Agenda packet — Orinda City Council, April 21, 2026

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, April 21, 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 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-Folder Remote Comments: Remote Public Comments have been discontinued for the foreseeable future. This does not include teleconference locations.

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

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

PLEDGE OF ALLEGIANCE
A.

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

ITEMS FOR THE GOOD OF THE CITY
Recognizing Orinda Action Day of Community Service on April 25, 2026

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Recognizing April as Arab American Heritage Month Page 8 Library Update - Michael Beller, Orinda Library Manager

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 9
The City Council will consider approval of the Meeting Minutes of:

1. April 7, 2026, Regular Meeting.

RECOMMENDATION:

Approve City Council Minutes of

1. April 7, 2026, Regular Meeting
Award Contract for Crossroads Plaza Project No. 4103 Page 24 The City Council will consider awarding a contract for the re-bid Crossroads Plaza project construction. The lowest responsive bidder was Modernscapes Innovations, for an amount of $277,000. In order to award the contract, a budget change of $48,000 is required.

RECOMMENDATION:

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Award Contract to Modernscapes Innovations for Crossroads Plaza Project No. 4103 for $277,000, Authorize a 15% Contingency ($41,550) and Approve Budget Change Form #012-26 for an amount of $48,000.

Letter of Agreement for Temporary Use of Community Parking Lot at 10 Irwin Way

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The City Council will consider a request for temporary use of the community parking lot at 10 Irwin Way to Orinda Community Church related to the construction of the Vista Verde project. The City Council is being asked to authorize the City Manager to enter into a Letter Agreement which will authorize its use, extend the existing lease term and restore the lot to public parking at the conclusion of the project.

RECOMMENDATION:

Adopt Resolution No. 15-26 authorizing the City Manager to execute a Letter of Agreement with Orinda Community Church, Inc. regarding temporary use of the community parking lot at 10 Irwin Way.

Award Professional Design Services Contract for Highway Safety Improvement Program (HSIP) Projects to Advanced
Mobility Group (AMG)

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The City Council will consider awarding a contract to Advanced Mobility Group (AMG) for engineering and design services for CIP 4185 - Highway Safety Improvement Program projects. The proposed contract amount is $398,880, plus a 15% contingency of $59,832, for a total not to exceed value of $458,712. These projects will implement targeted safety improvements (for vehicles, pedestrians and bicyclists) and produce GIS-based traffic control devices (striping, signage, etc.) inventories.

RECOMMENDATION:

Approve a contract with Advanced Mobility Group (AMG) for Highway Safety Improvement Program (HSIP) project design services in the amount of $398,880, plus a 15% contingency, for a total not to exceed value of $458,712.

Approve Construction Contract with Allied Construction
Services for Orinda Library Roof Replacement Project (CIP #4173)

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The City Council will consider approving a construction contract to renovate the cap sheet roof section of the Library.

RECOMMENDATION:

Approve construction contract with Allied Construction Services for Orinda Library Roof Replacement Project (CIP #4173) in the amount of $73,053.

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PUBLIC HEARING
Introduction of Citywide Objective Design Standards (ODS) Ordinance 26-03, implementing Action 3.E of the Housing Element

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The City Council will hold a public hearing and consider adoption of Citywide Objective Design Standards. The purpose of the objective design standards is to provide guidance, set design expectations, expedite processing, align with new laws streamlining review for residential projects, and maintain the architectural and landscape character of the community.

RECOMMENDATION:

Waive the full reading and introduce Ordinance 26-03, to amend Title 17 of the Orinda Municipal Code (Zoning) and adopt the Citywide ODS; and find this ordinance is exempt from the California Environmental Quality Act (“CEQA”) and direct Staff to file a Notice of Exemption.

POLICY MATTERS
Contra Costa County Regional Alternative Compliance (RAC) Joint Powers Authority (JPA) Participation

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The City Council will receive a report from Rinta Perkins, Interim Program Manager for Contra Costa County Clean Water Program. Ms. Perkins will provide an overview on the Contra Costa County Regional Alternative Compliance (RAC) System. The Municipal Regional Stormwater Permit (MRP) requires low impact development (LID)/green stormwater infrastructure (GSI) to be implemented for new development/redevelopment (C.3.b), retrofitting a proportion of permittee (City of Orinda) impervious surfaces (C.3.j), and addressing Polychlorinated Biphenyls (PCBs)/mercury Total Maximum Daily Loads (TMDLs) in San Francisco Bay (C.11/C.12).

RECOMMENDATION:

Receive presentation from Rinta Perkins, Interim Program Manager for Contra Costa County Clean Water Program, on the proposed RAC Joint Powers Authority (JPA) System and provide comments and direction.

The Mills Act Program Discussion Page 229
The City Council will receive a presentation on managing historic preservation in the City of Orinda. Staff seeks direction on a recent request for a Mills Act contract and the potential need for program development and ongoing administration. Based on an assessment of comparable programs in other jurisdictions, Staff recommends the G.

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City Council consider repealing Orinda Municipal Code (OMC) Sections 17.25.22 and 17.25.23 to terminate the City's participation in the Mills Act due to administrative and fiscal challenges.

RECOMMENDATION:

Discuss the Mills Act and program options and provide direction to Staff to prepare an ordinance repealing OMC Sections 17.25.22 and 17.25.23 and take no further action on the Mills Act contract.

Updated City Council Policy and Procedures Manual Page 236 The City Council will consider changes to their Policy and Procedures Manual to comply with recent changes to the law due to Senate Bill 707 and other changes to language proposed by Staff.

RECOMMENDATION:

The City Council will consider changes to their Policy and Procedures Manual to comply with recent changes to the law due to Senate Bill 707 and other changes to language proposed by Staff.

Discussion Regarding Rescheduling the City Council Meeting of June 2, 2026

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The City Council will discuss rescheduling their June 2, 2026, meeting to a different date.

RECOMMENDATION:

Discuss and give direction to staff.

COUNCILMEMBERS' REPORTS

CITY MANAGER'S REPORT

MATTERS INITIATED

ADJOURNMENT
Please visit the City's website at www.cityoforinda.gov to view the City Council Meeting Calendar.

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City's website at www.cityoforinda.org. At Least 24 hours in advance of the meeting, this H.3
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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.gov. ~Notices~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure 1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code 65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~Accessible Public Meetings~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk's Office, 22 Orinda way, Orinda, CA 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: April 21, 2026
SUBJECT:

Approval of City Council Minutes
EXECUTIVE SUMMARY:

The City Council will consider approval of the Meeting Minutes of:

1. April 7, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of

1. April 7, 2026, Regular Meeting
STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. City Council Minutes of April 7, 2026, Regular Meeting

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 14 04.07.26
APRIL 7, 2026

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

COUNCILMEMBERS PRESENT: Cara Hoxie, Latika Malkani, Janet Riley Mayor Brandyn Iverson, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.

C. ADOPTION OF AGENDA
Mayor Iverson proposed moving up the Councilmember Reports and City Manager Reports to be heard after the Public Forum.

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

D. ITEMS FOR THE GOOD OF THE CITY
D.1 Certificates of Recognition Presented to Outgoing City of Orinda Commissioners and Committee Members
Mayor Iverson recognized and presented a Certificate of Recognition to Sarah Speron with the Parks and Recreation Commission and noted that certificates will be mailed to those Commissioners/Committee members not in attendance. Councilmembers thanked outgoing Commission and Committee members for their service.

D.2 Certificate of Recognition Presented to The Social Connection in Recognition of Autism Awareness and Acceptance Month
Mayor Iverson reported that the Council has given a Certificate of Recognition to the Social Connection in recognition of Autism Awareness and Acceptance Month in April, and Councilmembers expressed their appreciation for the work of the Social Connection.

D.3 California Parks and Recreation State-level Award of Excellence Presentation to Orinda Parks and Recreation and Recycle Smart for "Camp Orinda Sustainability Week" in the New Innovation Award of Excellence Category
Item F.1
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Todd Trimble, Parks and Recreation Director, introduced Adam Chow from the City of San Ramon and President-Elect for the State CPRS Board.

Adam Chow, President-Elect for the State CPRS Board/San Ramon Parks and Recreation Director, provided a presentation of the Award of Excellence to Orinda Parks and Recreation and Recycle Smart for “Camp Orinda Sustainability Week” in the New Innovation Award of Excellence category. He described professional accomplishments of the City’s Camp Orinda sustainable efforts as well as Recycle Smart, and presented the award to the City.

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

Councilmembers congratulated Recycle Smart and Orinda Parks and Recreation, confirmed camps are for ages 5 to 11, class sizes are 10 to 30 participants, and recognized their great partnership.

E. PUBLIC FORUM
Dan Torres said he is a resident and a proud union member and recognized Local 483.

He bought an electric vehicle, did not realize there are no Tesla Superchargers between Oakland and Walnut Creek, and hoped the City could work towards providing a super charger in town.

Mayor Iverson recognized she received a similar comment from a resident on this topic.

Bielle Moore of PG&E introduced herself as the point of contact for the City of Orinda for PG&E.

City Manager Smith thanked Ms. Moore for coming to the meeting, noting that the building was not powered 3 to 4 hours ago and staff was not sure the Council meeting could be held. Ms. Moore was very responsive and instrumental in getting the building operational.

I. COUNCILMEMBER REPORTS
Councilmember Hoxie reported on the Downtown Development Subcommittee meeting where staff provided a thorough presentation and discussion held on issues relating to downtown Orinda, vacancies in various buildings, and parking.

Mayor Iverson added to the subcommittee meeting report, stating she invited those interested to meet with the City Manager or Planning Director to learn more. They also talked about whether the Council would like to consider waiving the parking requirement for new business tenants to the downtown and the formula of the in-lieu fees paid. City Manager Smith then provided additional information regarding new businesses and vacancies.

Vice Mayor Gee reported CCTA’s subcommittee approved and moved forward with the grant package for the Lamorinda Smart Signals project. The Board meets April 15th where they will approve putting the project out to bid. Completion date is expected by the end of the year, and the City Engineer provided additional details.

Item F.1
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Councilmember Riley reported on her attendance at Recycle Smart Personnel and Legislation Committee meetings where legislative proposals were reviewed relating to recycling and vaping products.

Mayor Iverson reported on the Contra Costa Mayors’ Conference stating E-bike legislation is moving along at the State level.

J. CITY MANAGER’S REPORT
City Manager Smith gave the following report:
• Next week, the first Regional Legislative Advocacy meeting will be held on Wednesday morning in Lafayette with other jurisdictions who joined with the Coalition.
• Later this month will involve advocacy work at the League of California Cities in Sacramento.
• This weekend, the Touch a Truck event will be held at Wilder on April 11th. • Food trucks start again this Thursday in Orinda.
• Orinda Action Day will be held on April 25th.

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

F. CONSENT CALENDAR
Mayor Iverson asked if Councilmembers or the pubic wished to remove any items, and Councilmember Hoxie requested removal of Item F.4. There were no other requests and no public comments.

F.1 Approval of City Council Minutes
Approve City Council Minutes of:

1. March 17, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of:

March 17, 2026, Regular Meeting
F.2 Local Appointments List of Boards, Commissions, and Committees 2026
The City Council is required by the Maddy Act (Government Code Section 54972) to annually prepare and post a list of all regular boards, commissions, and committees appointed by the City Council, including the names of incumbents, appointment dates, term expirations, and required qualifications. Following the City Council’s February 28, 2026, interviews and appointments to positions with upcoming term expirations or vacancies, the updated Local Appointments List has been prepared. The list is provided for City Council review and will be posted at City Hall and on the City’s website in accordance with statutory requirements.

RECOMMENDATION:

Review and receive the local appointments list of boards, commissions, and committees, as required by the Maddy Act.

Item F.1
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F.3 Approve Lease Agreement with Sprint Spectrum, LLC. for Use of City-Owned Property Located at 135 Camino Pablo
The City Council will consider approval of a Lease Agreement with Sprint Spectrum, LLC. for continued use of City-owned property located at 135 Camino Pablo for cellular telecommunications equipment. The proposed agreement replaces the existing 25-year License Agreement, which expired on August 30, 2025.

RECOMMENDATION:

Adopt Resolution No. 21-26 approving the new Lease Agreement.

F.5 Authorize Amendment No. 5 to Contract with Callander Associates Landscape Architecture, Inc. for the Community Park Improvement Project (CIP Project No. 4112)
The City Council will consider an amendment to the existing professional services contract with Callander to perform design work for the play areas at the Community Park. The play areas were identified as a high priority phase of the approved Master Plan for the Park.

RECOMMENDATION:

Authorize Amendment No. 5 to Contract with Callander Associates Landscape Architecture, Inc.

F.6 Ordering the Preparation and Filing of a Report for the Fiscal Year 2026-27 Assessments for the Orinda Street Lighting and Landscaping Assessment District No. 1986-1
The City Council will consider ordering the annual report necessary to levy assessments for the Orinda Street Lighting and Landscaping Assessment District No. 1986-1. This District is divided up into three zones: L-42, M-9 and M-11.

RECOMMENDATION:

Adopt Resolution No. 19-26, Ordering the Preparation and Filing of Report for Levy of Annual Assessments for Fiscal Year 2026-27 for Orinda Street Lighting and Landscaping Assessment District No. 1986-1.

MOTION by Mayor Iverson moved, and seconded by Councilmember Hoxie to approve Consent Calendar Items F.1, F.2, F.3, F.5, and F.6. Said motion carried by unanimous (5-0) vote.

Item Requested for Removal:

F.4 Traffic Circulation Pilot Program at and around the Ivy Drive Neighborhood
The City Council will consider a pilot project to implement various traffic signs to improve safety and circulation at various intersections near the Ivy Drive Neighborhood, including Moraga Way, Ardith Drive and Eastwood Drive.

RECOMMENDATION:

Item F.1
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Orinda City Council Minutes Page 5 of 14 04.07.26
Approve Resolution 10-26 (Traffic Order 238) Implementing Turning Movements On and In the Vicinity of Ivy Drive, Moraga Way, Ardith Drive, Southwaite Court and Eastwood Drive:

1. Resolution 15-02, Traffic Order 115, (Prohibiting Left Turns from Moraga Way onto Ivy Drive on School Days Between the Hours of 7 a.m. and 8 a.m., Monday through Friday) is rescinded. This sign prohibited left turns from Moraga Way onto Ivy Drive (north).

2. Resolution 41-12, Traffic Order 155, (Prohibiting U-Turns on Moraga Way at Southwaite Court and Prohibiting Left Turns from Moraga Way onto Southwaite Court on School Days Between the Hours of 7 a.m. and 8 a.m., Monday through Friday) is rescinded.

3. Resolution 42-12, Traffic Order 156 (Prohibiting U-Turns on Moraga Way at Whitehall Drive and Prohibiting Left Turns from Moraga Way onto Whitehall Drive on School Days Between the Hours of 7 a.m. and 8 a.m., Monday through Friday) is rescinded

4. Right Turns from Ivy Drive onto Ardith Drive are prohibited between the hours of 7:30 a.m. and 8:30 a.m. on School Weekdays.

5. Left Turns from Eastwood Drive onto Moraga Way are prohibited between the hours of 7:30 a.m. and 8:30 a.m. on School Weekdays.

6. U-Turns on Moraga Way at Southwaite Court and Left Turns from Moraga Way onto Southwaite Court are prohibited between the hours of 7:30 a.m. and 8:30 a.m. on School Weekdays.

7. U-Turns on Moraga Way at Whitehall Drive and Left Turns from Moraga Way onto Whitehall Drive are prohibited between the hours of 7:30 a.m. to 8:30 a.m. on School Weekdays.

City Engineer Siva Natarajan gave the staff report, background, and an overview of the matter which led to feedback received and Council’s review at the March 17th meeting.

He presented mapping, analysis undertaken, and staff’s proposed recommendations based upon Council feedback geared to incentivize people trying to use Ivy Drive as a cut-through. Once implemented, staff should be able to show changes are functioning or not, and at that time, revisions can be further reviewed and considered.

Councilmember Hoxie asked about adding a stop sign at Ivy and Ardith to slow traffic. Mr.

Natarajan said it was not previously considered and likely would not have a significant impact, though they could review it if desired.

Councilmember Hoxie also inquired about the cost of a traffic signal if the no-left-turn sign were removed. Mr. Natarajan responded that signals require a separate process and typically cost $800,000 to over $1 million. Regarding additional traffic calming on Ivy Drive, staff noted the speed limit could be reduced to 15 mph due to it being a school route, and while some speed bumps already exist, further measures would be evaluated individually.

Councilmember Hoxie then cited bicyclists coming from Moraga Way onto Ivy Drive and questioned their protection. Mr. Natarajan said there are Class II bike lanes along Moraga Way that will merge with traffic to make the turn. One thing successful has been rapid flashing beacon crosswalks, and this is something staff can consider.

Item F.1
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Orinda City Council Minutes Page 6 of 14 04.07.26
Mayor Iverson suggested Councilmember Hoxie make a Matter Initiated for a rapid flashing beacon crosswalk.

Councilmember Malkani raised concerns about a proposed 4-way stop at Ardith and Coral, noting resident opposition and that speed bumps are not feasible due to fire evacuation needs. Mr. Natarajan described roadway striping improvements, including centerlines and edge lines, along with future sidewalk plans.

Vice Mayor Gee asked about data collection and monitoring if a pilot project moves forward. Mr. Natarajan explained that consultants would gather traffic data from August through December to assess cut-through traffic and behavior changes. Vice Mayor Gee also asked about enforcement, and the Police Chief reported ongoing traffic stops and citations, with additional monitoring tools coming soon.

Councilmember Malkani asked whether studies could distinguish between cut-through traffic and school-related trips. Mr. Natarajan said they attempted to capture this in prior data collection based on school start times, and the study will look at timing and whether there is a gap.

Mayor Iverson asked whether only the “no left turn on Ivy” is a pilot or if all changes are.

Mr. Natarajan clarified that the entire set of changes is a pilot and new data will be collected and compared to existing conditions. Mayor Iverson questioned why previous traffic data methods differed so much and asked which is more reliable. Mr. Natarajan explained that while count-based data is standard, LPR data appears more accurate in this case and will be used.

Mayor Iverson also asked about adding speed bumps on Ardith and whether a moratorium applies. Mr. Natarajan said staff has not yet consulted the fire department but will, noting speed cushions may be possible if the area is outside the fire hazard severity zone.

Vice Mayor Gee asked whether stop signs and signal timing changes would be completed before the pilot begins. Mr. Natarajan said they will try to implement everything at once if approved, but won’t delay other changes, and noted the no-left-turn signs will only apply during school hours.

Councilmember Riley asked if signal changes are being delayed, and Mr. Natarajan responded that they could proceed but are choosing to be cautious and avoid changes while the study and no-left-turn restriction are in place.

Mayor Iverson opened the Public Forum.

Aileen Schier raised concerns about serious safety hazards and cut-through traffic, questioned the removal of the “no left turn” sign, argued a trial period and year-long delay are unnecessary given risks to children, and emphasized that enforcement is essential and important.

Item F.1
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Nicole Carter McGill lives near Coral Drive and has children at OIS and Del Rey. She walks her children to school daily and described unsafe conditions, urged equal or stronger safety measures before removing the “no left turn” sign, said a four-way stop and striping alone are insufficient; cited a recent accident, and emphasized that completing the Coral sidewalk is essential.

Emily Polcari, an Ivy Drive neighbor, has children at Miramonte and OIS who walk along Coral to school. She requested analysis of pedestrian traffic before removing the sign, urged completion of additional safety measures before allowing increased traffic, asked the City to coordinate with schools on potential start-time changes, and questioned how success will be measured in the pilot study.

Carri Maas is a parent of an OIS student and a Wagner Ranch student. She supports measures that improve safety and reduce cut-through traffic, said the “no left turn” sign limits access for OIS families and staff, especially for early programs, noted that rerouting via Coral Drive adds time and stress, with no protected left-turn lane, and requested a solution that allows reasonable access for school-related traffic at all hours.

Roderick Phillips echoed prior concerns about speeding and neighborhood safety. He warned that drivers turn onto Coral and accelerate downhill toward Moraga Way, emphasized sidewalks as the top priority, called for enforcement at Carisbrook and Coral, and noted children walk around parked cars and predicted accidents if no action is taken.

Linda Smetana, Ardith Drive off of Ivy Drive intersection at the hill, said she works at home and knows the time by the sound of cars on Ardith at 7:58 a.m. zooming by. She asked for continued police presence, cited dangerous conditions and appreciates the attention given to Ardith Drive.

Ron Smetana thanked City staff for listening to input, said he cannot back out of his driveway at 8 a.m. due to very dangerous speeding conditions on Ardith.

Mayor Iverson closed the Public Forum and asked for Council deliberation. The following outlines Councilmember comments and preferences.

Councilmember Hoxie:
• Emphasized urgency for immediate safety measures (e.g., temporary barriers, striping) rather than waiting for long-term fixes like sidewalks. • Skeptical that a sidewalk alone would have prevented the recent accident. • Opposes removing the no left turn sign without additional protections in place. • Supports relying on traffic experts and implementing short-term safety improvements.
• Advocates for a more holistic approach to walking/biking safety near schools. • Open to lowering speed limits on Ivy and Ardith.
• Prefers a shorter pilot period (fall data collection) for quicker decisions. • Wants protections in place before removing the no-left-turn sign.

Vice Mayor Gee:
• Strongly focused on overall neighborhood safety and reducing cut-through traffic. • Believes current signage is ineffective due to lack of compliance. • Supports signal timing changes to discourage shortcutting.

Item F.1
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• In favor of sidewalks, striping, and additional stop signs. • Advocates for camera-based enforcement, potentially as a pilot program for school safety.
• Supports a shorter pilot timeline to accelerate decision-making. • Encourages regional collaboration with nearby cities.

Councilmember Malkani:
• Interested in revisiting school start times, though recognizes constraints (school day length, younger students).
• Stresses urgency in implementing already-approved safety measures (striping, signal timing).
• Asked about sidewalk timeline (estimated 1–2 years).
• Supports sending permanent changes (like stop signs) through proper channels (TSAC).
• Explores additional speed control options, including school-hour speed limits. • Curious about how to distinguish cut-through traffic vs. school-related trips (acknowledges difficulty).
• Generally supportive of the pilot but cautious about camera enforcement.

Councilmember Riley:
• Prioritizes safety-first approach and questions removing the no-left-turn sign. • Prefers enforcement over removal of restrictions.
• Feels the pilot is too complex and should be broken into smaller components. • Supports most safety measures (striping, stop signs, speed reduction), but not the left-turn change.
• Skeptical that drivers will comply with certain restrictions. • Suggests faster data collection timeline (earlier evaluation).

Mayor Iverson:
• Stated that the no-left-turn sign was never formally justified by engineering and may be outdated.
• Believes the root issue is congestion on Moraga Way, driving cut-through traffic. • Strongly supports fixing signal timing to improve main-road flow. • Suggests focusing on system-wide solutions rather than isolated fixes. • Supports speed control measures (e.g., speed bumps on Ardith). • Interested in bike/pedestrian improvements and safer school routes. • Open but cautious about camera enforcement.
• Supports the pilot and emphasizes delegating technical details to staff/TSAC rather than over-designing at the Council level.

There was broad agreement on:
o Need for immediate safety improvements
o Importance of signal timing changes
o Desire for data-driven decisions via a pilot program
Key disagreements were:
o Whether to remove the no-left-turn sign
o Length and structure of the pilot
o Role of enforcement vs. design changes (e.g., cameras, signage) Item F.1
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Orinda City Council Minutes Page 9 of 14 04.07.26
After Council deliberation, Mayor Iverson proposed and made a motion.

MOTION by Mayor Iverson, and seconded by Councilmember Malkani, to approve Item F.4 as proposed. Said motion failed by the following roll call vote: (2-3) Ayes: Iverson, Malkani; Noes: Hoxie, Riley, Gee.

Council deliberation continued and Councilmembers provided additional comments:

Councilmember Hoxie:
• Supports changing no-left-turn hours on South Waite, Whitehall, and Eastwood to reduce cut-through traffic.
• Open to a no right turn on Ardith, but believes it will be ineffective without a stop sign.
• Continues to oppose removing the no left turn on Ivy until traffic calming measures (e.g., stop sign at Ardith, reduced speeds) are in place. • Strongly supports adding a three-way stop at Ardith and lowering speed limits on Ivy and Ardith.

Mayor Iverson:
• Sought clarification on what additional measures would be required to gain support.
• Expressed frustration with delays, noting prior TSAC recommendations and ongoing debate.
• Questioned whether concerns about camera enforcement are blocking progress. • Preferred moving forward with a clear action or motion, rather than ending with no decision.
• Not fully supportive of combining no right turn + stop sign at Ardith without broader consideration.

Councilmember Malkani:
• Highlighted concerns about the length of the pilot program and pushed for a shorter alternative.
• Asked colleagues who opposed the proposal if they would support a compromise version.
• Open to camera enforcement, but wants more analysis and a full staff report. • Suggested school communication (e.g., newsletters) as part of implementation.

Vice Mayor Gee:
• Emphasized the complexity of the problem—no single solution will fix it. • Concerned that implementing too many changes at once makes it hard to evaluate effectiveness.
• Stressed that enforcement is critical—without it, measures like turn restrictions or speed limits may fail.
• Supports ideas like no right turn on Ardith, but doubts impact without enforcement. • Open to a shorter pilot, but unsure it would capture real behavioral change. • Advocates for strong community outreach/communication alongside any changes. • Expressed disappointment about uncertainty around camera enforcement.

Councilmember Riley:
• Focused on clarifying areas of consensus, especially around:

Item F.1
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o Signal timing changes
o Turn restrictions (e.g., no right on Ardith)
• Supports no right turn on Ardith, but also wants a stop sign added. • Prefers a more incremental or structured approach rather than partial agreement.

City Manager Smith summarized that there is no consensus on removing the no-left-turn sign on Ivy. Consensus exists on:
o Some turn restrictions (excluding Ivy)
o Advancing traffic calming (e.g., speed cushions on Ardith) o Exploring additional stop signs along Ivy/Ardith
o Accelerating sidewalk (Coral Drive) planning via CIP
o Continuing broader safety improvements (bike/pedestrian focus) o Implementing signal timing and striping changes (already underway) She suggested proceeding with partial approval (excluding Ivy) and returning later with a comprehensive evaluation.

Key takeaways on agreement include:
o Immediate safety steps (signal timing, striping, some turn restrictions) o Need for traffic calming and infrastructure improvements o Importance of enforcement and communication
Ongoing Disagreement includes:
o Removing the no-left-turn on Ivy
o Whether to pair turn restrictions with stop signs
o Pilot duration and structure
o Role and readiness of camera enforcement
MOTION by Councilmember Hoxie, and seconded by Vice Mayor Gee, to make all changes as recommended, except the no left turn on Ivy Drive. Said motion carried by the following roll call vote: (4-1) Ayes: Gee, Hoxie, Riley, Malkani; Noes: Iverson.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1 Recommendation from Supplemental Sales Tax Oversight Commission Regarding Funding Request from Fire Safe MoragaOrinda The City Council will consider a recommendation from the Supplemental Sales Tax Oversight Commission (SSTOC) regarding a funding request from Fire Safe Moraga-Orinda (FSMO), a local nonprofit supporting wildfire preparedness and fire-fuel reduction in Orinda. The SSTOC recommends funding a pilot program where FSMO would be responsible for administering the City's existing Fire Fuels Reduction Incentive Program, a neighborhood group-based fuel reduction program, and some community outreach and education efforts, currently performed by City staff.

RECOMMENDATION:

Item F.1
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Support the SSTOC recommendation and direct Staff to prepare a services contract for approval at a future City Council meeting that authorizes funding for FSMO for a one-year pilot program.

Micki Cronin, Senior Management Analyst and staff liaison to the SSTOC, said she and Doug Alessio met with the Subcommittee seven times and brought information to the full SSTOC on two occasions. Tonight, the SSTOC is asking the Council to consider a oneyear service contract with FSMO to administer the City’s existing Fire Fuels Reduction Incentive Program, assist FSMO with their neighborhood-based fuel reduction grant program and expand community outreach and education in Orinda for wildfire. She introduced Brad Barber from the SSTOC and a member of the ad-hoc subcommittee, and Mark Evans, President of FSMO.

Brad Barber, SSTOC, reported that SSTOC now unanimously supports the funding proposal, noting it aligns with program goals and strengthens incentive and neighborhood award initiatives.

Mark Evans, FSMO, provided an update on FSMO’s activities, including reimbursed expenditures, resumed and expanded grant-funded projects in Orinda and Moraga, and new funding from the County and PG&E to support community safety efforts. He also highlighted significant growth in community engagement and expressed optimism about continued collaboration with the City through a service contract.

He also noted growing community engagement, now exceeding 5,400 residents, with expectations to add another 1,000 this year through Firewise networks. Additionally, FSMO received $100,000 from PG&E in March, directed by MOFD, to enhance community safety. He concluded that the organization is making strong progress and looks forward to partnering with the City through a service contract.

Jud Hammon stated that the volunteer-driven Firewise network would benefit from dedicated professional staff support. He explained that the proposal’s Item 3 seeks City funding to provide outreach, training, awareness, and operational assistance to strengthen Firewise program activities.

Councilmember Hoxie sought clarification on the requested approval, and City Manager Smith confirmed that the City is being asked to authorize FSMO as a service contractor.

The role would include implementing the City’s incentive and neighborhood programs and delivering community education with professional support. The agreement also allows FSMO to manage reimbursements and apply a 12% administrative fee to cover staff time, leveraging its existing network to ensure efficient program delivery.

Assistant City Manager Doug Alessio explained that the FSMO contract will return to the City Council for final approval after development. He noted that FSMO is well positioned to handle grassroots outreach and education, which are difficult for the City to manage directly. The proposed structure includes a not-to-exceed budget of $450,000 with adjustable funding through change orders, payment based on services performed, and included administrative costs. It also incorporates performance-based incentives linked to program growth and grant achievement.

Item F.1
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Mayor Iverson questioned how the proposal’s funding compares to the previous Measure R-supported City outreach position and whether it expands beyond that scope. Assistant City Manager Doug Alessio responded that partnering with FSMO is more cost-efficient than maintaining City staff and leverages nonprofit and volunteer capacity to maximize resources. He also addressed concerns about extensive oversight requirements, explaining that these reflect standard transparency and accountability practices for public funds and align with FSMO’s existing procedures.

Councilmember Malkani noted FSMO’s efficient approach to obtaining three competitive bids simultaneously. FSMO Executive Director Rob Schroeder confirmed this process, explaining that joint walk-throughs with vetted contractors ensure consistent project scopes, allowing comparable bids to be submitted quickly for board approval.

Councilmember Riley asked why the proposal increased to $450,000 rather than remaining at $400,000. Assistant City Manager Doug Alessio explained that the higher amount includes administrative costs and expanded outreach efforts not covered in the original request, replacing prior City capacity and enhancing overall program value. He noted that reducing funding would likely limit either outreach or fuel reduction work. City Manager Smith added that the funding could be adjusted or capped, with the option to return to Council for additional support if needed.

Jud Hammon, SSTOC, expressed confidence in FSMO’s capabilities while emphasizing that future funding increases should be contingent on demonstrated results.

Vice Mayor Gee requested clearer reporting on outcomes, and Mr. Schroeder confirmed FSMO already conducts post-project assessments and shares updates, while the Assistant City Manager added that quarterly SSTOC reports would formalize tracking.

Councilmember Hoxie sought clarification on matching funds and project prioritization, and Mr. Schroeder explained criteria such as fire severity, resident vulnerability, vegetation, and evacuation proximity, with input from MOFD, reimbursement controls, local-only funding for Orinda projects, and the ability to terminate the contract if necessary. Brad Barber also noted that competitive bidding practices generate significant cost savings.

EXTEND MEETING
MOTION by Mayor Iverson, and seconded by Councilmember Hoxie, to extend the meeting time to 10:15 p.m. Said motion carried by unanimous (5-0) vote.

Councilmember Riley raised a question about how funding decisions would be handled when multiple high-priority projects compete for limited resources. Mark Evans explained that this situation has not yet arisen, but noted that current Cal Fire grants operate on a 50/50 match, while 2026 programs will shift to a one-third/two-thirds model requiring greater resident contribution. Orinda residents would prioritize 50/50 grants first, which could reduce demand on City-funded reimbursements.

Mayor Iverson inquired why MOFD or the Town of Moraga declined to participate financially. Mr. Evans responded that MOFD leadership expressed discomfort allocating tax dollars to efforts outside their primary district responsibilities.

Item F.1
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Orinda City Council Minutes Page 13 of 14 04.07.26
Mayor Iverson expressed concern over this position, noting that fire prevention and suppression fall squarely within MOFD’s mission, and questioned their reluctance to fund initiatives aligned with that purpose.

Mr. Alessio said hopefully they will see this track record of a program that is successful and a model they might be interested in utilizing themselves in the future.

Mayor Iverson proposed using the program as a model for Moraga and suggested approving it with a requirement for a dollar-for-dollar funding match from MOFD to ensure equal investment in fire prevention. City Manager Smith advised against this condition, noting that MOFD already supports prevention efforts through direct home-hardening measures and materials. She commented that successful implementation by FSMO could open future opportunities for collaboration with MOFD on related programs.

Councilmember Malkani noted that MOFD incorporated previously pilot- and state-funded inspectors into its regular budget and expressed support for enforcement-based approaches. Vice Mayor Gee added that MOFD also manages a Fire Ambassador program with trained volunteers and paid staff oversight. Mark Evans further explained that MOFD undertakes large-scale fire break projects and secures significant grant funding, often through nonprofit partnerships, as part of a broader system-level approach that leverages community organizations for fuel reduction.

Councilmember Hoxie asked and confirmed the Chipper Program will remain with the City of Orinda and staff is in discussions with MOFD to assist by using the City’s software tools in order to better coordinate resources.

Mayor Iverson opened the Public Forum. She noted that a number of written comments were received.

Jeff Blum said he is just here to support the contract with FSMO. He is a Firewise leader, has seen the way the existing incentive program works, communication is key as people forget about the program.

Mayor Iverson called for Council deliberation.

