.g., seam failures) that often resulted in releases of petroleum products into the subsurface. As shown in Figure 2, at least four fuel USTs and one waste oil UST were installed on the Site parcel prior to 1980 (circa 1955 to 1958) and there are no apparent records of their removal. Therefore, potential releases of petroleum hydrocarbons from former USTs may have contaminated groundwater, which could potentially have migrated south/southwest beneath the Site.

A former automotive service facility on the Site parcel had hydraulic lifts installed as early as 1958 (Figure 2). The long history of hydraulic lift operations on the Site parcel may have resulted in leaks of hydraulic oil. In older systems, the hydraulic oil may have contained PCBs.

Therefore, potential releases of petroleum hydrocarbons and PCBs from leaking hydraulic lifts may have contaminated groundwater, which could potentially have migrated south/southwest beneath the Site.

In addition, older automotive service facilities often disposed of hazardous wastes such as waste oils, fuels, and solvents directly to unpaved ground surfaces, waste oil tanks, or drainage and sewer systems that were susceptible to leakage into the subsurface. In a 1963 aerial photograph (Appendix B), a dark area that could potentially be stained soil is present that aligns with the drainage outlet of dry wells connected to the former oil/grease trap system (Figure 2). A floor drain within the former automotive service facility discharged directly to a waste oil UST (Figure 2). An exterior drain near the south corner of the former automotive service facility discharged on the Site to San Pablo Creek (Figure 2). The potentially stained soil and drainage features associated with the former gas station indicate the potential presence of a hazardous materials release. Potential releases of petroleum hydrocarbons and/or solvents from the former drainage features may have contaminated soil and/or groundwater on the Site.

A dry cleaner facility has been adjacent to the northwest of the Site parcel as early as 1971 (Figure 2). PCE has been used by the dry cleaning industry since the 1940s and was the main dry cleaning solvent used in California from the 1960s until the early 2000s before California legislation required the gradual phase out of PCE from the dry cleaning industry by 2023. When released into the environment, PCE can break down into other highly toxic chemicals such as Item G.1
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trichloroethylene and vinyl chloride. Minor spills and leaks of chlorinated solvents from equipment and sewer lines during historical dry-cleaning operations typically result in soil and groundwater contamination. Therefore, potential releases of chlorinated solvents from historical dry-cleaning operations may have contaminated groundwater, which could potentially have migrated south beneath the Site.

We have performed this Phase I ESA in conformance with the scope and limitations of ASTM E1527-21 for the Site. Any exceptions to, or deletions from, this practice are described in Section 8 of this report. This assessment has revealed the following RECs in connection with the Site:
• Potential petroleum hydrocarbons in groundwater from former USTs on the Site parcel. • Potential petroleum hydrocarbons and PCBs in groundwater from leaking hydraulic lifts associated with the former automotive service facilities on the Site parcel. • Potential petroleum hydrocarbons and/or solvents in the soil and/or groundwater from the drainage features associated with a former automotive service facility on the Site parcel.
• Potential chlorinated solvents (e.g., PCE) in groundwater from historical dry cleaner operations on the adjacent property to the northwest of the Site parcel.

10. RECOMMENDATIONS
Baseline recommends conducting a Phase II ESA to evaluate potential contaminants of concern at the Site that could affect future development and pose a risk to public health or the environment.

11. LIMITATIONS
This Phase I ESA was performed to provide an understanding of the current environmental conditions at the Site. Baseline’s interpretations and conclusions regarding this information, presented in this report, are based on the expertise and experience of Baseline in conducting similar assessments and current local, state, and federal regulations and standards.

Baseline’s objective is to perform our work with care, exercising the customary thoroughness and competence of earth science, environmental, and engineering consulting professionals, in accordance with the standard for professional services for a consulting firm at the time these services were provided. It is important to recognize that even the most comprehensive scope of services may fail to detect environmental conditions and potential liability at a particular site.

Therefore, Baseline cannot act as insurers and cannot “certify or underwrite” that a site is free of environmental contamination, and no expressed or implied representation or warranty is included or intended in this report except that the work was performed within the limits prescribed with the customary thoroughness and competence of our profession.

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The passage of time, manifestation of latent conditions, or occurrence of future events may require further exploration at the project site, analysis of the data, and re-evaluation of the findings, observations, conclusions, and recommendations expressed in this report.

The findings, observations, conclusions, and recommendations expressed by Baseline in this report are limited by the scope of services and should not be considered an opinion concerning the compliance of any past or current owner or operator of the project site with any federal, state, or local law or regulation. No warranty or guarantee, whether expressed or implied, is made with respect to the data reported or findings, observations, conclusions, and recommendations expressed in this report.

