Agenda packet — Orinda City Council, August 18, 2026 (part 1 of 3)

CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, August 18, 2026
07:00 PM
Orinda Library Auditorium
26 Orinda Way, Orinda, CA
Zoom Webinar Link: https://www.tinyurl.com/OrindaCityCouncil By Phone: +1 669 900 6833
Meeting ID: 810 2271 2723
YouTube: https://www.youtube.com/@cityoforinda9535/streams HOW TO PARTICIPATE IN THE MEETING:

Public comment is generally limited to 3 minutes per speaker per agenda item. For additional information, please refer to the Council’s Policies and Procedures Manual.

In-Person Comments: In-person speakers 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 present in person who has not submitted a speaker card may form a line at the lectern.

Remote Comments: Speakers who are participating via Zoom should use the “raise hand” function or the *9 function to indicate they wish to comment. You will be called upon and unmuted when it is your time to speak, which will generally be after the City Council hears from in-person speakers. Persons wishing to comment should use the Zoom link to participate in the meeting, not the YouTube link. The YouTube link is a livestream provided as a courtesy and does not allow for public comment.

Written Comments: In advance of the meeting, you may submit written public comment for the Council to read 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 City’s Website Meetings Calendar, by selecting the date of the meeting, and “Communications from Public”.

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

A. CALL TO ORDER/ROLL CALL
Councilmembers: Cara Hoxie, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Brandyn Iverson
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT (when applicable)
ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

ITEMS FOR THE GOOD OF THE CITY
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.

COUNCIL REPORTS
CITY MANAGER'S REPORT
CONSENT CALENDAR
Approval of City Council Minutes Page 9
The City Council will consider approval of the Meeting Minutes of:

1. July 16, 2026, Special Tri-City Meeting

2. July 21, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of

1. July 16, 2026, Special Tri-City Meeting

2. July 21, 2026, Regular Meeting
B.

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Amendments to the City’s Conflict of Interest Code Page 24 The Political Reform Act requires the City to review its Conflict of Interest Code every two years to ensure that designated positions and disclosure requirements remain accurate and current. Since the City’s Code was last amended in September 2024, several job classifications have changed and require corresponding updates to the Code’s designated positions and disclosure categories. Staff recommends that the City Council adopt Resolution No. 62-26 amending the Conflict of Interest Code to reflect these changes.

RECOMMENDATION:

Adopt Resolution No. 62-26 Amending the Conflict of Interest Code.

Accept Work and Contract with Allied Construction Services for the Library Roof Replacement Project, CIP #4173

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The City Council will consider adopting Resolution No. 61-26 to Accept Work and Contract with Allied Construction Services for the Library Roof Replacement Project (CIP #4173).

RECOMMENDATION:

Adopt Resolution No. 61-26 to Accept Work and Contract with Allied Construction Services for the Library Roof Replacement Project (CIP #4173).

Accept Work and Contract with Musco Sports Lighting, LLC for the Wilder Fields Sports Lighting LED Retrofit Project, CIP No. 4195

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The City Council will consider adopting Resolution No. 60-26 to Accept Work and Contract with Musco Sports Lighting, LLC (Musco) for the Wilder Fields Sports Lighting LED Retrofit Project, CIP No. 4195.

RECOMMENDATION:

Adopt Resolution No. 60-26 to Accept Work and Contract with Musco Sports Lighting, LLC
Ordinance No. 20-07 – Pilot Facade Improvement Program
Streamlining

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The City Council established a one-year Pilot Facade Improvement Program to encourage investment in exterior improvements to commercial properties. As part of that action, the City Council directed Staff to prepare any necessary amendments to the Orinda Municipal Code to streamline review procedures for approved Facade Improvement Program projects. Ordinance 26-07 implements those streamlining review procedures and was introduced at the City Council Meeting of July 21, 2026.

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RECOMMENDATION:

Waive the full reading and adopt Ordinance 26-07 Amending Title 17 of the Orinda Municipal Code (Zoning) to Amend Chapters 17.8.5 (I-Downtown Commercial District), 17.18.5 (Exempt Signs), 17.21.3 (Permit Required for Removal or Destruction of a Protected Tree), and 17.30.3 (Design Review Requirement), for the Purposes of Streamlining Permit Requirements for Approved Façade Improvement Program Projects.

Ordinance 26-08 Municipal Code Cleanup to Confirm First Amendment Compliance

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The ordinance deletes outdated provisions related to sidewalk vending and replaces one existing regulation with a content-neutral standard governing sidewalk obstruction. Collectively, the amendments increase transparency, modernize the Municipal Code, and retain objective regulations necessary to protect pedestrian access and Americans with Disabilities Act (ADA) compliance.

RECOMMENDATION:

Introduce Ordinance 26-08 Deleting Chapter 9.08 (Offenses Against Public Peace and Decency) and Amending Chapters 12.08 (Encroachments) and 12.16 (Nonvehicular Prohibitions in Rights-of-Way) of the Orinda Municipal Code to ensure consistency with First Amendment protections while preserving appropriate public safety regulations.

Ordinance 26-09 - Development of Sidewalk Vendors
Regulations

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The City Council will consider introducing Ordinance 26-09, establishing a comprehensive regulatory framework for sidewalk vending consistent with state law.

The ordinance would require vendors to obtain a City permit and establishes objective standards for where and how vending may occur, with an emphasis on safety, accessibility, and compatibility with surrounding uses.

RECOMMENDATION:

Waive the full reading and introduce Ordinance No. 26-09, Amending Title 5 of the Orinda Municipal Code (Business Licenses and Regulations) to Enact Chapter 5.34 (Sidewalk Vending) and Amend Chapters 5.03 (Business Registration), 5.32 (Peddlers and Solicitors), 12.08 (Encroachments), 12.20 (Roadside Selling), and

12.28 (Parks), and Delete Chapter 8.08 (Public Health Licenses and Fees) for I.6
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Consistency with State Sidewalk Vending Law.

Orinda Way Road Closure for 22nd Annual Car Show - Traffic Order 244

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The 22nd Orinda Annual Classic Car Show in the Orinda Downtown area of the Village District will be held between 10:00 a.m. and 2:00 p.m. on Saturday, September 12, 2026.

RECOMMENDATION:

Adopt Resolution 57-26 Authorizing Closure of a Portion of Orinda Way and All of Avenida de Orinda for the Orinda Annual Classic Car Show (Traffic Order No. 244).

Approve On-Call Drainage Facilities Services Contracts with Cowan & Thompson Construction, Inc., Miksis Services, Inc., FJ&I Engineering, Inc. and Presidio Systems, Inc.

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The City Council will consider new contracts for on-call drainage facilities repairs.

Repairs are required when the City finds failed or failing facilities, during storms or when the public or police report hazards such as sink holes. Internal inspection by way of camera/video (CCTV) is also often necessary. These services have typically been contracted on an as needed basis, on average around five times per year, to firms that have proven themselves to be competent, reliable and available on short notice. These new contracts will improve efficiency by having contracts in place, including insurance documents.

RECOMMENDATION:

Adopt Resolution 59-26, Approving Exception to Competitive Bidding Requirement per Orinda Municipal Code Section 2.55.100.A.6, and Approving On-Call Drainage Facilities Services Contracts with Cowan & Thompson Construction, Inc., Miksis Services, Inc., FJ&I Engineering, Inc. and Presidio Systems, Inc.

Lease Agreements with the Orinda Association and the Orinda Historical Society

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The City Council will consider new lease agreements with the Orinda Association and the Orinda Historical Society for space at the Orinda Library. Each of these agreements will be for a three-year term.

RECOMMENDATION:

Adopt Resolution 66-26 Approving the Lease Agreements with the Orinda Association and the Orinda Historical Society.

Establishing Property Tax Rates for the General Obligation Page 191 I.8
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Bond Series 2014 and Series 2016 for Fiscal Year 2026-27 The voters in Orinda authorized two General Obligation Bond measures by a twothirds vote, increasing taxes to repair streets and storm drains. Each year, the City must establish the tax rate necessary to generate sufficient property tax revenue necessary to repay the bonds.

RECOMMENDATION:

Adopt Resolution No. 67-26 Establishing the Property Tax Rates for Bonded Indebtedness for Fiscal Year 2026-27; and direct Staff to provide the information to the Contra Costa County Auditor-Controller for preparation of the tax levy.

Contract with Fire Safe Moraga Orinda for the Administration and Implementation of Incentives and Outreach Programs

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The City Council will consider approval of a one-year agreement with Fire Safe Moraga Orinda (FSMO) for administration of the City’s existing Fire Fuels Reduction Incentive Program for individual properties, funding for FSMO’s existing neighborhood group-based Fuel Reduction Incentive Program, and funding for community outreach and education efforts currently performed by City staff.

RECOMMENDATION:

Adopt Resolution 64-26 Approving a General Services Contract with Fire Safe Moraga Orinda for the Administration and Implementation of Incentives and Outreach Programs.

PUBLIC HEARING
Appeal of the Planning Commission’s denial (due to tie vote) of applicant’s request to legalize as-built changes to previously approved design for a new home: Design Review, Elevated Deck, and Exception Permit applications (DRA-2026-009, EDP2026-006, EXC-2026-009) at 42 Charles Hill Circle.

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The City Council will hold a public hearing for an appeal of a Planning Commission decision (due to a tie vote) related to the denial of project modifications for 42 Charles Hill Circle. In 2023, the property owner, Ed Patmont (Applicant), received approvals to construct a new single-family residence on the project site; however, the built project included modifications that triggered additional Design Review, Elevated Deck Permit, and Exception Permits.

Staff reviewed the Applicant's revised project and concluded that all relevant standards are met under these additional permitting requirements. Staff recommended approval to the Planning Commission and continues to recommend I.12
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approval to the City Council.

RECOMMENDATION:

Adopt Resolution No. 63-26 to approve the Design Review, Elevated Deck, and Exception Permit applications, DRA-2026-009, EDP-2026-006, and EXC-2026-009, to legalize modifications to an approved project, resulting in a constructed 4,789 adjusted square-foot (5,919 gross square-foot (including proposed 730 square-foot ADU not yet constructed)), three-story, single-family residence with an expanded elevated deck, subject to the conditions of approval included in the resolution.

POLICY MATTERS
Designation of Voting Delegate and Alternate at the League of California Cities Annual Conference

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Designate Voting Delegate and Alternate for the League of California Cities Annual Business Meeting at the September 23-25, 2026, League Annual Conference – Anaheim Convention Center.

RECOMMENDATION:

Designate Voting Delegate and Alternate for the League of California Cities Annual Business Meeting at the September 23-25, 2026, League Annual Conference – Anaheim Convention Center.

Selection of Two Councilmembers as Labor Negotiators for Position of City Manager
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 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 K.

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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: August 18, 2026
SUBJECT:

Approval of City Council Minutes
EXECUTIVE SUMMARY:

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

1. July 16, 2026, Special Tri-City Meeting

2. July 21, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of

1. July 16, 2026, Special Tri-City Meeting

2. July 21, 2026, Regular Meeting
STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. City Council Minutes of July 16, 2026, Special Tri-City Meeting B. City Council Minutes of July 21, 2026, Regular Meeting

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

Linda Smith, City Manager
Item I.1
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1 SPECIAL MEETING

LAMORINDA TRI CITIES MEETING
THURSDAY, JULY 16, 2026

MINUTES
6:00 PM
SAINT MARY’S COLLEGE – SODA CENTER

1. CALL TO ORDER / ROLL CALL
Mayor Hillis called the Special Meeting to order at 6:00 PM Moraga: Mayor Hillis; Vice Mayor Dolan;
Councilmembers: Maglio, Thiel and Woehleke
Lafayette: Mayor Anduri; Vice Mayor McCormick;
Councilmembers: Candell, Cervantes and
Wotherspoon

COUNCILMEMBERS
PRESENT:

Orinda: Mayor Iverson; Vice Mayor Gee;
Councilmembers: Hoxie, Malkani and Riley
Moraga: None
Lafayette: Vice Mayor McCormick and Councilmember
Cervantes

COUNCILMEMBERS
ABSENT:

Orinda: Mayor Iverson

2. PLEDGE OF ALLEGIANCE

3. ADOPTION OF AGENDA
Item I.1
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2 ACTION:

Motion: Woehleke / Second: Dolan
The meeting agenda was adopted as presented.