Vice Mayor Gee supported the proposal as a reasonable, goal-aligned pilot with flexibility for future adjustments. Councilmember Malkani endorsed it, citing FSMO’s community partnerships and efficiency, and supported the $200,000 allocation for the incentive program. Councilmember Hoxie also supported the measure, emphasizing safeguards, local spending requirements, and confidence in its safety benefits. Mayor Iverson, initially undecided, ultimately supported the proposal while expressing caution about long-term funding commitments and reliance on public funds for homeowner programs, and encouraged pursuing additional external and partnership funding opportunities.

MOTION by Councilmember Malkani, and seconded by Councilmember Hoxie, to support the SSTOC recommendation and direct staff to prepare a services contract for approval at a future City Council meeting that authorizes funding for FSMO for a one-year pilot program. Said motion carried by unanimous (5-0) vote.

Item F.1
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EXTEND MEETING
MOTION by Mayor Iverson, and seconded by Councilmember Malkani, to extend the meeting to 10:20 p.m. Said motion carried by unanimous (5-0) vote.

K. MATTERS INITIATED – Councilmember Hoxie initiated a motion to review leftturn signage and bicycle/pedestrian safety at Moraga Way and Ivy Drive North, which Councilmember Malkani seconded; the motion passed with unanimous consensus, and staff will return with updates, including related improvements from the Local Roadway Safety Plan.

Councilmember Malkani moved to consider rescheduling the June 2 Council meeting due to election night, seconded by Vice Mayor Gee, with unanimous consensus. City Manager Smith noted the Council will have four members present for the next four meetings.

L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:20 p.m. to the next Regular City Council Meeting on Tuesday, April 21, 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: April 21, 2026
SUBJECT:

Award Contract for Crossroads Plaza Project No. 4103
EXECUTIVE SUMMARY:

The City Council will consider awarding a contract for the re-bid Crossroads Plaza project construction. The lowest responsive bidder was Modernscapes Innovations, for an amount of $277,000. In order to award the contract, a budget change of $48,000 is required.

RECOMMENDATION:

Award Contract to Modernscapes Innovations for Crossroads Plaza Project No. 4103 for $277,000, Authorize a 15% Contingency ($41,550) and Approve Budget Change Form #012-26 for an amount of $48,000.

BACKGROUND:

The subject project is in the CIP update approved on June 3, 2025, as shown in the Project Detail sheet (Attachment A). The project will completely renovate the landscaping and add walkway and tree lighting at the Crossroads Plaza (formerly referred to as Crossroads Mini Park). The engineer’s estimate for the bid was $240,000.

Bids for the project were opened on March 3, 2026, with the following results:

Bidder Bid Amount
Synthetic Grass, Clovis $230,000
Altor Construction, Walnut Creek 254,000
Modernscapes Innovations, Oakley 296,500
Bay Construction, Oakland 358,000
Lignum Mellis, San Francisco 366,000
However, due to several of the bids being deemed non-responsive, all bids were rejected at the March 17, 2026, City Council meeting.

DISCUSSION:

Staff rebid the project, with more precise bid instructions for contractor license requirements and project experience requirements. On March 18, 2026, the City Item F.2
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advertised for construction bids in accordance with State Public Contract Code requirements. On April 7, 2026, bids were opened with the following results:

Bidder Bid Amount
Modernscapes Innovations, Oakley $277,000
Staff reviewed the bid and found it responsive, and believes the amount is in line with market conditions when compared to the earlier bids received. Therefore, Staff recommends the contract be awarded to Modernscapes Innovations for $277,000, and requests authorization of a 15% contingency ($41,550) to allow for unforeseen changes.

The total potential value of the contract would be $318,550.

FISCAL IMPACT:

The contract cost plus contingency would amount to $318,550. Accounting for the construction cost and the remaining landscape architecture construction review it is necessary to supplement the project budget for CIP 4103 by $48,000, as shown in the attached budget change form. Such funding would be appropriated from the Capital Improvement Fund (Fund 700), which has sufficient fund balance available. .

STRATEGIC PLAN INITIATIVE:

Not applicable.

Attachments
Attachment A, Project Detail Sheet, CIP 4103
Attachment B, Budget Change Form #012-26
Prepared by: Scott Christie
Respectfully Submitted by:

Scott Christie
Public Works Director
Approved By:

Linda Smith, City Manager
Item F.2
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Item F.2
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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 # 012-26
New Appropriations (City Council Approval 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:
700-00-00-7127-4103

CAPITAL IMPROVEMENT FUND/ NO DEPARTMENT / NO PROGRAM /

CONSTRUCTION COSTS / ORINDA MINI PARK
$48,000

As Presented at the City Council Meeting on April 21, 2026 #################(Finance Use Only)###################
Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: Provide supplemental funding for hardscaping and other improvements necessary for Crossroads Plaza CIP project Item F.2
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: April 21, 2026
SUBJECT:

Letter of Agreement for Temporary Use of Community Parking Lot at 10 Irwin Way EXECUTIVE SUMMARY:

RECOMMENDATION:

Adopt Resolution No. 15-26 authorizing the City Manager to execute a Letter of Agreement with Orinda Community Church, Inc. regarding temporary use of the community parking lot at 10 Irwin Way.

BACKGROUND:

On February 21, 2012, the City of Orinda (“City”) and Orinda Community Church, Inc. (“Church”) entered into a Community Parking Lot Lease Agreement concerning the development and operation of a small public parking lot located on Church property at 10 Irwin Way. The agreement allowed the City to construct and operate a 10-space public parking lot on the property in order to increase the supply of public parking serving the Downtown.

Construction of the lot was completed on or about November 21, 2014, at which time the lease term commenced for an initial period of 25 years. Under the terms of the lease, the City operates the premises as a public parking lot and is responsible for maintenance and upkeep during the lease term.

The Church is currently undertaking the Vista Verde construction project, which will require temporary use of the Church’s existing staff parking lot for construction staging and contractor activities. In order to accommodate this temporary loss of staff parking, the Church requested that the City temporarily return use of the community parking lot so that Church staff may park there during the construction period.

Item F.3
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City staff and representatives of the Church have worked collaboratively to develop a Letter of Agreement that allows the temporary return of the lot while protecting the City’s long-term public parking rights under the existing lease.

DISCUSSION:

The proposed Letter of Agreement temporarily pauses the City’s rights and obligations under the Community Parking Lot Lease for a temporary use period of approximately two years, with the option for the City and the Church to exercise up to two consecutive extensions of six (6) months each, for a total potential additional period of one year.

During this period, the Church would have exclusive use of the premises, and the parking lot would not operate as a public parking facility.

Under the terms of the agreement:
• The Church will assume full responsibility for maintenance, repair, and upkeep of the Premises during the Temporary Use Period.
• At the conclusion of the temporary use period, the 25-year lease term will be extended by a period equal to the length of the temporary closure, ensuring that the City retains the full benefit of the originally negotiated lease term. • Prior to returning the lot to public use, the Church must restore the premises to a condition equal to or better than its condition prior to the temporary use period, including pavement, striping, signage, lighting, drainage facilities, and other improvements.
• Following completion of restoration, the parking lot will automatically revert to public parking use and the City’s rights and obligations under the lease will resume.

The proposed Letter of Agreement allows the Church to accommodate construction staging needs associated with the Vista Verde project while ensuring that the City’s longterm public parking asset is preserved. The agreement also ensures that the City will receive the full duration of the original lease term and that the premises will be restored before returning to public operation.

The proposed Letter of Agreement is included as Exhibit A to the Resolution No. 15-26 for City Council consideration.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

Item F.3
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3. Community Engagement and Education
e. Develop a communication strategy around housing element implementation.

ATTACHMENTS:

A. Resolution No. 15-26
Respectfully Submitted by,
Cole Haselip, Assistant to the City Manager
Approved By:

Linda Smith, City Manager
Item F.3
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RESOLUTION NO. 15-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH ORINDA COMMUNITY CHURCH, INC. REGARDING TEMPORARY USE OF THE COMMUNITY PARKING LOT AT 10 IRWIN WAY
WHEREAS, the City of Orinda (“City”) and Orinda Community Church, Inc. (“Church”) entered into a Community Parking Lot Lease Agreement dated February 21, 2012, concerning the 10-space community parking lot located on Church property at 10 Irwin Way, Orinda, California (“Premises”); and
WHEREAS, the community parking lot was completed on or about November 21, 2014, and the Lease term commenced thereafter for an initial period of twentyfive (25) years; and WHEREAS, pursuant to the Lease Agreement, the Premises are operated as a public parking lot and maintained by the City; and
WHEREAS, the Church has requested the temporary return of the Premises for a limited period of time so that it may prohibit public parking and allow Church staff to park in the lot while the Church’s staff parking lot is used for construction staging associated with the Vista Verde construction project; and WHEREAS, the City and Church have prepared a Letter of Agreement that temporarily pauses the City’s rights and obligations under the Community Parking Lot Lease for a defined Temporary Use Period of approximately two years, during which time the Church will assume responsibility for the Premises; and WHEREAS, the Letter of Agreement further provides that the Lease term will be extended by a period equal to the Temporary Use Period and that the Premises will be restored to its prior condition before returning to public parking use; and WHEREAS, the City Council has reviewed the draft Letter of Agreement attached hereto as Exhibit A and finds that entering into the agreement will facilitate nearby construction activity while preserving the City’s long-term public parking rights.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orinda does hereby authorize the City Manager to execute the Letter of Agreement, attached as Exhibit A, in a form approved by the City Attorney, and to take any administrative action necessary to implement the Agreement.

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on April 21, 2026 by the following vote:

Item F.3
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2 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________
Brandyn Iverson, Mayor
ATTEST:
_________________________
Sheri Marie Smith, City Clerk

Item F.3
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3 EXHIBIT A

COMMUNITY PARKING LOT LEASE LETTER OF AGREEMENT
This letter of agreement (“Agreement”) made in association with the Community Parking Lot Lease is made and entered into as of __________, 2026, by and between the City of Orinda (“City”) and Orinda Community Church, Inc. (“Church”), collectively referred to as the “Parties.”

RECITALS
WHEREAS, the Parties entered into a “Community Parking Lot Lease Agreement” dated February 21, 2012 (“Lease”), concerning the 10-space Community Parking Lot located on Church property at 10 Irwin Way, Orinda, California (“Premises”); and
WHEREAS, the Community Parking Lot was completed on or about November 21, 2014, and the Lease term commenced thereafter for an initial period of twenty-five (25) years; and
WHEREAS, pursuant to the Lease, the Premises are operated as a public parking lot and maintained by the City; and
WHEREAS, the Church has requested the temporary return of the Premises for a limited period of time so it can prohibit public parking and direct Church staff to park in the lot while the Church’s staff parking lot is used for construction staging in connection with the Vista Verde construction project; and
WHEREAS, the City is willing to temporarily pause its rights and obligations under the Community Parking Lot Lease, provided that the Lease term is extended by a corresponding period and the Premises are restored to their prior condition at the conclusion of such temporary use; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

AGREEMENT

1. Temporary Exclusive Use
Notwithstanding any contrary provision in the Lease, the Lease term shall be paused and possession of the Premises shall be temporarily returned to the Church for a period of 24 months, commencing June 1, 2026 and expiring June 1, 2028 (“Temporary Use Period”).

Item F.3
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4 During the Temporary Use Period, the City will have no rights or obligations relating to the Premises, which shall not operate as a public parking lot, and the Church may utilize the Premises as it deems fit, subject to compliance with all applicable laws, permits, and approvals.

2. Extension of Temporary Exclusive Use Period
The City and the Church may, upon mutual written agreement, extend the Temporary Use Period for up to two (2) additional periods of six (6) months each (each, an “Extension Period”); provided, however, that any such Extension Period shall be based on delays in the Vista Verde construction project described in the recitals above.

Any extension shall be agreed to in writing by both parties prior to the expiration of the then-current Temporary Use Period or Extension Period, as applicable.

During any Extension Period, all terms and conditions applicable to the Temporary Use Period shall remain in full force and effect.

3. Extension of Lease Term
The 25-year initial term of the Lease shall be extended by a period equal to the length of the Temporary Use Period, which shall include any Extension Period agreed upon by the parties. The new expiration date of the Lease shall be automatically adjusted to reflect such extension.

4. Maintenance and Restoration
During the Temporary Use Period, the Church shall be solely responsible for all maintenance, repair, and upkeep of the Premises.

Upon expiration of the Temporary Use Period, the Church shall restore and return the Premises to the City in a condition equal to or better than its condition immediately prior to commencement of the Temporary Use Period, reasonable wear and tear excepted. Restoration shall include, at a minimum, pavement condition, striping, signage, lighting, drainage facilities, and all other improvements existing at the start of the Temporary Use Period.

If the Church fails to complete such restoration within a reasonable time following expiration of the Temporary Use Period, the City may perform the necessary work and the Church shall reimburse the City for all reasonable costs incurred.

Item F.3
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5 The Church shall be solely responsible for any claims, damages, or liabilities arising out of its use of the Premises during the Temporary Use Period and shall defend, indemnify, and hold harmless the City to the fullest extent permitted by law.

4. Reinstatement of Public Operations
Upon expiration of the Temporary Use Period and completion of required restoration, the Premises shall automatically revert to public parking use and the City’s rights and obligations under the Lease shall resume without further action by the Parties.

5. Ratification
Except as expressly included herein, all terms and conditions of the Lease shall remain in full force and effect and are hereby ratified and confirmed.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ORINDA
By: __________________________
Name:

Title:

Date: _________________________
ORINDA COMMUNITY CHURCH, INC.

By: __________________________
Name:

Title:

Date: _________________________
Item F.3
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: April 21, 2026
SUBJECT:

Award Professional Design Services Contract for Highway Safety Improvement Program (HSIP) Projects to Advanced Mobility Group (AMG)
EXECUTIVE SUMMARY:

RECOMMENDATION:

BACKGROUND:

The City of Orinda successfully secured funding for four Highway Safety Improvement Program (HSIP) projects to implement targeted safety enhancements at high-priority locations throughout the City. These projects aim to reduce traffic collisions, improve pedestrian and bicyclist safety through data-driven, context-sensitive design solutions.

The total estimated project cost is $1,431,400, of which HSIP funding is $1,102,403. As federally funded projects administered through the State, all work must comply with applicable requirements, including the Manual on Uniform Traffic Control Devices (MUTCD), Americans with Disabilities Act (ADA), Federal Highway Administration (FHWA) HSIP guidance, Caltrans Local Assistance Procedures and other applicable regulations.

To advance project delivery, the City issued a Request for Proposals (RFP) on February 4, 2026, seeking a qualified consulting firm to provide professional engineering services, including traffic analysis, roadway design, field investigations, preparation of Plans, Specifications, and Estimates (PS&E), and bid and construction support. Firms with proven experience in federally funded transportation projects and effective safety improvement implementation were specifically encouraged to apply.

Item F.4
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DISCUSSION:

On March 5, 2026, the City received six (6) proposals in response to the RFP. Staff reviewed and scored each proposal based on qualifications, relevant experience, project understanding, and proposed approach. These firms submitted proposals: Minagar & Associates, Inc.; Advanced Mobility Group (AMG); Interwest Consulting; TJKM; CSWST2; and Sandis.

Following the initial evaluation, the two (2) highest-ranked firms, Advanced Mobility Group (AMG) and TJKM were invited to participate in interviews. Interviews were conducted on March 25, 2026, and provided an opportunity for the firms to further demonstrate their technical expertise, project approach, and familiarity with HSIP requirements.

Based on the combined evaluation of written proposals and interview performance, AMG was ranked as the most qualified consultant and received the highest overall score.

Staff met with AMG to review the proposal for services and has established a fee of $398,880. Staff determined that this negotiated amount is fair, reasonable, and appropriate for the scope of services to be provided. As with other professional services contracts, billing is based on time and materials actually expended.

The scope of work for this contract includes preparation of three complete PS&E bid packages addressing: (1) stop-controlled intersection safety improvements; (2) enhanced roadway delineation; and (3) pedestrian and bicyclist safety enhancements. In addition, the consultant will prepare one comprehensive Citywide Safety Assessment and Technical Report, including a GIS-based inventory of traffic signs and pavement markings across approximately 123 roadway miles.

The work will include field investigations, crash data analysis, and prioritization of safety improvements; preparation of construction-ready plans, specifications, and engineer’s cost estimates; and development of GIS deliverables compatible with the City’s existing systems.

All deliverables will be fully compliant with HSIP and Caltrans Local Assistance requirements and will be suitable for agency review, bidding, and construction.

FISCAL IMPACT:

CIP Project No. 4185 is budgeted for $1,431,400 in the current two-year budget.

Therefore, there is sufficient funding for the cost of the proposed, plus contingency, which would amount to a total of $458,712. The project is funded by $328,800 from Fund 200 (Gas Tax) and $1,102,430 from the HSIP grant.

STRATEGIC PLAN INITIATIVE:

Item F.4
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2.d – Focus on capital projects that enhance circulation, mobility, and transportation and improve road safety overall.

ATTACHMENTS:

A. AMG Professional Services Contract (including Proposal) Prepared by: Ha Nguyen, Senior Engineer
Respectfully Submitted by,
Scott Christie, Public Works Director
Approved By:

Linda Smith, City Manager
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1 CITY OF ORINDA

SERVICES CONTRACT
Advanced Mobility Group (AMG) (“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 Professional Design Services for the City of Orinda Highway Safety Improvement Program (HSIP) Projects. b. Provider is qualified to provide these services and is willing to provide the/m 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 (proposal submitted 3/5/26) and in Exhibit B (cost proposal dated 3/31/26), which are attached to this agreement and incorporated by this reference. Provider agrees to perform these services diligently in accordance with the standards of its profession and to City’s satisfaction. Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in this agreement.
b. The parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services. c. Provider shall assign only competent personnel to perform services pursuant to this agreement. Provider shall notify City in writing of any changes in Provider’s staff assigned. City may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the City makes such a determination, Provider shall replace such person immediately.

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

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2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed no later than March 31, 2027, and in accordance with . Provider must deliver the services according to the Schedule of Performance provided in Exhibit A.
d. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit B, based on actual costs, not to exceed a maximum contract price of $398,880 for satisfactory performance of the services under this agreement.
b. Provider shall bill City on a monthly basis for work done in the preceding month. Provider’s project manager shall review and sign the invoice. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly.
c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.
a. Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee, partner, joint venture, or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider is solely responsible for the means and methods of performing the services under this agreement and for the persons hired to work under this agreement. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of Item F.4
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3 compliance upon request. Provider is not entitled to health benefits, worker’s compensation, or other benefits from the City.
b. Provider is solely responsible for the payment of employment taxes incurred under this agreement and any similar federal or state taxes. Provider and any of its employees, agents, and subcontractors shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Provider shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Provider’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Provider. Should any court, arbitrator, or administrative authority, including but not limited to the Internal Revenue Service or the State Employment Development Division, determine that Provider, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Provider agrees to a reduction in amounts payable under this agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this agreement are not greater than they would have been had the determination not been made.

6. Conflict of Interest.

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

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

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

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

8. Assignment; Subcontracts.

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

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

9. Licenses.

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

10. Insurance Types and Limits.

Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than __$1,000,000__ per occurrence. If a general aggregate limit applies, either the general Item F.4
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5 aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ Compensation insurance will not be required if Provider furnishes to City a written verification that it has no employees. d. Professional Liability (Errors and Omissions) Insurance appropriate to the Provider’s profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

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

11. Additional Insurance Requirements.

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

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

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

12. Verification of Insurance.

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

Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require Item F.4
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7 complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

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

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

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

The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

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

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

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8 c. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.

16. Notices.

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

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
Advanced Mobility Group (AMG)
3003 Oak Road, Suite 100
Walnut Creek, CA 94597

17. Litigation.

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

18. Waivers.

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

19. Modification.

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

20. Severability.

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

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

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

22. Entire Agreement.

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

23. Governing Law and Venue.

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

24. Authority to Enter Agreement.

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

25. Successors and Assigns.

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

26. Headings and Construction.

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

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

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10 City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Advanced Mobility Group (AMG)
__________________________________
Date
___Vice President _
Printed Title
___Joy Bhattacharya, PE, PTOE,
Printed Name
Attachments:

Exhibit A, Proposal Documents: Scope of Services, submitted 3-5-26 Exhibit B, Cost Proposal, dated 3-31-2026
Exhibit C, Evidence of Insurance: Certificates, Endorsements and Policy Language Item F.4
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11 Exhibit A
Proposal Documents: Scope of Services & Schedule
(pages attached)
Item F.4
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Proposal to Provide
Professional Design Services for the
City of Orinda Highway
Safety Program (HSIP)
Projects
City of Orinda | March 5, 2026
Item F.4
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TABLE OF CONTENTS
1 Cover Letter............................................................................................................................... ii 2 Project Understanding.............................................................................................................. 1 3 Work Plan Approach and Schedule ..........................................................................................2 4 Staff Plan: Experience, Qualifications, and References ..........................................................6 5 Resumes ...................................................................................................................................11 6 Acknowledgement of City Consultant Agreement and Certification of Insurance Requirements.......................................................................................................................... 12 Redefining Mobility
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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page ii 1 Cover Letter
March 5, 2026
Attn: Ha Nguyen, Senior Civil Engineer
City of Orinda
22 Orinda Way
Orinda, CA 94563
Reference: Proposal to Provide Professional Design Services for the City of Orinda HSIP Projects Dear Ha Nguyen,
Advanced Mobility Group (AMG) is pleased to submit our Proposal to provide Professional Design Services for the City of Orinda HSIP Projects.

Experience and Capability
Our local communities rely on transportation/traffic engineering industry professionals to design safe, efficient roadway systems that can accommodate a robust community with rapidly evolving needs.

Here at AMG, we have extensive experience and are especially versed in the review of resources, evaluation of project sites, data collection, post construction maintenance, preparation of conceptual designs, and discussions with stakeholders and the public.

We have over 30 years of experience in transportation engineering and design projects in the Bay Area and are well versed in the workflow for similar projects. Our understanding and breadth of experience will help to streamline the process, saving you time and worry. Our work alongside local cities frequently results in return clients for our services and more. We currently serve as the on-call traffic engineering firm for the City of Orinda, which makes us very familiar with the City’s local needs.

Project Management Expertise
Our project management expertise stems from our senior consultants’ experience in managing complex public-sector transportation projects and programs. Our approach is to partner with Agency staff, working as an extension of our client’s staff in all aspects of project delivery. Our team assists with forming partnerships in early adoption of proven transportation solutions and intelligent infrastructure. Our services cover all aspects of innovative solution deployment and carry the projects through operations and maintenance. Our engineering professionals serve public sector clients throughout California and have performed key work on projects across the nation. Our team of traffic engineering professionals is ready to tackle any technical and managerial challenges faced by the City of Orinda staff.

Each team member is dedicated to completing high-quality work on schedule and within budget.

Keeping your projects moving forward seamlessly involves close coordination with team members, especially your key personnel. We have put together a comprehensive transportation engineering team. I, Joy Bhattacharya, will serve as the Principal-in-Charge. With over 35 years of experience providing similar design services throughout Northern California, I am also the project manager for our current on-call contract with the City of Orinda. Under my leadership, AMG is committed to maintaining open communication, exceeding project objectives, and upholding the highest standards of quality assurance.

Chris Higbee will lead the team as the Project Manager. With over 10 years of experience providing design and professional engineering services, he will serve as the single point of contact, ensuring Item F.4
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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page iii streamlined coordination and delivery of services to meet the City of Orinda’s needs. Chris will be supported by other experts that meet the requirements of the project. We have compiled the best team of engineers that can support and deliver this project on time and within budget.

Our Abilities in Engineering, Planning, and Public Works Projects Our team delivers end-to-end, high-value design, planning, and implementation support across the full transportation system’s lifecycle to support our clients in advancing the City’s resilient mobility solutions. Our team brings a robust portfolio in Traffic Engineering, Transportation Design, GIS, and Innovative Technology Solutions for public works projects.

AMG has teamed with Blue Dome for
Project #4 to use advanced technology
to complete the citywide sign and
pavement marking assessment. Blue
Dome’s AI platform processes video
captured by off-the-shelf devices to
inventory, classify, track and help create
a citywide inventory of signs and
pavement markings. This technology has
been proven, and it is being used by
Caltrans, City of San Carlos, and many other Bay Area cities. The recorded video can be used in the future to get more details for pavement management, drainage locations, etc.

Familiarity with Local, State, Regional and Federal Procedures Our knowledge of current local, state, regional and federal funding policies and procedures and forward-facing mindset provide flexibility and responsiveness for the changing requirements and demands. Our team is skilled in the requirements for authorization of newly programmed funds, developing reimbursement claims, budget development, audit assistance, financial analysis, and overall compliance with federal requirements. AMG possesses extensive familiarity with State policies, has been involved with multiple federally funded projects and is very familiar with the Caltrans Local Assistance Program Guidelines (LAPG) and Procedures Manual (LAPM).

In summary, the following are the highlights of our proposal and the reasons we stand apart and are qualified to perform transportation planning and engineering consulting services for the City of Orinda:
 We have successfully completed multiple projects in Orinda, including Signal System upgrade project, multiple traffic study and design projects, making us familiar with working the City of Orinda’s local improvements. I have served as the on-call traffic engineering consultant for the City of Orinda since 2006, completing my 20 years of service this year.  We have assembled the most qualified people, possess the resources available to offer the services listed in the RFP, and have a clear understanding of project requirements. Work will be completed from our local office in Walnut Creek, and we guarantee that our quality products will always be delivered on time.
 Our ability to proactively manage projects and act as extended City staff as needed is proven by our consistent and numerous clientele for safety and design projects.  We don’t just engineer projects—we help you secure the funding to build them. AMG has won over $330 million in competitive state and federal funding for mobility projects.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page iv  When you work with the AMG team, you work with local people who truly enjoy what they do: assisting communities in which they live, work and play.

We understand the contract form and have no conflict-of-interest provisions. We have prepared a timeline, and our insurance is complaint with the specifications of this contract and project.

AMG is not aware of any recent, current, or anticipated contractual obligations which will pose a potential conflict with the work needed on this project. AMG does not have any exceptions to the contract terms or insurance requirements set forth in the Request for Qualifications (RFQ). As the consultant, I will verify the proposal before submission to ensure it is both accurate and fully compliant with the requirements outlined in the RFQ. I acknowledge that I have reviewed the city’s standard agreement attached to the RFQ and, if awarded, I agree to sign the agreement as presented. No conflict of interest exists.

Thank you for the opportunity to partner with the City of Orinda. We look forward to contributing to your transportation initiatives and enhancing mobility across your community. Should you have any questions, please do not hesitate to contact me directly at (415) 688-0024 or via email at [email protected].

Sincerely,
Joy Bhattacharya, PE, PTOE | Vice President
Advanced Mobility Group (AMG)
3003 Oak Road, Suite 100
Walnut Creek, CA 94597
[email protected]
Advanced Mobility Group FEIN: 82-3883515
Item F.4
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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 1 2 Project Understanding
AMG understands that the City of Orinda has acquired grant funding through the Highway Safety Improvement Program (HSIP) for stop-controlled intersection safety (Project #1), improved roadway delineation (Project #2), non-vehicular intersection crossing safety (Project #3), and signs and markings inventory and assessment (Project #4). The final packages produced by AMG will include three PS&E bid packages for Projects #1, #2, and #3; and one comprehensive Citywide safety assessment, GIS mapping of inventory, and technical report for Project #4.

AMG is well-versed in preparing HSIP funded PS&E packages and has successfully completed several of these projects over the years. AMG has a thorough understanding of all aspects of the process. Our team can provide the City with all services necessary to complete these projects, including, but not limited to, project management, preliminary and final engineering, and asset management. Additionally, AMG has successfully assisted clients in managing the LAPM procedures applied to State funded HSIP projects, including, but not limited to, environmental clearance, funding authorization, and public-interest-finding.

The projects will require coordination with the City to ensure schedules and critical deadlines are met, and field verification is a crucial element to preparing PS&E packages.

TYPICAL PROJECT MANAGEMENT & APPROACH
Project management and quality assurance are the key to the success of any project. AMG has assigned Chris Higbee for this role since he has managed similar projects for various jurisdictions including Alameda, Hayward, Concord, Tracy, Perris, and others. AMG staff have been trained in an established Project Management Framework, which identifies the critical tasks that help the Project Team manage risks and quality in every project. The project management framework is followed by all projects conducted by AMG. The PM Framework is organized based on the four stages of project management:

Initiate, Plan, Control, and Close-Out. This framework establishes the organization, management, and control of all aspects of a specific project throughout its duration, from initial concept to final handover of deliverables. AMG’s track records show that we have successfully delivered the final product that has achieved the Client’s objectives with respect to:
 Successfully fulfilling the predetermined scope, function, and quality requirements.  Completion within the approved schedule; and
 Completion within the approved budget.

Our assigned project manager will serve as the sole point of contact between AMG and City of Orinda.

The project manager will be responsible for bringing the experts and the resources to provide the services desired by City of Orinda. We understand that effective communications with clients and the team can make all projects meet the original goals of the project. Chris has been involved with similar assignments and has shown his communication skills of effectively communicating and understanding the requirements and relaying them back to his team to achieve the overall goals of the assignment.

All the above-mentioned elements determine the overall success of any project. AMG’s experience, project management framework, ample engineering resources, and hands-on project management will assist City of Orinda to complete the projects as part of this contract.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 2 3 Work Plan Approach and Schedule
Task 1 Project Management, Schedule and General Services Task 1.1 – Project Management and Coordination
Our proposed Project Manager will serve as the primary point of contact for the City of Orinda, coordinate regularly with City staff, utility providers, and project stakeholders to achieve the project goals, and monitor budget and schedule to ensure timely submission of deliverables. AMG will attend a Kick-Off meeting with City staff to initiate the project, establish points-of-contact, review critical path items and overall schedule, identify standards, guidelines and expectations for the project, and clarify preferred and recommended project approaches.

AMG will work with City staff to establish recurring monthly meetings. From the multitude of design projects AMG has completed, monthly meetings have proven to be effective in maintaining project schedule and keeping City Staff in-the-loop about project progress. These meetings would also be utilized as Deliverable Review Meetings after City comments are received for each submittal. This approach allows AMG to review comments and identify critical elements or items prior to discussion with City Staff. AMG has effectively used this approach and observed a significant improvement in efficiency with a reduced number of meetings and focus on critical elements that need clarification.

AMG will attend pre-bid meeting(s) after completion of the design stage to answer questions and provide clarification for contractors. Once a contractor is selected, AMG will also attend a preconstruction meeting to establish points-of-contact for any questions that arise during construction.

AMG will coordinate with meeting attendees to find a compatible time and date that works for everyone, help facilitate the meeting, and document action items identified.

Task 1.2 – Project Schedule
Based on the tentative schedule identified in the RFP, AMG will be completing Project #1, Project #2, and Project #3 for advertisement by October 2026. AMG will strictly adhere to deliverable dates and review times. AMG anticipates 30% submittal in mid-July, 65% in mid-August, 90% in early September, 100% in late September, and Final in mid-October. This tentative schedule assumes 10-day review periods for earlier and 5-day reviews for later benchmarks.

In conjunction with the design efforts, the Technical Report will be submitted at Draft (Deliverable #3) and Final (Deliverable #5) benchmarks in September and October, respectively.

A detailed project schedule outlining all project elements, deliverables, and deadlines will be prepared after the Kick-Off meeting.

Task 2 Data Review, Field Investigations, Preliminary Engineering, and Design Development Task 2.1 – Data Review and Field Investigations
AMG will coordinate with City staff to receive all data previously collected and available record information for all project locations to verify and identify differences with existing conditions as identified during field investigation. Field verification of the City’s roadway network will include a combination of spot-location, in-depth review for design project elements in addition to a comprehensive video-based documentation of the City’s approximately 123 miles of roadway.

Project #1, Project #2, and Project #3 Field Investigation For PS&E efforts, AMG staff will review each project location, area or roadway (as applicable), and evaluate and collect relevant data to inform the design process as related to stop-control intersection safety and enhancement, vehicular safety and awareness, and pedestrian and bicycle safety and access.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 3 Field review of each location will document key elements related to the proposed improvements, including, but not limited to, sight visibility, roadway curvature, ADA curb ramps, roadway striping and signage, etc.

Notes regarding field review observations and geolocated photos will be provided to the City as part of the 30% Plans submittal (Deliverable #1) for each PS&E project.

Project #4 Field Investigation
AMG has teamed up with Blue Dome to document the City’s existing sign and delineation inventory.

Blue Dome will conduct a comprehensive data collection of all project elements to create inventory records in a format compatible with ArcGIS and in accordance with the latest edition of the CA MUTCD.

The inventory will include every sign located in the City- and privately- maintained streets and roads, including MUTCD signs and other guide or directional signs, floppy signs/yield to pedestrians, speed feedback signs, double-sided signs, pedestrian crossing signs, delineators, speed humps, raised crosswalks, raised intersection pavement marking lines, arrows, symbols, words, crosswalks, yield lines, stop bars, parking “T’s”, in-roadway lights, and other traffic markings throughout the City.

Data gathering will utilize high resolution georeferenced cameras mounted on a data collection vehicle.

Videos will be taken by driving each direction of all City streets, and cameras will also capture signs running parallel to the driving direction. Additionally, a retroreflectivity assessment for each identified sign will be conducted using the retroreflectivity level in accordance with the latest edition of the FHWA publication “Maintaining Traffic Sign Retroreflectivity.” Video data processing will rely on Blue Dome’s AI platform which will provide GIS datasets for street signs (including object markers) and pavement markings (including speed bumps/cushions and rumble strips). The datasets will adhere to the Schema identified in the RFP.

Task 2.2 – Safety Countermeasure Refinement
AMG will review each countermeasure identified in the respective HSIP applications for applicability and validity. This review will ensure the proposed improvements are appropriately and properly implemented for each project site. Project elements will be designed to account for observed field conditions and comply with MUTCD, CA MUTCD, ADA, and FHWA standards and guidance.

Summary of findings will be included in the Final Technical Report (Deliverable #5).

Task 2.3 – Design of Signing, Striping, and Traffic Control Features All signing, striping and traffic control improvements will be detailed in each PS&E deliverable to be consistent with Caltrans Highway Design Manual (HDM), CA MUTCD, AASHTO Green Book, ADA guidelines, and HSIP guidance.

Under this task, AMG will prepare any environmental clearance and right-of-way documentation necessary to progress the project. PS&E projects will include layout sheets for RRFBs, flashing beacons, pushbutton assemblies, posts, foundations, conduit routing, warning signage, crosswalk markings, or any other traffic infrastructure/striping necessary to provide a fully functioning system as envisioned to meet project goals.