12. ENVIRONMENTAL PROFESSIONAL STATEMENT
We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental Professional as defined in 40 CFR Part 312 and we have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the Site. We have developed and performed all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Qualifications of the preparers of this document are included in Appendix F.

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FIGURES
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23312-00 Figures 03/31/25
Figure 1
Site Location
11 Orinda Way Phase I ESA
Orinda Way
Santa Maria Way
Camino Pablo
San Pablo Creek
N
0 100 Feet
Legend
Site Boundary
Site Location
Note: Project layout is approximate.

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23312-00 Figure 2 08/26/25
Figure 2
Environmental Features of Concern
11 Orinda Way Phase I ESA Santa Maria Way
San Pablo Creek
Dry Cleaning
Facility
Former Auto
Repair Facility
Former Aut
o
Repair Facility
Former Fuel USTs
(1955 SM)
Former Fuel USTs
Former Waste
Oil UST
(1955 SM)
Former Waste
Oil UST
(1955 SM)
Former
Dry Wells
(1955 SM)
Former
Dry Wells
Former Waste Oil
UST (1984 SM)
Former Waste Oil
UST (1984 SM)
N
0 40 Feet
Note: Feature locations are approximate.

SM = Site Survey Map Creek Channel
Former Oil/Grease Trap
Former Drainage Feature
Site Parcel Boundary
Former Hydraulic Lift
Former Drain Line
Former Fuel Line
Site Boundary
Former Stained Soil (1963)
Former Gas Station Building
Former USTs
Legend
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APPENDIX A
OVERVIEW OF ASTM E1527-21 TERMINOLOGY
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APPENDIX B

HISTORICAL LAND USE RECORDS
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APPENDIX C

SITE PHOTOGRAPHS
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APPENDIX D

ENVIRONMENTAL RECORDS
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APPENDIX E

USER AND OWNER PROVIDED INFORMATION
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APPENDIX F

QUALIFICATIONS OF PREPARERS
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October 29, 2025
City of Orinda
Attn: Linda Smith, City Manager
22 Orinda Way
Orinda, CA 94563
Letter Agreement re Donation
Dear Ms. Smith,
Chevron U.S.A. Inc. (“Chevron”) is the owner of the Chevron branded retail motor fuel outlet located at 11 Orinda Way (“Site”) in the City of Orinda (“City”), and has been in discussions with City staff regarding relevant City approvals and actions to allow Chevron to remove the existing, approximately 275 square foot kiosk located between the fuel dispensers at the Site, and convert the existing, vacant service bay area into a new 2,351 square foot Chevron ExtraMile convenience store with other Site improvements (“Project”).

Since Chevron’s initial discussions with the City regarding the Project, relevant California law changed.

Effective January 1, 2023, AB 2097 prohibited cities from imposing minimum automobile parking requirements on development projects located “within one-half mile of public transit” in the form of a “major transit stop” which, in turn, is defined to include an “existing rail or bus rapid transit station.” (Gov.

C. § 65863.2(a); Pub. Res. C. § 21155(b), § 21064.3.) Chevron’s Site is within one-half mile of the Orinda BART Station, which constitutes a major transit stop.

While the City may no longer impose minimum automobile parking requirements on the Project, subject to the terms of this Letter Agreement, Chevron is prepared to donate to the City the same amount, $24,874 (“Donation”), that would have been due as a parking variance in-lieu fee, as a contribution for use by the City towards pedestrian-friendly City initiatives to serve the City’s downtown core area. The Donation will be paid to the City within 30 days after Chevron commences construction of the Project. The Donation is not intended to result in a gift or other benefit to any public official.

The City represents that it is a political subdivision of the State of California and is a tax-exempt entity.

The City represents that the Donation to the City will be considered a charitable contribution as defined by IRS code section 170(c)(1). The City represents that the Donation will be used in accordance with applicable law. Each party to this Letter Agreement shall be responsible for its respective obligations to the extent it has disclosure or reporting requirements concerning the Donation under applicable law.

This Letter Agreement constitutes the entire agreement between the City and Chevron pertaining to the subject of the Donation and supersedes all prior understandings, negotiations, and discussions pertaining to the subject of the Donation. This Letter Agreement may be amended only by an instrument in writing executed by the City and Chevron. This Letter Agreement may be executed in counterparts (including via electronic signatures), with each counterpart constituting an original and together one instrument. * * *
Docusign Envelope ID: 50932F1B-9D31-4E75-B307-87479AAC0BFB Item G.1
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Orinda City CouncilJanuary 13, 2026

Orinda City Council
January 13, 2026