Vote: (12-0-3)

4. PUBLIC FORUM
There were no public speakers.

5. WELCOME
Welcome remarks were given by Dr. Roger Thompson, Saint Mary’s College President.

Councilmembers provided their comments.

6. LEGISLATIVE UPDATE
A. Townsend Public Affairs
Casey Elliot, Vice President & Chief Strategy Officer presented on behalf of Townsend.

The topics presented included a state budget update, priority legislation and a look ahead at a variety of topics including federal appropriations, local funding requests, federal appropriations timing and an overview of November Ballot Measures.

Councilmembers asked follow-up questions and provided comments.

7. LAMORINDA TOPICS
A. Bay Area Rapid Transit (BART) Report
Chief Financial Officer, Joe Beach presented on behalf of BART. The presentation included an overview of the BART rail system to include the following topics: updates to BART’s safety and cleanliness; various ways to utilize the BART train system using new technology; wayfinding options; ridership statistics; customer satisfaction statistics; BART’s deficit which detailed operational costs, reasons for the deficit, a financial path forward; as well as an SB 63 Transit Measure Accountability overview, how SB 63 will financially stabilize BART, alternatives to SB 63; and BART’s FY27 Adopted Budget.

Councilmembers asked follow-up questions and provided comments.

B. Contra Costa County Transportation Authority (CCTA) Report

1. Countywide Evacuation Study

2. Lamorinda Smart Signals

3. CCTA Expenditure Plan
Item I.1
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3 Executive Director, Tim Haile who presented on behalf of Contra Costa Transportation Authority (CCTA) began with an overview of Measure J and how funds are allocated as they pertain to CCTA’s roles in the region. The presentation included information on a Countywide Evacuation Study. The study topics were a readiness assessment for State regulations, practical investments, partnerships with local agencies, and the consultant selection process. Director Haile gave an overview of the Smart Signals program in the Lamorinda region and provided a snapshot of the project and its funding. There was a short video on mobility hubs prior to a section on the Transportation Expenditure Plan (TEP). This was followed by an interactive session on how CCTA should invest in transportation in the future where Councilmembers and attendees were able to use their devices to offer suggestions in real time.

Councilmembers asked follow-up questions and provided comments.

C. Moraga Way Connectivity Study
Public Works Director, Nate Levine presented an overview of the Moraga Way Safety and Connectivity Planning Study: Safe Streets and Roads for All (SS4A) Grant. The presentation included an overview of the grant amount and the size of the corridor as well as giving details about the study with emphasis that it is a planning study only and will not include a final design or construction. Director Levine reported on what the study would achieve, a tentative schedule and status update, and how the community can get involved. There will be upcoming meetings, follow-up updates via Moraga and Orinda agency websites, and the ability to sign up for alerts once the study is underway.

Councilmembers asked follow up questions and provided comments.

8. SET NEXT MEETING DATE AND LOCATION
ACTION:

Motion: Hillis / Second: Dolan
Defer setting the next meeting date to staff.

Vote: (12-0-3)

9. ADJOURNMENT
Mayor Hillis of the Town of Moraga adjourned the Lamorinda Tri Cities Special meeting at 9:07 PM.
________________________________
Sheri Marie Smith, Orinda City Clerk for
Amy Heavener, Moraga Town Clerk

Item I.1
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Orinda City Council Minutes Page 1 of 11 07.21.26
JULY 21, 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
(via Zoom)
COUNCILMEMBERS ABSENT: None.

B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.

C. ADOPTION OF AGENDA
There were no changes to the agenda.

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

D. ITEMS FOR THE GOOD OF THE CITY
E.1 Introduction of Officer Taliaferro
Police Chief Rossi stated the new Police Officer position represents an important investment in the safety and quality of life of Orinda and is dedicated to: 1) supporting schools; 2) strengthening emergency preparedness; and 3) enhancing partnerships with their business community. He then introduced new Police Officer Taliaferro.

Officer Taliaferro said she is excited to be a part of the beginning of this new position the City has granted.

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

Councilmembers welcomed Officer Taliaferro to the Police Department.

E.2 Recognition of Aiden Meng, National Spelling Bee Finalist Item I.1
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Orinda City Council Minutes Page 2 of 11 07.21.26
Donna Brown from Assemblymember Rebecca Bauer-Kahan’s office and on behalf of Senator Tim Grayson, presented and recognized Aiden Meng, as a National Spelling Bee finalist from Orinda Middle School.

Mayor Iverson then presented and read a Proclamation into the record recognizing Aiden Meng. A 7th grade student, as a finalist in the National Spelling Bee.

Aiden Meng, 7th grade student, Orinda Middle School, thanked the Council, his family, and Ms. Brown on behalf of the Assemblymember and Senator for recognizing him as a finalist in the National Spelling Bee.

Councilmembers congratulated Aiden for his accomplishments.

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

E. PUBLIC FORUM - None
F. COUNCIL REPORTS
Councilmember Riley reported attending the Orinda Historical Society meeting and said they are holding their first Teen Appreciation Pizza Party Lunch this week. The Historical Society is supporting DIR’s event on August 6th at the Lafayette Library in honor of the 250th anniversary, is launching a new website, and they are interested in providing a tour of historical sites in the future.

Vice Mayor Gee gave the following report:
• CCTA met and approved the award of the Countywide Evacuation Study and the work will get underway in the next couple of months. Also, CCTA is encouraging listening with all communities with the County this summer and asking people what to share what their transportation challenges are and things they would like to see happen, are already great, and generally how they feel about transportation in the County.
• They held their annual Tri-Cities Meeting in Moraga at St. Mary’s College with a good turnout of elected officials and a warm welcome from the St. Mary’s President. New facilities of the campus were able to be toured. She described speakers at the meeting; Casey Elliott from Townsend Public Affairs, BART CFO spoke regarding SB 63 on the November ballot, and Tim Hale, ED from CCTA.

Councilmember Malkani reported this weekend she attended AAPI Lead conference in Southern California. It is the third annual national conference of AAPI elected members from around the nation.

Item I.1
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Orinda City Council Minutes Page 3 of 11 07.21.26
Councilmember Hoxie reported attending the TSAC meeting where the Committee discussed new calming measure requests, reviewed police reports of traffic violations and citations issued, as well as collision data, and discussed going out for a bid for a bike/ped trail map and plan for Orinda, and input is needed. She and Councilmember Riley took the tour of the St. Mary’s facilities, noting the Nursing Program will be a great asset to the region and community.

Councilmember Riley stated the St. Mary’s College President also mentioned the 100th anniversary coming up in 2028, celebrating when St. Mary’s moved to Moraga. She asked Councilmembers to think about how they can partner with Moraga and Lafayette with mutual interests.

Mayor Iverson gave the following report:
• She attended the Mayors’ Liaison meeting and said the Tabor student arrives on August 10th and a host family is still needed.
• The OUSD announced enrollment is up again this year and their facilities project is on schedule and going well.
• One Orinda beat their target shy of $6 million, beating it by $80,000 year over year and their target for the coming year will be over $6 million. • The Acalanes School District sent out information about a potential parcel tax and will have until August 7th to commit to a parcel tax.
• MOFD will move into their new building the first week of August and the demonstration garden at Station 42 is now up and live.
• The County was proud of an opening for their new behavioral center. • Loard’s Ice Cream and Candy is sponsoring a Chamber Mixer on July 30th.

Mayor Iverson opened the public comment period, and there were no speakers.

G. CITY MANAGER’S REPORT
City Manager Smith gave the following report:
• She reminded the Council and public that the City’s annual pavement work projects began yesterday;
• The Thursday Night Concert is Opera in the Park this week sponsored by Orinda Rotary.
• The City is still seeking feedback on the Community Park Master Plan on changes and proposed playground design, themes, equipment, etc. • The Citizen’s Academy, titled “How Orinda Works – HOW” is still accepting applications. They have 30 people wishing to participate to date. • National Night Out will be held August 4th at the Community Park with Orinda Police and MOFD.
• The Fall Recreation Guide is out on-line, coming to people’s homes, and registration starts August 10th.

Mayor Iverson opened the public comment period, and there were no speakers.

Item I.1
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Orinda City Council Minutes Page 4 of 11 07.21.26
H. CONSENT CALENDAR
Mayor Iverson asked if Councilmembers or the public wished to remove any items, and Councilmember Hoxie asked to remove Item I.4 for discussion. There were no other requested items and no public comments.

I.1 Approval of City Council Minutes
The City Council will consider approval of the Meeting Minutes of:

1. July 7, 2026, Closed Session

2. July 7, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of

1. July 7, 2026, Closed Session

2. July 7, 2026, Regular Meeting
I.2 Ordinance Establishing State-authorized limitations on Parcels Created Pursuant to the Starter Home Revitalization Act The City Council will consider adoption of Ordinance 26-05, which was introduced at the City Council Meeting of July 7, 2026. This Ordinance would amend Title 16 (Subdivisions) and Title 17 (Zoning) of the Orinda Municipal Code to establish State-authorized limitations on parcels created pursuant to the Starter Home Revitalization Act, 2026.

RECOMMENDATION:

Adopt Ordinance 26-05, waiving full reading, amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orinda Municipal Code to establish State-authorized limitations on parcels created pursuant to the Starter Home Revitalization Act (California Government Code Section 66499.41).

I.3 Investment Report for the Quarter Ending June 30, 2026 The City Council will receive the quarterly report on the City’s investments, consistent with California Government Code Section 53646(b) and the City's Investment Policy. This report covers the period of April 1, 2026, to June 30, 2026.

RECOMMENDATION:

Accept the Investment Report for the quarter ending June 30, 2026.

I.5 Authorize an Exception to Competitive Bidding Per Orinda Municipal Code (OMC) Section 2.55.100, Purchase Two Replacement Police Patrol Vehicles, Including Equipment Outfitting and Installation, and Approve Budget Change Form #001-27
Item I.1
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Orinda City Council Minutes Page 5 of 11 07.21.26
The City is responsible for providing the fleet of vehicles used by Police personnel under the contract with the Contra Costa County Office of the Sheriff. Two existing Police Patrol Vehicles have reached the end of their useful life and need to be replaced. Per Orinda Municipal Code Section

2.55.100, when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar equipment, an exception to the competitive bidding requirement may be requested. In addition, Staff is requesting a budget adjustment of $179,500 originally appropriated in Fiscal Year 2025-26 which went unspent and remains available for this use.

RECOMMENDATION:

Authorize an exception to the competitive bidding process per OMC

2.55.100, approve the replacement of two existing police patrol vehicles at a total cost of
$179,500 ($125,000 for the vehicles and approximately $54,500 for equipment and outfitting); and approve Budget Change Form #001-27 in the amount of $179,500 from the Fleet Replacement Fund (Fund 605).

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

Item Removed from the Consent Calendar:

I.4 Ladris Contract Amendment No. 1 for Wildfire and Evacuation Planning Services
The City Council will consider approving Amendment No. 1 to the agreement with Ladris Technologies, Inc., extending the City's wildfire scenario and evacuation planning services for an additional two-year term, from August 30, 2026, through August 29, 2028, at a fixed annual cost of $252,700, for a total contract amount not to exceed $505,400.

RECOMMENDATION:

Adopt Resolution No. 56-26 Approving Amendment No. 1 to the Professional Services Agreement with Ladris Technologies, Inc. for the continued provision of wildfire scenario and evacuation planning services to the City of Orinda.

Councilmember Hoxie referenced public comments regarding the proposed use of Ladris and asked how the platform would support the City during a wildfire event similar to the ongoing fire in the Pleasanton, Sunol, and Livermore area.