Task 2.4 – Electrical and Civil Design
All design elements will be included on detailed electrical or civil design sheets, including, but not limited to, solar-powered or hardwired beacon systems, conduit routing, controller details, junction boxes, foundations, and pole elevations, minor civil improvements such as curb ramps, sidewalk infill, and drainage adjustments required for construction.

Based on the proposed improvements included in the applications, AMG does not anticipate any utility conflicts or relocations as a result of the project. However, if utility conflicts are suspected during Item F.4
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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 4 preliminary design, AMG will coordinate with the City, PG&E, or any other utility providers for mapping and potential relocation within the work influence zones.

Task 2.5 – ADA Evaluation and Upgrades
AMG will evaluate pedestrian access infrastructure at each improvement location and provide ADAcompliant design solutions where needed. This task will identify ADA deficiencies at curb ramps, landings, slopes, crosswalks, and pedestrian access routes as well as prepare ADA-compliant design details necessary to support proposed safety enhancements.

Task 2.6 – Prioritization & Phasing
AMG will prepare a phased implementation plan based on safety and funding and rank individual improvements based on priority. Summary of project prioritization and phasing will be included in the Final Technical Report (Deliverable #5).

Task 3 Plans, Specifications, Estimates (PS&E) and Technical Report Task 3.1 – Plans, Specifications, and Estimates (PS&E) for Project #1, Project #2, and Project #3 AMG will prepare one (1) complete PS&E bid package to identify all improvements according to the HSIP grant application for each project. Upon review of the approved applications, AMG will identify the best approach to meeting the grant commitments while maximizing the safety benefits of proposed enhancements.

Design submittals will be circulated for City review and comment at 30%, 65%, 90%, 100%, and Final benchmarks. The design plans will be produced in AutoCAD format using aerial imagery as a base map for each project location. Designs will be in accordance with Caltrans design standards, CA MUTCD guidelines, and the City of Orinda’s current design standards.

Design plans will meet project objectives and address known constraints. The plan sets will include design sheets detailing installation of project improvements as determined through field evaluation, assessment, and countermeasure refinement.

After the City’s review of each percentage benchmark, AMG will prepare a response document based on review comments. AMG will prepare the subsequent design submittal incorporating all comments received.

After the City’s review of the 100% submittal, AMG will make any minor revisions necessary to prepare the Final Plans.

The Final Plans will be signed by a licensed professional engineer in the State of California and provided to the City in electronic format.

Deliverable #1: 30% plans, preliminary cost estimate, field notes, and geolocated photos (Projects #1 - #3) Deliverable #2: 65% plans, specifications, and cost estimate (Projects #1 - #3) Deliverable #3: 90% plans, specifications, and cost estimate (Projects #1 - #3) Deliverable #4: 100% Bid Package (Projects #1 - #3)
Task 3.2 – Technical Report for Project #4
AMG will prepare a Citywide Sign and Pavement Marking Technical Report and associated GIS dataset relying on the field investigation efforts conducted under Task 2.1. The report will summarize the inventory methodology, citywide assessment results, identification of safety and compliance deficiencies, prioritization and evaluation for Project #1, Project #2, Project #3, and Project #4, recommended phased implementation strategy, and a detailed description of the GIS data structure, attributes, and metadata.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 5 Deliverable #3: Draft Technical Report (Project #4)
Deliverable #5: Final Technical Report and GIS Dataset (Project #4) Task 4 Caltrans Submission Support Services
AMG will support the City in submitting all documentation to Caltrans through the LAPM standard procedures to ensure all project requirements are satisfied. Throughout the Caltrans review process, AMG will be available to the City to update, revise, refine, or manage any adjustments needed to obtain final approval for the projects to move forward to bidding and construction in accordance with federal and state requirements. Support will be provided for Preliminary Review, Comment Resolution and Revisions, and Final Approval (PS&E Approval).

Task 5 Bidding and Construction Phase Support Services
AMG will answer bidder’s questions and provide clarifications to the bid documents during the bidding process. Specifically, we will assist the City as follows:
- Answer contractor bid questions and requests for information/clarification (RFI) of the design and/or construction documents.
- Attend the pre-construction meeting.
- Prepare addenda, as needed
- Answer contractor’s RFIs. AMG will provide clarifications and respond to contractor’s questions during the construction phase, as needed. We will make changes to the design plans to address any design changes needed. We will review and respond to contractor’s RFIs during construction within three working days.
- Assist the City inspector with specific design issues during construction. - When requested by City staff, AMG will attend meetings to answer design questions and clarify design elements.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 6 4 Staff Plan: Experience, Qualifications, and References CONNECTED +

AUTONOMOUS

VEHICLES
PROGRAM +

PROJECT

MANAGEMENT

INTELLIGENT

TRANSPORTATION

SYSTEMS

TRANSPORTATION
DEMAND

MANAGEMENT

TRAFFIC
ENGINEERING +
DESIGN
EXPRESS LANES +

CONGESTION

PRICING
Advanced Mobility Group (AMG) is a California Corporation and certified Small Business Enterprise (SBE), established in 2018 to provide specialized innovative transportation services to our clients. Our group assists with disruptive technologies to empower the private and public sector in early adoption of proven advanced transportation solutions and intelligent infrastructure.

AMG is staffed by a 40+ member team with offices located in Walnut Creek and San Francisco. Our engineering professionals serve public-sector and private clients throughout California and have performed key work on projects across the nation.

Work on this contract will be performed from our Walnut Creek Office in Contra Costa County.

Our team of transportation professionals offers a wide range of services that address clients’ needs throughout the duration of a project’s life cycle from planning to operations and
maintenance – including permitting assistance, programming, public engagement, conceptual and final design, schedule analysis, technical services, procurement services, project delivery, construction support, dispute/claims resolution, systems integration, revenue generation, and ongoing
infrastructure management.

As a vested partner in our community, we connect to projects on a personal level to advance the quality of life in communities across the region.

The project team can accept the terms of the contract and have the required insurance or can acquire insurance that meets the minimum standards.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 7 Our team of transportation professionals
offer a wide range of services that
address clients’ needs throughout the
duration of a project’s life cycle from planning to
operations and maintenance – including
permitting assistance, programming, public
engagement, conceptual and final design, schedule
analysis, technical services, procurement services,
project delivery, construction support,
dispute/claims resolution, systems integration,
revenue generation, and ongoing infrastructure
management. As a vested partner in our
community, we connect to projects on a personal
level to advance the quality of life in communities
across the region.

AMG’s Traffic Engineering Group provides traffic
engineering design and construction support
services, staffed primarily from our Walnut Creek
office. AMG is a progressive and innovative firm
staying a step ahead of emerging trends in
transportation. AMG experts are quick to adapt to
emerging trends and guide these trends with
people, policies, and smart adoption, shaping our
proven strategic approach with rigor and vision. Our
experts understand the data that transit agencies
rely on and review to make informed decisions when
managing the transit network. We have helped our
clients with a data-driven approach to optimizing,
restructuring, and delivering transit services. Our
transit planning expertise is supplemented with our
knowledge of ITS, Electric Vehicle (EV) planning and
readiness; connected and smart communities, and
CAV, and innovative cloud-based application
solutions, like Transit Signal Priority and Connection
Protection, within the transportation/transit sector.

AMG staff are experts in assisting with funding the
next generation of transportation infrastructure and
programs by building a coalition of private and
public partnerships.

For more information about our team and recent
innovative projects please visit our webpage at
www.amobility.com.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 8 Resumes of key personnel will be included in Tab #5.

Joy Bhattacharya, PE, PTOE | Principal in Charge (CE #68928)  Intelligent Transportation Systems (ITS), HSIP, PS&E, and on-call experience
 Managed more than 200 projects throughout the Bay Area  Proven leader throughout his 30+ year career
 MS, Transportation Engineering - University of Tokyo, Tokyo, Japan  BS, Civil Engineering - Indian Institute of Technology, Kharagpur, West Bengal
Chris Higbee, PE | Project Manager (CE #88285)
 Extensive HSIP project PS&E experience
 Numerous projects enhancing and promoting pedestrian and bicycle safety  Designed innovative bicycle and pedestrian infrastructure throughout Northern California
 BS, Civil Engineering - Cal Poly State University, San Luis Obispo Ryan Sabiniano | Design Lead
 10 years of civil design AutoCAD experience. Proficient preparing engineering blueprints in AutoCAD 2D, AutoCAD 3D and Autodesk  ArcGIS and 3-GIS; including electrical network and land base data  Strong understanding ROW and land grids mapping for ROW documents  California Manual on Uniform Traffic Control Devices (CA MUTCD) experience
 BS, Civil Engineering, Technological Institute of the Philippines, Manila, 2011
Devyani Padubidri | GIS Lead
 Active Transportation Planning, Public & Stakeholder Engagement, and Transportation Demand Management
 Multimodal Planning and Complete Street Planning
 Parking Analysis and Geospatial Analysis (GIS)
 MS, Community Planning - University of Cincinnati, Cincinnati, OH, Bachelor of Architecture
Subconsultant: Blue Dome
AI/ML for Visual Inspection
Aging and deteriorating infrastructure costs millions of dollars, reduces economic productivity and puts lives in danger. Roads with cracks and potholes. Signs that can’t be seen or may be missing. The dangers are apparent.

Today, cities, states and counties manually inspect most infrastructure. Large companies provide these services using outdated, labor-intensive technologies. It’s unsafe, inconsistent, infrequent and tedious. Blue Dome changes the paradigm. Blue Dome’s AI platform processes ordinary video captured by off-the-shelf devices to inventory, classify, track and help maintain critical infrastructure. Blue Dome provides that service to its customers, along with pavement and sign reflectivity assessments and many additional features, at higher margin and significantly lower cost than current market participants. All in a more safe, reliable, efficient and helpful AI-driven approach.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 9 Matthew Boog, EIT, IMSA Traffic Signal Technician I
 Retimed 200+ signals to reduce corridor travel times and delay  Familiar with a variety of signal controllers and central management systems
 Extensive in-field experience fine-tuning timing parameters  MS, Civil and Environmental Engineering (Specialization in Transportation Engineering) - University of Nevada, Reno
Jack Benoit, EIT
 5+ years’ experience as Rail Planner/Engineer, working on high-level, system-wide planning projects as well as focused transit infrastructure design tasks
 Traffic Impact Analyses, Traffic Signal Design, and Complete Streets Multimodal Design, AutoCAD, Synchro, ArcGIS, and Microsoft Excel  BS in Civil Engineering, Tufts University
Mohammed Ali Mirza
 Transportation engineering experience in civil design, estimation & cost analysis, traffic control, and traffic impact studies
 Experience in engineering traffic study, signing and striping, traffic control, data collection, traffic signal design and parking studies  MS, Civil Engineering, San Jose State University, San Jose, CA, 2024 Swaroop Patnaik | Project Manager | Blue Dome Tech
✓ On-call + Computer Vision + Imaging Experience
✓ 35+ years of managing large technology solutions
✓ MS Control Systems – SUNY Buffalo, NY; BS, Mechanical Engineering, NIT Rourkela
Tinu Mishra | Systems Lead | Blue Dome Tech
✓ System Analysis
✓ 30+ years of managing large Civil Engineering with Caltrans solutions ✓ MS Geotechnical Engineering, San Jose State University, CA; ME Civil Engineering – MIT, MA; BS, Civil Engineering, University of Maryland, MD

CONSULTANT TEAM
We have carefully assembled a team of professionals with in-depth knowledge and successful experience providing consulting services for numerous HSIP assignments. We bring a high level of commitment, enthusiasm, and background expertise to meet the requirements for providing these services to you. We understand that continuity of staff is critical to successfully completing your upcoming projects. Our team is qualified to complete the project types outlined in the RFQ.

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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 10

EXPERIENCES REFERENCES
City of Concord HSIP Projects:
- Traffic Safety Around Schools (2022)
- HSIP RRFB Crosswalk Enhancements (2025)
- HSIP Citywide Bike Lane Enhancements (2025)
- HSIP Grant/Olivera Traffic Signal Modification
Virendra Patel, TE
City of Concord
Transportation Manager
1955 Parkside Dr, Concord, CA 94519
(925) 791-7672
City of Mountain House HSIP Projects:
- Bikeway Safety Improvements (2026)
- Central Pkwy RRFBs (2026)
Hamid Parsa, PE, QSD
City of Mountain House
Senior Engineer
251 E Main St, Mountain House, CA 95391
(209) 831-5620
City of Perris HSIP Projects:
- Perris Blvd Corridor Project Traffic Signal
Modifications (2023)
- Traffic Signal and Road Safety Improvements
Along Priority Corridors (2025)
Grace Alvarez
City of Perris
Special Project Manager
101 N D St, Perris, CA, 92570
(951) 467-5930
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5 Resumes
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Advanced Mobility Group | [email protected] | P: 415.688.0024

EDUCATION
M.S. Transportation
Engineering/Operations
Research, University of
Delaware, Newark, Delaware,
2001
M. Eng Transportation
Engineering, University of Tokyo,
Tokyo, Tokyo, 1995
B. Tech (hons) Civil, Indian
Institute of Technology,
Kharagpur, West Bengal, 1992

CA REGISTRATIONS
Professional Engineer #68928,
California Board for Professional
Engineers, Land Surveyors, and
Geologists
Professional Engineer #1103,
Professional Traffic Operations
Engineer

INTELLIGENT

TRANSPORTATION

SYSTEMS
 ITS System Review & Needs
Assessment
 Traffic Management Centers
 Traffic Operations
 Knowledge of Existing &
Emerging Transportation
Technologies
 Innovative Congestion
Management Strategies
 Stakeholder Coordination
Joy Bhattacharya P.E., PTOE
Vice President, Innovative Transportation Solutions
Joy is AMG’s Vice President of Innovative Transportation Solutions. He has indepth experience in the development, design and implementation of various engineering strategies in major metropolitan areas, including Adaptive/Responsive Traffic Signal Systems and Transit Priority Systems; Incident Management Plans; design of automated Electronic Toll Collection systems; preparation of PS&E for field implementation of CCTV, Changeable Message Signs, Highway Advisory Radio, Ramp Metering and ATMS systems; and freeway and arterial operations using micro-simulation. Local projects to his credit include the Mountain House ATMS, City of Hayward Adaptive Signal Systems, Webster Street SMART Corridor System, I-80 Integrated Corridor Management, and the Santa Clara VTA Capitol Corridor Transportation Study.

Project Experience
Traffic Improvement Plans and ATSPM Implementation, San Rafael, California (Project Manager). AMG is providing consultant assistance to the MTC to perform the System Engineering services for the City of San Rafael. Joy is the project manager and providing project management and coordination, technical oversight, existing inventory evaluation, and SEMP review services, Additionally, Joy and his team are responsible for identifying user needs to meet the City’s overall goals, objectives, and strategies for the project and preparing the functional requirements, performance requirements, constraints, interface requirements, data requirements, and future requirements for the traffic signal system. Work includes fiber optic schematic plans, fiber splice details, detailed technical specification of materials, equipment, and devices that need to be procured, installed, and tested to establish a communication link over fiber optic networks.

Harding Way Traffic Signal Modification, Stockton, California (Project Manager). This project involved improvements to the intersections of Harding Way/Center Street and Harding Way/El Dorado Street, and to the sections of Harding Way separating and approaching these intersections from the east and west. The proposed project involved roadway improvements, traffic signal modifications, signing and striping modifications, safety lighting, installation of video monitoring system, drainage adjustments, and wheelchair ramp construction at intersections on Harding Way. The signal designs and signing and striping details conformed to the City standards, California MUTCD guidelines, and Caltrans standard plans, specifications and design requirements. Joy led the design effort actively communicating with subconsultants and City staff to provide the final PS&E. Joy provided the construction support for implementation of the design.

Webster Street SMART Corridor Project, Alameda County, Ca. (Project Manager). Joy was as the Project Manager for the Webster Street SMART Corridor Project. The project the developed a TSP system to reduce travel time along five AC Transit lines; designed traffic signal coordination systems along Item F.4
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Advanced Mobility Group | [email protected] | P: 415.688.0024 Webster Street and Constitution Way/Lincoln Avenue; designed a new traffic signal at Webster/Pacific Avenues and signal modifications at five intersections; designed and implemented an Advance(VDS); designed and implemented a CCTV system; and implemented an ATIS.

Design for Route 238 Improvements, Hayward, CA (Project Manager). Joy managed the evaluation and design of an Advanced Traffic Management System with adaptive coordination capabilities. The design plans were completed on a fast-track schedule, and the roadway improvements and signal modifications are now under construction. ITS services for the project included: Developing the ATMS functional requirements: Preparing draft and Final Concept of Operations reports: Analyzing traffic detection and communications requirements and Evaluating adaptive control traffic signal systems and selecting the system that most effectively meets the City’s signal system requirements.

In addition to preparing traffic signal, pavement delineation and signing plans, Joy also designed the detection and fiber optic/copper signal interconnect at 32 intersections. Joy prepared the PS&E for an ATMS that includes layout of the signal interconnect cable from the field traffic signal controller to the control room, SIC wiring and control room layout, and control room detail.

Beyond the Route 238 Corridor Improvements Project the Advanced Traffic Management System will be expanded to most corridors within the city of Hayward in future phases.

Pedestrian Hybrid Beacon Design, Atherton, California (Project Manager). This project involved improvements to the intersection of El Camino Real and Almendral Avenue. The proposed project involved installation of a Pedestrian Hybrid Beacon, safety lighting, and curb ramps to allow pedestrian access to the SamTrans bus stop ECR. Joy led the design of the Pedestrian Hybrid Beacon, signing and striping. He coordinated with subconsultants and Caltrans to deliver the PS&E. This was the first PHB for the City of Atherton. Joy coordinated closely with Caltrans such that the PHB matched with the Caltrans’ design of planned PHBs along El Camino Real. Joy provided construction support during the bid and construction phases.

California Street Traffic Signal Modification, Stockton, California (Project Manager). This project involved improvements to the intersections of California Street /Washington Street and California Street/El Lafayette Street, and to the sections of California Street separating and approaching these intersections from the north and south. The proposed project involved roadway improvements, traffic signal modifications, signing and striping modifications, safety lighting, installation of video monitoring system, drainage adjustments, and wheelchair ramp construction at intersections on California Street. The signal designs and signing and striping details conformed to the City standards, California MUTCD guidelines, and Caltrans standard plans, specifications and design requirements.

Joy led the design to produce the traffic signal plans, specifications and estimate.

Joy was the point of contact and actively communicated with the City of Stockton.

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Advanced Mobility Group | [email protected] | P: 925.393.2291

EDUCATION
B.S. Engineering, California
Polytechnic State University, San
Luis Obispo, CA, 2014
Chris Higbee, PE
Senior Project Engineer
Chris Higbee has 9 years of experience in Complete Streets design and implementation, traffic calming, parking analysis and design, traffic impact analysis, project sequencing, and congestion management. Additionally, he has prepared many transportation policy and planning documents, including development of Pedestrian & Bicycle Master Plans and General Plan Circulation Elements. He uses AutoCAD has knowledge of several computer programs: AutoCAD, AutoCAD Civil 3D, Synchro, Highway Capacity Software, Google Earth Pro and Microsoft Office Suite.

Project Experience

REGISTRATIONS
Professional Engineer #88285,
California Board for Professional
Engineers, Land Surveyors, and
Geologists

TRAFFIC AND

TRANSPORTATION

ENGINEERING
 Complete Streets Design
 Traffic Signal Design
 Roadway Design
 Rectangular Rapid Flashing
Beacons
 Traffic Operations Analysis
 Roads, Signals,
Developments & Land Use
Data Analysis
 Signing and Striping
 Traffic Control
 Project Sequencing
 Engineering Traffic Study
Systemic Safety Analysis Report, Rancho Cordova, CA (Lead Project Engineer). Chris was the lead project engineer in developing the Systemic Safety Analysis Report (SSAR) for the City of Rancho Cordova in 2017, for which he performed field review of five major corridors to assess the existing conditions from a safety perspective. Additionally, he reviewed collision history for each corridor to determine patterns and appropriate targeted countermeasures. He then helped prepare Highway Safety Improvement Program (HSIP) grant applications for the City to gather funding for the recommended improvements.

Lighted Crosswalk Upgrades, Stockton, CA (Senior Design Engineer).

Chris is the lead designer for pedestrian crosswalk enhancements at three uncontrolled locations in the City of Stockton. The project requires the removal of obsolete In-Road Warning Light systems to be replaced with Rectangular Rapid Flashing Beacon (RRFB) systems and traffic signal control. The project is currently under final design stages and is anticipated to begin construction in late 2021/early 2022.

Miner Avenue Complete Streets, Stockton, CA (Senior Design Engineer).

Chris led the design of fiber optic system and signing & striping for a roundabout developed in association with a Complete Streets project in the City of Stockton. The project involved a road diet for Miner Avenue, reducing travel lanes from 4 to 3, and fiber optic communication system implementation to enhance pedestrian and vehicle safety along the corridor. The project is currently under the construction phase and AMG provides as-needed construction support to the City.

SR 238 PS&E, Hayward, CA (Design Engineer). Chris assisted in development of traffic signal designs and modifications, signing & striping, and signal interconnect plan preparations. The project involved a Complete Streets effort to redevelop the streetscape of SR 238 through the City of Hayward and enhance pedestrian and bicycle safety with Class IV bike lanes along the corridor separated from vehicle travel with intermittent median islands and pedestrian facility lighting improvements. Construction was completed in late 2020.

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[email protected] | P: 925-448-4736

EDUCATION
BS, Civil Engineering,
Technological Institute of the
Philippines, Manila, Philippines,
2011
Civil Design CAD

CERTFICATIONS
 Autodesk Certificate
 AutoCAD Level 1
 AutoCAD Level 2
 AutoCAD Level 3
 Civil Cad: Level 1
Ryan Sabiniano
Design Technician
Ryan has 10 years of civil design AutoCAD experience.

Experience
Engineering Associate, Pittsburg, CA
• Proficiency in AutoCAD 2D, AutoCAD 3D and Autodesk
• Strong base skills in ArcGIS and 3-GIS Software
• Ability to perform quality control checks of GIS data • Input electrical network and land base data into GIS and other computer system
• Understand metes and bounds for the mapping of contracts and ROWs • Understand land grids for different states for the mapping of Contracts and ROWs. (Township, Range, Sections, Lots, Blocks & Abstracts) • Develop engineering blueprints and drawings using Auto CAD 2D and 3D. • Ability to read and understand maps, schematics and construction walk out drawings
• Experienced with CAMUTCD (California Manual on Uniform Traffic Control Devices)
• Ability to design Traffic Control.
• Provide quality drawings and review peer drafts
• Knowledge of innovative drafting methods
• Ability to work well independently or collaborate as a member of a team • Good at learning new technologies and has a fast-grasping capacity CableCom, Lead CAD Drafter, Fairfield, CA.
• Proficiency in AutoCAD 2D and Autodesk
• Ability to read and understand maps, schematics and construction walk out drawings
• Experienced with CAMUTCD (California Manual on Uniform Traffic Control Devices)
• Provide quality drawings and review peer drafts
• Ability to work well independently or collaborate as a member of a team • Good at learning new technologies and has a fast-grasping capacity Item F.4
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[email protected] | P: 925.788.5321
Project Experience
City of Hayward, Huntwood Ave & Industrial Pkwy. Traffic Signal Improvement Design Plan Project, Hayward California, (2022). Design Technician responsible for preparing plans, layouts, signing and striping design plans, constructions details designs, and improving traffic signals. Design involves removing pavement markings, removing traffic signs, adding new pavement markings, new traffic signal equipment. The plans meet all Caltrans and local standards for traffic, pavement markings, bicycle markings, VDS camera equipment & traffic signal installations.

City of San Rafael, B Street Two-Way Conversion Design Plan Project, San Rafael California, (2023), Ryan was responsible for designing the B Street twoway conversion. Previously a one-way street, B street was converted to accommodate two-way traffic. The project involved updating traffic signal equipment, pavement markings, parking areas, bike lanes, and traffic signs to meet all Caltrans and City of San Rafael standards. Construction has been successfully completed.

Alameda County, Mission Blvd Transit Signal Priority Project City of Hayward, City of Union City & Caltrans District, (2023-Present), Ryan was responsible for preparing detailed designs based on the city’s As-built plans and conducting field visits to ensure the traffic signals meet the current standards. The plan includes various traffic signal equipment upgrades, such as fiber cable communication, wireless radio communication, video detection camera installations, GPS TSP antennas for bus transit, and updated conduit fill calculations. The construction is currently in progress.

City of Santa Clara, Lick Mill Pedestrian Beacon Upgrade and Monroe St – Los Padres Blvd Traffic Signal Modification Design Plan Project, Santa Clara California, (2024-Present) Ryan was responsible for the curb ramp design, layout, signing and stripping plan, and construction detail plan. The design involved removing and upgrading raised curb medians, designing rectangular rapid flashing beacon poles (RRFB), upgrading ADA ramps, vehicle signal heads, traffic signals, bike lanes, and signal cabinets to meet the standards of the City Santa Clara. The project is currently in its final stages.

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[email protected] | P: 925.330.2669

EDUCATION
M.S. in Civil and Environmental
Engineering (Transportation
Engineering Specialization),
University of Nevada, Reno
B.S. in Civil Engineering,
University of Nevada, Reno

REGISTRATIONS
Engineer-in-Training #185069
California Board for Professional
Engineers, Land Surveyors, and
Geologists
IMSA #148124
Traffic Signal Technician I

TRAFFIC AND

TRANSPORTATION

ENGINEERING
 Signal timing design with
vehicle, pedestrian,
bicycle, or transit
emphasis
 Familiar with a wide
variety of signal
controllers and central
management systems
 Equity and safety through
intersection operation
 Bicycle and pedestrian
exclusive phase timing
design
 SCATS Adaptive and
Time-of-Day coordination
plans design and diagnosis
Matthew Boog, EIT
Traffic Signal Specialist
Matthew is AMG’s Traffic Signal Specialist. He brings 5 years of experience in signalized intersection and arterial operations. He specializes in signalized intersection and arterial timing design, timing implementation, signal controller programming, and diagnosing operational issues.

He always strives to make intersection and corridor operation as safe and equitable as possible using thoughtful and advanced signal timing strategies, such as Transit Signal Priority, innovative phasing options, and speed-limiting coordination bandwidths.

Through Matthew’s involvement in numerous different projects, he has formed a unique and invaluable high-level perspective of how traffic safety can be improved for all road users using international best-practice design and operations.

Experience
City of San Rafael –Designed, implemented, verified, and fine-tuned new coordinated timing plans for seven major corridors in the downtown area, of which all had documented traffic safety concerns. The timing plans directly addressed safety concerns such as speeding vehicles by aligning offsets such that speeding vehicles have to stop at the next signal. Leading Pedestrian Intervals (LPIs) were also implemented which immediately increased pedestrian safety.

City of Hayward – Developed new coordination timing plans for Jackson Street with equity and safety at the forefront. Using reasonable cycle lengths and maximizing through vehicle bandwidth, equity was served by providing reasonable levels of service for non-major phases and pedestrians, despite heavy through volumes during peak hours. This was to reduce the delay experienced by local residents, school children, and vulnerable road users.

City of Union City – Developed the city’s Traffic Signals and Communications Master Plan, which highlighted recommended communications and signal infrastructure upgrades that equitably improve transportation efficiency and safety for all. Performed cost estimates on accessible/audible pedestrian push buttons, ADA, and communication infrastructure improvements.

City of Emeryville – Designed various vehicle and bicycle phasing options and geometry for two closely spaced intersections.

Workshop Lead: “How to Design Livable Streets that are Future Proof and Strengthen Communities” – Guided professionals through an interactive process of redesigning street cross sections at the 2022 ITE International Annual Meeting. Attendees were guided on how to reallocate parking, slow down traffic, and implement protected bicycle infrastructure using the Safe System Approach for many different classifications of streets.

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Advanced Mobility Group | [email protected] | P: 925.507.9934

EDUCATION
M.S. Civil Engineering,
San Jose State University, San
Jose, CA, 2024
B.S. Engineering, Osmania
University, Hyderabad, India,
2022
Mohammed Ali Mirza
Assistant Engineer
Mohammed Ali Mirza has 1 year of experience in transportation engineering including civil design, estimation & Costing, traffic Control, and traffic impact studies. He has extensive knowledge of several computer programs: AutoCAD, AutoCAD Civil 3D, Synchro, Google Earth Pro, Bluebeam and Microsoft Office Suite.

Project Experience

TRAFFIC AND

TRANSPORTATION

ENGINEERING
 Engineering Traffic Study
 Signing and Striping
 Traffic Control
 Data Collection
 Traffic Signal Design
 Parking Study
Assistant Engineer, Advanced Mobility Group, Walnut Creek, CA • Uses AutoCAD to assist in Traffic Signal Design
• Assists in preparing Parking Study
• Assists in design for signage and striping plans
• Completes Level of Service and Queuing reports using Synchro 11 • conduct field visits to gather data required for projects • Assists in the design of traffic calming measures
• Strong skills in Google Earth Pro to assist in project design and impact studies
• Research plans, guidelines, and municipal codes of various local agencies to check compatibility of new projects
• Experience in the preparation of temporary traffic control plans, Traffic Management Plans and identifying Detour routes.

Technician I – Civil, Mott MacDonald, San Jose, CA
• Calculated quantities and then prepared cost estimates for proposed street improvement project involving roundabouts, curb extensions, upgraded traffic signals, landscape, and road diet
• Reviewed construction staging plans, identified detour routes, and created a temporary traffic control plan for a transportation improvement project to minimize traffic delays
• Assisted in preparing a traffic impact study for an improvement project involving 13 study intersections. Performed intersection LOS analysis for existing, opening year no-build and opening year build scenarios. • Designed headwalls and wing walls using AutoCAD per Caltrans Standard plans for a Culvert Replacement project
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Packet Page 72
[email protected] | P: 925.285.8076

EDUCATION
B.S. in Civil Engineering, Tufts
University, Medford, MA

MEMBERSHIPS
Engineer-In-Training #27457,
Board of Registration of
Professional Engineers and of
Land Surveyors, Massachusetts

TRAFFIC AND

TRANSPORTATION

ENGINEERING
 Traffic Impact Analyses
 Signing and Striping
 Traffic Data Collection
 Traffic Calming and Crosswalk
Design
 Traffic Signal Design

TRANSIT PLANNING

AND ENGINEERING
 Transit Impact Analyses
 Transit Propensity Study
 Fleet Electrification Support
 Customer Survey Facilitation
 Transit Grant Benefit-Cost
Analyses
 Rail Station Circulation Design
Jack Benoit, EIT
Transportation Engineer
Jack is a transportation engineer with AMG’s Innovative Transportation Solutions Group. He has two years of transportation engineering experience, working on Traffic Impact Analyses, Traffic Signal Design, and Complete Streets Multimodal Design. He has completed field visits to document existing transportation infrastructure, and is proficient with AutoCAD, Synchro, ArcGIS, and Microsoft Excel.

Jack also has five years of experience as a Transit and Rail Planner/Engineer, working on high-level, system-wide planning projects as well as focused transit infrastructure design tasks. He has used demographic analysis, community outreach, ridership count processing, and iterative circulation design to help support transit agencies and ensure the safety and comfort of passengers. Jack has experience in analyses and design for both rail and bus networks.

Experience
City of Oakland, CA, 2024: Developed signal design plans for several intersections along Broadway in Oakland to support transit signal priority. Calculated conduit fill percentages and sizing to support TSP equipment.

City of San Francisco, CA, 2023: Used ArcGIS to develop walksheds for potential future rail stations in San Francisco. Combined walkshed data with census mapping to estimate potential ridership.

City of Oakland, CA, 2023: Completed on-site traffic counts to support traffic management plan compliance for several area schools during pick-up/drop-off operations.

City of Atlanta, GA, 2023: Analyzed the existing bus maintenance facilities in the city of Atlanta, Georgia to develop a plan to support the city’s goal of full fleet electrification. Considerations included multiple charging technologies, future system growth, and costs of upgraded facilities.

State of Maine, 2022-2023: Developed a transit propensity report for potential heavy rail expansion to Bangor, ME. The estimate for potential ridership of expanded Amtrak service was developed by analyzing ridership data from peer cities, demographic and traffic data, and predicted population and employment growth in the region.

Connecticut Department of Transportation, 2023: Supervised data collection and entry for a team performing a systemwide bus survey on CTDOT buses.

Data was collected on riders’ demographic information and transit experience, to inform future routing and scheduling.

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Advanced Mobility Group | [email protected] | P: 925.507.8772

EDUCATION
Masters in Community
Planning, University of
Cincinnati, Cincinnati, OH, 2019
Bachelor of Architecture,
Visveswaraya Technological
University, India, 2015
Devyani Padubidri
Transportation Planner
Devyani Padubidri has over five years of experience in the field of planning and transportation. She holds an architecture undergraduate degree and a master’s degree in city planning with a GIS certificate. With experience in a wide range of transportation projects, she has worked on Multimodal Safety Plans, Vision Zero Action Plans, Congestion Management Studies, Corridor Studies, Travel Demand Management and Parking. Her skill set includes data and visualization software knowledge, including Adobe Creative Suite, Esri, Trans CAD and AutoCAD.

Project Experience

TRANSPORTATION

PLANNING & SAFETY
 Active Transportation
Planning
 Public & Stakeholder
Engagement
 Multimodal Planning
 Complete Street Planning
 Transportation Demand
Management
 Parking Analysis
 Geospatial Analysis (GIS)
 Comprehensive Safety
Plans
 Vision Zero Action Plans
 Engineering & Traffic
Studies
 Grant Writing
Martin Avenue & Walsh Avenue Corridor Bike Planning Project, Santa Clara, CA, City of Santa Clara, 2022- 2024: Devyani lead the collision analysis, parking studies, and stakeholder engagement, presenting findings on analysis, design, and community feedback to the Bicycle Pedestrian Advisory Committee and during community meetings. She coordinated with design engineers on bikeway design and implementation strategies and actively participated in community outreach events alongside city officials.

Vision Zero & Action Plan, Cupertino (VZAP), CA, City of Cupertino, 2022-2024:

Devyani led the development of the Vision Zero Action Plan and created the Vision Zero Template to guide the project's strategic direction. She managed comprehensive data analysis, project prioritization, and policy research to inform safety strategies and recommendations. Additionally, she developed educational programs to support Vision Zero objectives, integrating collision data analysis and identifying effective countermeasures.

Exeter Active Transportation Plan, Exeter, CA, City of Exeter, 2024:

Devyani lead the Active Transportation Plan (ATP) from start to finish, analyzing existing conditions, gap analysis and community needs. She defined goals, developed strategies, and reviewed collision data with an equity focus. She worked on identifying and prioritizing transportation projects and collaborated with design engineers and presented the plan to the City Council. She also assisted the City of Exeter in applying for the California Transportation Commission ATP Cycle 7 Small Project Grant.

Nevada City Downtown and Seven Hills Parking Study, Nevada City, CA, City of Nevada City, 2022-2023: Devyani was responsible for assisting the City of Nevada City on conducting a parking availability and occupancy analysis to analyze existing and potential parking capacity in the Downtown area and Seven Hills Business District, and to provide implementable strategies that balance parking utilizations for all users, including residents, business owners, business employees, and visitors. This study included extensive data collection and analysis and robust stakeholder outreach.

Cupertino Memorial Park, Cupertino, CA, City of Cupertino, 2022-2023: Devyani assisted Gates + Associates and the City of Cupertino on conducting a parking study and strategic plan for Memorial Park in Cupertino. An inventory and occupancy analysis of the parking system was conducted as well as an evaluation of the existing and future parking capacity.

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Advanced Mobility Group | [email protected] | P: 925.507.8772 Engineering & Traffic Survey, Union City, CA, City of Union City, 2022-2023: Devyani assisted with conducting an engineering and traffic survey for recommending potential speed limit updates on City of Union City streets, in accordance with the State of California regulations and guidelines. The project included 94 roadway segments for a speed limit update evaluation.

Engineering & Traffic Survey, San Bruno, CA, City of San Bruno, 2023, $27K: Devyani assisted on an engineering and traffic survey for recommending potential speed limit updates on City of San Bruno streets, in accordance with the California regulations and guidelines. The project included 22 roadway segments for a speed limit update evaluation.

DC Decongestion Pricing Study, Washington, DC, District of Columbia Sustainable Transportation, 2020: Devyani assisted DC DOT in providing end to end analytical research and graphic support for a study to increase equity and system performance through congestion mitigation and revenue reinvestment.

Arlington Travel Demand Model Performance Monitoring, Arlington VA, Arlington County, 2020: Devyani assisted the County with providing recommendations to drive sustainable travel behavior (ex. Mode share) across Arlington County through extensive outreach and data analysis of the Arlington County Transportation survey.

Residential Parking Study, Berkeley, CA, City of Berkeley, 2019-2020: Devyani assisted in performing comprehensive best practice research through multiple interviews with city representatives (Department of Transportation) to support potential improvements in parking policy development for the City of Berkeley.

Genentech Parking Inventory & Occupancy Annual Report, South San Francisco, CA, City of South San Francisco, 2019: Devyani assisted Genentech with creating a report to understand the company’s mode share distribution by analyzing parking inventory and occupancy data.

DC Safe Routes to School, Washington, DC, District of Columbia Department of Transportation, 2020: Devyani coordinated on-site data collection for visualization and analysis to develop safety recommendations aimed at identifying barriers to safe walking and biking to school. Her efforts contributed to the creation of a Safe Routes to School Action Plan, effectively addressing these barriers.

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SWAROOP PATNAIK
Area of Expertise
Business Strategy and
Technology Solution
Management
Education
MS, Systems, SUNY Buffalo NY,
1984
BS, Mechanical Engineering,
REC/NIT Rourkela, India, 1980
Years of Experience
40+

Blue Dome Technologies
Mr. Patnaik is the Founder and CEO of Blue Dome. He also founded Ficus Computer Engineering, a Silicon Valley-based technology solutions provider which he led for over 30 years and which built products for VISA, KLA-Tencor, Marubeni Corporation, SAP Labs, and HP. Prior to Ficus, Mr. Patnaik worked for NASA at Stanford University, where he was responsible for efficient storage and analysis of imaging data from the Hubble Telescope. He was been a Technical Advisor to CEO’s of multiple companies prior to acquisition.

Blue Dome Technologies – 2018 - Present
As Founder, CEO & President, have led the organization with the Product development, Management and Business Strategy.
• Program Manager to develop Algorithm in Computer Vision and Image Processing to identify all visible assets from an off-theshelf camera mounted outside vehicles. • Acquired/Merged an organization in India to support QA/QC effort in India. Technology approved by NHAI (India).
• Signed Partnership with 3M, Sumitomo and LTA/MSI Global. • Established distributorship for India, Indonesia, Saudi Arabia, Oman, Qatar, and UAE.

Independent Consultant – 2012 – 2015
Advisor to Healthcare Companies – American HomePatient (AHOM), SeeChange Health.
• Advisor to CEO of AHOM, a $300M company, to bridge the gap between Engineering and Business with a goal to sell the Company in 3 years. Sold to Linde within 1 year.

Ficus Computer Engineering – 1992 - Present
New Product/Solution Development for organizations – VISA, KLATencor, Marubeni Corporation, SAP Labs, and HP. • Built a predictable model for the SEMI industry. Created a division for KLA-Tencor and later sold to Brooks Automation. • Developed algorithms to detect and measure images from the Hubble Telescope @ NASA, Dept. of Astro-Physics, Stanford University.
• Developed over 150 mobile sites (Obama, SONY, Live Nation, AAA ...)
• Developed an Asset Management system for the Country of Guinea.

ADAC Labs – 1990 – 1992
A public company, developed camera and solutions for Nuclear Medicine.
• Led teams to develop solutions for Nuclear Medicine.
• Reported to GM/President and led the Partnering effort with major US Hospitals (MGH, Mayo, Cedars-Sinai, Memorial Sloan Kettering….)
KLA-Tencor – 1988 – 1990
Developed solutions for Wafer Inspection in the Semi-conductor industry.
• Led a team to develop solutions for inspection of printed circuit boards.

Cemax – 1984 – 1988
Developed solutions for Medical Imaging; Developed algorithms to measure and analyze facial reconstruction from integrated 3D data acquired by CT, MRI, Ultrasound.

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Tinu Mishra, P.E.

President & Founder
Engineered Concrete Solutions | 2023–Present
• Provide specialized expertise in concrete and asphalt pavement design
• Provide construction, forensic analysis, and expert witness services • Serve as a technical expert in legal disputes and arbitration proceedings
District Materials Engineer, District 4 (Oakland)
California Department of Transportation (Caltrans) | 2003–2022 • Managed materials design operations for major infrastructure projects across four Bay Area counties
• Directed a team of nine engineers
• Oversaw the Independent Assurance Testing Group responsible for certifying testers and qualifying laboratories
• Conducted forensic investigations of the San Francisco Bay Bridge approaches pavement
• Conducted forensic investigations of Caldecott Tunnel fourth bore pavement construction
• Collaborated extensively with County Transportation Authorities • Spearheaded the largest precast concrete pavement rehabilitation project in the United States (2011)
• Led the comprehensive rewrite of Caltrans' Lime Treated Subbase Specification (2009)
• Developed industry-standard installation checklists enhancing quality control practices nationwide
• Advanced warm mix asphalt technology implementation
• Implemented autonomous pavement imaging systems
• Integrated robotic technology for pavement maintenance Senior Transportation Engineer / Geotechnical Liaison
California Department of Transportation (Caltrans) | 2001–2003 • Served as geotechnical liaison for the Devil’s Slide tunnel investigation
• Managed complex stakeholder relationships
• Led public outreach programs
• Developed innovative porous pavement design for the Devil’s Slide Project (2007)
Associate Materials & Research Engineer
California Department of Transportation (Caltrans) | 1994–2000 • Designed mechanically stabilized embankments
• Designed retaining structures on challenging Bay Area soil conditions
Education: Master of
Engineering, Civil
Engineering
(Information
Technology), MIT
(2001); Master of
Science, Geotechnical
Engineering, San Jose
State University
(1999); Bachelor of
Science, Civil
Engineering,
University of
Maryland (1991)
License: Professional
Engineer (P.E.), State
of California
Industry Leadership
& Publications
Member, Caltrans
Precast Pavement
Standards Committee;
Member,
Precast/Prestressed
Concrete Institute
Precast Concrete
Pavement Committee;
Published research in
peer-reviewed
journals;
Presented at
international
conferences
influencing pavement
design practices across
California and the
United States
Item F.4
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Proposal to Provide Professional Design Services for the HSIP Projects | City of Orinda | Page 12 6 Acknowledgement of City Consultant Agreement and
Certification of Insurance Requirements
We accept the City’s standard consultant agreement conditions. We are in compliance with the COI and have attached the necessary paperwork. We recognize that, upon selection, the project manager or key personnel will file a Form 700-Statement of Economic Interests with the City of Orinda.

Item F.4
Packet Page 78
12 Exhibit B
Proposal Cost, Detail Labor and Fee Breakdown
Item F.4
Packet Page 79
Fee Schedule
Professional Design Services for the City of Orinda Highway Safety Program (HSIP) Projects Joy Bhattacharya
Principal-in-Charge
Chris K.S. Higbee
Project Manager
Ryan Sabiniano
Design Lead
Devyani Padubidri
GIS Lead
Matthew Boog, EIT, IMSA I
Jack Benoit, EIT
Mohammed Ali Mirza
Administration
Blue Dome Tech
$ 200 360 $ 130 $ 130 $ 130 $ 125 $ 115 $ 125 $ LS Task Total TASK 1 Project Management, Schedule and General Services 16 40 0 4 0 0 0 10 $ 15,530TASK 2 Data Review, Field Investigations, Preliminary Engineering, and Design Development 44 104 92 102 104 152 244 8 33,000 $ 156,440 $ TASK 3 Plans, Specifications, Estimates (PS&E) and Technical Report 48 112 88 160 92 174 110 16 81,000 $ 201,280 $ TASK 4 Caltrans Submission Support Services 12 32 4 11,220 $ TASK 5 Bidding and Construction Phase Support Services 4 32 16 16 11,920 $ ODC Mileage $ 2,490
$ 398,880
Budget
Total
Item F.4
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13 Exhibit C
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
Item F.4
Packet Page 81
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
ADVAN-4 OP ID: SH
03/13/2025
Schroder Insurance Services
Schroder Insurance Services
Lic# 0E97553
653 Main Street
Martinez, CA 94553
Schroder Insurance Services
925-934-6789 925-934-0189
OHIO SECURITY INSURANCE CO.

PACIFIC INSURANCE COMPANY, LTD

ADVANCED MOBILITY GROUP

BETH CLEMENT
3003 OAK ROAD, SUITE 100
WALNUT CREEK, CA 94596
AMERICAN FIRE & CASUALTY CO.

STARSTONE NATIONAL INSURANCE
A X 1,000,000
X Y Y BKS61019707 03/09/2025 03/09/2026 500,000
15,000
1,000,000
2,000,000
X 2,000,000
A 1,000,000
X Y BAS61019707 03/09/2025 03/09/2026
X 1,000,000
X
C
ESA61019707 03/09/2025 03/09/2026 1,000,000
PRODUCTS 1,000,000
A X
Y XWS61019707 03/09/2025 03/09/2026 1,000,000 X 1,000,000 1,000,000
B 01 OH 0509973-25 03/12/2025 03/12/2026 EACH OCC 3,000,000 D 2ND LAYER EXCESS 76507Y251ALI 03/09/2025 03/09/2026 EACH OCC 5,000,000 City of Orinda, its officers, officials, employees and volunteers are named Additional Insured.

Endorsements CG88100413; AC85430618; WC990679 attached.

ORINDA1

CITY OF ORINDA
22 ORINDA WAY
ORINDA, CA 94563
925-934-6789
24082
10046

PROFESSIONAL LIAB
Item F.4
Packet Page 82
70 180 of

COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 INDEX

SUBJECT PAGE
NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6

WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8

WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
Item F.4
Packet Page 83
71 180 of 61019707 000645 270
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

A. NON-OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:

1. It is not owned by any insured;

2. It is hired, chartered or loaned with a trained paid crew;

3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and

4. It is not being used to carry persons or property for a charge.

However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision.

B. NON-OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:

This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.

C. PROPERTY DAMAGE LIABILITY - ELEVATORS

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.

2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.

D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following:

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days.

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance.

Item F.4
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72 180 of
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance.

2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement.

3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:

9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract".

E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:

Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B

1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.

2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.

G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT

1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
Item F.4
Packet Page 85
73 180 of 61019707 000645 270
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard".
(3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

With respect to Paragraph 1.a. above, a person’s or organization’s status as an additional insured under this endorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

With respect to Paragraph 1.b. above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends.

With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.

The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage".

We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions.

Item F.4
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74 180 of
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8

2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.

Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:

This insurance does not apply to:
a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. "Bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy.

3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns.

H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
a. The following is added to Paragraph a. Primary Insurance:

If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover.

Item F.4
Packet Page 87
75 180 of 61019707 000645 270
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 b. The following is added to Paragraph b. Excess Insurance:

When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured.

Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies.

I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:

An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured.

2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy.

J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE

WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply.

Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee’s" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and Item F.4
Packet Page 88
76 180 of
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances.

The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee".

K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:

3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision.

L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Representations:

Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional.

M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:

Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph

1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee".

N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state.

O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:

3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease.

Item F.4
Packet Page 89
77 180 of 61019707 000645 270
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.

This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A

CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us:

We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided:

1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and

2. The injury or damage occurs subsequent to the execution of the written contract or written agreement.

Item F.4
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Item F.4
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41 42of 61019707 001759 270
250
Where required by contract or written- agreement
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03/09/2024
XWS (25) 61 01 97 07

ADVANCED MOBILITY GROUP
Ohio Security Insurance Company 19291
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 (Ed. 01-13)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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WC 99 06 79
(Ed. 01-13)
2013 Liberty Mutual Insurance
Includes copyrighted material of WCIRB,with its permission.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement is $ .

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Countersigned by ___________________ __________________ Item F.4
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: April 21, 2026
SUBJECT:

Approve Construction Contract with Allied Construction Services for Orinda Library Roof Replacement Project (CIP #4173).

EXECUTIVE SUMMARY:

The City Council will consider approving a construction contract to renovate the cap sheet roof section of the Library.

RECOMMENDATION:

Approve construction contract with Allied Construction Services for Orinda Library Roof Replacement Project (CIP #4173) in the amount of $73,053.

BACKGROUND:

The library building was constructed in 2000, and the roof covering consists primarily of metal panels but includes approximately 5,000 square feet of built-up membrane roofing.

The membrane roof covering section of the roof is near the end of its service life, and has experienced ongoing deterioration, including aging cap sheet roofing and deteriorating joints at metal flashing interfaces and along seams of the existing cap sheet roof flashing.

These conditions have increased the risk of water intrusion, potential structural damage, and higher long-term maintenance costs if not addressed.

DISCUSSION:

Staff consulted with roofing companies to assess the repair options and determined an effective approach is to renovate the roof covering by recoating the cap sheet with new base coat and top coat of elastomeric material, and to reseal the deteriorated flashing joints. A reliable roofing contractor, Allied Construction Services, has provided a proposal to perform this work for an amount of $73,053, as indicated in their attached proposal (Attachment A). The repair includes a 20-year material and labor warranty.

In accordance with the Municipal Code provisions for public works contracts, since the contract value is below $75,000 competitive bidding is not required. The City’s standard construction contract would be utilized for this work. Project construction is estimated to begin in May 2026 and be completed by June 15, 2026.

FISCAL IMPACT:

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There is adequate budget, $85,000, in the CIP project #4173 to cover the cost of the subject contract; funding is from the Facility Improvement Surcharge (Fund 350) and Building Maintenance (Fund 603).

STRATEGIC PLAN INITIATIVE:

Not applicable.

Attachments
A: Roof renovation proposal dated 3-20-26
Prepared by: Scott Christie
Respectfully Submitted by:

Scott Christie
Public Works Director
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License #605271 Class B, C33, C39
7602 National Drive Phone (925) 724-2324
Livermore, CA 94550-8809 Fax (925) 724-2328
Ross Volker March 20, 2026
City of Orinda
RE: Roof repairs/ restoration 26 Orinda Way, Orinda.

Dear Ross.

Thank you for the opportunity to assist with your roofing requirements. ACS has been providing roofing services in Northern California for 20 years and we are excited about the opportunity to work with you.

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Page 2 of 3 ends

Scope of Work (20 year Henry Acryshield 510 System) @ entire cap sheet roof:
1) Take appropriate safety measures as necessary to protect the workers and client at the site.
2) Power wash to remove the dust and dirt as needed to prepare the surface. 3) Embed 4” polyester reinforcing fabric along seams in existing cap sheet system. 4) Henry A400 BC base coat at rate of 2 gallons per 100 sq. ft. 5) Apply A510 TC coat at rate of 3.5 gallons per 100 sq. ft. in two coats. 6) All details as per Carlisle Coatings specifications. 7) Install TPO slip pads under all conduit blocks.
8) Material and labor warranties included.

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Page 3 of 3 ends

Cost: $73,053
(roof repairs @ steel flashing included)
(includes 20 yr. material & labor warranty)

Exclusion: Plans, permit, dry rot, mold, lead and asbestos testing and or abatement, or deficiencies that are not visible at the time of inspection unless noted above.

If I may answer any questions or be of further assistance, please contact me directly on my cellular - (925) 570-9646 or at our office - (925) 724-2324.

Respectfully,
Bill Ditzel
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: April 21, 2026
SUBJECT:

Introduction of Citywide Objective Design Standards (ODS) Ordinance 26-03, implementing Action 3.E of the Housing Element
EXECUTIVE SUMMARY:

RECOMMENDATION:

BACKGROUND:

In 2021, the State Department of Housing and Community Development (HCD) released a toolkit to support communities in developing and applying objective standards specifically focused on design, titled Approaches and Considerations for Objective Design Standards (weblink A). The toolkit emphasizes that there is no universal method for implementing objective design standards; each community must tailor its approach to local needs. While various strategies exist, it is essential to strike a balance between flexibility and predictability, ensuring that design regulations do not unduly hinder the development of new housing.

On January 31, 2023, the City Council approved the 6th Cycle Housing Element as part of the City’s General Plan. On March 30, 2023, HCD certified the City’s Housing Element to be in substantial compliance with state law. Housing Element Goal 3: Housing Opportunities included several implementing actions, one of which was to adopt objective design standards. Housing Element Action 3.E: Objective Design Standards, has a stated purpose, “to adopt multifamily objective design standards that apply to all housing Item G.1
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development projects for which objective standards are required…” The Citywide ODS were identified as an important tool to address the Housing Element Goal and Action, and to support the development of Orinda as an attractive, mixed-use, and walkable City.

In December of 2024, the City selected the consultant Opticos Design Inc. (Opticos) for preparation of a Citywide ODS document for residential development in zoning districts where residential development is allowed by right.

On April 4, 2025, Opticos drafted background documents and interviews with City staff to discuss current standards and submittal processes for residential development. A summary of the research findings is included in Attachment C. Opticos used this information to develop a Framework of Design Standards which identified the topics and areas of focus for a Citywide ODS document.

On September 24, 2025, and October 21, 2025, the Planning Commission and the City Council, respectively, participated in a Citywide ODS study session. The sessions included a presentation on architectural standards, discussion of form-based approaches, a review of the preliminary draft of the Citywide ODS document, and a focused discussion on undesirable and desirable attributes of residential development. Staff received input to guide the development of the Citywide ODS document. Summaries of the comments from each meeting are included below.

Planning Commission Study Session September 24, 2025:

1. High-quality residential design. The Citywide ODS should encourage natural colored and durable materials, reduce apparent massing, increase articulation, minimize grading, and reflect good practices for fire mitigation to promote highquality residential design.

2. Blending with the natural environment. Existing residential developments in Orinda that are particularly successful blend into the environment (Orinda Woods), take advantage of the hillsides and terrain (Monteverde, Orinda Woods), avoid a “cookie-cutter” or repetitive feel (unlike Orinda Grove), are specific to Orinda (unlike Orinda Grove), include a variety of housing types, have varying rooflines, and hide parking (Orinda Woods, Monteverde).

3. Focus on priority topics. The most important development standards will provide direction on colors, materials, articulation, massing, open space, landscape, and parking.

4. Massing and Variation. The two most important topics or design standards in the Citywide ODS Draft are breaking down the apparent size and scale of buildings (massing, articulation, façade design) and promoting building types with the opportunity for variability (consistent neighborhood feel with lively variation).

5. Avoid being overly specific. The least important topics or design standards in the Citywide ODS Draft are overly specific constraints that are not reflected in the Item G.1
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community (specifying fences as only green/black, when including brown/tan colors would also blend into the environment).

6. Detailed and refined. The document contains a lot of information for an applicant which may be necessary but may also work against the desire to create more housing in the community. Refining standards to promote size and shape of buildings, variability, and landscape (including lowering fire risk), specific to the look and feel of Orinda should be strengthened.

City Council Study Session October 21, 2025:

1. Topography and land. The Citywide ODS should respond to the challenging topography and lots that are strangely shaped (Orinda has winding streets, few sidewalks, many private roads, significant slopes, and irregular lot patterns).

2. Materials are increasingly important. There will be increasing emphasis on natural (and natural looking) materials. With fire concerns, there may need to be less vegetation screening homes and more standards around building materials to help residential development blend in.

3. Massing and proportions. Massing should de-emphasize tall and skinny forms and emphasize low and long forms that are common in Orinda. Make sure the standards speak to house scale details. Standards should encourage proportionality.

4. Modulate building forms. Develop standards to avoid a “blocky” building feel.

Require the reduction of massing of structures by creating different approaches to house scale versus larger buildings, massing standards, and building detail requirements.

5. Style. The variety of styles in the same area can be unappealing, but defining styles would likely be too restrictive. It was agreed that continuing with specific building standards around massing and articulation (e.g. building forms, façade design) gave the greatest flexibility in applying the objective design standards citywide and is the most common approach to developing objective design standards. The City may consider styles later.

6. Parking less prominent. Standards should require parking behind structures with no parking in front if it can be avoided.

7. Emphasis on fitting into the natural environment. Green space and open space should be encouraged to reflect a semi-rural or pastoral feel (Monteverde, Orinda Woods, and Orinda Grove).

In addition, the Moraga-Orinda Fire District (MOFD) was consulted to ensure consistency with current best practices with the Fire Code.

On March 24, 2026, at a regular meeting held by the Planning Commission, Staff presented the proposed Citywide ODS, including recommendations from the study sessions along with clarifying updates. The Planning Commission adopted Resolution 26- Item G.1
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03, recommending City Council adopt an Ordinance amending Title 17 of the Orinda Municipal Code (Zoning) and adopt the Citywide ODS, dated February 2026, with modifications to include additional clarity that determines when the Citywide Objective Design Standards apply and how they are used, with additional clarifying updates (Attachment B; weblink B).

DISCUSSION:

The Citywide ODS is focused on site design, building design, and subdivision design.

Article 1 contains Site Design, Landscape, Lighting, and Surfaces. Article 2 contains Building Design, Façade Design, Building Entries, Roof Form, and Large Sites. Article 3 contains Lot Splits and Small Subdivisions. The final article, Article 4: Definitions and Measurement Methods, helps users of the Citywide ODS with clarifications and procedural guidance.

Based on feedback received from the Planning Commission, the City Council, and other agency reviews, the following elements were refined or added:

Topography: Additional language was incorporated to reflect Orinda’s hillside context.

Specifically, natural features are to be retained, cut slopes are limited to a ratio of two horizontal to one vertical, and more.

Section 1.01.070 Hillside Design Context
Site Materials: An emphasis on development that blends into the natural environment, brown is an allowed paint color for site materials. Colors for site elements are identified by generally understood color names, such as black or green.

Table 1.01.040.A Permanent Fence and Wall Materials and Table 1.02.040.A Allowed Ground Surface Materials
Landscape: To provide clarity on preferred landscape materials, a Plant Palette was added with reference to the City’s Plants for a Fire Savvy Landscape and the Disallowed Vegetation List.

Table 1.02.020.A: Citywide ODS Plant Palette
Lot Shape and Key: Lot shapes are shown as irregular and more reflective of configurations anticipated in the City. The Key includes descriptive design elements (configuration, proportionality).

Chapter 1: Building Forms [diagrams]
Parking and Access: Standards have been refined to require covered parking that is shielded or setback from public view.

Section 1.01.050 Vehicle Access and Parking
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Building Colors and Materials: Colors for buildings are also identified using generally understood color names. Allowed and prohibited materials are described by major building parts such as wall coverings, roofs, windows & doors, and decks and balconies.

References to State Fire Mashal resources were added.

Table 2.02.080.A Exterior Finishes and Materials Standards Building Articulation and Massing: Standards address building form by building type and massing, emphasizing primary and secondary massing. They also focus on façade design, limiting blank walls, and addressing decks. Finally, standards set requirements for building entries by entry type and address roof forms, setting minimum standards for eaves, parapets, and dormers.

Article 2: Building Design Standards; Table 2.02.080.A Exterior Finished and Materials Standards
Large Sites: Applying only to sites of three or more acres, standards for large sites have been added. Additional standards apply to blocks and streets, open space, lots, and buildings.

Chapter 5: Large Sites
Subdivision Design Standards: The Citywide ODS includes standards from recent state law for lot sizes and unit standards. This section ties the lot divisions to the site and building standards found earlier in the document. Finally, it has additional access standards that are consistent with the current Fire Code.

Article 3: Subdivision Design Standards
Styles: Pursuant to the discussion at the study sessions, it was confirmed that architectural style would not be included in the Citywide ODS but could be added later.

Sections address building form and massing (by type), façade design (base-middle-top; blank walls; decks; materials and colors); building entries (by type), and roof form all.

The current draft of the Citywide ODS provides standards to support the development of Orinda as an attractive, mixed-use and walkable community, while at the same time, it facilitates the development of new housing consistent with the requirements of state law.

The full proposed text is provided as an attachment (weblink C).

FISCAL IMPACT:

There is no direct fiscal impact associated with administration of the Objective Design Standards.

STRATEGIC PLAN INITIATIVE:

None.

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NEXT STEPS:

If the City Council were to introduce the Ordinance, a second reading and adoption would occur at the next available meeting.

ATTACHMENTS:

A. Ordinance 26-03 Amending Zoning and Adopting the Citywide Objective Design Standards
B. Planning Commission Resolution 26-03
C. Summary of Background Research and Findings, July 2025 WEBLINK(S):

A. Approaches and Considerations for Objective Design Standards, January 2021 B. Planning Commission Regular Meeting, March 24, 2026
C. Citywide Objective Design Standards, February 2026 and Updates Prepared by: Christine Thomson, Principal Planner
Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Linda Smith, City Manager
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Page 1 of 4 ends

ORDINANCE NO. 26-03

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORINDA
AMENDING TITLE 17 OF THE ORINDA MUNICIPAL CODE (ZONING) AND

ADOPTING THE CITYWIDE OBJECTIVE DESIGN STANDARDS FOR THE

RESIDENTIAL AND OPEN SPACE DISTRICTS FOR CONSISTENCY WITH STATE

HOUSING LAW
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 add and amend certain zoning regulations in Title 17 of the Orinda Municipal Code (zoning).

These changes are intended to make the City’s Zoning Code consistent with State housing law. The changes include the adoption by reference of new Citywide Objective Design Standards (Citywide ODS) for the zoning districts including the High Density Overlay (HD-Overlay), Senior Housing Overlay (SH-Overlay), Residential High Density (RH-25; RH-40); Residential Medium Density (RM), Residential Low Density (RLV-E, RLV, RL-40, RL-20, RL-15, RL-12, RL-10, RL-6) and Open Space (OS).

SECTION 2.

The following portions of the Zoning Code are added and amended as specified below and in Attachment A. Attachment A shows additions with double-underlined text Municipal Code Provision Action as shown in Attachment A § 17.4.35 New Section Added
SECTION 3.

Design standards for the zoning districts including the High Density Overlay (HDOverlay), Senior Housing Overlay (SH-Overlay), Residential High Density (RH-25; RH40); Residential Medium Density (RM), Residential Low Density (RLV-E, RLV, RL-40, RL-20, RL-15, RL-12, RL-10, RL-6) and Open Space (OS) are set forth in the Citywide ODS dated January 2026 housing citywide. The adoption of these standards is hereby found to be necessary to ensure that future residential development, including projects subject only to ministerial review pursuant to State housing laws, reflects the desired character, scale, and design quality citywide and is consistent with the community’s vision for a well-designed and vibrant residential environment. These Citywide ODS establish clear and measurable criteria to guide the form and appearance of qualifying residential development in a manner that supports compatibility with surrounding uses while complying with applicable state requirements for streamlined project approval.

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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, Orinda Municipal Code, and State law. This ordinance is necessary to implement the Orinda Housing Element and for consistency with State housing law.

SECTION 6
The City Council finds that this ordinance is necessary for consistency with State housing law and is necessary to implement the Orinda Housing Element, which is part of Plan Orinda, and is not subject to any requirement for additional review under the California Environmental Quality Act (“CEQA”).

The City Council finds 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). CEQA Guidelines Section 15378(b)(5) excludes from the definition of a project "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment."
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 April 21, 2026 and was adopted and ordered published at a regular meeting held on May 5, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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ABSENT: COUNCILMEMBERS:
________________________
Brandyn Iverson, Mayor
ATTEST:
__________________________
Sheri Marie Smith, City Clerk
Attachment A: OMC Title 17 Text Amendments
Attachment B: Citywide Objective Design Standards, Public Draft Dated April 2026.

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Attachment A

1. Municipal Code section Chapter 17.4 - Residential District Base Development Regulations is amended to add the following section after Section 17.4.34:

Municipal Code section 17.4.35 – Citywide Objective Design Standards. “The Citywide Objective Design Standards (dated February, 2026), which are adopted and incorporated by this reference, shall apply to proposed residential development in these districts: High Density Overlay District (HD-Overlay), Senior Housing Overlay District (SHOverlay), Residential High Density (RH-25; RH-40); Residential Medium Density (RM), single-family housing residential districts (RLV-E, RLV, RL-40, RL-20, RL-15, RL-12, RL10, RL-6) and Open Space District (OS) whenever the City is required by State law to apply only objective standards in its review of the design of proposed development.” Item G.1
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RESOLUTION NO. PC 26-03

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORINDA,

STATE OF CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE (1) AMENDING TITLE 17 OF THE ORINDA MUNICIPAL CODE (ZONING) AND (2) ADOPTING THE CITYWIDE OBJECTIVE DESIGN STANDARDS

FOR THE RESIDENTIAL AND OPEN SPACE DISTRICTS FOR CONSISTENCY WITH

STATE HOUSING LAW
WHEREAS, State legislation, including Senate Bill (SB) 35 (2017) and SB 330 (2019), SB 9 (2021), Assembly Bill (AB) 2011 (2022), SB 6 (2023) mandated that certain eligible development projects be evaluated based on objective standards; and WHEREAS, there is no universal method for implementing objective design standards, but communities must strike a balance between flexibility and predictability, ensuring that objective design regulations do not unduly hinder the development of new housing; and
WHEREAS, the Citywide Objective Design Standards were developed as implementing action 3.E (p. 210) of the Housing Element to make the requirements for eligible residential projects more predictable and easier to interpret; and WHEREAS, the City of Orinda is considering the amendment of Orinda Municipal Code Chapter 17 (Zoning) to include a new section 17.4.35 – Objective Design Standards, as described in Draft City Council Ordinance 26-03; and WHEREAS, the residential and open space zoning districts throughout the City of Orinda will incorporate by reference the Citywide Objective Design Standards, which provide the specific design standards applicable to future residential development on a project site; and
WHEREAS, on March 24, 2026, at a public hearing noticed consistent with State law, the Planning Commission took testimony, discussed the issues and considered all the written and oral evidence presented at the public hearing in making its decision; and WHEREAS, on March 24, 2026, staff presented and the Planning Commission adopted modifications that include additional clarity that determines when the Objective Design Standards apply and how they are used.

NOW, THEREFORE, the Planning Commission does hereby find and resolve as follows:

Section 1. That the Planning Commission recommends that the City Council adopt an Ordinance amending Title 17 of the Orinda Municipal Code (Zoning) and adopting the Citywide Objective Design Standards, dated February 2026, with modifications to include additional clarity that determines when the Citywide Objective Design Standards apply and how they are used and the following clarifying updates:

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1. Clarify and rephrase to “added ministerial path” remove “alternative path,” p. 9.

2. Reformat Plant Palette to organize by Scientific name with common name following; add plant species selected from Table 1.02.020.A “and” City’s current Plants for a Fire Savvy Landscape, p 21.

3. Reformat titles to consistently reference “residential development” (e.g. change to “all other residential” and “multifamily residential” and strike “multi-unit with single-unit development” and “multifamily.”), p. 31 and following.

4. Add language after SB 9/SB 450 referencing “see City of Orinda Web Page for summaries of select state housing laws,” p. 89.

5. Add definitions for Senate Bill (SB) 9 and SB 35, p. 99.

6. Updates and corrections to any spelling and punctuation errors, throughout.

Section 2. The Secretary of the Planning Commission is directed to transmit a copy of this resolution to the City Council.

PASSED, APPROVED, AND ADOPTED at a meeting of the Planning Commission on March 24, 2026, by the following vote:

AYES: Commissioners: Armstrong, Doctors-Rajashekhar, Hubner, Jelinek, Merola, Oblinsky, Schmidt
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Kumani Armstrong, Chair
ATTEST:

Lashun Cross, Planning Director
Exhibits
1: Citywide Objective Design Standards, Public Draft. Dated February 2026.

Item G.1
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Summary of Background
Research & Findings
City of Orinda
Citywide Objective
Design Standards
July 2025
Item G.1
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Project Overview 3
Project Title — Presentation Title Goes Here 2
Background Documents Review 5
Projects Review 8
Staff Interview 11
Lots Analysis 12
Physical Character Analysis 15
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Project Overview
3 Zones where the ODS apply to residential
projects
Orinda Citywide ODS — Working Session 1: Summary of Task 2 • RVL-E
• RVL
• RL-40
• RL-20
• RL-15
• RL-12
• RL-10
• RL-6
• RM
• OS
Note: This project does not include DO, DC, and PD
zones as they have separate regulating documents. The
PS zone does not apply as it does not allow residential uses by right. ODS may apply to any parcels rezoned to
the above zones.