Item I.1
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Orinda City Council Minutes Page 6 of 11 07.21.26
City Manager Smith explained that while Alameda County and CAL FIRE may use some fire prediction and modeling tools, Ladris is intended to support the City's emergency management efforts. In a local wildfire scenario, the platform would analyze fire conditions, weather, and other variables to model fire progression, identify areas that may require evacuation, and evaluate evacuation timing using real-time traffic data. The primary benefit is to assist the City in making informed decisions about evacuation warnings and orders rather than serving as a public-facing tool.

Councilmember Hoxie also raised public concerns regarding the accuracy of ember-cast modeling. City Manager Smith responded that Ladris incorporates detailed fire behavior modeling based on factors such as wind direction, wind speed, humidity, and fire origin.

She noted that these modeling capabilities were reviewed extensively with the MoragaOrinda Fire District (MOFD) during the City's evaluation of the system.

Regarding cost, Councilmember Hoxie acknowledged public concerns about the City's investment in the platform and observed that the City considers the expense justified given its value for real-time evacuation planning. City Manager Smith agreed, noting that Ladris uses highly detailed regional vegetation mapping at a five-meter resolution, providing greater accuracy than the more common 30-meter datasets. She added that the City continues to pursue a regional funding approach and has submitted grant applications to help offset costs.

Vice Mayor Gee highlighted a specific public question about whether Ladris accurately models wildfire spread rates. He noted that during previous discussions, MOFD had reviewed the platform's methodology and expressed confidence that its modeling approach is sound.

City Manager Smith stated that the City worked closely with the Fire Chief and the Ladris team to refine the platform's wildfire modeling. She explained that the model incorporates high-resolution vegetation mapping at the five-meter level and has been adjusted based on the Fire Chief's experience and input from CAL FIRE officials. She added that the modeling assumes no fire suppression activities and is based on conservative assumptions, including 45-degree wind directions, wind speeds exceeding 30 mph, and relative humidity conditions, resulting in what the City believes is a realistic planning model.

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

Councilmembers highlighted the value of Ladris for wildfire modeling, including its embercasting capabilities, and encouraged the public to review the information available on the City's website. They also supported pursuing regional partnerships, including through CCTA, to integrate the tool with countywide evacuation planning and explore cost-sharing opportunities, noting that while the software is a worthwhile investment, its long-term costs would be more sustainable if shared among neighboring jurisdictions.

Item I.1
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MOTION by Councilmember Malkani Iverson moved, and seconded by Councilmember Hoxie to approve Consent Calendar Item I.4. Said motion carried by unanimous (5-0) roll call vote.

I. PUBLIC HEARING
J.1 Introducing Ordinance No. 26-07 Pilot Facade Improvement Program Streamlining. On June 9, 2026, the City Council adopted Resolution No. 35-26 establishing a one-year Pilot Façade Improvement Program to encourage investment in exterior improvements to commercial properties. As part of that action, the City Council directed staff to prepare any necessary amendments to the Orinda Municipal Code to streamline review procedures for approved Façade Improvement Program projects.

Ordinance No. 26-07 implements that direction by exempting approved Façade Improvement Program projects from Planning Commission design review, sign permit requirements, tree removal permit requirements, and outdoor dining permit requirements while maintaining compliance with applicable building, fire, accessibility, and encroachment requirements.

As required for all amendments to Title 17 (Zoning Code), the Planning Commission considered the proposed ordinance on July 14, 2026, and recommended that the City Council adopt Ordinance No. 26-07. The Planning Commission's recommendation is advisory, and the City Council retains full authority to approve, modify, or deny the proposed ordinance.

RECOMMENDATION:

Waive the full reading and introduce Ordinance No. 26-07, amending Chapters 17.8.5 (I-Downtown Commercial District), 17.18.5 (Exempt Signs), 17.21.3 (Permit Required for Removal or Destruction of a Protected Tree), and 17.30.3 (Design Review Requirement) of Title 17 (Zoning) of the Orinda Municipal Code to streamline permitting requirements for approved Façade Improvement Program projects; and find that Ordinance No. 26-07 is exempt from the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption.

Assistant to the City Manager Cole Haselip presented the staff report on the proposed ordinance implementing the one-year Pilot Façade Improvement Program. He explained that the program includes grants of up to $30,000 for eligible exterior improvements and a streamlined review process that exempts approved projects from certain design review, sign permit, outdoor dining permit, and tree removal permit requirements. He noted that the Planning Commission reviewed the proposed ordinance and recommended adoption of Ordinance No. 26-07.

Item I.1
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Councilmember Riley asked whether improvements to the rear of a building would qualify if the area is visible from public streets or walkways. Mr. Haselip responded that the program is limited to storefront façades but encouraged interested property owners to submit an interest form for staff review. City Manager Smith added that while grant funding is intended for eligible façade improvements, property owners could use their own funds for other building improvements, and staff would work with applicants to discuss their project goals.

Councilmember Malkani asked whether improvements to the theater sign could be eligible under the program. Mr. Haselip encouraged submission of an interest form for staff evaluation, and City Manager Smith noted that staff recognizes the Council's interest in the theater sign and is exploring potential solutions.

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

Mayor Iverson referenced the Planning Commission's discussion of the Pilot Façade Improvement Program and supported its recommendation for a one-year review, noting the importance of evaluating the pilot's outcomes and considering how the streamlined review process could inform future City procedures.

Councilmember Malkani confirmed with Mr. Haselip that the Planning Commission recommended including a Planning Department representative on the program's review committee and requested that the program return to the Planning Commission after one year to report on the pilot's results.

Mayor Iverson also expressed support for maintaining quality control over signage while minimizing burdens on small businesses. She suggested that signage and tree-related decisions could be reviewed by the Zoning Administrator and stated that the first year of the pilot would provide valuable information for future program improvements.

Councilmember Hoxie echoed the previous comments and expressed support for the program.

MOTION by Councilmember Hoxie, and seconded by Councilmember Malkani, to waive the full reading and introduce Ordinance No. 26-07, amending Chapters 17.8.5 (IDowntown Commercial District), 17.18.5 (Exempt Signs), 17.21.3 (Permit Required for Removal or Destruction of a Protected Tree), and 17.30.3 (Design Review Requirement) of Title 17 (Zoning) of the Orinda Municipal Code to streamline permitting requirements for approved Façade Improvement Program projects; and find that Ordinance No. 26-07 is exempt from the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption. Said motion carried by unanimous (5-0) roll call vote.

J. POLICY MATTERS
K.1 Adopting the 2026 Emergency Operations Plan
Item I.1
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The proposed 2026 Emergency Operations Plan (EOP) establishes the City’s framework for preparing for, responding to, and recovering from emergencies and disasters. The EOP is designed as an all-hazards plan and provides scalable guidance that may be applied to wildfires, earthquakes, severe weather, utility disruptions, hazardous materials incidents, public safety emergencies, and other events affecting the community.

The EOP identifies the City’s emergency organization, establishes procedures for activating and operating the Emergency Operations Center (EOC), describes the roles of City departments and partner agencies, and provides functional and hazard-specific annexes, operational checklists, and supporting forms. The plan is intended to improve coordination, clarify responsibilities, and provide City staff with practical guidance during an emergency.

RECOMMENDATION:

Adopt Resolution No. 58-26 Adopting the 2026 Emergency Operations Plan.

Assistant to the City Manager Cole Haselip presented an update to the Emergency Operations Plan (EOP), including integration of updated laws, wildfire response practices, Ladris, training exercises, and action items. City Manager Smith introduced Lee Rosenberg of Navigating Preparedness, who assisted staff with the plan update.

Councilmember Hoxie asked how the City can improve coordination with outside organizations, including the school district. Mr. Haselip said this was identified in the afteraction report and staff will continue outreach through training invitations, direct meetings, and sharing of the EOP.

Vice Mayor Gee praised the plan and emphasized the importance of regional coordination with neighboring cities. Mr. Haselip noted that recent exercises improved alignment among agencies through shared NIMS training and emergency response structures, with continued collaboration planned.

Councilmembers Malkani and Riley echoed the importance of regional preparedness and public education, including evacuation awareness and future community exercises. City Manager Smith noted that evacuation drills can be challenging but highlighted the value of ongoing education and lessons learned from recent regional fire events.

Mayor Iverson asked about maintaining and updating the EOP. Mr. Haselip stated staff will regularly review the plan and update it when significant changes are needed. She also asked about potential delays if emergency operations staff do not live locally. Mr.

Haselip described mitigation measures, including emergency notification systems, remote work capabilities, and improved communication tools.

Item I.1
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Mr. Haselip and Mr. Rosenberg discussed emergency communication resources, including GECS, wireless priority services, satellite phones, and public safety radio systems. City Manager Smith noted her role as Chair of the East Bay Regional Communications System Authority.

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

Councilmembers expressed support for the plan, noting it is thorough and well-developed.

They emphasized the importance of continued testing and training, thanked Mr.

Rosenberg and staff for their work, and recognized the plan’s attention to detail, commitment, and professionalism.

MOTION by Councilmember Hoxie, and seconded by Councilmember Riley, to adopt Resolution No. 58-26 adopting the 2026 Emergency Operations Plan. Said motion carried by unanimous (5-0) roll call vote.

K.2 Strategic Plan Progress Report
In July 2025, the City Council adopted the Fiscal Years 2025/26–2026/27 Strategic Plan to establish the City's organizational priorities and guide policy development, budgeting, and staff work over the two-year planning period. The Strategic Plan identifies four strategic priorities and a series of implementation objectives intended to improve wildfire resilience, infrastructure, downtown vitality, and community engagement.

This report provides the City Council with its first comprehensive implementation update. Attachment A summarizes the implementation status of every Strategic Plan objective, while Attachments B and C document the policy actions, projects, and initiatives undertaken by the City that support implementation of the Strategic Plan. Together, these documents provide a comprehensive overview of the City's progress toward accomplishing the Council's adopted priorities.

RECOMMENDATION:

Receive the Strategic Plan Progress Report and provide direction to Staff on further implementation.

Assistant to the City Manager Cole Haselip presented a progress report on the Counciladopted Strategic Plan, which is targeted for completion by the end of Fiscal Year 2027.

He reviewed the plan’s four components and highlighted progress on the 19 strategic items, noting three items are complete, 16 are ongoing, and six are in progress. He also reviewed reports on Council actions and staff work items completed from July 2025 through June 2026 and provided updates on key projects.

Councilmember Malkani asked whether community emergency preparedness education efforts would continue with the Fire Safe Moraga-Orinda (FSMO) taking a lead role.

Item I.1
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City Manager Smith confirmed that staff will continue working with FSMO on outreach and are also partnering with Impactful Communications on focus groups to evaluate effective messaging and delivery methods. She noted staff will return with the findings and recommendations, including discussions with the 2x2 Committee and SSTOC.

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

Councilmembers recognized staff’s efforts in developing and tracking the Strategic Plan, identifying completed work, and maintaining focus on Council priorities.

City Manager Smith stated that staff will begin planning earlier for next year’s Strategic Plan update, with the goal of scheduling a facilitated session in late February and aligning the process with upcoming budget timelines.

Councilmember Malkani confirmed with the City Manager that the current staff report and attachments will be provided as part of the future strategic planning process.

K. MATTERS INITIATED – Councilmember Malkani said she received a number of comments from residents who are asking for a gas leaf blower ban, which is something neighboring jurisdictions have imposed. She asked if staff could provide an analysis of that, pros and cons, and what other Contra Costa cities’ experiences has been.

MOTION by Councilmember Malkani, and seconded by Councilmember Riley, to direct staff to return with analysis, pros and cons, and what other Contra Costa cities have experienced with implementation of restrictions on gas leaf blowers. Said motion carried by unanimous (5-0) roll call vote.

L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:43 p.m. to the next Regular City Council Meeting on Tuesday, August 04, 2026 at 7:00 p.m. ______________________________
Sheri Marie Smith, City Clerk
Item I.1
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: August 18, 2026
SUBJECT:

Amendments to the City’s Conflict of Interest Code
EXECUTIVE SUMMARY:

The Political Reform Act requires the City to review its Conflict of Interest Code every two years to ensure that designated positions and disclosure requirements remain accurate and current. Since the City’s Code was last amended in September 2024, several job classifications have changed and require corresponding updates to the Code’s designated positions and disclosure categories. Staff recommends that the City Council adopt Resolution No. 62-26 amending the Conflict of Interest Code to reflect these changes.