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Building Forms
Orinda Citywide ODS — Working Session 1: Summary of Task 2 4 Project Overview
https://app.conceptboard.com/board/3ng4-fcfb-qazd-bo9r-h93e Note: ODS will address ADUs, SF, and MF (house- and block-scale). Building forms > 10 units may be up to 55 units.

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City Documents
• Housing Element
• Land Use & Circulation
Element
• Title 17 Zoning Code
• Wilder Design Guidelines
Orinda Citywide ODS — Working Session 1: Summary of Task 2 5 Background Documents Review
https://app.conceptboard.com/board/0xs7-cu9p-t1si-np70-z42x Key Takeaways
• Housing Element
• RHNA 6th cycle (2023-2031): 441,176 units
• Includes irregularly shaped lots in opportunity sites • Land Use & Circulation Element
• Emphasis on semi-rural character
• Defines RVL, RL, and RM densities
• Describes OS as equestrian-oriented residential at very-low density • Defines subdivision as five or more units
• Four on-site parking standards for single - family (2 enclosed/2 unenclosed) • Scenic corridor considerations
• Title 17 Zoning Code
• Complex standards in response to a variety of lot conditions • Wilder Design Guidelines
• Provides development standards for new homes in the Wilder project • Addresses grading, walls and fences, landscaping , and lighting Item G.1
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State Legislation
• SB 35/423
• SB 330
• SB 9/450
• SB 684/SB 1123
• SB 4
• SB 79
*Highlighted content is noted to be of
particular relevance to Orinda
Orinda Citywide ODS — Working Session 1: Summary of Task 2 6 Background Documents Review
https://app.conceptboard.com/board/0xs7-cu9p-t1si-np70-z42x Key Takeaways
• SB 35 streamlines approval of multifamily (affordable) housing in cities that have not met RHNA goals • SB 423 extends SB 35 until 2035 and expands it to apply to coastal areas and on surplus public land • SB 330 allows qualifying projects to lock in development standards and fees at the time of completion of a preliminary application and prohibits cities from holding more than five public hearings to review the project • SB 9 allows streamlined approval for lot splits and duplexes (up to 4 units) on single family lots • SB 450 makes changes to SB 9 to improve access and certainty of the streamlined process for housing options under SB 9 • SB 684 streamlines approval process for developments ≤10 units on urban lots <5 acres (only applies to lots in multifamily zones)
• SB 1123 improves SB 684 implementation and expands SB 684 to include projects ≤10 units on vacant parcels in singlefamily zones • SB 4 streamlines approval process for housing development on religious and college lands • SB 79 requires areas within a half-mile of major public transit stops to allow multi-family housing developments up to seven stories tall (even in single family zones), allows public transit agencies to develop housing on land they own, streamlines ministerial approval process for qualifying housing projects near transit, and establishes state standards for transit-oriented zoning around qualifying transit stops
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Other Documents
• WRCOG ODS Toolkit
• WRCOG SB 9 Toolkit
• ABAG SB 9 Toolkit
Orinda Citywide ODS — Working Session 1: Summary of Task 2 7 Background Documents Review
https://app.conceptboard.com/board/0xs7-cu9p-t1si-np70-z42x Key Takeaways
• WRCOG ODS Toolkit
• Provides a range of ODS for multifamily and mixed-use development in response to state law • Provides guidance for preparing and adopting ODS
• Includes site planning, landscaping, building design, and architectural style standards • WRCOG SB 9 Toolkit
• Lists eligibility criteria and a checklist for urban lot splits and two-unit developments • Lists additional limitations for urban lot splits and two-unit developments • Illustrates SB 9 lot scenarios
• Provides a model ordinance for urban lot splits and two-unit developments • ABAG SB 9 Toolkit
• Provides objective design standards in response to SB 9 • Provides a 9-step guide for using the standards
• Provides standards for an SB 9 overlay zone
• Includes general, building type, frontage, and façade design standards Item G.1
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 8 Projects Review
10 Irwin Way (Senior Housing)
• Façade length
▪ Threshold for length of building before massing standards applied?
• Modulation
▪ How much modulation is necessary for long buildings?
▪ Establish a module? What should the max length of the module be?
• Parking garage wall
▪ Consider active uses along open space
• Parking area landscaping/blending with the public
realm
▪ Consider blending parking area and open space through reduction of or elimination of retaining wall
• Use of trees and hillside to conceal size of building ▪ Effectiveness of trees in front of building and up-slope of hill behind building to blend the project into the hillside https://app.conceptboard.com/board/imug-oro7-skzn-13b6-69xo Item G.1
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 9 Projects Review
https://app.conceptboard.com/board/imug-oro7-skzn-13b6-69xo 5 Madrone Place (ADU)
• ADU location/orientation
▪ ADU located beneath garage
• Garage is oriented towards street, ADU is not
▪ Consider reducing ADU to one story and orienting towards street
• Re-locate garage next to ADU at edge of lot
• Preserves more of the natural hillside
• Façade articulation
▪ Considerable massing at rear elevation
▪ For this site, hill and trees hide massing from view of neighbors
▪ If orientation of the lot was different and the rear façade was visible to neighbors, standards to reduce massing
would be necessary
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 10 Projects Review
73 Brookwood Road (TH Site Plan)
• Orientation/frontage
▪ Front-Back issues
• Townhouse garages face street
• Fronts of townhomes (located at front of lot) face
backs of townhomes (at back of lot)
▪ Re-orient townhomes to face street with shared drive
accessed from backs of buildings
• Introduce frontages at townhomes instead of
driveway at front of lot
▪ Re-allocate open space and pool sited in parking area to increased setback at townhomes at back of lot
• Increases buffer from highway off ramp
• Shifts open space away from parking area
• Reduced pavement
▪ Shared drive servicing tuckunder parking for both sets of townhomes reduces pavement from approximately 25% to
17% of the lot area
• Fire access
▪ Improve fire access to buildings at back of the lot in case of emergencies https://app.conceptboard.com/board/imug-oro7-skzn-13b6-69xo Item G.1
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 11 Staff Interview (May 13, 2025)
Key Findings
Standards
• Not clear enough
• Wide variation in lot size, shape, and topography makes it difficult to simplify
Regulating Architectural Style
• Avoid standards that are too overbearing
Elements to be reserved or removed from current code
• Not particularly tied to any of the existing standards Development trends/design issues to address in ODS
• Horizontal instead of vertical design (i.e. avoid 2 story porches) • Should discourage big, stately, Georgian homes
• Should encourage development that fits semi-rural character Overlays
• HD - never been utilized in Orinda
• Ridgeline – most often used overlay
Application Submittal Checklist
• Difficult for applicants to use (catch-all checklist, not all items are applicable to majority of projects)
• Change to electronic format
Expectations from ODS
• More streamlined process for applicants and staff
Adoption
• Simplest strategy: adopt as separate from Title 17
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 12 Lots Analysis
Lot Sizes
• Total lots: 7,751
• Total lots excluded from analysis: 5,165 (67%)
• Total lots included in analysis: 2,586 (33%)
• Most Common Lot Size: 150’ x 100’ (33 lots)
Accuracy of Analysis
• Lots included in analysis diverge from actual lot
dimensions by up to 20%
• Within the 20% threshold, 3 levels of
confidence: high, medium, low
• 45% low confidence
• 25% medium confidence
• 30% high confidence
https://app.conceptboard.com/
board/ck6k-i3hm-e6p1-3enxosmi
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Lot Shapes
Orinda Citywide ODS — Working Session 1: Summary of Task 2 13 Lots Analysis
Rectangle Trapezoid Flag Rounded Corner Culdesac
* Not illustrated below: irregular lot shapes
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 14 Lots Analysis
Lot Slope Conditions
Down-slope Up-slope Flat Cross-slope
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Physical patterns are analyzed to
understand what else to address in
the standards besides topics already
covered.

Established patterns inform the
standards to make new buildings “fit
into” existing character
14 sub-areas were identified
Orinda Citywide ODS — Working Session 1: Summary of Task 2 15 Physical Character Analysis: to inform standards
https://app.conceptboard.com/board/
8z24-z7kd-og93-ryn7-qfh8
Lost Valley S Lost Valley N Glorietta/Alice Overhill Knickerbocker Northwood Tara Charles Hill Miner Rd Orinda Downs Sleepy Hollow Manzanita Drive Camino Sobrante La Cuesta Rd Claremont
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The 15 sub-areas were analyzed for
9 key topics shown at right.

These topics are analyzed because
they have substantial influence on
physical form and character.

Each topic has variations which are
addressed through sub-topics under
each main topic.

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Within each sub-area:
• Streetscapes very natural
• Combination of natural shoulders and curb with gutter Orinda Citywide ODS — Working Session 1: Summary of Task 2 17 Physical Character Analysis: Streetscapes
Sidewalk + tree lane on one side.

No sidewalk on the other side
Sidewalk only (no planter strip) No sidewalk (vegetated border) Item G.1
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 18 Physical Character Analysis: Driveways
Within each sub-area*:
• Toward 1 side of lot
• In middle of lot
• Semi-Circular
• Driveways range from 2 to 3 cars
wide
*Except Wilder sub-area which has more
consistency in driveway locations and
widths
Toward 1 side of lot In Middle of lot
Semi-Circular
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 19 Physical Character Analysis: Building Orientation
Within each sub-area:

Building oriented with longest side:
• along street
• Along side lot line
Building located toward:
• Front of lot
• Middle of lot
• Rear of lot
Along Street
Along Side Lot Line
Front of Lot Middle of Lot Rear of Lot
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 20 Physical Character Analysis: Front Setbacks-Small
Within each sub-area:

Building setbacks range:
• Small: Up to 20 feet
• Medium: Up to 30 feet
• Large: up to 50 feet
• Extra Large: over 50 feet
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 21 Physical Character Analysis: Front Setbacks-Medium
Within each sub-area:

Building setbacks range:
• Small: Up to 20 feet
• Medium: Up to 30 feet
• Large: up to 50 feet
• Extra Large: over 50 feet
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 22 Physical Character Analysis: Front Setbacks-L, XL
Within each sub-area:

Building setbacks range:
• Small: Up to 20 feet
• Medium: Up to 30 feet
• Large: up to 50 feet
• Extra Large: over 50 feet
L: up to 50’ XL: over 50’
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 23 Physical Character Analysis: Massing Types
A building’s footprint – rather than lot coverage -- greatly affects how a building’s massing and size are perceived. Buildings were observed to generally be in six forms or “massing types”.

Square Rectangle L U
T
H
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Orinda Citywide ODS — Working Session 1: Summary of Task 2 24 Physical Character Analysis: Building Size
Within each sub-area*:

Building sizes range:
• Small: Up to 40 feet
• Medium: Up to 60 feet
• Large: up to 80 feet
• Extra Large: over 80 feet
*Except Wilder sub-area which has
more consistency in Building
Setbacks.

Building size indicates at least 1
façade up to the stated length in feet.

S: up to 40’ M: up to 60’ L: up to 80’ XL: over 80’
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Within each sub-area:
• Streetscapes very natural
• Driveways mostly 2 and often 3-cars
wide
• Most buildings’ long side along
street/road
• Wide range of Building Sizes
• Wide range of Front Setbacks
• Wide range of Massing Types
Recommended Approach:
• Organize standards by Lot Types
instead of by Geographic Areas
• Coordinate physical character to
existing zoning districts
Orinda Citywide ODS — Working Session 1: Summary of Task 2 25 Physical Character Analysis: Summary
Wide variety within sub-areas
https://app.conceptboard.com/board/8z24-z7kd-og93-ryn7-qfh8 Item G.1
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Next Steps
Orinda Citywide ODS — Working Session 1: Summary of Task 2 26 • Start Task 3.1 Framework of Design Standards
• Next check-in: June 10 @ 1 pm
• Next Working Session #2: June 24 @ 1 pm
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: April 21, 2026
SUBJECT:

Contra Costa County Regional Alternative Compliance (RAC) Joint Powers Authority (JPA) Participation
EXECUTIVE SUMMARY:

RECOMMENDATION:

BACKGROUND:

The Contra Costa Clean Water Program (CCCWP) was established in 1991 by Contra Costa municipalities in anticipation of municipal stormwater permitting requirements under the federal Clean Water Act and California water quality laws, with encouragement from regional water regulators. CCCWP is a collaborative program composed of 19 Contra Costa cities and towns, the unincorporated Contra Costa County, and the Flood Control and Water Conservation District, whose main objective is to jointly implement National Pollutant Discharge Elimination System (NPDES) stormwater permit requirements. Some permit provisions are most cost-effective to implement on a regional basis, such as water quality monitoring, public education, and special studies.

The Municipal Regional Stormwater Permit (MRP) imposes several obligations on local governments. Under Provision C.3.d, regulated new development and redevelopment projects must incorporate on‑site Low Impact Development (LID) or GSI to treat Item H.1
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stormwater before it reaches local waterways. Many sites—particularly small infill properties, parcels with steep slopes, or locations with underground utility conflicts—face serious constraints that make on‑site treatment difficult or infeasible (refer to Attachment E, CCC RAC System Overview, pp. 3–4).

In addition, under MRP Provision C.3.j, municipalities must retrofit a quantifiable amount of existing impervious surface with GSI over the permit term. This requirement can be costly and resource‑intensive when implemented through numerous small, distributed projects (refer to Attachment E, CCC RAC System Overview, p. 3). Moreover, cities must comply with pollutant load reduction targets under the PCBs TMDL (Provision C.12.c), which require locating stormwater treatment facilities in areas with historically high pollutant loads.

To address these challenges, Contra Costa County, the Cities of San Pablo and Walnut Creek, and the County Flood Control District partnered with the EPA to pilot the RAC System (refer to Attachment D, Fact Sheet, p. 1). Existing rules and guidance authorizing alternative compliance pathways legally support the RAC System. The San Francisco Bay Water Board reviewed and approved the RAC System under MRP Provision C.3.e, the section explicitly devoted to alternative compliance (refer to Attachment E, CCC RAC System Overview, p. 8).

To effectively manage the RAC System, participating agencies are forming a JPA. The JPA is responsible for administering Off‑Site GSI certification, compliance unit accounting, project verification, long-term maintenance funding mechanisms, and annual reporting to the Water Board (refer to Attachment C, Draft JPA Term Sheet, Sections 6 & 11).

DISCUSSION:

The Contra Costa County Regional Alternative Compliance (RAC) System is an innovative, regionally supported approach to fulfilling state‑mandated stormwater treatment obligations. Developed through a partnership between CCCWP, the U.S.

Environmental Protection Agency (EPA), and the San Francisco Bay Regional Water Quality Control Board (“San Francisco Bay Water Board”), the RAC System provides an off‑site, alternate compliance mechanism for the Green Stormwater Infrastructure (GSI) that would normally be required on-site. The RAC System allows both public agencies and private developers to purchase “compliance units” generated by certified Off‑Site GSI projects constructed elsewhere in the County. These units represent an equivalent a m o u n t o f s t o r m w a t e r t r e a t m e n t r e q u i r e d f o r r e g u l a t o r y c o m p l i a n c e .

The RAC System addresses long-standing challenges: constrained development sites, high costs of distributed GSI projects, and the need to target legacy pollutant areas.

Participation in the RAC System is enabled through a new JPA, which provides administrative support, financial mechanisms, and the governance structure necessary to manage Off-Site GSI projects and maintain ongoing compliance. Importantly, the JPA would enable the participating agencies to levy a special tax under the Mello-Roos Community Facilities Act of 1982, as amended (Mello-Roos Act) on private properties Item H.1
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that voluntarily choose to participate in the RAC System (Participating Properties) to f u n d m a i n t e n a n c e o f t h e O f f - S i t e G S I p r o j e c t s .

Pursuant to the Mello-Roos Act, in order for the JPA to form a community facilities district (CFD) that may include Participating Properties in the City (either at the time of CFD formation or by annexation to the CFD) and levy special taxes to finance maintenance of Off-Site GSI projects, the JPA and the City must enter into a joint community facilities agreement or joint exercise of powers agreement.

The RAC System creates a countywide marketplace in which Off‑Site GSI projects— facilities intentionally constructed to treat stormwater from areas beyond their immediate footprint—generate standardized “compliance units.” These units are quantified based on the drainage area treated, pollutant removal performance, rainfall zone, and land use characteristics (Attachment E, CCC RAC System Overview, pp. 33–38).

Once certified by the local jurisdiction where they are located, Off‑Site GSI projects can make their compliance units available for purchase. Public agencies or private developers who cannot feasibly meet on‑site stormwater retention requirements may instead purchase sufficient units to meet their MRP obligations (Attachment D, Fact Sheet, p. 1).

The purchaser also pays for maintenance of the Off-Site GSI projects to ensure the long‑term performance of the Off‑Site GSI project.

Benefits of RAC Participation to the City of Orinda
The RAC System offers several benefits that are particularly important for agencies seeking flexible, affordable ways to meet stormwater regulations.

1. It provides a solution for constrained project sites where onsite GSI is impractical.

Rather than granting variances or requiring redesigns, staff can direct applicants to a consistent, regionally approved alternative compliance mechanism.

2. It supports more cost‑effective stormwater treatment. Large regional GSI facilities can achieve economies of scale, reducing both upfront construction and ongoing maintenance costs per acreage treated compared to multiple small installations dispersed across the city (Attachment D, Fact Sheet, p. 2).

3. RAC participation aligns with regional water quality goals. Off‑Site GSI facilities can be strategically located in areas with high legacy pollutant loads, helping the City make measurable progress toward PCBs and other TMDL targets.

4. RAC participation reduces local administrative burden. The RAC Tracking Tool— maintained by the JPA—stores compliance unit records, tracks buyer/seller transactions, ensures proper verification and maintenance documentation, and houses all regulatory reporting materials (Attachment E, CCC RAC System Overview, p. 40). Without participation in the JPA, these administrative tasks would fall solely on local staff.

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NEXT STEPS:

Staff will return at a future meeting to request that City Council adopt Resolution 23-26 to:

A. Approve participation in the Contra Costa County Regional Alternative Compliance (RAC) Joint Powers Authority (JPA), approve the proposed Joint Powers Agreement, and authorize the City Manager to execute the Joint Powers Agreement.

B. Appoint City Staff as the JPA Board Representative and appoint an Alternate C. Direct staff to take such actions as necessary to participate in the RAC System, including preparation of an ordinance to revise the City’s stormwater ordinance to incorporate participation in the RAC System as an approved alternative compliance for meeting applicable stormwater treatment requirements.

D. Authorize staff to collaborate with the RAC JPA Administrator to support RAC System implementation.

E. Authorize the JPA to establish one or more community facilities districts (CFD), accept applications from property owners, annex properties to the CFD, and levy special taxes to finance on-going maintenance costs for Off-Site GSI Projects; and approve a joint community facilities agreement
FISCAL IMPACT:

Participation in the RAC JPA will require the City/Town/County to contribute to the JPA’s annual operating cost, which, under the Draft JPA Agreement, is shared equally among all member agencies unless modified by agreement (Attachment C, Draft JPA Agreement, Section 17). The amount of this cost will be presented separately upon confirmation of the final annual budget from the JPA Board. The amount is expected to be nominal because the cost of administering the CFD--the primary function of the JPA-- will be paid for out of special taxes collected by the CFD.

Participation may also generate revenue for the City when staff carry out responsibilities such as Off‑Site GSI verification or buyer approvals, as jurisdictions receive payment for performing these duties (Attachment E, CCC RAC System Overview, pp. 13–14, 27).

There is no fiscal obligation for Off‑Site GSI maintenance associated with private development projects, because CFD special taxes cover these costs. Public agency buyers fund O&M directly through agreements with the JPA (Attachment D, Fact Sheet, p. 1; System Overview, pp. 16, 22).

At this time, staff anticipates that JPA membership costs can be absorbed within the City’s existing stormwater program budget. If adjustments or supplemental appropriations become necessary, staff will return to the Council with recommendations.

STRATEGIC PLAN INITIATIVE:

2. Infrastructure Strategy and Improvement
b) Develop a long-term infrastructure vision and funding strategy.

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ATTACHMENTS:

A. CCC RAC System Overview Presentation
B. DRAFT Resolution 23-26
C. RAC JPA Agreement (Term Sheet)
D. RAC System Overview
E. RAC System Fact Sheet
Prepared by: T. Ryan O’Kane, Senior Engineer
Respectfully Submitted by,
Scott Christie, Public Works Director
Approved By:

Linda Smith, City Manager
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Contra Costa County Regional Alternative
Compliance System Overview
Rinta Perkins, CCCWP Interim Program Manager
City of Orinda City Council
April 21, 2026
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Introduction
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What Are the Challenges with the Existing System?
• The Municipal Regional
Stormwater Permit (MRP)
requires low impact
development (LID)/green
stormwater infrastructure
(GSI) to be implemented:
– On new development and
redevelopment projects (C.3.b)
– To retrofit a proportion of
permittee impervious surfaces
(C.3.j)
– To address PCBs/mercury
TMDLs in San Francisco Bay
(C.11/C.12)
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What Are the Challenges with the Existing System?
Challenges:
• Some development sites have
physical or site use constraints
to implement GSI
• Distributed GSI is costly and
requires considerable effort to
maintain
• PCBs/mercury pollution is
concentrated in certain areas
of Contra Costa County Contra Costa County PCBs Load Distribution Item H.1
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How can Regional Alternative Compliance (RAC) address these challenges?
• The RAC System allows an off-site option for new and
redevelopment projects to meet MRP C.3 requirements
– Other regulated stormwater dischargers may also participate (e.g., Caltrans)
• The RAC System allows for investment in regional GSI projects that:
– Are less expensive to implement and maintain per acre treated – Can be located to target old industrial areas
– Could provide multiple benefits
AND
• The RAC System establishes designated O&M funding to
ensure long-term performance of facilities
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What is the Legal Basis for Alternative Compliance?
• Alternative compliance systems
are legally enabled through
existing rules, guidance, and plans
• Contra Costa County (CCC) RAC
System was developed in input
from:
– CCC Permittees
– Advisory Committee made from nine
SF Bay Area Counties + Caltrans +
Port of Oakland
– Water Quality Control Board and
EPA
– Internal and external Legal
Reviewers
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RAC System
Overview
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Contra Costa County RAC System Item H.1
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RAC Joint Powers Authority (JPA) and Community Facilities District (CFD)
R A C J o i n t P o w e r s
A g r e e m e n t
I n i t i a l M e m b e r s
Permittee
1 Permittee
3 Permittee
2 Permittee
4 Permittee
5 Permittee
6 CIP Projects
Non-Profits
R A C S y s t e m P a r t i c i p a t i o n
S e l l e r s & B u y e r s

1. Form
Community
Facilities
District

2. RAC
Administration
Private
Developers
Functions of JPA
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RAC System
Implementation
Process
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RAC Joint Power Authority (JPA)
• JPA Formation and Independence
o A legally separate entity formed with its own liabilities, independent from agency members.
• Term Sheet and Membership
o Outlines JPA powers; how new members are admitted, and legislative body approval.
• Operational Structure and Staffing
o Contract manager instead of hiring employees (avoid pension liabilities and increase flexibility).
• Financial Responsibilities
o Limited to the JPA and shared administrative expenses among members.

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RAC Community Facilities District
CFD formed with initial taxable property only
and multi-jurisdiction “future annexation area”
Properties annex into the CFD as
they to opt to participate in RAC
System
CFD formation requires three
meetings of JPA governing board
JPA authorizes the CFD to levy special taxes to finance the acquisition, improvement, rehabilitation, and maintenance of stormwater infrastructure
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RAC Community Facilities District (Continued)
• Annexing property owner executes “unanimous
approval” (voting in favor of special taxes etc.)
• JPA legislative body may confirm annexations by
resolution
Annexation of Parcels into the
CFD from Future Annexation Area
• Resolution of intention to add territory
• Public hearing and resolution determining addition
of territory to future annexation area
When new public agencies join
the JPA, the JPA legislative body
may add new members’ territory
to the “future annexation area”
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Next Steps for
Implementation
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Contra Costa County RAC System Roll-Out
Phase 1: Initial pilot
exchange within
Contra Costa County
2024
Phase 2: 3-year
initial roll-out across
Contra Costa County
2026 - 2029
Phase 3+: Fully
operational
2029/2030+
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Implementation Steps and Timeline Item H.1
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Next Steps
• Sixteen agencies are interested in joining RAC JPA
• City/Town/County attorney to review and comment on JPA term sheet
• Attend RAC JPA coordination meetings
• Participate in RAC System technical and operational
discussion
• Receive follow-up materials and templates (incl. resolution) • Adoption of resolution and approval of JPA agreement by agency’s governing body
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Contact
Rinta Perkins
Interim Program Manager
[email protected]
(925) 313-2392
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Thank You!
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RESOLUTION NO. 23-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

APPROVE THE JOINT POWERS AGREEMENT BETWEEN PARTICIPATING CITIES,

CONTRA COSTA COUNTY, AND THE CONTRA COSTA FLOOD CONTROL AND

WATER CONSERVATION DISTRICT TO CONSTITUTE THE CONTRA COSTA

COUNTY REGIONAL ALTERNATIVE COMPLIANCE JOINT POWERS AUTHORITY

AND IMPLEMENT THE CONTRA COSTA COUNTY REGIONAL ALTERNATIVE COMPLIANCE SYSTEM; APPOINTING A BOARD MEMBER AND ALTERNATE;

AUTHORIZING THE JOINT POWERS AUTHORITY TO ESTABLISH ONE OR MORE

COMMUNITY FACILITIES DISTRICTS, ACCEPT APPLICATIONS FROM PROPERTY

OWNERS, ANNEX PROPERTIES TO THE CFD, AND LEVY SPECIAL TAXES TO

FINANCE ON-GOING MAINTENANCE COSTS FOR OFF-SITE GSI PROJECTS

CONSTRUCTED PURSUANT TO THE REGIONAL ALTERNATIVE COMPLIANCE SYSTEM WITHIN OR OUTSIDE THE TERRITORY OF THE CITY OF ORINDA; AND

APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT
WHEREAS, the City of Orinda is a “public agency,” as defined in the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., and is authorized to enter into an agreement to exercise powers common to the member public agencies; WHEREAS, the City of Orinda desires to participate in the Contra Costa County Regional Alternative Compliance (“RAC”) System, which is a program designed to offer a flexible, cost-effective, and scientifically defensible compliance option for the Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board, Permit No.

CAS612008;
WHEREAS, the proposed joint powers authority (“JPA”) is being be formed to (i) establish a community facilities district (“CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (“Mello-Roos Act”) in order to finance on-going maintenance costs for “Off-Site GSI Projects” constructed pursuant to the RAC System, and (ii) take other actions in furtherance of the RAC System;
WHEREAS, a joint exercise of powers agreement between participating cities, Contra Costa County, and the Contra Costa Flood Control and Water Conservation District has been prepared to establish the proposed JPA that will implement the RAC System; WHEREAS, the proposed agreement will take effect on the earlier of July 1, 2026, provided that two proposed member agencies have executed the agreement by such date, or when all proposed member agencies have executed the agreement; WHEREAS, each member of the proposed JPA may appoint a representative to serve on the JPA’s Board and an alternative member to serve in the absence of the appointed representative; WHEREAS, the City of Orinda’s legislative body desires to participate in the RAC System and to adopt the Agreement; and WHEREAS, with respect to the CFD:
1) The JPA may establish the CFD to finance the maintenance of Off-Site GSI Item H.1
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Projects pursuant to Section 53313.5(f) of the Mello-Roos Act, which authorizes community facilities districts to finance the acquisition, improvement, rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for flood and storm protection services, including, but not limited to, storm drainage and treatment systems; 2) The City of Orinda desires to allow the owners (“Participating Owners”) of property being developed within its jurisdiction (“Participating Properties”) to participate in the CFD in order to finance on-going maintenance costs for OffSite GSI Projects constructed pursuant to the RAC System, whether those OffSite GSI Projects are located within the boundaries of the City of Orinda or not, and to allow the JPA to conduct proceedings to form the CFD, annex Participating Properties to the CFD and levy special taxes on such Participating Properties;
3) Both the JPA and the City of Orinda are “local agencies” under the Mello-Roos Act;
4) The Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement or joint exercise of powers agreement to exercise any power authorized by the Mello-Roos Act;
5) The City of Orinda desires to enter into such an agreement with the JPA to authorize the JPA to form the CFD and annex to the CFD Participating Properties located within the territorial limits of the City of Orinda for the purpose of financing the maintenance of Off-Site GSI Projects, whether those Off-Site GSI Projects are located within the boundaries of the City of Orinda or not; and 6) The City of Orinda will not be responsible for the conduct of any proceedings to form the CFD, annex Participating Properties to the CFD, levy or collect special taxes, or any required remedial action in the case of delinquencies in such special tax payments.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the following:

1. The City Council Hereby approves the “Joint Powers Agreement Between Participating Cities, Contra Costa County, and the Contra Costa Flood Control and Water Conservation District for Implementation of the Contra Costa County Regional Alternative Compliance System,” attached hereto as Exhibit “A” to this Resolution.

2. Prior to the effective date of the Agreement, the City Council hereby authorizes minor and technical revisions to the Agreement approved in Section 1 that do not change the overall intent of the Agreement or increase liability or cost exposure.

3. The City Council appoints [INSERT PRIMARY MEMBER’S NAME OR POSITION] as the representative on the JPA’s Board and [INSERT ALTERNATE MEMBER’S NAME OR POSITION] as the alternative representative on the JPA’s Board.

4. The City Council authorizes the [MAYOR/CITY MANAGER /DIRECTOR/ PRESIDENT] to execute the Agreement.

Item H.1
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5. Direct staff to take such actions as necessary to participate in the RAC System, including preparation of an ordinance to revise the City’s stormwater ordinance to incorporate participation in the RAC System as an approved alternative compliance for meeting applicable stormwater treatment requirements.

6. Authorize staff to collaborate with the RAC JPA Administrator to support RAC System implementation.

7. The Agreement, together with the terms and provisions of this Resolution, shall together constitute a separate joint community facilities agreement between the City of Orinda and the JPA under the Mello-Roos Act for the CFD. The City Council hereby authorizes the JPA to form one or more community facilities districts to accomplish the purposes of this Resolution, and each such community facilities district shall constitute a CFD as that term is used in this Resolution.

8. The adoption by the JPA of a resolution of intention to form the CFD under the Mello-Roos Act to finance on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System shall constitute acceptance by the JPA of the terms of this Resolution with respect to such CFD.

9. This Resolution shall constitute full approval under Section 8.2 of the Agreement for the JPA to undertake and conduct proceedings under the Mello Roos Act to form the CFD with boundaries that include Participating Properties within the City of Orinda’s jurisdiction, to annex Participating Properties within the City of Orinda’s jurisdiction to the CFD, and to levy a special tax on such Participating Properties; provided that the Participating Owners, who shall be the legal owners of such property at the time of formation of the CFD or annexation to the CFD, as applicable, execute a ballot or unanimous approval in favor of the levy of the special tax in accordance with the Mello-Roos Act.

10.The City Council hereby determines that the Agreement, together with the terms and provisions of this Resolution, are beneficial to the residents/customers of the City of Orinda and of the future residents of the area within the CFD.

11.The City Council hereby determines that all of the Off-Site GSI Projects constructed pursuant to the RAC System that will be maintained by Participating Properties within the City of Orinda’s jurisdiction are necessary to meet increased demands placed upon the City of Orinda as a result of development occurring or expected to occur within the City of Orinda.

12.The City of Orinda hereby consents to the formation of, and annexation of Participating Properties to, the CFD in accordance with this Resolution, and consents to the assumption of jurisdiction by the JPA for the proceedings respecting the CFD with the understanding that the JPA will hereafter take each and every step required for or suitable for consummation of the proceedings to form the CFD or annex Participating Properties to the CFD, and the levy, collection and enforcement of the special tax, all at no cost to the City of Orinda and without binding or obligating the City of Orinda’s general fund or taxing authority.

13.The City Council hereby authorizes and directs appropriate officials and staff of the City of Orinda to execute and deliver such certificates, agreements and Item H.1
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documents, and to take all such other lawful actions, as are reasonably required by the JPA in accordance with the formation of the CFD, the annexation of Participating Properties to the CFD, the levy of special taxes and the financing of on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System.

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on __________ by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:
___________________________
Sheri Marie Smith, City Clerk
Item H.1
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JOINT POWERS AGREEMENT
Between Participating Cities, Contra Costa County, and the Contra Costa Flood Control and Water Conservation District to Establish the Contra Costa County Regional Alternative Compliance Joint Powers Authority for
Implementation of the Contra Costa County Regional Alternative Compliance System This Joint Powers Agreement (“Agreement”) dated July 1, 2026, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among [INSERT FINAL LIST OF PARTICIPATING AGENCIES] (collectively, “Member Agencies” and each, individually, a “Member Agency”). The term “Member Agencies” shall also include a public agency added to this Agreement in accordance with Section 14.

RECITALS
A. The joint powers authority (“JPA”) formed pursuant to this Agreement to administer the Contra Costa County Regional Alternative Compliance (“RAC”) System is authorized to (i) establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (“Mello-Roos Act”) in order to finance on-going maintenance costs for “Off-Site GSI Projects” constructed pursuant to the RAC System, and (ii) take other actions in furtherance of the RAC System.

B. The RAC System is a program designed to offer a flexible, cost-effective, and scientifically defensible compliance option for the Municipal Regional Permit’s development provisions requiring post-construction stormwater treatment. The Municipal Regional Permit is a Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board, Permit No. CAS612008.

C. The RAC System allows the owners of regulated developments and certain public agencies (buyers) to purchase “compliance units” in green stormwater infrastructure (GSI) treatment facilities or “Off-Site GSI Projects” constructed elsewhere within the County.

D. The developers of the Off-Site GSI Projects, which may be public agencies or private entities, generate the “compliance units” that can be exchanged through the RAC System and purchased by the buyers (owners of the regulated developments and public agencies that cannot treat stormwater on their own sites). Private buyers will contribute to the cost of operating and maintaining the Off-Site GSI Projects by annexing their development sites into the proposed community facilities district formed by the JPA. Public agencies that are buyers will pay fees directly to the JPA as an alternative funding mechanism because such public agencies cannot be levied a special tax under the proposed community facilities district.

Item H.1
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Member Agencies as follows:

1. DEFINITIONS
Capitalized terms used in the Agreement shall have the meanings specified below, unless the context requires otherwise.

1.1 “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.).

1.2 “Agreement” means this Joint Powers Agreement.

1.3 “Board” means the Board of Directors for the Joint Powers Authority.

1.4 “Effective Date” means the date on which this Agreement shall become effective and the JPA shall exist as a separate public agency, as further described in Section 5.

1.5 “JPA” means the Contra Costa County Regional Alternative Compliance Joint Powers Authority.

1.6 “Off-Site GSI Project” means a green stormwater infrastructure project eligible to exchange compliance credits under the RAC System.

1.7 “RAC System” means the Contra Costa County Regional Alternative Compliance System.

2. NAME OF THE JPA
The JPA shall be known as the Contra Costa County Regional Alternative Compliance Joint Powers Authority.

3. PURPOSE
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Member Agency and any other powers granted to the JPA under applicable law, including the Act and the Mello-Roos Act. The JPA shall administer the RAC System.

4. ESTABLISHMENT OF THE JPA

4.1 Separate Legal Entity. The JPA, as a joint powers authority, is a separate entity from the Member Agencies and is responsible for the administration of this Agreement.

Item H.1
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4.2 Filing of Notices with Secretary of State and County Clerk. Within thirty (30) days after the Effective Date of this Agreement, the JPA shall cause a notice of this Agreement to be prepared and filed with the office of the California Secretary of State and the State Controller containing the information required by California Government Code Section 6503.5.

4.3 Filing of Notices with County and LAFCO. Within seventy (70) days after the Effective Date of this Agreement, the JPA shall cause a statement of the information concerning the JPA, required by California Government Code Section 53051, to be filed with the office of the California Secretary of State, the Contra Costa County Clerk, and the Contra Costa County Local Agency Formation Commission (LAFCO) stating the facts required to be stated pursuant to subdivision (a) of Government Code Section 53051.

5. TERM
The Agreement shall become effective upon the earlier date of July 1, 2026, provided that two Member Agencies have executed the Agreement by such date, or when all Member Agencies have executed the Agreement (“Effective Date”). The Agreement will remain effective until the JPA is dissolved through procedures outlined in Section 18 of this Agreement.

6. POWERS AND OBLIGATIONS OF THE JPA

6.1 General Powers. The JPA shall have the power in its own name to exercise any and all common powers of its Member Agencies and such additional powers accorded to it by law reasonably related to the purposes of the JPA, including, but not limited to, the powers to:
a. Acquire, lease, construct, own, manage, maintain, dispose of or operate (subject to the limitations herein) any buildings, works or improvements within the boundaries of the Member Agencies deemed necessary by the Board to implement the RAC System; b. Acquire, hold, manage, maintain, or dispose of any other property within the boundaries of the Member Agencies by any lawful means, including without limitation gift, purchase, lease, lease-purchase, license, eminent domain or sale to support the RAC System; c. Seek, receive, and administer funding from any available public, nonprofit, foundation or private source, including grants or loans under any available Federal, State and local programs to support the RAC System;
d. Make and enter into other contracts;
e. Form and implement one or more community facilities districts pursuant to the Mello-Roos Act;
f. Incur all authorized debts, liabilities, and obligations, subject to the limitations herein to accomplish the stated purposes and objectives of the JPA; Item H.1
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g. Receive gifts, contributions and donations of property, funds, services and other forms of financial or other assistance from any persons, firms, corporations or governmental entities;
h. Sue and be sued in its own name;
i. Seek the adoption or defeat of any Federal, State or local legislation or regulation necessary or desirable to accomplish the stated purposes and objectives of the JPA; j. Adopt rules, regulations, policies, bylaws and procedures governing the operation of the JPA;
k. Invest money pursuant to California Government Code Section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code as it now exists or may hereafter be amended; l. Carry out and enforce all the provisions of this Agreement; and m. Exercise all other powers not specifically mentioned herein, but common to Member Agencies, and authorized by California Government Code Section 6508 as it now exists or may hereafter be amended.

6.2 Specific Powers and Obligations. The JPA shall have the power in its own name to exercise the following specific powers and obligations to:
a. Conduct an audit of the records and accounts of the JPA annually by an independent certified public accountant and ensure that copies of such audit report shall be filed with the State Controller and the County Auditor, and shall be provided to the Member Agencies no later than fifteen (15) days after receipt of such audit reports by the JPA; b. Use any statutory power available to it necessary or desirable to finance the exercise of any power of the JPA; and
c. Defend, hold harmless and indemnify, to the fullest extent permitted by law, each Member Agency from any liability, claims, suits or other actions.

7. BOARD OF DIRECTORS

7.1 JPA Governing Board. The JPA shall be governed by a Board of Directors. Each director shall have a single vote on matters coming before the Board.

7.2 Board Members and Alternates. Within thirty (30) days after the Effective Date of this Agreement, each Member Agency shall designate and appoint one its officers, officials, or employees to serve as its representative on the Board. Within thirty (30) days after a new Member Agency becomes a party to this Agreement, the Member Agency shall designate and appoint one of its officers, officials, or employees to serve as its representative on the Board.

Each Member Agency may appoint an alternate representative who is authorized to serve on the Item H.1
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Board only in the absence of the Member Agency’s primary representative, with the same authority as the primary representative. All primary representatives and alternates shall serve until they are replaced by the appointing Member Agency, or until the withdrawal of the Member Agency from this Agreement, or until such time as they are no longer an officer, official, or employee of the Member Agency. Board members and their alternates shall serve without compensation, but they shall be entitled to reimbursement of expenses they actually incur in connection with their service on the Board, provided such expense is authorized in advance by the Board.

7.3 Qualifications. Each Member Agency shall determine the officers, officials, or employees that will serve as the Member Agency’s primary representative, and their alternate, on the Board of Directors.

7.4 Board Officers. The Board shall annually select one of its members to serve as Chair and another member to serve as Vice Chair.
a. If the Chair is unable to continue serving on the Board, then the ViceChair shall become Chair. The Board shall then select a new Vice Chair from among the remaining members of the Board.
b. If the Vice Chair is unable to continue serving on the Board, the Board shall select a new Vice Chair from among the remaining members of the Board. c. The Chair shall preside over all meetings of the Board and perform such other duties as may be imposed by the Board in accordance with applicable law and this Agreement.
d. The Vice-Chair shall preside over all meetings of the Board in the Chair’s absence and perform such other duties as may be imposed by the Board in accordance with applicable law and this Agreement when the Chair is absent.

7.5 Additional Officers and Consultants. The Board may appoint any additional officers deemed necessary or desirable. The Board may also retain such consultants or independent contractors as may be deemed necessary.

7.6 Bonding Requirements. The officers or persons designated to have charge of, handle, or have access to any funds or property of the JPA shall be so designated and empowered by the Board. Each such officer or person may be required to file an official bond with the JPA in an amount established by the Board.

7.7 Subcommittees. The Board may create permanent or ad hoc subcommittees to give advice to the Board on such matters as may be referred to such subcommittee by the Board.

7.8 Meetings. The Board shall hold publicly noticed meetings in accordance with a schedule established by the Board. The Board shall meet no less than once per year. Meetings shall be conducted and noticed in accordance with the provisions of the Ralph M. Brown Act.

7.9 Voting. All voting powers of the JPA shall reside in the Board.

Item H.1
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7.10 Quorum; Votes for Board Actions. A majority of the members of the Board, or their alternates, shall constitute a quorum for the transaction of business, except that less than a quorum of the Board may adjourn a meeting for lack of quorum. Except as provided in Section 14 or where a larger affirmative vote is required by law, any action of the Board shall require an affirmative vote of a majority of the Directors present at a meeting, provided that a quorum of the Board is present.

7.11 Approval of Annual Budget. The JPA’s fiscal year shall begin July 1 of each calendar year, and it shall end on June 30 of the next calendar year; provided, however, that the JPA’s first fiscal year shall begin the date this Agreement becomes effective, and it shall end on the June 30 occurring thereafter. In each fiscal year after the first fiscal year, prior to April 1 of each year, the Manager shall prepare and present a proposed budget for the following fiscal year to the Board for its review and consideration; and prior to July 1 of each year, the Board shall consider approving the final budget for the following fiscal year.

7.12 Minutes. The Secretary shall cause minutes of all meetings of the Board to be drafted. Upon approval by the Board, such minutes shall become a part of the official records of the JPA.

7.13 Conflicts of Interest.
a. California Political Reform Act. Board members shall be considered “public officials” within the meaning of the California Political Reform Act of 1974, as amended, and its regulations, for purposes of financial disclosure, conflict of interest and other requirements of such Act.
b. Levine Act. Board members are “officials” within the meaning of California Government Code Section 84308 (the “Levine Act”) and subject to the restrictions of such act on the acceptance, solicitation or direction of contributions.

8. POWERS AND DUTIES OF GOVERNING BOARD

8.1 Powers and Duties. In addition to exercising the powers and obligations of the JPA set forth in Section 6, or as otherwise provided by law, the JPA Board of Directors shall have the following powers:
a. Perform the activities described in Section 8.2 with respect to the community facilities district described therein;
b. Perform activities necessary and convenient to assist Member Agencies comply with the Municipal Regional Permit and to implement the RAC System, including filing required documentation with the San Francisco Regional Water Quality Control Board; c. Review and recommend an annual budget to the Member Agencies, which shall include the proposed contribution from each Member Agency; d. Make and enter into contracts or sub-contracts, and authorize by resolution officers or agents to execute such contracts;
Item H.1
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e. Incur debt, liabilities and obligations on behalf of the JPA as authorized by law;
f. Invest JPA funds pursuant to an investment policy of the JPA adopted by the Board of Directors;
g. Receive contributions, donations or grants of property, funds, services, or other forms of assistance from any source;
h. Coordinate JPA activities with other Joint Powers Authorities or public agencies established for similar purposes in pursuing the common purposes set forth above; i. Appoint a Legal Advisor for the JPA;
j. Appoint, suspend and or terminate the Manager or enter into and terminate agreements for Management Services;
k. Appoint a Secretary;
l. Adopt, and amend from time to time, bylaws, rules, and regulations for the conduct of meetings of the Board and of the affairs of the JPA consistent with this Agreement; and
m. Adopt, and amend from time to time, a conflict of interest code.

8.2 Community Facilities District. The Board of Directors will consider forming one or more community facilities districts (each, a “CFD”) in accordance with the Mello-Roos Act to finance maintenance of Off-Site GSI Projects. If a CFD is formed by the Board, the following will apply:
a. The CFD will levy special taxes on development sites owned by private buyers to finance maintenance of Off-Site GSI Projects. Off-Site GSI Projects may be publiclyowned or privately-owned. The JPA is authorized and empowered to enter into agreements with owners of Off-Site GSI Projects to provide for CFD funding of maintenance. b. The CFD will initially be formed to include (i) original CFD boundaries that consist of a single property within the jurisdiction of one of the Member Agencies, and (ii) a future annexation area that includes the remaining territory of the initial Member Agencies. As a result of such agencies executing this Agreement, no further approval shall be required from such Member Agencies for the Board of Directors to include such Member Agencies’ territory in the original CFD boundaries or the CFD’s future annexation area or to annex properties in such Member Agencies’ territory to a CFD.
c. As additional public agencies join the CFD, the Board of Directors will consider adding such agencies’ territory to the CFD’s future annexation area. As a result of such agencies executing this Agreement, no further approval shall be required from such agencies for the Board of Directors to add such agencies’ territory to the CFD’s future annexation area or to annex properties in such Member Agencies’ territory to a CFD.

Item H.1
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d. Each Member Agency shall approve this Agreement by adopting a resolution in the form determined by the JPA. The terms and provisions of such resolution along with this Agreement shall constitute a joint exercise of powers agreement as defined in Section 53316.2 of the Mello-Roos Act between the JPA and a Member Agency. e. The Board of Directors will be responsible for considering the levy of special taxes to fund maintenance of Off-Site GSI Projects and administering the CFD. The Board of Directors may engage necessary consultants to assist with the formation and administration of a CFD.
f. The Board of Directors shall be responsible for preparing and approving all reports and notices required by the Mello-Roos Act. The Board of Directors may delegate to the Manager, or contract with another person or entity, the preparation of reports and notices required by the Mello-Roos Act, provided that the Board of Directors retains discretion to approve the reports and notices prior to submission, circulation, or publication.

9. OPERATIONS AND FACILITIES

9.1 Principal Office. The principal physical office of the JPA shall be established by Board resolution at one of the Member Agencies’ offices or at another suitable location within a Member Agency’s jurisdiction.

9.2 Assumption of Responsibilities by the JPA. As soon as practicable after the Effective Date of this Agreement, a notice of an organizational meeting of the Board shall be published. During the first meeting, the Board shall designate a Manager, or engage a contractor to perform Management Services, who shall have the authority described in Section 11 and as otherwise delegated by the Board.

9.3 Delegation of Authority; Transfer of Records, Accounts, Funds and Property.

The JPA shall establish procedures by which it may receive the transfer of records, accounts, funds or property from Member Agencies or other entities.

10. NO EMPLOYEES

10.1 The JPA shall not hire employees or retain consultants that could otherwise be classified as common law employees.

11. MANAGER OF THE JPA

11.1 Powers and Duties. The Manager contracted by the Agency may be a staff person of one of the Member Agencies, a consultant, an independent contractor, or an employee of another entity who can perform the responsibilities and duties described in this section JPA, as determined by the Board in its sole discretion. The Manager shall have the following powers, responsibilities and duties:
a. Plan, coordinate and supervise the operation of the JPA on a day-to-day basis to ensure that the policies and direction of the Board are implemented operationally and administratively;
Item H.1
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b. Make recommendations to the Board regarding the operations of the JPA and, if formed, the CFD;
c. Supervise and manage JPA contractors;
d. Establish administrative policies and procedures for the JPA consistent with and in order to implement directives from the Board; e. Prepare the annual budget for submission to the Board; f. Support compliance activities for the Member Agencies’ compliance with the Municipal Regional Permit through the RAC System; and g. Such other powers and authority delegated by the Board.

12. TREASURER AND AUDITOR

12.1 The Board shall appoint one of its officers to be the Auditor of the JPA. The Auditor shall draw warrants or check-warrants against funds of the JPA held by the Treasurer when the demands are approved by the Board of Directors or other person designated for that purpose and delegated that authority. The Board may transfer the responsibilities of Auditor to any person or entity authorized by Government Code Sections 6505.5 or 6505.6.

12.2 The Treasurer of the JPA shall be a certified public accountant. The Treasurer shall receive, have custody of, and disburse all monies of the JPA. The Board may transfer the responsibilities of Treasurer to any person or entity authorized by Government Code Sections 6505.5 or 6505.6.

13. INSURANCE AND LIABILITY

13.1 Insurance Coverage. The JPA shall be responsible for obtaining insurance coverage for its activities, as the Board deems appropriate.

13.2 Limitation on Liability. No debt, liability, or obligation of the JPA shall constitute a debt, liability, or obligation of any Member Agency. Except as expressly authorized by the Member Agencies, no Member Agency shall be responsible for the acts and omissions of another Member Agency’s officers or employees nor shall a Member Agency incur any liabilities arising out of the services and activities of another Member Agency’s officers or employees.

14. ADDITION OF MEMBER AGENCIES
The addition of any other agency as a Member Agency to the JPA shall require the approval of three-quarters of the entire Board. Upon approval by the Board, the new Member Agency shall execute a copy of this Agreement and return it to the JPA to be appended to the official version of this Agreement. Recognizing the effort of the original Member Agencies to establish the JPA, the Board may require a financial contribution to become a member of the JPA.

Item H.1
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15. MAINTENANCE AND OPERATION COSTS: COST ALLOCATION

15.1 Records and Accounts. The JPA shall cause to be kept accurate and correct books of account, showing capital costs (if any), and maintenance and operation costs of the JPA. The aforementioned described books and records shall be open to inspection at all times during normal business hours by Member Agencies. The Treasurer shall cause all financial records of the JPA to be audited by an independent public accountant or certified public accountant at least once a fiscal year and a copy of the audit to be delivered promptly to each Member Agency.

15.2 Allocation of Operating Expenses. Unless changed by mutual agreement of the Member Agencies, the operating costs and expenses in the budget shall be shared equally by the Member Agencies. Notwithstanding the foregoing, any remaining operating costs and expenses associated with the operation and maintenance of the Off-Site GSI Projects and the administration of the CFD, which are not fully paid for by special taxes collected by the CFD, shall be apportioned to the Member Agencies based upon the maximum special taxes levied in each Member Agency’s jurisdiction.

16. WITHDRAWAL OF A MEMBER AGENCY FROM THE JOINT POWERS

AUTHORITY
A Member Agency may withdraw from this Agreement by filing written notice of intention to do so with the Manager and Chair no later than 5:00 p.m. of the December 31st immediately preceding the commencement of the following fiscal year (July 1 - June 30). The Member Agency’s withdrawal shall be effective at 11:59 p.m. on June 30th of the fiscal year in which the notice of intention was received. Withdrawal shall not relieve the Member Agency from any financial commitments associated with projects or programs that the withdrawing Member agreed to participate in prior to the effective date of the withdrawal. The withdrawal of any Member Agency shall not terminate this Agreement provided at least two (2) Member Agencies remain parties to the Agreement.

Withdrawal by a Member Agency shall not have any effect on the obligation to pay special taxes of any property in the jurisdiction of such Member Agency that has annexed into a CFD.

17. DISPOSITION OF ASSETS UPON WITHDRAWAL OF A MEMBER AGENCY No Member Agency, by withdrawing, shall, except as may be agreed to by the Board, be entitled to payment or return of funds paid or property donated, if any, by the withdrawing Member Agency to the JPA or to any distribution of its assets.

18. TERMINATION; DISSOLUTION AND DISPOSITION OF ASSETS
This Agreement may be terminated and the JPA dissolved upon the consent of all Member Agencies then party to the JPA. Upon termination of this Agreement and dissolution of the JPA, JPA funds shall first be used to pay expenses, debts, liabilities and obligations of the JPA; and any remaining JPA funds shall be distributed to the Member Agencies in proportion to contributions made by the Member Agencies. The Board shall reasonably value any remaining property in accordance with generally accepted accounting principles. This JPA shall not dissolve as long as there are properties within the boundaries of a CFD that are obligated to pay Item H.1
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special taxes to maintain Off-Site GSI Projects unless the authority for governance of the CFD has been transferred by the JPA to another jurisdiction in accordance with the Mello-Roos Act.

19. CAPITAL ASSETS
Capital assets of Member Agencies may be transferred to the JPA according to the disposition rules of the Member Agencies.

20. CONTRIBUTIONS AND ADVANCES
Pursuant to Government Code Section 6504, the Member Agencies may in their discretion make financial contributions, loans or advances to the JPA for the purposes of the JPA set forth in this Agreement. The repayment of such contribution, loans or advances will be on the written terms agreed to by the Member Agency making the contribution, loan or advance and the JPA.

21. LIMITATIONS ON POWERS
As required by Government Code Section 6509, the power of the JPA is subject to the restrictions upon the manner of exercising power possessed by the City of San Pablo.

22. AMENDMENT
Any amendment to this Agreement must be in writing and approved by the governing bodies of all Member Agencies, provided, however, that no such amendment shall be entered into if the amendment would conflict with the provisions of any bonds (as defined in Government Code section 6585(c)), indenture, trust agreement, contract or other agreement securing or relating to any outstanding bonds of the JPA issued pursuant to state or federal laws. In addition, no amendment shall have any effect on the JPA’s authority to levy or collect special taxes or pay such special taxes to maintain Off-Site GSI Projects unless the authority for governance of the CFD has been transferred by the JPA to another jurisdiction in accordance with the Mello-Roos Act.

23. NOTICE
Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. Mail, registered or certified, postage prepaid, addressed to the Member Agencies at their addresses as reflected in the records of the JPA, and shall be deemed to have been received by the Member Agencies to which the same is addressed upon the earlier of receipt or seventy-two (72) hours after mailing.

24. SEVERABILITY
If a provision of the Agreement is found to be illegal or unenforceable, the validity of the remaining portions or provisions shall not be affected.

25. SUCCESSORS
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This Agreement shall be binding upon and accrue to the benefit of any successor of a Member Agency.

26. ASSIGNMENT AND DELEGATION
No Member Agency may assign any rights or delegate any duties under this Agreement without the written consent of all other Member Agencies.

27. COUNTERPARTS
This Agreement may be executed in one (1) or more counterparts.

28. DISPUTE RESOLUTION.

The Member Agencies and the JPA shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Should any dispute among the Member Agencies arise out of this Agreement and should the Member Agencies be unable to resolve the dispute, the Member Agencies shall, at the written request of any Member Agency, meet in mediation and attempt in good faith to reach a resolution with the assistance of a mutually acceptable mediator.

In the event that mediation does not result in the settlement of a dispute within 120 days after the demand for mediation is made, any Member Agency and the JPA may pursue any remedies provided by law.

29. INTEGRATION
This Agreement represents the full and entire Agreement among the Members.

IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the Joint Powers Authority set forth above. [PARTY]
By: _______________________________
Name: _______________________________
Title: _______________________________
Date: _______________________________
Party: _____________________________
[PARTY]
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By: _______________________________
Name: _______________________________
Title: _______________________________
Date: _______________________________
Party: _____________________________
Item H.1
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Project Background
The Cities of San Pablo, and Walnut Creek, and unincorporated Contra Costa County have partnered with USEPA through a San Francisco Bay Water Quality Improvement Fund grant to develop and pilot a Regional Alternative Compliance (RAC) System within Contra Costa County (the “Contra Costa County RAC System”). Entities in Contra Costa County must comply with the substantial post-construction stormwater treatment (i.e., Provision C.3) requirements of the San Francisco Bay Region Municipal Regional Stormwater Permit (MRP). Alternative Compliance Systems have been used in other areas of the United States to help municipalities, developers, and industry meet rigorous stormwater compliance requirements. The Water Board and legal reviewers were involved in developing the Contra Costa County RAC System.

What is the Contra Costa County Regional Alternative Compliance (RAC) System? The Contra Costa County RAC System is a program designed to provide a flexible, cost-effective, and scientifically defensible MRP C.3 compliance option to implement required post-construction stormwater treatment off-site.

How does the Contra Costa County RAC System work?
The Contra Costa County RAC System allows green stormwater infrastructure (GSI) treatment facilities or “Off-Site GSI Projects” to be constructed within the County to generate “compliance units” that can be exchanged through the System.

Compliance units can be sold to an interested party (i.e., a developer or municipality) in need of off-site stormwater treatment for MRP compliance.

A seller would design and
construct the Off-Site GSI
Projects that generate Contra
Costa County RAC System
compliance units. Off-Site GSI
Projects require certification
through the Contra Costa
County RAC System before
compliance units can be sold.

A buyer would pay for Contra
Costa County RAC System
compliance units to satisify
their project’s stormwater
compliance needs by
completing a “compliance
purchase”. Buyers would pay
an additional annual fee to
cover the ongoing operations
and maintenance (O&M) of
the Off-Site GSI Projects that
generate compliance units.

What does it mean
to be a “buyer”?
What does it mean
to be a “seller”?
Regional Alternative
Compliance System

PUBLIC FACT SHEET
Contra Costa County
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The Contra Costa County RAC System provides equivalency calculations, template agreements, and an online RAC System Tracking Tool to help interested parties
determine their treatment requirements and complete
transactions through the buying and selling of compliance units.

Why is this important? What is the benefit of a
RAC System?
The Contra Costa County RAC System provides an
opportunity for the strategic development, siting, and
funding of larger regional stormwater treatment facilities (regional Off-Site GSI Projects) in areas with greater
legacy pollutant concerns. Regional stormwater treatment facilities are sited and designed to treat large drainage areas ranging from tens to hundreds of acres.

The Contra Costa County RAC System is also expected
to achieve cost savings for participants as larger stormwater treatment facilities typically have reduced capital and O&M costs per treated acre.

Who might be interested in participating?
Developers - Some development
and redevelopment sites may have
constraints (size, steep grades, etc.) that
make it difficult to build on-site stormwater
treatment. When a project has difficulty
building MRP-required stormwater
treatment on-site, it can use the Contra
Costa County RAC System to comply
with the MRP.

Municipalities - Municipalities may
purchase compliance units to comply
with MRP Provision C.3.j impervious
surface retrofit requirements.

Additionally, municipalities with
Regulated Projects such as large road
reconstruction projects could use the
Contra Costa County RAC System to
comply with the MRP. Municipalities may
also act as “sellers” through the Contra
Costa County RAC System.

Non-profits - Non-profits or other
environmental organizations may be
interested in building GSI facilities
that can be partially funded by selling
compliance units through the Contra
Costa County RAC System.

Contractors - Developers or contractors
may be interested in building Off-Site GSI
Projects to generate compliance units
that can be sold through the Contra Costa
County RAC System.

Next Steps
In 2023 and 2024, the first Contra Costa County
RAC System exchange will be conducted as a pilot,
and System administration processes will be further
developed. The Contra Costa County RAC System is
anticipated to be operational for additional exchanges
by the end of 2024.

More Details on Off-Site GSI
Projects:

Off-Site GSI Projects must be non-regulated, that is,
not required as part of any development project or
“Regulated Project” as defined by the MRP.

The compliance units generated by an Off-Site GSI
Project are calculated based on the acres and land
use that it treats.

Off-Site GSI Projects require ongoing verification,
consistent with processes used for existing GSI
facilities, and are eligible to receive annual operation and maintenance payments so they are properly
maintained.

Regional Alternative
Compliance System

PUBLIC FACT SHEET
Contra Costa County
For more information, please visit the Contra Costa County RAC System Project Website:
www.sanpabloca.gov/2685/Regional-Alternative-Compliance Item H.1
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Contra Costa County Regional Alternative
Compliance System Overview
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Introduction
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What Are the Challenges with the Existing System?
• The Municipal Regional
Stormwater Permit (MRP)
Provision C.3 requires low
impact development
(LID)/green stormwater
infrastructure (GSI) to be
implemented:
– On new development and
redevelopment projects
– To retrofit a proportion of
permittee impervious surfaces
(C.3.j)
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What Are the Challenges with the Existing System?
Challenges:
• Some re/development sites
have physical or site use
constraints to implement GSI
• Distributed GSI is costly and
requires considerable effort to
maintain
• Legacy pollution is
concentrated in certain areas
of Contra Costa County
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How can Regional Alternative Compliance (RAC)
address these challenges?
• The RAC System allows an off-site option for new and
redevelopment projects to meet MRP C.3 requirements
– Other regulated stormwater dischargers may also participate (e.g.

Caltrans, Phase II permittees, etc.)
• The RAC System allows for investment in regional GSI projects that:
– Are cheaper to implement and maintain per acre treated – Can be located to target legacy pollution in the County – Could provide additional multiple benefits
AND
• The RAC System establishes designated O&M funding to
ensure long-term performance of facilities
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RAC System
Development
Process
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What is the Legal Basis for Alternative Compliance?
• Alternative compliance systems
are legally enabled through
existing rules, guidance, and plans
• Contra Costa County (CCC) RAC
System was developed in input
from:
– CCC Permittees
– Advisory Committee made from nine
SF Bay Area Counties + Caltrans +
Port of Oakland
– Water Quality Control Board and
EPA
– Internal and external Legal
Reviewers
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Regional Water Board
• The Water Board has approved
the Contra Costa County RAC
System under the current MRP
Provision C.3.e “alternative
compliance”
• RAC System reporting will be
delivered to Water Board at a
specified frequency each permit
term
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RAC System
Implementation
Process
System Overview and
Participant Roles
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Contra Costa County RAC System Item H.1
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RAC System Participants - Sellers
• Design, construct, and maintain Off-Site GSI projects • Request certification of compliance units by the RAC System • Receive payment once compliance units are sold
• Receive reimbursement for O&M performed
• May include:
– MRP Permittees
– Contractors/Developers
– Community Based Public-Private Partnerships (CBP3)
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RAC System Participants - Buyers
• Purchase compliance units for their compliance purposes • Pay an ongoing O&M Fee
• May include:
– Developers
– MRP Permittees
– Other parties subject to NPDES Permits (Caltrans, Phase II permittees, etc.)
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RAC System Participants –
Jurisdictions/Permittees (Facilitator)
 Approve use of RAC System (i.e., City Council resolution)  Update Stormwater Ordinance to include RAC system
For Off-Site Projects in their boundary:
• Assist with Off-Site GSI Project Certification
• Enter data into RAC System Tracking Tool
• Perform On-Going GSI Project Verification
• Receive payment for these duties
Off-Site GSI Project in Jurisdiction A Jurisdiction A performs these actions Off-Site GSI Projects
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RAC System Participants –
Jurisdictions/Permittees (Facilitator)
For Buyers:
• Approve use of RAC System by Buyer
• Help identify Compliance Units available for private Buyers • Facilitate Compliance Purchase, Agreements, and Ongoing O&M Fee for these private Buyers
• Receive payment for these RAC System duties
When a Buyers project is
located in Jurisdiction A
Jurisdiction A
facilitates these
transactions
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RAC System Participants - Administrator
• Provides oversight for RAC System actions/transactions • Oversight of the RAC System fund
• Manages Tracking Tool
• Manages annual reporting to Water Board
• Performs adaptive management of RAC System
• Receives administrative payments to cover these duties Item H.1
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RAC System Participants – Community Facilities
District*
• Collects ongoing O&M Fees from Buyers
• Manages O&M Fund
• Disburses payments for O&M performed on Off-Site GSI
Projects
• CFD may not apply to permittee when acting as Buyers (would use agreement)
* Or Equivalent Mechanism
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Public Agency to Developer Exchange
+
Compliance Purchase ($$)
Seller
Payment for Compliance Units Purchased ($$)
Reimbursement for
O&M Performed ($$)
Seller requests
certification of
compliance units
O&M Fee
($$)
Contra Costa County RAC System
Buyer
Seller Designs, Constructs, and
Maintains Off-Site GSI Project
Compliance Units
Off-Site GSI Project
Certification
Data Entry into RAC
System Tracking Tool
Off-site GSI Project
Ongoing O&M
Verification
Off-Site GSI Project
Compliance Units are
Available for
Purchase
Buyer makes one-time
Compliance Purchase
Buyer pays ongoing O&M Fees
through RAC System Agreement
Community Facilities
District or other
Mechanism
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RAC System
Implementation
Process
Compliance Units Costs
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Buyer Compliance Purchase
• Buyer purchases Equivalent Acres Greened compliance units proportional to their compliance needs
𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶
= 𝐸𝐸𝐸𝐸 𝐸𝐸𝐸𝐸 𝐸𝐸 𝐸𝐸𝐸𝐸 𝐴𝐴 𝐺𝐺 𝐺𝐺 × 𝑁𝑁 𝑁𝑁 𝑅𝑅 𝑅𝑅 × 𝐶𝐶 𝐸𝐸𝐸𝐸𝐸𝐸 + 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝐴𝐴 𝐴𝐴𝐴𝐴𝐴𝐴 𝐴𝐴 𝐴𝐴 • The compliance purchase amount is determined by:
– The cost per equivalent acre greened for the units purchased – An administrative payment
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Equivalent Acres Greened Cost Basis: Capital Cost
• How much do we expect compliance units to cost?
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Equivalent Acres Greened Cost Basis: Capital Cost
• How much do we expect Equivalent Acres Greened
compliance units to cost? Based on a cost study, not including administrative fees, for non-infiltrating facilities:
– Regional Off-Site GSI Projects - estimated $120,000 per compliance unit
– Regional Off-Site GSI Projects (for drainage area less than 100 acres):
$235,000 per compliance unit
– Green Street/LID Off-Site GSI Projects - estimated $460,000 - $500,000+ per compliance unit
• A cost study will determine the administrative fees
– These are expected to be $2,000 - $6,000 per project and may vary by jurisdiction. These are preliminary estimates that need to be verified.