RECOMMENDATION:

Adopt Resolution No. 62-26 Amending the Conflict of Interest Code

BACKGROUND:

The Political Reform Act requires that every local agency adopt a Conflict of Interest Code and that the Code be reviewed on a biennial basis to determine if it is accurate and upto-date. The last review and amendments to the City’s Conflict of Interest Code were adopted by Resolution No. 39-24 on September 3, 2024.

The City’s Conflict of Interest Code (Code), required by Government Code Section 87300 incorporates by reference, Fair Political Practices Commission (FPPC) regulation, Title 2 Cal. Code of Regulations Section 18730. Appendix A of the attached Resolution designates the positions within the City that make or participate in the making of governmental decisions, which may have a material effect on any financial interest.

Appendix A also identifies what types of financial interests must be disclosed (i.e., “disclosure categories”). The Code requires that any qualifying financial interest be disclosed through the filing of a Statement of Economic Interests (Form 700) upon assuming office, through annual filings, and upon leaving office.

The City Council, City Manager, City Attorney, City Treasurer/Administrative Services Director, and Planning Commission are not subject to the provisions of the City’s Conflict of Interest Code because they are subject to the disclosure requirements of the Political Reform Act under the terms of Government Code Sections 87200 et seq.

Item I.2
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DISCUSSION:

Since 2024, when the code was last amended, there have been several changes to job classifications. These changes are shown in redline as an Appendix to the attached Resolution.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

Not applicable
ATTACHMENTS:

A. Resolution No. 62-26
Respectfully Submitted by,
Sheri Smith, City Clerk
Approved By:

Linda Smith, City Manager
Item I.2
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Resolution No. 62-26

Page 1 of 4 ends

RESOLUTION NO. 62-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

ADOPTING AN AMENDED CONFLICT OF INTEREST CODE UNDER
GOVERNMENT CODE SECTION 87300-87313
WHEREAS, Government Code section 87300, comprising a part of the Political Reform Act of 1974 as amended, requires the City to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, since November 26, 1985, the City Council has amended its Conflict of Interest Code as required by law. The latest amendment was adopted on September 3, 2024, by Resolution No. 39-24; and
WHEREAS, Section 18730 of the Regulations of the Fair Political Practices Commission (Title 2, Division 6, California Code of Regulations) authorizes the adoption of the Conflict of Interest Code by incorporating section 18730 by reference and designating the employees and disclosure categories to which the Code applies.

NOW THEREFORE, the City Council of the City of Orinda does find, determine and declare as follows:

1. The City of Orinda incorporates by reference the terms of 2 Cal. Code of Regs. Section 18730(b) and any amendments to it duly adopted by the Fair Political Practices Commission and declares that those terms, along with the attached Appendix in which public officials and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Orinda, which is considered the “agency” for the purposes of this Code.

2. Persons designated in the Appendix shall file their statements with the City Clerk, who shall be the filing officer for the City of Orinda. Statements will be available for inspection and reproduction pursuant to Government Code section 81008.

3. Resolution No. 39-24 is repealed.

Item I.2
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Resolution No. 62-26

Page 2 of 4 ends

Adopted by the City Council of the City of Orinda at a regular meeting on August 18, 2026, by the following vote:

AYES:

ABSENT:
_____________________
Brandyn Iverson, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
Item I.2
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Resolution No. 62-26

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APPENDIX
DESIGNATED POSITIONS and DISCLOSURE CATEGORIES
I. DESIGNATED PERSONS
Each position set forth below is a designated person within the meaning of Section 2 of this Resolution0F

1. Disclosure categories, described in Section
II, apply as shown for each position.

1. Planning Director Cat. 1

2. Planner(Technician/Assistant/Associate/Senior Cat. 1

3. Principal Planner Cat. 1

4. Police Chief Cat. 1

5. Police Sergeant Cat. 1

6. Director of Public Works and Engineering Cat. 1

7. City Engineer Cat. 1

8. Public Works Inspector Cat. 1

9. Public Works Supervisor Cat. 4

10. City Engineer Cat. 1

11. Senior Civil Engineer Cat. 1

12. Engineer (Assistant/Associate) Cat. 3 and 4

13. Parks and Recreation Director Cat. 1

14. Assistant City Manager/Department Head Cat. 1

15. Recreation Supervisor II Recreation Manager Cat. 4

16. Facilities – Parks Supervisor Cat. 4

17. City Clerk Cat. 1

18. Senior Management Analyst Cat. 1

19. Management Analyst I/II Cat. 1

20. Administrative Services Director Cat. 1

21. Deputy City Attorney Cat. 1

22. Human Resources Manager Cat. 4

23. Senior Accountant Cat. 1

24. Accountant Cat. 1

25. Education and Outreach Coordinator Cat. 1

26. Assistant to the City Manager Cat. 1

27. Maintenance and Facilities Superintendent Cat. 1

28. Parks and Recreation Commission Cat. 3 and 4

29. Art in Public Places Committee Cat. 4

30. Finance Advisory Committee Cat. 1
1 The members of the City Council and Planning Commission, the City Manager, the City Attorney, and the Administrative Services Director/City Treasurer are not subject to the City’s conflict of interest code because they are subject to the disclosure requirements of the Political Reform Act under Government Code sections 87200 et seq.

Item I.2
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Resolution No. 62-26

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31. Historic Landmarks Committee Cat. 3

32. Supplemental Sales Tax Oversight Commission Cat. 3 and 4

33. Traffic Safety Advisory Committee Cat. 3

34. Consultants 1F
2 Cat. 1

35. Library Facility Steering Committee Cat. 4

36. Library Parcel Tax Review Committee Cat. 4
II. DISCLOSURE CATEGORIES
This list contains a general summary of the types of financial interests required to be disclosed by a person holding a designated position. For details, consult the statutes and regulations or the Fair Political Practices Commission at (866) 275-3772 (option 2) or the website www.fppc.ca.gov .

Category 1 – Full Disclosure.

All interests in real property located within the City of Orinda, as well as investments, business positions and sources of income, including gifts, loans and travel payments.

Category 2 – Full Disclosure (excluding interests in real property).

All investments, business positions and sources of income, including gifts, loans and travel payments.

Category 3: Interests in Real Property
All interests in real property located in the City of Orinda Category 4: Contracting Categories
All investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the person’s department or area of authority.
2 With respect to consultants, the City Manager may determine in writing that a particular consultant is required to comply with the disclosure requirements of the City’s Conflict of Interest Code. Such determination shall include a description of the consultant’s duties and, based on that description, a statement of the extent of disclosure required. The City Manager shall maintain a list of all consultants covered by the City’s Conflict of Interest Code as well as the disclosure categories applicable to those consultants.

Item I.2
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: August 18, 2026
SUBJECT:

Accept Work and Contract with Allied Construction Services for the Library Roof Replacement Project, CIP #4173
EXECUTIVE SUMMARY:

The City Council will consider adopting Resolution No. 61-26 to Accept Work and Contract with Allied Construction Services for the Library Roof Replacement Project (CIP #4173).

RECOMMENDATION:

Adopt Resolution No. 61-26 to Accept Work and Contract with Allied Construction Services for the Library Roof Replacement Project (CIP #4173).

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

On April 21, 2026, the City Council approved a construction contract with Allied Construction Services in the amount of $73,053 to renovate the roof covering by recoating the cap sheet with a new base coat and top coat of elastomeric material, and to reseal the deteriorated flashing joints.

DISCUSSION:

The work was substantially completed on June 24, 2026. No change orders were necessary. Staff managed the project, so there were no consultant charges for design or construction management.

Upon City Council approval, the City Engineer or Public Works Director will sign the Notice of Completion, and the City Clerk will record it with Contra Costa County Clerk-Recorder’s office.

Item I.3
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FISCAL IMPACT:

The final project cost is $73,053, within the budget allocated for CIP Project #4173 ($85,000). Funding for the project was from the Facility Improvement Surcharge (Fund 350) and Building Maintenance (Fund 603). Surplus funds will be returned to source funds.

STRATEGIC PLAN INITIATIVE:

N/A
ATTACHMENTS:

A. Resolution 61-26, Accept Allied Contract
B. Notice of Completion, Allied, 8-18-2026
Prepared by: Scott Christie
Respectfully Submitted by:

Scott Christie
Public Works Director
Approved by:

Linda Smith, City Manager
Item I.3
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RESOLUTION NO. 61-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

ACCEPTING THE WORK AND CONTRACT WITH ALLIED CONSTRUCTION

SERVICES FOR THE LIBRARY ROOF REPLACEMENT PROJECT,
CIP NO. 4173
WHEREAS, on April 21, 2026, the City Council approved a construction contract with Allied Construction Services in the amount of $73,053; and WHEREAS, the work consisted of renovating the roof covering by recoating the cap sheet with a new base coat and top coat of elastomeric material and resealing the deteriorated flashing joints.; and
WHEREAS, Allied Construction Services has completed the work in accordance with the contract documents for an amount of $73,053, and the Director of Public Works recommends acceptance of the Project as complete.

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

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on August 18, 2026, by the following vote:

AYES:

NOES:

Brandyn Iverson, Mayor
ATTEST:
___________________________
Sheri Marie Smith, City Clerk
Item I.3
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RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

City Clerk
City of Orinda
22 Orinda Way
Orinda, CA 94563

NO FEE DOCUMENT
(Government Code section 27383)
TITLE:

Notice of Completion for
Library Roof Replacement Project (CIP #4173).
(Contractor: Allied Construction Services)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:

Library Roof Replacement Project (CIP #4173)
Project location: Orinda Library, 26 Orinda Way, City of Orinda, Contra Costa County, California Property Owner: Interest in Property is owned by Friends of the Library (a non-profit organization, 26 Orinda Way, Orinda CA 94563)
The contract which has heretofore been let to Allied Construction Services, and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was actually completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 8/18/2026 Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.

CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Scott Christie, Public Works Director
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 8/18/2026. ______________________________
Sheri Smith, City Clerk
Item I.3
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: August 18, 2026
SUBJECT:

Accept Work and Contract with Musco Sports Lighting, LLC for the Wilder Fields Sports Lighting LED Retrofit Project, CIP No. 4195
EXECUTIVE SUMMARY:

Adopt Resolution No. 60-26 to Accept Work and Contract with Musco Sports Lighting, LLC.

BACKGROUND:

The City currently operates two sports fields (#1 and #2) at the Wilder Fields with stadium lighting. This lighting includes six poles with 84 fixtures to illuminate the fields for nighttime use. The metal halide lighting was energy intensive, and CIP Project #4195 was established and funded to allow retrofit to energy efficient LED (light emitting diode) lamps.

On November 3, 2025, the City Council approved a construction contract with Musco in the amount of $297,345 to replace the light fixtures (and related conversion equipment).

After more detailed analysis of the needs, Musco provided a revised proposal for an amount of $273,294, and a contract was executed for this amount.

DISCUSSION:

The work was substantially completed in the field on April 30, 2026. No change orders were necessary. Staff managed the project, so there were no consultant charges for design or construction management.

The reduced energy usage is expected to provide an approximate seven-year payout period and yield an internal rate of return of 10% (based on a conservative 10-year project life).

Item I.4
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Upon City Council approval, the City Engineer or Public Works Director will sign the Notice of Completion, and the City Clerk will record it with Contra Costa County Clerk-Recorder’s office.

FISCAL IMPACT:

CIP No. 4195 has adequate remaining budget to cover the close out and final contract value. Funding is provided by Field Maintenance Surcharge (Fund 341) and Park Dedication Fees (Fund 240). Final project cost is $273,294.

STRATEGIC PLAN INITIATIVE:

NA
ATTACHMENTS:

A. Resolution 60-26 to Accept Work and Contract with Musco Sports Lighting, LLC.

B. Notice of Completion, Musco, 8-18-2026
Prepared by: Scott Christie
Respectfully Submitted by:

Scott Christie
Public Works Director
Approved By:

Linda Smith, City Manager
Item I.4
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RESOLUTION NO. 60-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

ACCEPTING THE WORK AND CONTRACT WITH MUSCO SPORTS LIGHTING,

LLC FOR THE WILDER FIELDS SPORT LIGHTING LED RETROFIT PROJECT, CIP NO. 4195
WHEREAS, on November 3, 2025, the City Council approved a construction contract to Musco Sports Lighting, LLC (Musco) in the amount of $297,345; and WHEREAS, the work consisted of retrofitting existing field lighting on Wilder Fields #1 and #2 with LED fixtures, and after more detailed analysis of the needs, Musco provided a revised proposal for an amount of $273,294; and WHEREAS, Musco has completed the work in accordance with the contract documents for an amount of $273,294, and the Director of Public Works recommends acceptance of the Project as complete.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda hereby accepts work and contract with Musco Sports Lighting, LLC for the Wilder Fields Sports Lighting LED Retrofit Project, CIP No.4195, under the terms and conditions of the above-referenced construction contract documents.

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on August 18, 2026, by the following vote:

AYES:

NOES:

Brandyn Iverson, Mayor
ATTEST:
___________________________
Sheri Marie Smith, City Clerk
Item I.4
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RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

City Clerk
City of Orinda
22 Orinda Way
Orinda, CA 94563

NO FEE DOCUMENT
(Government Code section 27383)
TITLE:

Notice of Completion for
Wilder Fields Sports Lighting LED Retrofit Project, CIP No. 4195 (Contractor: Musco Sports Lighting, LLC)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:

Wilder Fields Sports Lighting LED Retrofit Project, CIP No. 4195 Project location: Wilder Sports Field, 1 Orinda Fields Ln., City of Orinda, Contra Costa County, California
Property Owner: Interest in Property is owned by City of Orinda (a municipal corporation, 22 Orinda Way, Orinda CA 94563)
The contract which has heretofore been let to Musco Sports Lighting, LLC, and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was actually completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 8/18/2026 Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.

CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: August 18, 2026
SUBJECT:

Adopt Ordinance No. 20-07 – Pilot Facade Improvement Program Streamlining EXECUTIVE SUMMARY:

RECOMMENDATION:

Waive the full reading and adopt Ordinance 26-07 Amending Title 17 of the Orinda Municipal Code (Zoning) to Amend Chapters 17.8.5 (I-Downtown Commercial District),

17.18.5 (Exempt Signs), 17.21.3 (Permit Required for Removal or Destruction of a Protected Tree), and 17.30.3 (Design Review Requirement), for the Purposes of Streamlining Permit Requirements for Approved Façade Improvement Program Projects.

BACKGROUND:

At the City Council Meeting of July 21, 2026, the City Council introduced Ordinance 26- 07, an ordinance amending Title 17 of the Orinda Municipal Code (Zoning) to Amend Chapters 17.8.5 (I-Downtown Commercial District), 17.18.5 (Exempt Signs), 17.21.3 (Permit Required for Removal or Destruction of a Protected Tree), and 17.30.3 (Design Review Requirement), for the Purposes of Streamlining Permit Requirements for Approved Façade Improvement Program Projects.

DISCUSSION:

Ordinance 26-07 was introduced at that meeting without changes and is on this agenda to consider its adoption.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

Not Applicable.

Item I.5
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ATTACHMENTS:

A. Ordinance 26-07
WEBLINK:

A. Staff Report from City Council Meeting of July 21, 2026 Respectfully Submitted by,
Sheri Smith, City Clerk
Approved By:

Linda Smith, City Manager
Item I.5
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of: Ordinance No. 26-07
An Ordinance Amending Title 17 of the Orinda
Municipal Code (Zoning) to Amend Chapters

17.8.5 (I-Downtown Commercial District), 17.18.5
(Exempt Signs), 17.21.3 (Permit Required for
Removal or Destruction of a Protected Tree), and

17.30.3 (Design Review Requirement), for the
Purposes of Streamlining Permit Requirements for
Approved Façade Improvement Program Projects.

The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to amend Title 17 of the Orinda Municipal Code (Zoning) to amend chapters 17.8.5 (I-Downtown Commercial District), 17.18.5 (Exempt Signs), 17.21.3 (Permit Required for Removal or Destruction of a Protected Tree), and 17.30.3 (Design Review Requirement), for the purposes of streamlining permit requirements for approved façade improvement program projects.

SECTION 2.

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

SECTION 3.

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 4.

The City Council finds this ordinance is not subject to the California Environmental Quality Act Municipal Code Provision Action as shown in Attachment A §17.8.5 Text Amended
§17.18.5 Text Amended
§17.21.3 Text Amended
§17.30.3 Text Amended
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(“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 5.

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

SECTION 6.

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

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Attachment A: OMC Title 17 Amendments
Attachment A

1. Municipal Code Sections §17.8.5, §17.18.5, §17.21.3, and §17.30.3 are amended as follows:

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17.8.5 ( I) - Downtown Commercial District—Use restrictions.

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

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

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viii. The outdoor dining area shall be maintained in a clean and safe condition at all times.
ix. All Americans with Disabilities Act (ADA) requirements shall be met.

17.18.5 - Exempt signs.

A. A sign is exempt from the provisions of this Chapter if it is not visible from a street, other public place, or an adjacent property. Exempt signs include, but are not limited to, signs placed inside a structure or building that are not visible or legible through windows or building openings.

B. Any sign erected and maintained by the City on public property or within the public right-of-way for the purpose of directing, managing or regulating traffic are exempt from the provisions of this Chapter. Such signs include, but are not limited to, street signs, traffic signals, traffic safety signs, speed limit signs, city entry/welcome signs, neighborhood identification signs, and directional signs.

C. Any sign approved as part of a Façade Improvement Program Project is exempt from the requirements associated with obtaining a sign permit. Approved Façade Improvement Program Project means a project that has received written approval from the City under the City's Facade Improvement Program and remains in good standing with all program requirements and conditions.

17.21.3 - Permit required for removal or destruction of a protected tree.

A. When Required. No person may remove or destroy a protected tree without a Category I or Category II permit as provided in Sections 17.21.4 and 17.21.5.

B. Exceptions. A permit is not required in the following circumstances if documentation or direct communication with the Planning Department is provided by the appropriate authority identifying the reason for removal and location of trees to be removed:

1. When a hazardous or dangerous condition requires immediate action to protect life or property;

2. Under emergency conditions when ordered by a fire official, the Public Works Director, Parks and Recreation Director or City Manager;

3. For a city project on city property or for a city project within the public rightof-way;

4. To maintain an unobstructed flow of water for flood control safety in creek beds and waterways as determined by the City Engineer;

5. When required by the Moraga-Orinda Fire District for Fire Code compliance;

6. When alteration, removal, or destruction of a protected tree is required for compliance with any local, federal, or state law; and

7. When alteration, removal, or destruction of a protected tree is required at a specified property to retain or obtain insurance coverage.

8. When alteration, removal, or destruction of a protected tree is part of an Item I.5
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approved Façade Improvement Project. Approved Façade Improvement Program Project means a project that has received written approval from the City under the City's Facade Improvement Program and remains in good standing with all program requirements and conditions The applicability of an exception under this section in no way exempts activity from other regulatory requirements (e.g., City encroachment permit requirement) addressing slope stability, water quality, and other issues; nor does it exempt activity from property instrument restrictions (e.g., the terms of conservation and open space easements).
.

17.30.3 - Design review requirement.

To the extent permitted under state law, design review approval prior to issuance of a building permit is required for a project which meets any one or more of the following descriptions:

A. Single-Family Residential Projects.

1. A new single-family home that is not a renovation;

2. An addition which exceeds one thousand (1,000) square feet;

3. An addition which creates a second story above an existing single story residence and an addition of a second story under an existing single story residence if the City receives a request for design review where one does not presently exist;

4. An addition over one hundred ninety-nine (199) square feet in size which:
a. Is proposed on a small or narrow lot as defined in Section 17.30.8 of this chapter; or
b. Will result in a residence with a total floor area exceeding seven thousand (7,000) square feet, as provided in Section 17.30.6 of this chapter.

5. An addition over five hundred (500) square feet of floor area and over eighteen (18) feet in height located partially or entirely in the ridgeline or environmental preservation overlay district, except as provided in Section

17.5.6 of this chapter;

6. An addition that results in a home that is larger than the maximum permissible floor area without design review under Chapter 17.6;

7. A renovation which includes changes in doors or windows, or both, and an affected neighbor requests design review in accordance with Subsection

17.42.1.B. of this title. All other renovations are exempt from design review so long as proof is made according to Planning Department requirements that the project meets the definition of a renovation;
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8. An addition, including one under two hundred (200) square feet, will be subject to design review if an approval for either a new residence or for an exterior addition has been granted for the property within the past five years from the time of the subject application and design review would have been required under this section for the multiple projects combined and deemed to be a single project;

9. An addition of newly created habitable space in an attic or basement which is fully contained within the building envelope of any conforming or legally nonconforming single-family residential structure, as determined by the Zoning Administrator and an affected neighbor requests design review under Subsection 17.42.1.B. of this title.

B. Other Projects. Design review approval is required prior to the following types of development:

1. A new nonresidential building in the DC, DCOR, DG, DO, PS, PR, OS, PD, and SP districts.

2. An exterior change of any nonresidential building in any district, except for repair work and, minor alterations as determined by the reasonable discretion of the Zoning Administrator, and approved Façade Improvement Program Projects. Approved Facade Improvement Program Project means a project that has received written approval from the City under the City's Façade Improvement Program and remains in good standing with all program requirements and conditions. Changes that affect the exterior of a nonresidential building shall include proposed changes to signs and commercial brand identification materials, including but not limited to exterior color changes.

3. A new, multifamily residential building in the RM, RH, DC, PD, and SP districts.
2088742.1
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: August 18, 2026
SUBJECT:

Ordinance 26-08 Municipal Code Cleanup to Confirm First Amendment Compliance EXECUTIVE SUMMARY:

The City Council will consider a proposed ordinance to the Orinda Municipal Code to confirm consistency with current First Amendment jurisprudence while preserving the City's ability to protect public safety and maintain accessible public rights-of-way. The ordinance deletes outdated provisions related to sidewalk vending and replaces one existing regulation with a content-neutral standard governing sidewalk obstruction.

Collectively, the amendments increase transparency, modernize the Municipal Code, and retain objective regulations necessary to protect pedestrian access and Americans with Disabilities Act (ADA) compliance.

RECOMMENDATION:

BACKGROUND:

Cities periodically review their municipal codes to identify outdated provisions and suggest appropriate cleanup. While many of these provisions have remained in the Municipal Code since the time of incorporation, several are duplicative of state law, touch on constitutionally protected speech, and/or contain standards that could be considered overly broad or content based.

DISCUSSION:

The proposed ordinance makes three primary changes.

Delete Chapter 9.08
Chapter 9.08 contains provisions relating to offenses against public peace and decency, including restrictions on labor picketing, intimidation, and other conduct. Many of these provisions were adopted decades ago and either duplicate existing state law or regulate speech in ways that may raise First Amendment questions. The ordinance therefore deletes the chapter in its entirety.

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Delete Section 12.16.050
Section 12.16.050 currently prohibits remaining in a public place when one's presence interferes with an adjacent business after being asked to leave. Because this provision depends largely on the content or perceived effect of expressive activity occurring in a public forum, the City Attorney recommends deleting the section.

Amend Section 12.08.350
The ordinance adds a content-neutral definition of "encroach" within the City's Encroachment Ordinance to clarify that occupying a sidewalk in a manner that leaves less than four feet, or one-half of the sidewalk width (whichever is greater), available for pedestrian travel constitutes an encroachment.

Unlike the provisions proposed for deletion, this amendment regulates only the physical use of the public right-of-way and applies equally regardless of the purpose of the activity occurring on the sidewalk. The amendment helps preserve ADA accessibility and pedestrian safety while remaining consistent with constitutional requirements.