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Equivalent Acres Greened Cost Basis: Ongoing
O&M Fee
• The Rate & Method Apportionment (RMA) would determine the ongoing O&M fee amount.
• Based on the estimated O&M cost for the units purchased • O&M costs would be collected via property taxes process for private properties
• O&M costs would be collected by agreement for permittees Item H.1
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Next Steps for
Implementation
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Contra Costa County RAC System Roll-Out
Phase 1: Initial pilot
exchange within
Contra Costa County
2024
Phase 2: 3-year
initial roll-out across
Contra Costa County
2026 - 2029
Phase 3+: Fully
operational
2029/2030+
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RAC System
Implementation
Process
Off-Site GSI Project
Verification &
Buyer Approval
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Off-Site Project Certification/Verification
• Off-Site GSI Project design and
installation must be “certified”
through inspection by local
jurisdiction using current certification
practices
• Off-Site GSI Projects generate
compliance units based on the area
treated by the Off-Site GSI Project
– Must be “GSI” per the MRP (infiltration,
capture and use, or bioretention)
– Must meet MRP Provision C.3.d (i.e.,
80% capture)
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Off-Site Project Certification/Verification
• Off-Site GSI Project must
undergo ongoing recurring
verification to confirm it is
performing as expected over time
– Local jurisdiction would perform
verification using current
verification practices
– Local jurisdiction would receive
payment for these actions
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Buyer Project Approval
• Developers/C.3 Regulated Projects
that want to purchase compliance
units will need to get approval from
the relevant jurisdiction
– This will be done through the
development approval process
• Developers can use the system to
address compliance for small
portions of a C.3 regulated project
Item H.1
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RAC System
Implementation
Process
Ongoing O&M
Item H.1
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Community Facilities District
• A RAC JPA will adopt a CFD
– Resolution of Intention
– Public Hearing Process
• Election: Each property that will use the RAC System for compliance will be required to “elect” to be part of the CFD • Special tax is levied by ordinance adoption by the relevant legislative body
Item H.1
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Community Facilities District
• Roles and responsibilities for O&M
– Off-Site facilities will be required to maintain their facility in accordance with the Site’s O&M Agreement
– Off-Site facilities will be inspected to verify O&M compliance • Funding
– Once a facility is confirmed to meet their O&M requirement the OffSite facility will submit O&M certification to RAC System – The O&M payment will be issued to the Off-Site facility Item H.1
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RAC System
Implementation
Process
Compliance Unit
Calculation
Item H.1
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Compliance Unit Generation
• “Equivalent Acres Greened” compliance units
– Calculated based on pollutant generating area
• 100% impervious + 10% pervious area
– Rainfall zone and land use associated with each unit
• For MRP C.3 Regulated Projects:
– To meet “equivalency” and “Net Environmental Benefit” requirements of Provision C.3.e., there are three additional factors used to calculate total “Equivalent Acres Greened”

1. Rainfall Ratio

2. Pollutant Ratio

3. Net Environmental Benefit (NEB) Ratio
– These factors not required for permittee C.3.j retrofit compliance units Item H.1
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Compliance Unit Generation: Rainfall Zone
• Used PRISM data to map the County’s Rainfall Zones
• Maps and tables were developed to represent the Rainfall Zones and calculate Rainfall Ratios
Item H.1
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Compliance Unit Generation: Rainfall Zone Item H.1
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Compliance Unit Generation: Land Use Area
• Extensive analysis completed to develop ratios to represent the difference in urban pollutant loading between land uses Item H.1
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Compliance Unit Generation: Net Environmental
Benefit
• The CCC RAC System has defined the standard Regulated Project NEB as a ratio of 1.1:1 (i.e., requiring purchase of 10% additional Equivalent Acres Greened)
Project Type Compliance Unit Land Use NEB Ratio
C.3.d Regulated
Project
Residential, Commercial,
Institutional or Transportation Standard - 1.1:1
C.3.d Regulated
Project Old Industrial Discounted - 1:1
C.3.j Retrofit
Requirement N/A NEB not required
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Compliance Unit Generation
• Detailed calculations on the compliance unit are provided in the System Summary Report
• Equivalent Acres Greened generated for Off-site GSI Projects and required purchase amount for Regulated Projects will be calculated through the RAC System Tracking Tool
Item H.1
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RAC System
Tracking Tool
Item H.1
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Overview of Tracking Tool
• Tracks compliance units generated and certified
• Tracks seller and buyer information
• Tracks exchanges, including number of compliance units purchased and total purchase amount
• Includes a ledger to track the compliance units sold and available for sale for each Off-Site GSI project
• Tracks O&M performed and reimbursements for O&M
• Tracks ongoing verification of compliance units
• Acts as a repository for documentation for all of the above Item H.1
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Thank You!
Item H.1
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: April 21, 2026
SUBJECT:

The Mills Act Program Discussion
EXECUTIVE SUMMARY:

The City Council will receive a presentation on managing historic preservation in the City of Orinda. Staff seeks direction on a recent request for a Mills Act contract and the potential need for program development and ongoing administration. Based on an assessment of comparable programs in other jurisdictions, Staff recommends the City Council consider repealing Orinda Municipal Code (OMC) Sections 17.25.22 and

17.25.23 to terminate the City's participation in the Mills Act due to administrative and fiscal challenges.

RECOMMENDATION:

Discuss the Mills Act and program options and provide direction to Staff to prepare an ordinance repealing OMC Sections 17.25.22 and 17.25.23 and take no further action on the Mills Act contract.

BACKGROUND:

In 1971, the Mills Act was enacted to encourage historic preservation by granting local governments the authority to enter into agreements with the owners of historic properties.

The Mills Act allows local government to enter into 10-year contracts with owners of historic properties which are listed in any state, city, or county official register of historical or architecturally significant sites, places, or landmarks.

The agreements provide for a reduction in local property taxes in exchange for owners of historic properties commitment to maintaining and rehabilitating their properties in accordance with the Secretary of the Interior’s Standards for Rehabilitation. The 10-year agreement is an initial term that is automatically extended at the end of the year, thereby maintaining the 10-year term in perpetuity or until the contract is formally terminated subject to conditions established by a local jurisdiction.

To allow property owners to take advantage of the Mills Act, local governmental authorities may establish a Mills Act Property Tax Abatement Program, or similar, to clarify the eligibility, application process, details of a restoration plan, maintenance Item H.2
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standards, annual reporting and inspections, and a Mills Act agreement. To be eligible properties must have already received a historic designation or listing.

Ordinance 99-5 establishes the Mills Act applicability in the City of Orinda. The Orinda Municipal Code states:

17.25.22 - Applicability of the Mills Act.

The City Council, through implementation of the historic landmarks ordinance, has identified the importance of preserving historic structures as a positive benefit to the citizens of the City of Orinda and in support of economic development of the city. To further this end, the City Council is encouraging the owners of qualifying historic properties to participate in preserving historic landmarks by making available the use of the property tax relief incentives program known as the Mills Act. A qualifying property is one which is designated an historic landmark pursuant to this chapter. The framework for use of the Mills Act by a city is provided in Government Code Sections 50280—50290.

17.25.23 - Implementation of the Mills Act.

Property owners may enter into a Mills Act contract with the City of Orinda only after receiving a designation of historic landmark pursuant to this chapter. Mills Act contracts must be reviewed and approved by the City Council. The contract is to be entered into between the City Manager and the property owner, with an indication that the contract complies with the requirements of Government Code Sections 50280—50290. The contract shall be subject to final approval by the City Attorney as to form and legal substance. No later than twenty (20) days after the parties execute and enter into agreement on a Mills Act contract, the city shall cause the agreement to be recorded in the office of the County Recorder of the county of Contra Costa.

On April 21, 2015, the owner of 6 Great Oaks Circle (The Buehler House Landmark, the Frank Lloyd Wright Home and Associated Properties) made a request to the City of Orinda to enter into a Mills Act contract. Separately, that property was already subject to a recorded 2006 “Preservation and Conservation Easement” held by the Frank Lloyd Wright Building Conservancy. Following public comment and discussion, the City Council directed Staff to take no further action with respect to the Mills Act contract. Key discussion topics included understanding the value to the community of preserving historic landmarks, if the public benefit is sufficient to balance the fiscal impact of property tax reductions, the details of the property improvements, concerns about using public funds to support private property improvements, and whether funding would be used for immediate rehabilitation of maintenance of property over time. See the agenda item materials for the April 7, 2015, City Council hearing here.

On September 26, 2025, the owner of 511 Miner Road (The Nelson House Landmark by Richard Neutra) made a request to the City of Orinda to enter into a Mills Act contract.

Initial maintenance and preservation activities identified by the owner included roof replacement (both tar and gravel roof surface and the distinctive structural element), exposing and preserving the original siding, and an on-going preservation plan. The Item H.2
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property was designated as an Historic Landmark by Ordinance 19-01; see the agenda materials for the May 7, 2019 City Council hearing.

In response to the most recent request, the Planning Department developed a Mills Act Contract Application to help applicants submit their property for consideration. With no active properties subject to a Mills Act agreement, no program currently exists to manage these contracts.

DISCUSSION:

Staff seeks policy direction on whether to repeal the Mills Act provisions within the OMC or to proceed with establishing a formal framework to evaluate and process requests from owners of designated landmark properties.

Since Orinda’s incorporation, the City has designated several architecturally significant properties as historic landmarks (see attached map). With one active Mills Act request, one past request, and a total of nine privately-owned properties that have been designated as historic landmarks in Orinda that could be eligible, a policy establishing a pathway forward is necessary. However, a review of similar programs across California reveals structural and operational challenges that inform Staff's recommendation to consider opting out of the Mills Act program while retaining the remainder of Orinda’s historic landmark regulations (Chapter 17.25).

Municipalities including Los Angeles, Berkeley, San Jose, Saratoga, and most recently Redwood City, have documented challenges with their programs’ intended goals. While these municipalities operate on different scales than Orinda, the fundamental administrative and fiscal issues they have encountered remain applicable to Orinda’s own program considerations:

Administrative challenges. Administering a Mills Act program requires an ongoing investment of Staff time. For example, Los Angeles reported expending approximately 49 hours per application, and managing active properties requires additional Staff resources to ensure compliance with state-mandated periodic inspections. Most programs are administered in-house by Staff: Saratoga provided feedback that a typical contract may only take five to six hours to process (aside from attorney and City Council review).

Saratoga also report that follow-up inspections are costly and challenging, and despite application and fees, Saratoga does not fully recover the costs of program management.

The nature of the 10-year rolling contracts also makes long-term administrative monitoring increasingly difficult, as a jurisdiction must indefinitely track maintenance on an ever-growing list of properties. This difficulty is driven by the realities of appropriately establishing and enforcing these contracts. Management of the Redwood City program has been hindered by inconsistent property inspections and widespread gaps in annual compliance reporting by property owners. Many discrepancies were noted in the ongoing compliance requirements of Redwood City’s program between the value of the tax abatement and the actual investments made, with instances of participants reportedly exaggerating costs or utilizing the public subsidy for routine, low-cost household upkeep Item H.2
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entirely unrelated to historic preservation (see the March 10, 2026 Redwood City Pulse article for more details.)
Addressing these issues can be difficult because a city's enforcement tools are often restricted, limited primarily to litigation or outright contract revocation without established timelines, which usually involve extra cost to a jurisdiction. While these long-term administrative and enforcement issues could be accounted for in a fee schedule, establishing such a program, ensuring those fees accurately cover ongoing monitoring, and periodically ensuring fees and administration both remain appropriate may create an ongoing cost burden for the City.

Tax revenue loss. By design, the Mills Act functions as a property tax abatement that reduces multiple revenue streams (funding City and County services and infrastructure, local school districts, fire district, and transit agencies). Implementing these programs results in lost tax revenue across multiple agencies. To illustrate the potential local impact, Staff have estimated the tax reductions for a sample of eligible Orinda landmarked properties below (representing half of the current privately-owned properties):

Name 2025 Property Tax
Estimated Mills Act Tax Reduction
(40% - 60%)
Bien Venida (12) $27,435 $10,974 - $16,461
Bien Venida (16) $12,923 $5,169 - $7,753
Casa Azul $41,543 $16,617 - $24,925
The Buehler House $42,409 $16,963 - $25,445
Total estimated
impact (sample size)
$124,310 $49,723 - $74,584
If only the four properties listed above were to enter into contracts, the total property tax revenue loss across all jurisdictions would range between $49,723 and $74,584 in a single year. Over the course of a standard 10-year contract, this equates to a total public revenue reduction of roughly $497,230 to $745,840 (assuming static valuations).

Public benefit. In other jurisdictions, the tax savings often do not provide a clear benefit to the broader public. In Berkeley, the benefits appear concentrated in high-resource neighborhoods where property owners are more likely to have the means and resources to maintain properties. Similarly, Los Angeles found that most of its contracts and tax savings have gone to communities facing low to medium barriers to opportunity. Owners of high-value historic homes often have independent means for upkeep. There is also evidence of contractual misuse, where tax incentives are applied to non-preservation upgrades (e.g., HVAC, solar panels, interior remodeling) rather than necessary historic elements.

Aside from Phair's1 and the Joaquin Moraga Adobe (preserved/owned by the Friends of the Joaquin Moraga Adobe), privately-owned designated historic landmark structures or 1 The site is designated as an historic landmark. No improvements are designated as historic landmarks, so the property is in eligible for the Mills Act.

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properties in Orinda are residences not typically accessible to the public. These likely offer limited direct public benefit or accessibility to the community that could make justifying the loss of public tax revenue difficult.

Staff have assessed three primary options to proceed:

Option 1: Repeal OMC 17.25.22 and 17.25.23 (Staff recommendation). Given the administrative burdens, the impact on municipal budgets, and the potential for limited public benefit, Staff recommend repealing the Mills Act ordinances. Observations of other jurisdictions indicate that the costs and challenges of administration and lost tax revenue consistently outweigh the intended historic preservation benefits. Opting out of the program could protect municipal resources, especially since Orinda already utilizes a historic landmarks ordinance to recognize and protect historic structures (Chapter 17.25).

Option 2: Proceed with no program (ad-hoc). Alternatively, the City may retain the ordinance but proceed without a formal program by processing applications on a caseby-case basis. An ad-hoc approach would require independent negotiation of contracts, including restoration terms and enforcement procedures, which risks establishing inconsistent precedents. It relies on ongoing, individualized efforts from both Staff and the Council to evaluate each request, which increases uncertainty for residents and Staff alike. It would, however, continue to potentially incentivize historic landmark designation, and it would allow for flexibility in making determinations that could result in contracts for properties that could demonstrate both a legitimate need for these benefits and a tangible public benefit.

Option 3: Proceed with a formal program. Evaluating and implementing a program could help ensure consistency and increase applicant certainty regarding potential benefits, as well as establish City objectives, participation parameters, and participation caps at a level deemed appropriate for the City. The following factors are central to evaluating the potential for a formal Mills Act program:
• Fiscal impact vs. public benefit: Revenue loss must be weighed against the public necessity of preserving Orinda’s unique character and architectural heritage. Discretionary standards and eligibility requirements would be considered to guide decision-making on what properties could satisfy an appropriate public benefit threshold.

In some cases, public benefit could be predetermined: Danville Staff report that when historic properties apply for redevelopment, the City proactively offers Mills Act incentives to guide development that does not result in the loss of historic resources. Utilizing this typically city-initiated approach, Danville Staff reports no known abatement issues with the nine properties that receive Mills Act benefits. • "Investment" vs “maintenance”: Programs may require a specific percentage of tax savings to be reinvested into a restoration plan, which prioritizes specific structural or historical restoration needs over routine maintenance. Such a requirement ensures the program functions as a preservation tool rather than a general subsidy for standard homeownership costs. However, a balanced Item H.2
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approach that allows a designated percentage of those savings to be used for routine maintenance supports the long-term upkeep required to preserve the property’s integrity and public-facing aesthetic.
• Program longevity: Contract longevity, the typical 10-year process for nonrenewal, and a requirement for notification upon sale of a subject property are each important considerations in long-term program management. One potential tool for long-term management utilized by Saratoga Staff would be a requirement for a year nine reassessment and plan update for participating properties, though a decision for non-renewal at that stage would still likely require ten years to take full effect.
• Administrative oversight: A formal program would require Staff or consultant resources for annual inspections and reporting, and clear standards for qualifying work. A restoration plan would require oversight to ensure established goals are met, and enforcement or contract cancelation in the event they are not. Clear and realistic enforcement strategies would need to be determined during program establishment.
• Program participation eligibility: Eligibility factors may include household income at the onset of a contract (and potentially at later checkpoints), the prominence or accessibility of a property and the tangible public benefit of restoration, whether the property is used for-profit, and other factors that could affect the outcomes of program participation. Furthermore, eligibility could be capped by a maximum property value, and the program could cap the total tax benefits allowed for new applications in a given fiscal year to strictly control revenue impacts.

Request for Council Direction

1. Should Staff draft an ordinance to repeal OMC code sections 17.25.22 and

17.25.23 pertaining to the Mills Act, effectively opting out of the program? (Staff recommendation)

2. If the Council chooses to retain the ordinances, should Staff begin the formal evaluation and drafting of a Mills Act Property Tax Abatement Program, or continue to process applications on a case-by-case basis?
a. If a formal program is desired: Should there be specific criteria (for example, financial need, public visibility, maximum property value caps, or limits on total fiscal year benefits) to qualify?

3. How should Staff process the current Mills Act request for the 511 Miner Road (Nelson House) in light of the Council's direction on the ordinance? (Staff recommendation is to take no further action on the Mills Act contract.) NEXT STEPS:

Based on feedback from the City Council, Staff anticipates returning to the City Council with a draft ordinance to repeal OMC 17.25.22 and 17.25.23, or alternatively, with further initiatives to evaluate the processing of the current application or the potential development of a Mills Act Program.

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FISCAL IMPACT:

There are no fiscal impacts associated with this discussion. Should the City repeal the Ordinance, there would be potential costs savings for future Staff time as well as retention of property taxes. If the City Council wishes to proceed in an ad-hoc manner or programmatic approach, there would be costs associated with Staff time over the course of the contract, plus the loss of property tax revenue.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:

None.

WEBLINKS:

A. April 7, 2015, City Council hearing (6 Great Oak Mills Act request) B. May 7, 2019, City Council hearing (511 Miner Landmark Designation) C. Historic Landmark Designation Map
D. Redwood City Pulse, "Redwood City suspends Mills Act tax break for historic properties," March 10, 2026.

Prepared by: Christine Thomson, Principal Planner
Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Linda Smith, City Manager
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: April 21, 2026
SUBJECT:

Updated City Council Policy and Procedures Manual
EXECUTIVE SUMMARY:

The City Council will consider changes to their Policy and Procedures Manual to comply with recent changes to the law due to Senate Bill 707 and other changes to language proposed by Staff.

RECOMMENDATION:

Adopt Resolution 24-26 Amending and Adopting the City Council Policy and Procedures Manual.

BACKGROUND:

The City Council reviews its Policy and Procedures Manual on an annual basis. It was last reviewed in September of 2025 and will be considering additional changes primarily due to the recent change in law (SB 707) and the required changes requiring two-way teleconference and provisions related to the potential disruption of the meeting due to technical problems.

DISCUSSION:

The City Manager, City Attorney, and City Clerk met to discuss the current Policies and Procedures Manual and are recommending a series of changes to comply with certain provisions of the new law that will become effective on July 1, 2026. Other changes are being suggested for clarification or to more closely reflect existing practice or provide consistency throughout the document. The City Council may also wish to use this review to propose other changes.

Below is a table that outlines the changes being proposed. Attachment A shows a more detailed view of the proposed changes.

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Proposed Changes Table
Section Topic Proposed Change / Comment

2.1.1 Dates Clarifying language where Council may meet on an alternate date due to a holiday, election, or
similar day.

2.4 Quorum Adding language to include teleconferencing as permitted by the Brown Act

2.6 Attendance Eliminating language to provide that “Council members shall advise the City Manager and/or the
City Clerk of any upcoming absences for future
City Council meetings.”

2.12 Public May Attend and
Recording Meetings
Adding clarifying wording to include remote
participation as required by the Brown Act and
clarifying title of section to be clear.

2.13 Virtual/Teleconference
Meetings
Clarifying title of section and adding required
language on disruption of telephonic or internet
service providing a procedure to follow to allow the
meeting to continue once disruption is corrected or
at least one hour following it.

3.2 Agenda Preparation Clarifying this language to reflect current practice.

3.3.1 &

3.3.2 Agenda Sections Cleanup language and change to reflect current practice.

4.1 & 4.2 Addressing the
Council
Cleanup language.

5.4.5 Appeals Cleanup language to change “ruling” to
“procedural determination”
Remaining
Sections
Various Cleanup language to change “Councilmembers” to
“Council members” and “state” law to “State” law
throughout for consistency and other minor
typographical changes.

FISCAL IMPACT:

None.

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STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. Redline of Proposed Changes to the City Council Policy and Procedures Manual B. Resolution 24-26 Amending and Adopting the City Council Policy and Procedures Manual
C. Exhibit A to the Resolution - Clean Copy of the Revised City Council Policy and Procedures Manual
Respectfully Submitted by,
Sheri Smith, City Clerk
Approved By:

Linda Smith, City Manager
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1 CITY COUNCIL, CITY OF ORINDA

POLICIES AND PROCEDURES MANUAL
Section Page
l. Authority 2

2. Meetings 2

3. Agenda 5

4. Public Participation 7

5. Conducting Meetings 8

6. Quasi-Judicial Hearings 12

7. Voting 14

8. Officers 15

9. Boards, Commissions, and Committees 16

10. Ordinances 16

11. Administrative Matters 17

12. Emergency Procedures 18

13. Suspension, Amendment of These Rules 19
Adopted: Effective November 1, 2005
Amended Effective March 6, 2007 (Resolution No. 11-07)
Amended Effective April 10, 2007 (Resolution No. 14-07) Amended Effective March 2, 2010 (Resolution No. 14-10)
Amended Effective May 7, 2013 (Resolution No. 28-13)
Amended Effective February 18, 2014 (Resolution No. 11-14) Amended Effective February 3, 2015 (Resolution No. 09-15) Amended Effective March 15, 2016 (Resolution No. 20-16) Amended Effective August 2, 2016 (Resolution No. 44-16) Amended Effective February 6, 2018 (Resolution No. 04-18) Amended Effective March 16, 2021 (Resolution No. 14-21) Amended Effective February 1, 2022 (Resolution No. 05-22) Amended Effective March 21, 2023 (Resolution No. 20-23) Amended Effective February 20, 2024 (Resolution No. 01-24) Amended Effective March 12, 2024 (Resolution No. 08-24) Amended Effective September 3, 2024 (Resolution No. 40-24) Amended Effective September 2, 2025 (Resolution No. 50-25) Amended Effective April 21, 2026 (Resolution No. 24-26) Item H.3
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2 l. Authority
The City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new Rules are adopted in the manner provided by these Rules.

2. Meetings

2.1 Meeting Dates and Times

2.1.1. Dates. Regular meetings will be held on the first and third Tuesday of each month or as set by calendar adopted by the City Council. If the regular meeting date should fall on a legal holiday, election, or similar day, the Council shall may meet at an alternate time and date designated by the Council.

2.1.2. Starting Time. All regular meetings will convene at 7:00 p.m.

Meetings and will be held at the Library Auditorium at 26 Orinda Way, Orinda, unless stated otherwise in the notice. Meetings may be preceded or followed by special meetings, including closed sessions.

2.1.3. Ending Time. Meetings will adjourn at or before 10:00 p.m. A majority vote of the City Council will be required to continue the meeting to a specified time past 10:00 p.m. A unanimous vote of the City Council will be required to continue meetings to a specified time beyond 11:00 p.m. More than one such continuance may be adopted.

2.2 Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. It is a violation of the Brown Act to disclose information obtained or presented in anticipation of or during a closed session, which shall be confidential. Public comment shall be received in open session prior to a closed session.

The City Council will report out in open session any actions taken in closed session consistent with the requirements of the Brown Act.

2.3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the Council members as provided in the Brown Act. See Government Code section 54956. The City Attorney or the City Manager is authorized to call a special meeting when it is to be held immediately before or after a regular meeting and is to discuss a matter in closed session. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours notice must be provided as specified in the Brown Act. Only matters specified in the notice may be discussed at special meetings. The public shall be given an opportunity to address the Council before or during consideration of any matter described in the notice for the special meeting.

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3 2.4 Quorum
Three members of the Council shall constitute a quorum necessary to transact business.

In the event a quorum is not in attendance (including via teleconference as permitted by the Brown Act), those attending will be named in the minutes, and they shall adjourn the meeting to stated time and place.

2.5 Adjournment
The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all Council members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place. The City Clerk shall post a copy of the order or notice of adjournment as required by the Brown Act and other places designated by the Council within twenty-four (24) hours after the time of adjournment.

Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings.

2.6 Attendance
Council members shall advise the City Manager and/or the City Clerk of any upcoming absences for future City Council meetings. must request that the Mayor issue an “excused absence” when they are unable to attend, or it will be noted in the minutes as an unexcused absence. The City Clerk shall announce excused absences and reasons for such absences (if publicly known) during the roll call at the beginning of a meeting.

2.7 Minutes of Proceedings
An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council following approval by the Council. Unless the Council directs otherwise in a specific instance, summary (but not verbatim) minutes shall be prepared for regular meetings of the full Council, and action minutes shall be prepared for special meetings of the full Council.

2.8 City Manager
The City Manager shall attend all meetings of the Council unless excused by the Mayor.

The City Manager’s designee shall substitute when the City Manager is absent.

2.9 City Attorney
The City Attorney shall attend all meetings of the Council unless excused by the Mayor.

The City Attorney’s designee shall attend in the City Attorney’s absence if requested by the Mayor. The City Attorney shall act as the Council's parliamentarian.

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4 2.10 City Clerk
The City Clerk shall attend all regular meetings of the Council unless excused by the City Manager, and in her/his absence, the City Clerk’s designee shall substitute. The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council or the City Manager, or both.

2.11 Department Heads/Employees
Department heads and employees shall attend Council meetings as directed by the City Manager.

2.12 Public May Attendance and Recording Meetings
All meetings of the City Council (except closed sessions) shall be open to the public, including the news media, in full compliance with the requirements of the Brown Act.

This will include allowing for remote participation by the public to the extent required by the Brown Act. See Government Code section 54953.4. Meetings may be recorded by any means by anyone, provided such recording does not constitute disruptive conduct under Rule 4.4.

2.13 Virtual/Teleconference Meetings Technology
The Council may use teleconference technology and hold virtual meetings consistent with State lLaw, including the Brown Act and Executive Orders issued by the Governor.

Per the requirements of Government Code section 54953.4, beginning July 1, 2026, if a disruption of telephonic or internet service prevents all members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the Council will recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service.

The Council may meet in closed session during this period. The Council will not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. Upon reconvening the open session, if telephonic or internet service has not been restored, the Council will adopt a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made and that the public interest in continuing the meeting outweighs the public interest in remote public access.

2.14 Recordings
All Regular Meetings of the City Council shall, to the extent feasible, be recorded by the City Clerk and posted on the City’s website. Recordings are kept consistent with the City of Orinda Records Retention Program.

2.15 Avoiding Brown Act Violations Relating to Meeting Attendance Item H.3
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5 Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences, meetings conducted by City staff/consultants, meetings presented by organizations other than the City, and meetings of other legislative bodies.

3. Agenda

3.1 Order of Business
The business for a Regular meeting shall generally be shown on the agenda in the following order, but this sequence may be modified on a case-by-case basis by the City Manager in consultation with the Mayor:

A. Call to Order/Roll Call
B. Pledge of Allegiance
C. Closed Session Report (when applicable)
D. Adoption of Agenda
E. Items for the Good of the City
F. Public Forum
G. Consent Calendar
H. Public Hearings
I. Policy Matters
J. Council Reports
K. City Manager’s Report
L. Matters Initiated
M. Adjournment
Closed Session (may be held before or after the meeting, or both)

3.2 Agenda Preparation
The City Manager shall prepare agendas, including determining the sequence of items.

Agendas for regular and special meetings shall be established by the City Manager, who shall consult with the Mayor concerning the sequence of agenda items and other procedural matters. The agenda shall be delivered to the Mayor and Council members and made available to members of the public consistent with the requirements of the Brown Act. The agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, if any. The descriptions of agenda items may include the action recommended by the preparer of the report for the agenda item.

3.3 Agenda Sections

3.3.1 The following sections of the agenda are intended for items that involve no Council direction or decision:

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6 Items for the Good of the City: may include ceremonial matters, presentations by non-City entities, briefings by City staff, and similar matters.

Council Reports: may include brief announcements by Council members, including regarding City-related meetings they have attended or plan to attend.

City Manager Report: may include brief announcements and updates from the City Manager.

Matters Initiated: To place an item on a future agenda, a Council member (including the Mayor) may make a motion to that effect during the Matters Initiated agenda item. In addition, a Council member (including the Mayor) may, at any time during a meeting, make a motion to place an item on a future agenda, if the item proposed for future consideration arises in relation to an item on the current agenda.

If the motion to place an item on a future agenda is seconded and approved by a majority vote of those Council members present, the proposed item will be placed on a future agenda. If the motion is silent regarding timing, the proposed item will be placed on a future agenda at the earliest appropriate time, as determined by the City Manager and Mayor. If the motion provides specific direction regarding timing, the proposed item will be placed on a future agenda consistent with that direction. No discussion of the subject of the motion may occur except to explain the general nature of the item, including the issue of timing for Council’s consideration of the item.

3.3.2 The following sections of the agenda are intended for items that involve Council direction or decision:

Consent Calendar: items the City Manager determines are likely not to require Council discussion. At the meeting, any Council member may pull an item from the consent calendar for discussion. Additionally, if any member of the public wishes to speak on an item, it will be pulled from the consent calendar. The Council may take up an item that is pulled from the consent calendar at any time later on the agenda. The public will be permitted to comment on all items pulled from the Consent Calendar.

Public Hearings: matters required to be set for public hearing by the Orinda Municipal Code or other law. Such items may be placed on the consent calendar if the City Manager determines they are likely not to require Council discussion.

Policy Matters: all other matters that involve Council discussion, direction, and/or decision.

3.4 Agenda Posting
The City Clerk shall post the agenda at least 72 hours before a regular meeting and at least 24 hours before a special meeting in the following location, which is freely accessible to members of the public: the breezeway at Orinda City Hall. Agendas shall Item H.3
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7 also be posted on the City’s website prior to meetings as required by the Brown Act. See Government Code section 54954.2.

3.5 Agenda Materials

3.5.1 Documents. A staff report shall be prepared for each agenda item except in unusual circumstances. Attached to the staff report shall be documents received by or developed by staff that are pertinent to the staff report. Anyone may submit documents pertinent to an agenda item to the City Clerk; such documents shall be included in the agenda materials if they are received in time for inclusion in the packet.

3.5.2 Copies of agenda materials. Copies of the agenda materials and other documents (including public correspondence) distributed by staff to Council members at or before a meeting (excluding documents subject to attorney-client confidentiality and documents distributed in connection with a closed session) shall also be available for public inspection as required by the Brown Act. See Government Code section 54957.5. The public can view materials before the meeting at the office of the City Clerk and on the City website. At the meeting, a public copy will be available for review.

4. Public Participation

4.1 Addressing the Council
Each person wishing to address the Council will be asked to so indicate (e.g., by submitting a speaker slip to the City Clerk or using similar method available during virtual meetings). Each person addressing the Council shall do so from the lectern or its equivalent during virtual meetings. Providing a name, address, and other information is voluntary. Any document presented by a speaker shall be provided to the City Clerk for distribution to the Council and public. All remarks shall be directed to the Mayor and Council as a body and not to any particular Council member. No person other than members of the Council and the person having the floor shall be permitted to enter into the discussion.

4.2 Public Forum
During Public Forum, any person may address the Council on an item that is (1) within the subject matter jurisdiction of the Council and (2) not otherwise on the agenda, except that if a speaker will not be present during an agenda item later in the calendar for that meeting, the speaker may address that agenda item during Public Forum but not later.

When an item is not listed on the agenda, State law prohibits Council discussion or action. Council members may only “briefly respond” to statements made and questions posed. For example, State law allows Council members to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, Item H.3
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8 consistent with the “Matters Initiated” rule, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

4.3 Speech Content and Civility
Statements by a member of the public shall be related to the agenda item at hand, except during Public Forum. The City Council shall not prohibit lawful public criticism of the policies, procedures, programs, staff, and services of the City or the acts or omissions of the City Council. Members of the Council, staff, and the public are encouraged to communicate in a manner that is civil, not hostile or threatening.

4.4 Disruptive Conduct
Conduct, including applauding and booing, which substantially disrupts a City Council meeting is prohibited. If a meeting is disrupted, the Council may elect to recess per Section 5.4.7 (b). Disrupting a meeting may, in certain situations, be cause for removal from the meeting.

4.5 [Reserved]

4.6 Written Communications
Correspondence, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 11.1. If correspondence is received too late to be included in the agenda packet, the City Clerk will, to the extent feasible, endeavor to distribute the late correspondence at or before the Council meeting. Anyone submitting voluminous late correspondence and/or submitting late correspondence to the City Clerk less than four (4) hours before a Council meeting should bring at least fifteen (15) copies to the meeting. After receiving late correspondence, the Council may elect to continue the item to a future meeting if it determines the late correspondence is too voluminous to consider fully. Alternatively, the Council may elect to consider the matter if it has had adequate time to consider all of the information presented. Such a determination may, but need not, be made by formal motion during the meeting.

4.7 Time Limits
Public comment shall generally be limited to 3 minutes per individual speaker per agenda item, except that the Mayor, with the concurrence of the City Council, may set a different time limit based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors. Speakers may not cede their allotted time to other speakers. If a speaker continues to speak after their allotted time has expired, the Mayor may allow them a short time (e.g., 30 seconds) to wrap up their comments. When a speaker has completed their comments, Council members may ask clarifying questions of the speaker and receive brief answers, notwithstanding the time limits described in this section. Speakers are not required to answer questions posed by Council members.

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9 5. Conducting Meetings

5.1 Presiding Officer
The Mayor or Vice Mayor shall preside and call the meeting to order at the hour appointed. In the absence of both, the meeting shall be called to order by the City Clerk and those Council members present shall proceed to elect a temporary Presiding Officer.

The Presiding Officer may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Council member.

5.2 Actions Limited to Posted Agenda
The City Council may take action on any item listed on the agenda. The City Council shall not take action on any item not appearing on the posted agenda except when authorized by the Brown Act. See Government Code sections 54954.2, 54956.5.

5.3 Continuance of an Item
An agenda item may be continued by the City Council by a majority vote. (See section

5.4.6.c.)

5.4 Discussion
When an agenda item is addressed, the Mayor shall first ask for any staff comments or additions to the written staff report. Next, the Mayor shall ask for questions from the Council of staff. After that, the Council shall receive public comment (see section 4.7, time limits). After public comments, the Mayor shall close the public comment portion and open the item for discussion by the Council, which shall be subject to the following rules. During Council deliberations, the Mayor, with the consent of the City Council, may reopen public comment.

5.4.1. Getting the Floor. Every Council member desiring to speak shall address the Mayor and, when recognized by the Mayor, shall limit discussion to the questions under debate.

5.4.2. Interruptions. A Council member, once recognized, shall not be interrupted when speaking except to be called to order, or as otherwise provided. If a Council member, while speaking, is called to order, the Council member shall cease speaking until the question of order is determined; if determined to be in order, the Council member shall be permitted to proceed.

5.4.3. Privilege of Closing Debate. The Council member making a motion for adoption of an ordinance or resolution shall have the privilege of closing the debate on that motion, subject to other motions which may be before the Council.

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10 5.4.4. Motion to Be Stated. The Mayor shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any Council member. No action shall be taken by secret ballot.

5.4.5. Appeals. Any procedural determination ruling of the Mayor may be appealed at the request of a Council member. The Mayor shall call for a roll call vote to determine if the procedural determination ruling is upheld.

5.4.6. Precedence of Motions. When a motion is before the Council, no other motion shall be entertained except:
a. Motion to Amend. A motion to amend, which modifies the original motion, is in order but is debatable only as it relates to the amendment.

Amendments are voted on first; the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time.
b. Substitute Motions. A substitute motion is in order for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion, since if the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c. Motion to Postpone. A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a quasi-judicial hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the agenda item shall be carried forward on the City Clerk’s Future Agenda Items list for up to one year, then dropped if not reinstated to the agenda.
d. Motion to Table. A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time.