Conclusion
Overall, the proposed amendments remove outdated and little-used provisions from the code while retaining the City's ability to regulate the use of public rights-of-way through objective, content-neutral standards.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:

A. Ordinance No. 26-08 First Amendment Compliance
Respectfully Submitted by,
Cole Haselip, Assistant to the City Manager
Approved By:

Linda Smith, City Manager
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of: Ordinance 26-08
An Ordinance Deleting Chapter 9.08 and
Amending Chapters 12.08 and 12.16 of the
Orinda Municipal Code for First Amendment
Alignment.

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 delete in its entirety Chapter 9.08 (Offenses Against Public Peace and Decency) and amend Chapters

12.08 (Encroachments) and 12.16 (Nonvehicular Prohibitions in Rights-of-Way) of the Orinda Municipal Code to maintain the integrity of the public safety provisions addressed herein while ensuring their alignment with the First Amendment.

SECTION 2.

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

SECTION 3.

SECTION 4.

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) Municipal Code Provision Action
Chapter 9.08 Delete Chapter
§12.08.350 Amend Section as shown in Attachment A
§12.16.050 Delete Section
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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 5.

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

SECTION 6.

The foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on August 18, 2026 and was adopted and ordered published at a regular meeting held on September 1, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________
Brandyn Iverson, Mayor
ATTEST:
__________________________
Sheri Marie Smith, City Clerk
Attachment A: OMC Titles 9 & 12 Text Amendments and Deletions Item I.6
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Attachment A

1. Municipal Code Chapter 9.08 is deleted as follows:

Chapter 9.08 - OFFENSES AGAINST PUBLIC PEACE AND DECENCY

9.08.010 - Visiting gambling premises where violations occur.

No person shall remain in any place whether public, private, open or closed, where violations of any of the gaming prohibitions in Chapters 9, 10 and 10.5 of Title 9 of Part 1 of the California Penal Code (Sections 319 ff, 330 ff and 337.1 ff) or in Chapters 52-2, 52- 3 and 52-4 are occurring, with knowledge thereof.

9.08.020 – Misdemeanors while intoxicated.

No person shall commit any of the following acts while under the influence of intoxicating liquor, or any drug, or the combined influence of intoxicating liquor and any drug:

A. Enter a building or upon any private lands, owned by any other person without the consent of the owner or his or her agent or the person in lawful possession thereof; or
B. Enter a building or upon any private lands, owned by any other person, to the annoyance of any person; or
C. Enter any portion of public lands or buildings or any portion of lands or buildings open to the public, which portion is not open to the general public, to the annoyance of any person; or
D. Be in, on or about a motor vehicle upon any private lands or buildings

9.08.030 – Labor disputes-Obstruction of public ways.

No person shall loiter, stand or sit in or on any public highway, alley, sidewalk or crosswalk so as to hinder or obstruct in any manner the free passage of persons or vehicles or to annoy or molest passing persons.

9.08.040 – Intimidation during picketing prohibited.

No person shall picket premises where any person is employed or seeking employment, or any place or approach thereto where an employee or person seeking employment lodges or resides, for the purpose of inducing the employee or person seeking employment, by means of compulsion, coercion, intimidation, threats, acts of violence, or fear, to quit his or her employment or to refrain from seeking or freely entering employment.

9.08.050 – Intimidation during assembly prohibited.

No person in association or agreement with one or more other persons shall assemble, congregate or meet together in the vicinity of any premises where other persons are employed or seek employment, or on the adjacent streets for the purpose of inducing the employees or persons seeking employment, by means of compulsion, coercion, intimidation, threats, acts of violence, or fear to quit their employment or to refrain from seeking or freely entering into contracts of employment.

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9.08.060 – Opprobrious language prohibited.

No person shall utter to, or within the hearing of, another any derogatory, indecent, opprobrious language or epithets, make any loud or unusual noise or tone, cry out or proclaim, or use any gestures for the purpose of inducing any person by means of compulsion, coercion, intimidation, threats, acts of violence, or fear to quit his employment or to refrain from seeking or freely entering into employment.

9.08.070 – Peaceable picketing.

Nothing contained in this chapter shall be deemed to prohibit peaceable picketing nor to prohibit labor from attempting to accomplish its aims in trade disputes by other peaceable means, including collective bargaining.

2. Municipal Code section 12.16.050 is deleted as follows:

12.16.050 – Acts interfering with adjacent business.

It is unlawful for any person to remain on a public street, sidewalk or other public place or place open to the public (inside or outside a public right-of-way), when his or her presence or acts unreasonably interfere with the peaceful conduct of a lawful business or occupation on adjacent property by annoying or disturbing its personnel or customers, after having been asked to leave by the owner, agent or person in lawful possession of such business.

3. Municipal Code section 12.08.350 is amended as follows:

12.08.350 - Definitions.

In this chapter unless the context otherwise requires:
“Permit officer” means and includes the Director of Public Works, the Planning Director, and a designated representative of either of them.
“Encroach” includes going on, over or under, or using a right-of-way so as to prevent, obstruct or interfere with the use of that way, including but not limited to the following:

1. Excavating or disturbing the right-of-way;

2. Erecting or maintaining a post, sign, pole, fence, pillar, column, pier, retaining wall, bridge, abutment or the like, on, over, or under the right-of-way;

3. Planting or maintaining a tree, shrub, grass or other growing thing within the right-of-way;

4. Placing or leaving a refuse container, rubbish, brush, earth or other material on the right-of-way;

5. Constructing, placing or maintaining on, over, under or within the right-of-way a pathway, sidewalk, driveway, or other surfacing, a culvert or other surface drainage or subsurface drainage facility, or pipe, conduit, cable or other fixture; Item I.6
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6. Constructing, placing, planting or maintaining a structure, embankment, excavation, tree or other object adjacent to the right-of-way which causes or will cause an encroachment;

7. Traveling on the right-of-way by a vehicle or object of dimension, weight or other characteristic prohibited by law without a permit;

8. Lighting or building a fire within the right-of-way.

9. Occupying a sidewalk in such a way that less than four (4) feet, or one-half of the total sidewalk width (whichever is greater), is available for free passage by other persons.
“Permanent” means lasting or intended to last six months or more. “Permittee” means a person who holds a permit for an encroachment. “Person” means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, public entity and other entity. “Right-of-way” means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to or open to the use by the general public for road purposes.
“Street” means the full width of the surfaced or traveled portion, including shoulders, of an alley, lane, path, road, street or dedicated to, reserved for, or open to use by or for the general public, or accepted and declared to be part of the city system of streets.

4. Municipal Code section 12.08.320 is amended as follows:

12.28.320 - Violation an infraction or misdemeanor.

A. A person who, without a permit, uses a facility for which a permit is required and continues to use it after being ordered to vacate the facility or who violates any regulation contained in this chapter is guilty of an infraction, unless the violation is made a misdemeanor.

B. A person who violates section 12. 28.210 is guilty of a misdemeanor and is punishable as provided in Sections 12700 through 12702 of the Health and Safety Code.

C. A person who violates Section 1.28.220 is guilty of a misdemeanor and is punishable as provided in Section 1.20.030.
2048911.5
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: August 18, 2026
SUBJECT:

Ordinance 26-09 - Development of Sidewalk Vendors Regulations EXECUTIVE SUMMARY:

The City Council will consider introducing Ordinance 26-09, establishing a comprehensive regulatory framework for sidewalk vending consistent with state law. The ordinance would require vendors to obtain a City permit and establishes objective standards for where and how vending may occur, with an emphasis on safety, accessibility, and compatibility with surrounding uses.

RECOMMENDATION:

Waive the full reading and introduce Ordinance No. 26-09, amending Title 5 of the Orinda Municipal Code (Business Licenses and Regulations) to enact Chapter 5.34 (Sidewalk Vending) and amend Chapters 5.03 (Business Registration), 5.32 (Peddlers and Solicitors), 12.08 (Encroachments), 12.20 (Roadside Selling), and 12.28 (Parks), and delete Chapter 8.08 (Public Health Licenses and Fees) for consistency with state sidewalk vending law.

BACKGROUND:

In 2018, the State enacted SB 946, the Safe Sidewalk Vending Act, which prohibits local governments from banning sidewalk vendors in the public right-of-way or public parks and establishes parameters for allowable local regulation. Since its adoption, many California cities have enacted ordinances to regulate sidewalk vending within these constraints. In 2025, the State enacted additional privacy protections for sidewalk vendors (SB635, Street Vendor Business Protection Act).

The City of Orinda does not currently have a regulatory framework specific to sidewalk vendors. Under existing code, sidewalk vendors, like all businesses, are required to obtain a business registration and are generally prohibited from operating in the public right-of-way or in public parks without a permit. However, following the enactment of SB 946, several provisions of the municipal code are now unenforceable, limiting the City’s ability to effectively manage this activity.

Staff proposes a legally sound framework for regulating sidewalk vendors moving forward.

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DISCUSSION:

This section begins with an overview of the restrictions imposed by SB 946, followed by a discussion of how to address inconsistent provisions in the existing municipal code, and concludes with a proposed ordinance to govern sidewalk vending by ordinance moving forward.

The Scope of SB 946
SB 946 significantly limits how cities can regulate sidewalk vendors. While cities may regulate traditional vehicle-based vending, this law prohibits local governments from banning or heavily restricting sidewalk vendors except under specific conditions.

Cities may only regulate sidewalk vending to impose rules that are directly related to objective health, safety, or welfare concerns. The law allows cities to regulate the time, place, and manner of vending, but it prohibits rules that:
• Force vendors to operate only in certain designated areas absent a clear health, safety, or welfare justification; or
• Restrict vending in the public right-of-way absent a clear health, safety, or welfare justification.

Cities may prohibit sidewalk vending in limited situations, including:
• Near certified farmers’ markets or swap meets while they are operating; and • Near permitted special events (e.g., street closures).

Enforcement is limited to administrative fines only (not criminal penalties), and fines must account for a vendor’s ability to pay.

SB 635 (2025) includes additional privacy protections for sidewalk vendors, including protections for vendors’ personally identifiable information.

Overall, the State law shifts sidewalk vending toward a permitted and regulated activity, rather than one that cities have discretion to prohibit, and requires that any local regulation be narrowly tied to legitimate public health and safety concerns.

Updating Sections of the Orinda Municipal Code
The following sections of the Orinda Municipal Code conflict with the requirements of SB 946:

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• Title 5.03 (Business Registration): Provides for penalties for businesses that fail to complete the business registration process. SB 946 prohibits fines, fees, assessments, or any other financial conditions beyond administrative fines established by State law.
• Title 5.32 (Peddlers and Solicitors): Establishes permitting requirements that could be construed to apply to sidewalk vendors. These requirements are likely overly burdensome and therefore inconsistent with SB 946. Additionally, violations may be enforced criminally, which is prohibited for sidewalk vendors under state law. • Title 8.08 (Public Health Licenses and Fees): Requires certain businesses, including sidewalk vendors, to obtain a public health license from the City. The County is responsible for issuing public health licenses, not the City. Thus, the entire Title 8.08 is outdated, including as it relates to sidewalk vendors. • Title 12.08 (Encroachments): Requires approval from the Director of Public Works for temporary encroachments to the public right-of-way. As applied to sidewalk vendors, this permitting process may be considered burdensome and inconsistent with SB 946. Violations may also be enforced beyond what SB 946 permits. • Title 12.20 (Roadside Selling): Prohibits selling from a structure placed within a public right-of-way. Could be construed to prohibit sidewalk vending, in violation of SB 946.
• Title 12.28 (Parks): Requires approval from the Parks and Recreation Director for certain park-related activities. As applied to sidewalk vendors, this permitting process may be considered burdensome and inconsistent with SB 946. Violations may be enforced beyond what SB 946 permits.

Staff propose addressing these issues by amending or deleting the inconsistent provisions.

Regulating Sidewalk Vendors
The proposed framework establishes a comprehensive, SB 946-compliant ordinance for regulating sidewalk vending in the City of Orinda, with an emphasis on protecting public health, safety, and accessibility.

Under the ordinance, all sidewalk vendors would be required to obtain a City-issued permit, initiated through the existing business registration process. Permits would be valid for one year; a certification displaying permit information must be displayed while operating, and a permit would not confer any exclusive right to a particular location. Permit fees would be established by the City Council through the Master Fee Schedule, with staff recommending an initial fee of $45 and a renewal fee of $25 to help offset administrative costs. The ordinance also includes a limited exemption for minors with minimal sales activity (lemonade stand exemption).

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Consistent with state law, the ordinance establishes objective, health- and safety-based regulations governing where sidewalk vending may occur. These include requirements to maintain adequate pedestrian clearance, avoid conflicts with traffic and parking access, and provide buffers from intersections, driveways, transit stops, and other sensitive areas.

Additional restrictions are included near schools, outdoor dining areas, and other sidewalk vendors, and vending is prohibited on medians, recreational trails, and on the City Hall, Community Center, Crossroads and Library Plazas. The ordinance also allows for limitations on vending in proximity to certified farmers’ markets and permitted special events and prohibits stationary vendors in areas zoned exclusively for residential use.

The ordinance includes specific provisions governing vending in City parks. Vending would be prohibited in parks where the City has entered into exclusive concession agreements and otherwise limited to paved pathways to protect natural resources and recreational uses.

Operational standards are established to ensure safe and orderly vending activities.

These include restrictions on the size and placement of vending equipment, prohibitions on hazardous materials such as propane, requirements for trash containment and site cleanup, and limits on signage and unattended equipment. The ordinance also establishes allowable hours of operation based on zoning, requires compliance with all applicable federal, state, and local laws, and establishes an enforcement schedule consistent with SB 946, relying exclusively on administrative fines rather than criminal penalties. Fines are tiered based on the nature of the violation, with higher penalties for operating without a permit, and include an ability-to-pay provision. Repeated violations may result in permit revocation.

Lastly, the ordinance makes a “cleanup” deletion of references in section 12.28.320 that reference non-existent or non-applicable sections of the code related to misdemeanor punishments.

FISCAL IMPACT:

Staff anticipate collecting a sidewalk vendor permits fee to offset the cost of administering the program.

STRATEGIC PLAN INITIATIVE:

N/A
ATTACHMENTS:

A. Ordinance No. 26-09
WEBLINK(S):

SB-946 Sidewalk Vendors
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Respectfully Submitted by,
Cole Haselip, Assistant to the City Manager
Approved By:

Linda Smith, City Manager
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of: Ordinance 26-09
An Ordinance Amending Title 5 of the Orinda
Municipal Code (Business Licenses and
Regulations) to Enact Chapter 5.34 (Sidewalk
Vending) and Amend Chapters 5.03
(Business Registration), 5.32 (Peddlers and
Solicitors), 12.08 (Encroachments), 12.20
(Roadside Selling), and 12.28 (Parks), and
Delete Chapter 8.08 (Public Health Licenses
and Fees) for Consistency with State
Sidewalk Vending 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 enact Chapter 5.34 (Sidewalk Vending), amend Chapters 5.03 (Business Registration), 5.32 (Peddlers and Solicitors), 12.08 (Encroachments), 12.20 (Roadside Selling), and 12.28 (Parks), and delete in its entirety Chapter 8.08 (Public Health Licenses and Fees). These changes are intended to make the City’s Municipal Code consistent with State law and set forth time, place, and manner restrictions on sidewalk vending directly related to objective health, safety, or welfare concerns. The changes include the adoption of Chapter 5.34. Additionally, this ordinance amends 5.03, 5.32, 12.08, 12.20, and 12.28, and deletes in its entirety Chapter 8.08 for consistency with the new sidewalk vending requirements.

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SECTION 2.

The following portions of the Municipal Code are amended, added, and deleted as specified below and in Attachment A. Attachment A shows additions with doubleunderlined text and deletions with strike-out text.

SECTION 3.

SECTION 4.

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 5.

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

Municipal Code Provision Action as shown in Attachment A Chapter 5.34 Enact Chapter
§5.03.080 Text Amended
§5.32.030 Text Amended
Chapter 8.08 Delete Chapter
§12.08.020 Text Amended
§12.20.040 Text Amended
§12.28.090 Text Amended
§12.28.320 Text Amended
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SECTION 6.

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 August 18, 2026 and was adopted and ordered published at a regular meeting held on September 1, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Attachment A: OMC Titles 5, 8, and 12 Text Deletions and Amendments Item I.7
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Attachment A

1. Municipal Code Chapter 5.34 is enacted as follows:

Chapter 5.34 - SIDEWALK VENDORS

5.34.010 - Purpose and Intent.

The purpose of this chapter is to establish regulations for sidewalk vendors and directly address health, safety and welfare concerns that arise from the use of public sidewalks and parks for vending. These concerns include preservation of sidewalk access in a manner consistent with the Americans with Disabilities Act; safety for pedestrians, cyclists and motorists; and health and sanitary conditions. The City Council finds that the regulations contained in this Chapter are based on objective standards necessary to address these concerns present in the City of Orinda.

5.34.020 - Definitions.

The following words, terms and phrases, when used in this Chapter, shall have the following meanings, except where the context clearly indicates a different meaning:

A. “Certified Farmers Market” means a farmers market operating in accord with California Food and Agricultural Code 47004 et seq. in a location approved by the City of Orinda.

B. “City park” means all public park and recreation facilities listed in the City of Orinda’s planning documents.

C. “Concessionaire” means the holder of an exclusive agreement with the City for the sale of food or merchandise in a City-owned park.

D. “Fee facility” means a City building, structure, or park facility or portion thereof which is rented for a fee by the City and reserved for the exclusive use of an individual or group.

E. “Recreational trails” mean publicly owned and maintained trails used exclusively by pedestrians, cyclists or equestrians.

F. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

G. “Sidewalk” means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

H. “Sidewalk vending receptacle” or “sidewalk vendor receptacle” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending activities.

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I. “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

J. “Special event” means a temporary event sponsored or approved by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, festivals, holiday celebrations, art fairs or athletic events.

K. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

5.34.030 - Sidewalk Vending Permit Required.

A. It shall be unlawful for any person to operate as a sidewalk vendor in the City without first obtaining a sidewalk vending permit. The sidewalk vending permit shall be included as part of the City business registration otherwise required by this Code.

B. To facilitate the enforcement of this chapter, all sidewalk vendors must display a City-issued certificate for sidewalk vending and other applicable health and safety permits on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance when operating in the public right-of-way.

C. Any person doing business who is a minor under the age of eighteen (18) years and whose gross receipts do not exceed one thousand dollars ($1,000) per calendar year shall be exempt from the requirements of this chapter.

D. A sidewalk vending permit is not transferable or assignable from one vendor to another without official City approval.

E. A sidewalk vending permit is not an exclusive right to operate in the right of way or any particular location in the City.

5.34.040 - Permit Application Procedure.

A. A person who is required to obtain a sidewalk vending permit pursuant to this Chapter shall submit an application signed by the person with authority to act on behalf of the applicant. All applications shall be submitted on a form supplied by the City and shall include the permit processing fee established by the City Council as part of the City’s Master Fee Schedule. The application shall contain the following information:

1. The name, address and telephone number of the business owner and manager and any individuals who will be employed as sidewalk vendors under the permit;
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2. Individual identification information for the permittee. Acceptable identification includes, but is not limited to, a driver’s license number, California identification card number, an individual taxpayer identification number, or similar identification. The identification number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed by the City except as required to administer the permit or licensure program or comply with a state law or state or federal court order;

3. A description of the food and/ or merchandise to be sold; a description of the areas in which the sidewalk vendor intends to operate; information regarding the dimensions of the vending cart; and whether the individual vendors will be roaming or stationary;

4. The permittee’s valid California seller’s permit number, if applicable, and a current City business registration

5. If the vendor is selling food of any kind, proof of a current Mobile Food Facility permit issued by the Contra Costa County Health Services Department; and

6. An agreement to indemnify the City, its officers and employees, from any liability arising from use of the permit on City property and proof of liability insurance, in an amount determined by the City’s Risk Manager.

B. A sidewalk vending permit shall be good for one (1) calendar year.

5.34.050 - Permit Revocation.

A. A validly issued sidewalk vending permit may be revoked for any of the following reasons:

1. The permittee provided false information on their application;

2. The permittee has violated this Chapter four (4) or more times; or

3. The permittee has conducted their business in a matter which endangers public health or safety.

B. Revocation of a sidewalk vending permit shall be served in writing no less than ten (14) days before the effective date of the revocation to the address listed on the initial application or to any subsequent address provided to the City by the permittee. Any applicant whose application for a sidewalk vendor permit is denied or whose permit is revoked may appeal such decision to the City Manager or designee by filing a written notice of appeal within ten (10) calendar days after receipt of the notice of denial or revocation. Revocation shall be delayed until the City Manager or designee has the opportunity to review and render a decision on the appeal. The decision made by the City Manager or designee shall be final.

5.34.060 - Prohibited Locations for Sidewalk Vending.

A. In order to protect pedestrian and vehicular safety and accommodate public street access, including parking and traffic, sidewalk vending shall be prohibited in the following locations:

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1. On any sidewalk where the vendor does not maintain at least four (4) feet, or one-half of the total sidewalk width (whichever is greater), of unobstructed pedestrian clearance.

2. On any sidewalk where there are no legal parking spaces within two hundred (200) feet.

3. Within twenty-five (25) feet of any crosswalk or intersection.

4. In any area that blocks or obstructs visibility of traffic signals or regulatory signs.

5. In any driveway or parking lot access.

6. In any area or public property that is not open to the public for sidewalk or pedestrian path purposes.

7. Within twenty-five (25) feet of any fire hydrant, fire call box, or utility cabinets or equipment.

8. Within fifty (50) feet of driveway entrance or exit to the City’s Police Department offices or any fire station.

9. Within fifty (50) feet of any area, structure or facility on which construction is occurring pursuant to a valid building or encroachment permit.

10.Within ten (10) feet of a litter receptacle, public art installation or bike rack.

11.Within fifty (50) feet of a bus turnout, bus bench or shelter.

12.Within ten (10) feet from the entrance or exit doorway to any building or an automated teller machine.

13.Within five hundred (500) feet of any public or private school grounds prior to 4:00 p.m. on any day when the school is in session.

14.Within fifty (50) feet of another sidewalk vendor.

15.On any median strip or landscaped area.

16.On any recreational trail within the City.

17. On the plazas outside of the Orinda Library, Community Center, and City Hall, as well as at the Crossroads Plaza

18.Within two hundred (200) feet of the perimeter of any Certified Farmers’ Market or Special Event, during the hours when any such event is permitted.

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19.Stationary sidewalk vendors may not operate within any area zoned exclusively residential.

20.Immediately adjoining a bike lane when there is no other legal parking within two hundred (200) feet.

21.On any portion of a sidewalk which has a painted curb for parking regulation purposes, including those designated as a loading zone or within a bus zone.

B. The distance and location requirements under this section shall be measured from the edge of any vendor’s equipment, or the end of any customer lines that may form at the location where the vendor is doing business, whichever results in the largest buffer diameter.

5.34.070 - Sidewalk Vending in Parks.

Sidewalk vending in City parks is subject to the following additional requirements:

A. A stationary sidewalk vendor is prohibited from operating in a City park if the City has entered into an exclusive agreement for the sale of food or merchandise by one (1) or more concessionaires for that park.

B. A sidewalk vendor is prohibited from operating at a fee facility in a City park when the fee facility is reserved.

C. Except as provided in subsections (A) and (B) above, vending within City parks is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass, parking lots, or on any space which would obstruct, damage, or otherwise adversely affect the public's use and enjoyment of natural resources and recreational opportunities or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. In addition, vending within City parks shall not be allowed where it would reduce sidewalk access below ADA minimums; within ten (10) feet of a public art installation, public information kiosk or fountain.

5.34.080 - Operating Conditions.

All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:

A. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property.

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B. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended for any reason.

C. Sidewalk vending receptacles shall not be stored on public property and shall be removed from City property when not in active use by a sidewalk vendor.