5.4.7. Motions Not Subject to Debate. All motions are debatable except for the following, which shall be put to an immediate vote:
a. Motion to adjourn, which requires a simple majority. b. Motion to recess, which requires a simple majority.
c. Motion to table, which requires a simple majority.
d. Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”), which requires a 2/3 vote.

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11 5.4.8. Reconsideration. A request for reconsideration may be made during a meeting in which a decision has been made or at the next regularly-scheduled Council meeting. A request for reconsideration may be made only by a Council member who voted in the majority on the original decision. Reconsideration of a matter involves three decisions, which must occur in the following order:
a. First, the Council must decide whether or not to consider the request on a future agenda. (No discussion is permitted at this point on the validity of the request or the merits of the underlying action to be reconsidered.) b. Second, if a majority of the Council votes to place the issue on a future agenda, there are two agenda items:
i. Whether to allow reconsideration or not and
ii. If reconsideration is permitted, whether the original decision should be changed or affirmed.
c. A decision not to reconsider a matter under (b)(i) will be deemed to automatically include removal of the agenda item for reconsideration of the merits under (b)(ii).
d. Unless a subject is reconsidered and a majority of the City Council votes to change the original decision, the original action stands and is final.

However, the subject of the original decision (other than a quasi-judicial hearing such as a land use appeal) may be placed on a future agenda at any time as provided in these rules.
e. Reconsideration of a decision on a land use appeal is governed by Orinda Municipal Code section 17.43.8.

5.4.9. Conflict of Interest and Bias. A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Council member who has a conflict of interest under the Political Reform Act or Government Code §1090 may not participate in the agenda item causing the conflict. The Council member must make a statement substantially as follows:
“I am unable to participate in this matter as a public official because I have a financial interest in the subject which creates a conflict of interest. The financial interest is [describe the conflict with particularity].” The public official must leave the room for the duration of the discussion of the item. If the discussion relates to the public official’s real property or business (owned or controlled solely by the public official/and spouse/domestic partner), the public official may speak as a member of the general public and remain in the audience.

In addition, if a Council member’s personal bias compromises the Council member’s ability to act impartially with the interests of the City as a whole in mind, the Council Item H.3
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12 member must leave the room and not participate in the agenda item. Bias may exist because of a Council member’s (1) substantial involvement or familiarity with the subject of an agenda matter or (2) close association with the persons involved, a connection which may or may not be known by the public or the other members of the Council.

Even if the Council member believes s/he is not biased, in the interests of open government, it is advisable at the very least to disclose that association, involvement, or experience prior to participating in the agenda item. See Rule 6.5.

5.4.10. Protests. A Council member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

5.4.11. Limits on speech and conduct. See sections 4.3 and 4.4, which apply also to the speech and conduct of City Council members.

5.4.12. Rules of Order. Except as otherwise provided in these Rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the City Council.

6. Quasi-Judicial Hearings
When a public hearing is required for an agenda item, the Mayor shall first ask for any staff comments or additions to the written staff report for the hearing. Next, the Mayor shall ask for questions from the Council of staff. Next, Council members shall disclose ex parte communications as described below. After that, the Council shall receive public comment, as outlined below.

6.1 Ex Parte Communications
A Council member shall disclose on the record all communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. The Council member shall identify with whom s/he communicated, what was communicated, and for site visits, where on the site the Council member went and what the Council member looked at and observed. Council members may also elect to forward copies of written ex parte communication to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

6.2 Testimony

6.2.1. The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard.

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13 6.2.2. Each person wishing to testify may do so as described in section

4.1. 6.2.3. The order of testimony shall be as follows:
a. The applicant (and the applicant’s design professional, attorney, and other representatives, if any) shall speak first and together shall have a total of 15 minutes to present the project. A portion of this time may be reserved by the applicant for final remarks after public testimony has concluded. b. The appellant, if not the applicant, (and the appellant’s design professional, attorney, and other representatives, if any) shall also have a total of 15 minutes to present the basis for the appeal.
c. Those persons other than the applicant and the appellant (and their representatives) shall have a total of 3 minutes each to present testimony, except that to preserve order and eliminate repetitious testimony from a large group, the Mayor may ask a like-minded group to appoint a spokesperson to represent the point of view of the group. At the Mayor’s discretion, speakers favoring the project may be asked to so indicate and may be asked to present their testimony consecutively and likewise those opposed.
d. Regardless of the time limits stated above, the time limit per individual speaker may be set by the Mayor, with the concurrence of the City Council, at the beginning of a public hearing, based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors.

6.2.4. Questions by speakers may be noted and addressed prior to Council deliberation.

6.2.5. When a speaker has completed their comments, Council members may ask clarifying questions of the speaker and receive brief answers, notwithstanding the time limits described in this section. Speakers are not required to answer questions posed by Council members.

6.3 Council Deliberation After the Mayor has determined that no other member of the audience wishes to speak, the Mayor shall close the public testimony portion of the hearing and the matter shall be taken up by the City Council.

6.4 Council Action

6.4.1. Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice.

6.4.2. The Council may vote on the item, making findings of fact as required by law.

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14 6.5 Due Process
A quasi-judicial hearing that involves property rights (a land use matter or a personnel matter) must incorporate the standards of constitutional due process. This type of hearing must be fair and open, subject to employee privacy rights. The elements of due process are adequate notice, an opportunity to be heard, an impartial decision-maker, a decision based on substantial evidence, and findings to document the basis of the decision.

6.5.1. Impartiality
a. Rule. A public official must perform the duties of office free from any personal or pecuniary interest. If there is an actual bias or financial interest that could interfere with a Council member’s judgment, the Council member should not participate in the agenda item and should leave the Council chambers for the duration of the agenda item.
b. Open Mind. A Council member must have an open mind
and receive all evidence presented at the hearing. In addition, a Council member shall disclose ex parte communications (see §6.1 above) before making a determination on the merits. If the Council member has a fixed position on a matter prior to the hearing or if the Council member will be influenced by information not in the evidence, the Council member shall not participate in the hearing.
c. Staying Neutral. In order to assure that a Council member has not become so embroiled or otherwise involved in a matter that s/he cannot be impartial, the following rules shall apply:
i. Staff Contacts. A Council member shall refrain
from contact outside the public meeting context with City staff concerning the merits of matters which will or may come to the City Council for a quasi-judicial hearing.

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15 d. Involvement or Bias. A Council member may be involved in a matter before the City Council due to a number of factors, including but not limited to an ongoing personal acquaintance, the proximity of real property, a business relationship, or community activities. In such a situation, where the Council member is unable to make an impartial decision, the Council member should recuse himself or herself, make a brief explanation of the facts behind recusal, and leave the room.

6.5.2 Absence During a Quasi-Judicial Hearing. A Council member otherwise qualified to vote may not vote on a matter if the Council member was absent from all or part of the hearing, unless the Council member both (1) reviews the minutes and the staff report or reviews the recording of the entire portion of the hearing s/he missed, if the minutes are not available, and (2) reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.

7. Voting

7.1. Majority Vote Required
An affirmative vote of at least three Council members of the Council is required by law to adopt an ordinance, a resolution, and an order for the payment of money. An urgency (emergency) ordinance must be adopted by at least a 4/5 vote. Other matters may be adopted by the majority present.

7.2 Roll Call Votes
When required by Sstate law, a roll call vote shall be taken on each motion before the Council. Additionally, on demand by any Council member, made before the "Noes" are called for, a roll call vote shall be taken on a motion before the Council. The Mayor's name shall be called last with other Council members' names called at random by the City Clerk. Council members shall not give explanations for their vote during roll call.

7.3 Silence
During a collective vote (ayes and noes), silence of any Council member denotes an affirmative vote.

7.4 Tie Vote
A tie vote means that a motion fails.

7.5 Abstention
Abstaining from a vote (other than due to recusal) constitutes a vote with the majority, except that where there is a tie vote, an abstention constitutes a vote for the motion.

8. Officers
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16 8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Mayor requires three affirmative votes.

The Mayor shall be recognized as the official head of the City for all ceremonial purposes. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.

The Mayor may issue proclamations, certificates of recognition, and similar documents on behalf of themself, as the Mayor. After such documents are issued, the Mayor may place them on the Council agenda under “Items for the Good of the City” to update the Council, recognize the recipient(s), and provide an opportunity for comment.

Proclamations, certificates of recognition, and similar documents will not be issued on behalf of the City Council unless they are first approved by the Council at a public meeting.

8.2 Vice Mayor
The Council shall elect a Vice Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Vice Mayor becomes vacant for any reason. The term of office of the Vice Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Vice Mayor requires three affirmative votes.

The Vice Mayor shall serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

9. Appointments to Boards, Commissions, Committees, and Liaisons Positions

9.1 Council Appointments
As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the full City Council.

Council members may be appointed to serve in the following roles:

9.1.1 Members of ad hoc and standing subcommittees of the City Council,
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17 9.1.2 Members to represent the City on various regional boards, including joint powers agencies (e.g., Contra Costa County Solid Waste Authority, Mayors’ Conference of Contra Costa County, etc.),

9.1.3 Liaisons to various City Partners (e.g., Acalanes Unified School District, Bay Area Rapid Transit, Chamber of Commerce, etc.),

9.1.4 Liaisons to City Commissions and Committees (e.g., Planning Commission, Parks & Recreation Commission, etc.)
When a Council member is appointed as a liaison to a City Commission or Committee, their role is to facilitate communications between the Commission and the Council. They are the primary contact person if the Commission/Committee as a whole or an individual Commissioner/Committee Member wants such a channel of communication. The Council’s appointed liaison should not be an advocate for the Commission or attempt to influence any decision or recommendation of the Commission/Committee.

Regular attendance by the Council liaison at Commission/Committee meetings is not an expectation. Furthermore, Lliaisons to the Planning Commission may review video recordings of those meetings, but should not attend or participate in those meetings, as the Council is the appeal body for the Planning Commission.

When a Councilmember is appointed to serve as a liaison, they should take care to communicate when the opinions and positions they convey are their own (as individual city Ccouncil members) and when they have been specifically authorized to speak for the Council as a whole.

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

9.3 Local Boards
The City Council may also appoint members of the public to represent the City on various local boards (e.g., Contra Costa Mosquito & Vector Control District, Contra Costa Council on Aging, etc.). The appointment process will be determined by the Council, consistent with the requirements of the local or regional board and Sstate law (e.g., the Maddy Act).

10. Ordinances

10.1 Document Preparation and Approval
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18 All ordinances must be drafted by or approved by the City Attorney before being placed on the agenda.

10.2 Ordinance Introduction/Adoption
The title of a proposed ordinance will be considered to be read, unless a Council member requests a full reading. Ordinances shall not be adopted within five days of their introduction, or at other than regular Council meetings. However, an urgency ordinance may be passed immediately upon introduction, at either a regular or a special meeting, to the extent allowed by Sstate law.

10.3 Ordinance Preservation
Following adoption of an ordinance, the City Clerk shall assign a number to the ordinance, publish a summary and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk's office.

11. Administrative Matters

11.1 Correspondence

11.1.1 Electronic Correspondence
Council members shall use accounts issued to them by the City for all electronic correspondence (e.g., email) regarding City business. Council members shall not use accounts issued to them by the City for personal correspondence.

Emails sent by members of the public to Council members are public records. When these emails are related to a City Council Meeting agenda item, they are forwarded to the City Clerk to include in the staff report for the relevant agenda item or in the late public communication packet, depending on whether the communication is received before or after the agenda packet is published.

11.1.2 Other Correspondence
Written correspondence received by a Council member at City Hall by postal service, personal delivery, and messenger service shall be opened by staff and handled consistent with the City of Orinda Records Retention Program, which may require the City to retain a copy. Council members may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

11.1.3 Website Privacy Notice
The City’s website privacy notice should explain that the public is encouraged to communicate with Council members by email and other means, but that the public should Item H.3
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19 be aware that email and other written correspondence, including messages intended to be confidential, may be subject to disclosure under the California Public Records Act.

Additionally, the privacy notice should explain that such correspondence may be forwarded to other Council members, City staff and/or the public generally.

11.1.4 Compliance with State Law
The City retains electronic and other correspondence in accordance with State law and the City’s adopted Records Retention Program, which is available from the City Clerk.

For public records, the City complies with the State Public Records Act.

11.2 Confidentiality
Matters discussed in closed session and matters contained in City Attorney confidential memoranda are confidential and shall not be disclosed to anyone without prior authorization from the City Council acting together (closed session information) or from the City Attorney (confidential communications from the City Attorney).

11.3 Communications with the Public
Council members shall be clear in communications with the public when the opinions and positions they convey are their own individual positions and when they have been authorized by the Council to speak for the Council as a whole.

11.4 Relations with Staff
As required by OMC §2.08.080, Council members of the City Council shall deal with employees of the City through the City Manager, except to obtain information as necessary, in a limited manner.

12. Emergency Procedures

12.1 Emergency Special Meetings
Emergency special meetings may be called by the Mayor, a majority of the Council members, or the City Manager only in accordance with Sstate law (see Government Code section 54956.5), which defines qualifying emergencies narrowly (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity).

12.2 Emergency Special Closed Session
During an emergency meeting, the City Council may meet in closed session pursuant to Government Code section 54957 (threat to public security) if agreed to by a two-thirds vote of the members of the City Council present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.

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20 12.3 Emergency and Urgent Amendments to Regular Agendas Items may be added to a regular meeting agenda on an emergency or urgency basis only in accordance with Sstate law (see Government Code section 54954.2(b)). a. The Council may add an emergency item to its agenda at a regular meeting if, by majority vote, it determines that the matter in question constitutes an emergency situation pursuant to Government Code section 54956.5 (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity). b. The Council may add an urgent item to its agenda at a regular meeting if it makes findings that: (1) there is a need to take immediate action, and (2) the need for action came to the attention of the City subsequent to the agenda being posted.

Those findings must be approved by two-thirds of the members of the City Council present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.

12.4 Emergency Declarations and Findings
In the event of an emergency, the Council may declare a local state of emergency and/or confirm an emergency declaration made by the City Manager. The Council may also make findings as appropriate to determine that normally-applicable procedures do not apply. Examples include the California Environmental Quality Act (see CEQA Guidelines sections 15269 & 15359) and the Public Contact Code (see Govt. Code sections 1102 & 22050). The Council may also, consistent with state and federal law, impose local curfews and other restrictions to safeguard life and property during an emergency.

12.5 Council Mmembers Unavailable During Emergency
a. The City Council has designated the individuals serving in the following capacities to also serve as stand-by Council members according to the ranked order in which they appear:

1. Planning Commission, Chair

2. Supplemental Sales Tax Oversight Commission, Chair

3. Finance Advisory Committee, Chair

4. Parks & Recreation Commission, Chair

5. Transportation Safety Advisory Committee, Chair

6. Planning Commission, Vice Chair

7. Supplemental Sales Tax Oversight Commission, Vice Chair

8. Finance Advisory Committee, Vice Chair

9. Parks & Recreation Commission, Vice Chair

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21 Stand-by Council members shall have the duties prescribed by State law. See Government Code section 8641.
b. If an insufficient number of the members of the Council are available to conduct necessary business at an emergency meeting, one or more stand-by Council members shall, following the ranked order above, be authorized to serve as Council members, for purposes of that emergency meeting only. The number of stand-by Council members authorized to serve shall be the minimum number needed to conduct business at that emergency meeting of the City Council.

13. Suspension and Amendment of These Rules

13.1 Suspension
Any provision of these rules not required by Sstate law or the Orinda Municipal Code may be temporarily suspended by the Council.

13.2 Amendment
These rules may be amended by resolution of the Council.

13.3 Rules Available for Public Review
A copy of these rules shall be available on the City’s website and at all meetings of the Council for review by the public.
************************************************************************ 2046680.1
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1 RESOLUTION NO. 24-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

AMENDING AND ADOPTING THE CITY COUNCIL

POLICY AND PROCEDURES MANUAL
WHEREAS, the City Council reviews its Policies and Procedures Manual from time to time to determine if it needs any updates; and
WHEREAS, at the City Council Meeting of April 21, 2026, the City Council reviewed and determined it appropriate to amend its Policies and Procedures Manual.

NOW, THEREFORE, BE IT RESOLVED that the Orinda City Council does hereby amend the Orinda City Council Policies and Procedures Manual as shown in Exhibit A.

BE IT FURTHER RESOLVED that the Orinda City Council does hereby adopt the Orinda City Council Policies and Procedures Manual as amended.

Adopted by the City Council of the City of Orinda at a regular meeting on April 21, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri M. Smith, City Clerk
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1 CITY COUNCIL, CITY OF ORINDA

POLICIES AND PROCEDURES MANUAL
Section Page
l. Authority 2

2. Meetings 2

3. Agenda 5

4. Public Participation 7

5. Conducting Meetings 8

6. Quasi-Judicial Hearings 12

7. Voting 14

8. Officers 15

9. Boards, Commissions, and Committees 16

10. Ordinances 16

11. Administrative Matters 17

12. Emergency Procedures 18

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2 l. Authority
The City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new Rules are adopted in the manner provided by these Rules.

2. Meetings

2.1 Meeting Dates and Times

2.1.1. Dates. Regular meetings will be held on the first and third Tuesday of each month or as set by calendar adopted by the City Council. If the regular meeting date should fall on a holiday, election, or similar day, the Council may meet at an alternate time and date designated by the Council.

2.1.2. Starting Time. All regular meetings will convene at 7:00 p.m.

The City Council will report out in open session any actions taken in closed session consistent with the requirements of the Brown Act.

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3 2.4 Quorum
Three members of the Council shall constitute a quorum necessary to transact business.

2.6 Attendance
Council members shall advise the City Manager and/or the City Clerk of any upcoming absences for future City Council meetings.

2.8 City Manager
The City Manager shall attend all meetings of the Council unless excused by the Mayor.

The City Manager’s designee shall substitute when the City Manager is absent.

2.9 City Attorney
The City Attorney shall attend all meetings of the Council unless excused by the Mayor.

The City Attorney’s designee shall attend in the City Attorney’s absence if requested by the Mayor. The City Attorney shall act as the Council's parliamentarian.

2.10 City Clerk
The City Clerk shall attend all regular meetings of the Council unless excused by the City Manager, and in her/his absence, the City Clerk’s designee shall substitute. The City Item H.3
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4 Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council or the City Manager, or both.

2.11 Department Heads/Employees
Department heads and employees shall attend Council meetings as directed by the City Manager.

2.12 Public Attendance and Recording
All meetings of the City Council (except closed sessions) shall be open to the public, including the news media, in full compliance with the requirements of the Brown Act.

2.13 Meeting Technology
The Council may use teleconference technology and hold virtual meetings consistent with State law, including the Brown Act and Executive Orders issued by the Governor.

2.15 Avoiding Brown Act Violations Relating to Meeting Attendance Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences, meetings conducted by City staff/consultants, meetings presented by organizations other than the City, and meetings of other legislative bodies.

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5 3. Agenda

3.2 Agenda Preparation
The City Manager shall prepare agendas, including determining the sequence of items.

The agenda shall be delivered to the Mayor and Council members and made available to members of the public consistent with the requirements of the Brown Act. The agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, if any. The descriptions of agenda items may include the action recommended by the preparer of the report for the agenda item.

3.3 Agenda Sections

3.3.1 The following sections of the agenda are intended for items that involve no Council direction or decision:

Items for the Good of the City: ceremonial matters, presentations by non-City entities, briefings by City staff, and similar matters.

Council Reports: brief announcements by Council members, regarding Cityrelated meetings they have attended or plan to attend.

City Manager Report: brief announcements and updates from the City Manager.

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6 Matters Initiated: To place an item on a future agenda, a Council member (including the Mayor) may make a motion to that effect during the Matters Initiated agenda item. In addition, a Council member (including the Mayor) may, at any time during a meeting, make a motion to place an item on a future agenda, if the item proposed for future consideration arises in relation to an item on the current agenda.

If the motion to place an item on a future agenda is seconded and approved by a majority vote of those Council members present, the proposed item will be placed on a future agenda. If the motion is silent regarding timing, the proposed item will be placed on a future agenda at the earliest appropriate time, as determined by the City Manager. If the motion provides specific direction regarding timing, the proposed item will be placed on a future agenda consistent with that direction. No discussion of the subject of the motion may occur except to explain the general nature of the item, including the issue of timing for Council’s consideration of the item.

3.3.2 The following sections of the agenda are intended for items that involve Council direction or decision:

Policy Matters: all other matters that involve Council discussion, direction, and/or decision.

3.4 Agenda Posting
The City Clerk shall post the agenda at least 72 hours before a regular meeting and at least 24 hours before a special meeting in the following location, which is freely accessible to members of the public: the breezeway at Orinda City Hall. Agendas shall also be posted on the City’s website prior to meetings as required by the Brown Act. See Government Code section 54954.2.

3.5 Agenda Materials

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7 3.5.2 Copies of agenda materials. Copies of the agenda materials and other documents (including public correspondence) distributed by staff to Council members at or before a meeting (excluding documents subject to attorney-client confidentiality and documents distributed in connection with a closed session) shall also be available for public inspection as required by the Brown Act. See Government Code section 54957.5. The public can view materials before the meeting at the office of the City Clerk and on the City website. At the meeting, a public copy will be available for review.

4. Public Participation

4.1 Addressing the Council
Each person wishing to address the Council will be asked to submit a speaker slip to the City Clerk or using similar method available during virtual meetings. Each person addressing the Council shall do so from the lectern or its equivalent during virtual meetings. Providing a name, address, and other information is voluntary. Any document presented by a speaker shall be provided to the City Clerk for distribution to the Council and public. All remarks shall be directed to the Mayor and Council as a body and not to any particular Council member. No person other than members of the Council and the person having the floor shall be permitted to enter the discussion.

When an item is not listed on the agenda, State law prohibits Council discussion or action. Council members may only “briefly respond” to statements made and questions posed. For example, State law allows Council members to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

4.4 Disruptive Conduct
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8 Conduct, including applauding and booing, which substantially disrupts a City Council meeting is prohibited. If a meeting is disrupted, the Council may elect to recess per Section 5.4.7 (b). Disrupting a meeting may, in certain situations, be cause for removal from the meeting.

4.5 [Reserved]

5. Conducting Meetings

The Presiding Officer may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Council member.

5.2 Actions Limited to Posted Agenda
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9 The City Council may take action on any item listed on the agenda. The City Council shall not take action on any item not appearing on the posted agenda except when authorized by the Brown Act. See Government Code sections 54954.2, 54956.5.

5.3 Continuance of an Item
An agenda item may be continued by the City Council by a majority vote. (See section

5.4.6.c.)

5.4.1. Getting the Floor. Every Council member desiring to speak shall address the Mayor and, when recognized by the Mayor, shall limit discussion to the questions under debate.

5.4.4. Motion to Be Stated. The Mayor shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any Council member. No action shall be taken by secret ballot.

5.4.5. Appeals. Any procedural determination of the Mayor may be appealed at the request of a Council member. The Mayor shall call for a roll call vote to determine if the procedural determination is upheld.

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10 Amendments are voted on first; the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time.
b. Substitute Motions. A substitute motion is in order for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion, since if the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c. Motion to Postpone. A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a quasi-judicial hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the agenda item shall be carried forward on the City Clerk’s Future Agenda Items list for up to one year, then dropped if not reinstated to the agenda.
d. Motion to Table. A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time.

5.4.8. Reconsideration. A request for reconsideration may be made during a meeting in which a decision has been made or at the next regularly-scheduled Council meeting. A request for reconsideration may be made only by a Council member who voted in the majority on the original decision. Reconsideration of a matter involves three decisions, which must occur in the following order:
a. First, the Council must decide whether or not to consider the request on a future agenda. (No discussion is permitted at this point on the validity of the request or the merits of the underlying action to be reconsidered.) b. Second, if a majority of the Council votes to place the issue on a future agenda, there are two agenda items:
i. Whether to allow reconsideration or not and
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11 ii. If reconsideration is permitted, whether the original decision should be changed or affirmed.
c. A decision not to reconsider a matter under (b)(i) will be deemed to automatically include removal of the agenda item for reconsideration of the merits under (b)(ii).
d. Unless a subject is reconsidered and a majority of the City Council votes to change the original decision, the original action stands and is final.

In addition, if a Council member’s personal bias compromises the Council member’s ability to act impartially with the interests of the City as a whole in mind, the Council member must leave the room and not participate in the agenda item. Bias may exist because of a Council member’s (1) substantial involvement or familiarity with the subject of an agenda matter or (2) close association with the persons involved, a connection which may or may not be known by the public or the other members of the Council.

5.4.10. Protests. A Council member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

5.4.11. Limits on speech and conduct. See sections 4.3 and 4.4, which apply also to the speech and conduct of City Council members.

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12 5.4.12. Rules of Order. Except as otherwise provided in these Rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the City Council.

6.2 Testimony

6.2.2. Each person wishing to testify may do so as described in section

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13 c. Those persons other than the applicant and the appellant (and their representatives) shall have a total of 3 minutes each to present testimony, except that to preserve order and eliminate repetitious testimony from a large group, the Mayor may ask a like-minded group to appoint a spokesperson to represent the point of view of the group. At the Mayor’s discretion, speakers favoring the project may be asked to so indicate and may be asked to present their testimony consecutively and likewise those opposed.
d. Regardless of the time limits stated above, the time limit per individual speaker may be set by the Mayor, with the concurrence of the City Council, at the beginning of a public hearing, based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors.

6.2.4. Questions by speakers may be noted and addressed prior to Council deliberation.

6.4 Council Action

6.4.1. Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice.

6.4.2. The Council may vote on the item, making findings of fact as required by law.

6.5 Due Process
A quasi-judicial hearing that involves property rights (a land use matter or a personnel matter) must incorporate the standards of constitutional due process. This type of hearing must be fair and open, subject to employee privacy rights. The elements of due process are adequate notice, an opportunity to be heard, an impartial decision-maker, a decision based on substantial evidence, and findings to document the basis of the decision.

6.5.1. Impartiality
a. Rule. A public official must perform the duties of office free from any personal or pecuniary interest. If there is an actual bias or financial interest that could interfere with a Council member’s judgment, the Council member should not Item H.3
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14 participate in the agenda item and should leave the Council chambers for the duration of the agenda item.
b. Open Mind. A Council member must have an open mind
and receive all evidence presented at the hearing. In addition, a Council member shall disclose ex parte communications (see §6.1 above) before making a determination on the merits. If the Council member has a fixed position on a matter prior to the hearing or if the Council member will be influenced by information not in the evidence, the Council member shall not participate in the hearing.
c. Staying Neutral. In order to assure that a Council member has not become so embroiled or otherwise involved in a matter that s/he cannot be impartial, the following rules shall apply:
i. Staff Contacts. A Council member shall refrain
from contact outside the public meeting context with City staff concerning the merits of matters which will or may come to the City Council for a quasi-judicial hearing.

Regardless of the above, a Council member may obtain factual information from staff relating to the hearing.
ii. Commissions and Committees. A Council member
must not express opinions on the merits of an item that is or will be the subject of a quasijudicial hearing within the subject matter jurisdiction of the Planning Commission to a Planning Commissioner prior to or during the hearing. In case such communications have occurred, any such communication from a Council member to a Planning Commissioner prior to a decision of the Commission on the matter shall be disclosed by the Commissioner in the course of the hearing of the subject by the Planning Commission.
iii. Interested Parties. A Council member shall refrain from becoming involved in discussions, negotiations, and other activities relating to a matter that is likely to be subject to a hearing by the City Council, unless the full scope of the Council member’s involvement and conversations is disclosed during the Council’s consideration of the matter and there is no bias that has resulted from those activities. d. Involvement or Bias. A Council member may be involved in a matter before the City Council due to a number of factors, including but not limited to an ongoing personal acquaintance, the proximity of real property, a business relationship, or community activities. In such a situation, where the Council member is unable to make an impartial decision, the Council member should recuse himself or herself, make a brief explanation of the facts behind recusal, and leave the room.

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15 7. Voting

7.2 Roll Call Votes
When required by State law, a roll call vote shall be taken on each motion before the Council. Additionally, on demand by any Council member, made before the "Noes" are called for, a roll call vote shall be taken on a motion before the Council. The Mayor's name shall be called last with other Council members' names called at random by the City Clerk. Council members shall not give explanations for their vote during roll call.

7.3 Silence
During a collective vote (ayes and noes), silence of any Council member denotes an affirmative vote.

7.4 Tie Vote
A tie vote means that a motion fails.

7.5 Abstention
Abstaining from a vote (other than due to recusal) constitutes a vote with the majority, except that where there is a tie vote, an abstention constitutes a vote for the motion.

8. Officers

8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Mayor requires three affirmative votes.

The Mayor shall be recognized as the official head of the City for all ceremonial purposes. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.

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16 The Mayor may issue proclamations, certificates of recognition, and similar documents on behalf of themself, as the Mayor. After such documents are issued, the Mayor may place them on the Council agenda under “Items for the Good of the City” to update the Council, recognize the recipient(s), and provide an opportunity for comment.

Proclamations, certificates of recognition, and similar documents will not be issued on behalf of the City Council unless they are first approved by the Council at a public meeting.

The Vice Mayor shall serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

9. Appointments to Boards, Commissions, Committees, and Liaisons Positions

Council members may be appointed to serve in the following roles:

9.1.1 Members of ad hoc and standing subcommittees of the City Council,

9.1.2 Members to represent the City on various regional boards, including joint powers agencies (e.g., Contra Costa County Solid Waste Authority, Mayors’ Conference of Contra Costa County, etc.),

9.1.3 Liaisons to various City Partners (e.g., Acalanes Unified School District, Bay Area Rapid Transit, Chamber of Commerce, etc.),

9.1.4 Liaisons to City Commissions and Committees (e.g., Planning Commission, Parks & Recreation Commission, etc.)
When a Council member is appointed as a liaison to a City Commission or Committee, their role is to facilitate communications between the Commission and the Council. They are the primary contact person if the Commission/Committee as a whole or an individual Commissioner/Committee Member wants such a channel of communication. The Item H.3
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17 Council’s appointed liaison should not be an advocate for the Commission or attempt to influence any decision or recommendation of the Commission/Committee.

Regular attendance by the Council liaison at Commission/Committee meetings is not an expectation. Furthermore, liaison to the Planning Commission may review video recordings of those meetings, but should not attend or participate in those meetings, as the Council is the appeal body for the Planning Commission.

When a Council member is appointed to serve as a liaison, they should take care to communicate when the opinions and positions they convey are their own (as individual council members) and when they have been specifically authorized to speak for the Council as a whole.

10. Ordinances

10.1 Document Preparation and Approval
All ordinances must be drafted by or approved by the City Attorney before being placed on the agenda.

10.3 Ordinance Preservation
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18 Following adoption of an ordinance, the City Clerk shall assign a number to the ordinance, publish a summary and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk's office.

11. Administrative Matters

11.1 Correspondence

11.1.3 Website Privacy Notice
The City’s website privacy notice should explain that the public is encouraged to communicate with Council members by email and other means, but that the public should be aware that email and other written correspondence, including messages intended to be confidential, may be subject to disclosure under the California Public Records Act.

Additionally, the privacy notice should explain that such correspondence may be forwarded to other Council members, City staff and/or the public generally.

For public records, the City complies with the State Public Records Act.

11.2 Confidentiality
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19 Matters discussed in closed session and matters contained in City Attorney confidential memoranda are confidential and shall not be disclosed to anyone without prior authorization from the City Council acting together (closed session information) or from the City Attorney (confidential communications from the City Attorney).

12. Emergency Procedures

12.1 Emergency Special Meetings
Emergency special meetings may be called by the Mayor, a majority of the Council members, or the City Manager only in accordance with State law (see Government Code section 54956.5), which defines qualifying emergencies narrowly (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity).

12.3 Emergency and Urgent Amendments to Regular Agendas Items may be added to a regular meeting agenda on an emergency or urgency basis only in accordance with State law (see Government Code section 54954.2(b)). a. The Council may add an emergency item to its agenda at a regular meeting if, by majority vote, it determines that the matter in question constitutes an emergency situation pursuant to Government Code section 54956.5 (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity). b. The Council may add an urgent item to its agenda at a regular meeting if it makes findings that: (1) there is a need to take immediate action, and (2) the Item H.3
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20 need for action came to the attention of the City subsequent to the agenda being posted.

Those findings must be approved by two-thirds of the members of the City Council present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.

12.5 Council Members Unavailable During Emergency
a. The City Council has designated the individuals serving in the following capacities to also serve as stand-by Council members according to the ranked order in which they appear:

1. Planning Commission, Chair

2. Supplemental Sales Tax Oversight Commission, Chair

3. Finance Advisory Committee, Chair

4. Parks & Recreation Commission, Chair

5. Transportation Safety Advisory Committee, Chair

6. Planning Commission, Vice Chair

7. Supplemental Sales Tax Oversight Commission, Vice Chair

8. Finance Advisory Committee, Vice Chair

9. Parks & Recreation Commission, Vice Chair

10. Transportation Safety Advisory Committee, Vice Chair Stand-by Council members shall have the duties prescribed by State law. See Government Code section 8641.
b. If an insufficient number of the members of the Council are available to conduct necessary business at an emergency meeting, one or more stand-by Council members shall, following the ranked order above, be authorized to serve as Council members, for purposes of that emergency meeting only. The number of stand-by Council members authorized to serve shall be the minimum number needed to conduct business at that emergency meeting of the City Council.

13. Suspension and Amendment of These Rules

13.1 Suspension
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21 Any provision of these rules not required by State law or the Orinda Municipal Code may be temporarily suspended by the Council.

13.2 Amendment
These rules may be amended by resolution of the Council.

CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: April 21, 2026
SUBJECT:

Discussion Regarding Rescheduling the City Council Meeting of June 2, 2026 EXECUTIVE SUMMARY:

The City Council will discuss rescheduling their June 2, 2026, meeting to a different date.

RECOMMENDATION:

Discuss and give direction to staff.

BACKGROUND:

At the City Council Meeting of April 7, 2026, the City Council voted to add a Matters Initiated item regarding possibility of rescheduling the June 2, 2026, City Council Meeting to another date due to Election Day.

DISCUSSION:

The matter is on this agenda for City Council discussion and to give direction to Staff.

FISCAL IMPACT:

None
STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

None
Respectfully Submitted by,
Sheri Smith, City Clerk
Approved By:

Linda Smith, City Manager
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Orinda City CouncilApril 21, 2026

Orinda City Council
April 21, 2026