D. Sidewalk vending receptacles and any attachments thereto shall not exceed a total height of four (4) feet, a total width of three (3) feet, and a total length of four (4) feet.

E. Sidewalk vendors shall not use any electrical, flashing, or animated signs. Any sign shall not exceed three (3) square feet and shall be attached flush to the sidewalk vending receptacle.

F. No sidewalk vending receptacle shall contain or use propane, natural gas, or other explosive or hazardous materials.

G. If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities.

H. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans.

Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.

I. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that is discharged on public property.

Failure to comply will result in the City taking appropriate action to clean the discharge at the vendor's expense and suspending the sidewalk vendors permit until such time as the expense associated with cleanup has been reimbursed to the City.

J. Sidewalk vendors shall not erect freestanding appurtenances adjacent to the vendor's person, cart, wagon, rack, or other conveyance for vending activities, including but not limited to freestanding signs, umbrellas, ice chests, chairs, tables or benches. Sidewalk vending equipment that is used for or associated with sidewalk vending activities shall not:

1. Attach to or make contact with any utility pole, street sign, bus stop, trash can, traffic pole or any other public structure.

2. Locate in such a way as to endanger the safety of persons or property or to cause a public or private nuisance, including but not limited to installing umbrellas, hanging wires, and other apparatus that create an obstacle for pedestrians, on the vendor's person, cart, wagon, rack, or other conveyance for vending activities, or using an open flame.

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3. Remain left or maintained unattended in public spaces or in any portion of the public right-of-way. Any equipment or objects left in public spaces or in any portion of the public right-of-way unattended will be considered discarded and may be seized or disposed of by the City.

K. In residential areas, roaming sidewalk vendors may operate between the hours of 9:00 am and 6:00 pm. In nonresidential areas, sidewalk vendors may operate between 5:00 am and 11:00 pm. In City parks, sidewalk vendors may operate during park hours.

L. Sidewalk vendors shall comply with all applicable Federal, State, and local laws including City noise regulations.

5.34.090 - Violations.

A. Every person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. Two hundred fifty dollars ($250.00) for a first violation; or

2. Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation; or

3. One thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

4. Upon proof of a valid permit subsequently issued by the City, the administrative fine in subsection (A) will be reduced to the corresponding administrative fine in subsection (B) of this section.

B. Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100.00) for a first violation; or

2. Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; or

3. Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

C. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed.

D. An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter.

E. Any administrative fine issued pursuant to this section shall be accompanied with a notice of and instruction regarding the right to request a determination on the ability to pay and instructions regarding how to do so. If the requestor meets the criteria described in Government Code Section 68632(a) or (b), the City shall accept, in full satisfaction, twenty percent (20%) of the otherwise applicable fine.

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2. Municipal Code section 5.03.080 is amended as follows:

5.03.080 - Penalties and remedies.

A. Late Fee. Any business that fails to obtain a business registration certificate within thirty (30) days of being subject to that requirement may, at the discretion of the City Manager or his/her designee, be charged a late fee in an amount set by the City Council.

B. Action to Collect. If a business fails to comply with the fee requirements of this action, the City may refer the matter to a collection agency and/or the City Attorney may file a civil action. Should court action be filed to collect any business registration fee and/or late fee, an additional penalty shall be charged equal to the cost incurred by the City for court action, including but not limited to reasonable attorney fees. All penalties shall be added to the business registration fee and shall become due and payable along with the delinquent business registration fee.

C. Enforcement. This Chapter may be enforced as described in Title 19.

D. Remedies Cumulative. All remedies prescribed under this Chapter are cumulative and the use of one or more remedies by the City will not bar the use of any other remedy.

E. This section shall not apply to sidewalk vendors operating as required by Chapter

5.34. 3. Municipal Code section 5.32.030 is amended as follows:

5.32.030 - Exceptions.

Excepting Section 5.32.040, this chapter shall not apply to:

A. Persons soliciting orders from or selling to retail dealers for use, or for resale, or to manufacturers for processing;
B. Public agencies;
C. Persons regulated and required to be licensed by the state or any of its agencies, while these persons are actually engaged in the activity for which the license is required;
D. Persons delivering a newspaper of general circulation; Item I.7
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E. Growers or producers of any agricultural commodity sold or offered for sale on the premises where grown or produced;
F. Any person who represents that he or she is engaged in expressive activity. For purposes of this chapter, “expressive activity” means conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinion, views, or ideas, whether or not that conduct involves a request for funds or any other thing of value.

G. Sidewalk vendors operating as required by Chapter 5.34.

4. Municipal Code Chapter 8.08 is deleted as follows:

Chapter 8.08 - PUBLIC HEALTH LICENSES AND FEES
Article 1. - General Provisions

8.08.010 - Purpose and authority.

Pursuant to Health and Safety Code Section 510, the City Council determines:

A. That the expenses of the Health Officer, in the enforcement of statutes, orders, quarantines, embargoes, rules and regulations, prescribed by state officers and departments relating to public health, are not met by any fees prescribed by the state; and
B. That the fees prescribed herein will help pay the Health Officer's reasonable expenses incurred in such enforcement.

8.08.020 - Area of application.

Licenses required by this chapter shall be required of every activity described herein, within the city and the Health Officer shall enforce any state statute, order, quarantine, embargo, rule or regulation relating to public health.

8.08.030 - California Uniform Retail Food Facilities Law implemented.

Public health licenses for food facilities shall serve as valid permits to operate as provided in Section 27551 of the California Health and Safety Code. Any reference to license, or public health license, as used in this chapter in reference to licensable food establishments, also means "permit to operate." To the extent that the fees imposed pursuant to this chapter are fees authorized under Section 27551 of the California Health and Safety Code such fees are imposed pursuant to Section 27551.

8.08.040 - Definitions.

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A. Unless otherwise specifically provided, or required by the context, the following terms have the following indicated meanings in this chapter.

B. Terms not defined herein but defined in the California Health and Safety Code have the meanings given in that code.
“Activity” means every business, occupation, operation, activity, machine, vehicle or object engaged in or used for the purposes and things regulated hereunder. “Area of application” means the geographical area described in Section 8.08.020. “Health officer” means the city Health Officer, his or her medical deputies, and his or her duly authorized subordinates.
“Incidental confectionery” means activity incidental to the main nonfood business operations (e.g., department, drug, variety or bait stores), for the sale of candy, gum, peanuts or similar confectionery and food or beverage, with less than three hundred fifty dollars ($350.00) retail value of food in stock.
“License year” means March 1st through February 28th(29th). “Retail food vehicle” means any vehicle designed or used or intended to be used by or for any one or more of the following persons and/or uses: bakery distributor, fish peddler, food salvage distributor, fruit and/or vegetable distributor, grocery distributor, industrial catering, mobile food preparation unit, and itinerant restaurant. It includes any vehicle from which animal food, bakery products, fish, shellfish, seafood, fruits, vegetables, meats, poultry, preserves, jelly, relish, milk or any other dairy products, food or food products, ice or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retail, or are distributed to the consumer. “Septic tank-chemical toilet cleaner” means a person engaged in the business of cleaning septic tanks, individual sewage systems, holding tanks, pit privy, cesspools or seepage pits, or of providing or cleaning chemical toilets. “Small water system” means a utility system which furnishes water for domestic purposes to from two through one hundred ninety nine (199) service connections inclusive and includes "Public Water Systems" as defined in California Health and Safety Code Section 4010.1 and its applicable regulations under Title 22 of the California Administrative Code.
“Vending machine business” means the activity of selling food or drink by vending machine(s), regardless of the number of machines or locations.

Except as exempted by Section 8.08.200(D), "hazardous waste generator" means any business which is principally engaged in any of the following activities:

1. Textile mill products. Businesses engaged in performing any of the following operations:

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a. Preparation of fiber and subsequent manufacturing of yarn, thread, braids, twine and cordage,
b. Manufacturing broad woven fabric, narrow woven fabric, knit fabric, and carpets and rugs from yarn,
c. Dyeing and finishing fiber, yarn fabric and knit apparel, d. Coating, waterproofing, or otherwise treating fabric, e. The integrated manufacture of knit apparel and other finished articles from yarn, and
f. The manufacture of felt goods, lace goods, nonwoven fabrics, and miscellaneous textiles;

2. Lumber and wood products, except furniture. Logging camps engaged in cutting timber and pulpwood; merchant sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, plywood mills and veneer mills engaged in producing lumber and wood basic materials; and businesses engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes;

3. Furniture and fixtures. Businesses engaged in manufacturing household, office, public building and restaurant furniture or cabinets and office and store fixtures;

4. Paper and allied products. Businesses engaged in the manufacture of pulps from wood and other cellulose fibers and from rags; paper and paperboard; and paper and paperboard into converted products such as paper coated off the paper machine, paper bags, paper boxes, and envelopes;

5. Printing, publishing and allied industries. Businesses engaged in printing by one or more of the common processes, such as letterpress, lithography, gravure or screen; businesses which perform services for the printing trade, such as bookbinding, typesetting, engraving, photoengraving and electrotyping, establishments engaged in publishing newspapers, books and periodicals, regardless of whether or not they do their own printing;

6. Chemicals and allied products. Businesses producing basic chemicals, and businesses manufacturing products by predominantly chemical processes, including three general classes of products:
a. Basic chemicals, such as acids, alkalis, salts and organic chemicals, b. Chemical products to be used in further manufacture such as synthetic fibers, plastics materials, dry colors and pigments, c. Finished chemical products to be used for ultimate consumption such as drugs, cosmetics and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers and explosives;

7. Petroleum refining and related industries. Businesses engaged in petroleum refining, manufacturing paving and roof materials, and compounding lubricating oils and greases from purchased materials;

8. Rubber and miscellaneous plastic products. Businesses manufacturing from natural, synthetic or reclaimed rubber, gutta percha, balata, or gutta siak, rubber products such as tires, rubber footwear, mechanical rubber goods, heels and soles, flooring and rubber sundries;

9. Leather and leather products. Businesses engaged in tanning, currying and finishing hides and skins, leather converting and establishments manufacturing finished leather and artificial leather products and similar products made of other materials;
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10.Stone, clay, glass and concrete products. Businesses engaged in manufacturing flat glass and other glass products, pottery, concrete and gypsum products, cut stone, abrasive and asbestos products, etc., from materials taken principally from the earth in the form of stone, clay and sand;

11.Primary metal industries. Businesses engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig or scrap; in the rolling, drawing and alloying of ferrous and nonferrous metals; and in the manufacture of nails, spikes and insulated wire and cable;

12.Fabricated metal products, except machinery and transportation equipment. Businesses engaged in fabricating ferrous and nonferrous products such as metal cans, tinware, hand tools, cutlery, general hardware, nonelectric heating apparatus, fabricated structural metal products, metal forgings, metal stampings, ordnances (except vehicles and missiles), and all metal and wire products not elsewhere classified;

13.Machinery, except electrical. Businesses engaged in manufacturing machinery and equipment other than electrical equipment and transportation equipment, including machinery powered by built-in or detachable motors, portable tools, both electric and pneumatic powered; but not including electrical household appliances;

14.Electrical and electronic machinery, equipment and supplies. Businesses engaged in manufacturing machinery, apparatus and supplies for the generation, storage, transmission, transformation and utilization of electrical energy, including household appliances, but not including industrial machinery and equipment powered by built-in or detachable electric motors;

15.Transportation equipment. Businesses engaged in manufacturing equipment for transportation of passengers and cargo by land, air and water, including motor vehicles, aircraft, guided missile and space vehicles, ships, boats, railroad equipment and miscellaneous transportation equipment such as motorcycles, bicycles and snowmobiles;

16.Measuring, analyzing and controlling instruments. Businesses engaged in manufacturing instruments (including professional and scientific) for measuring, testing, analyzing and controlling, and their associated sensors and accessories; optical instruments and lenses; surveying and drafting instruments; surgical, medical and dental instruments, equipment and supplies; ophthalmic goods; photographic equipment and supplies;

17.Other (miscellaneous) manufacturing industries. Businesses engaged in manufacturing jewelry, silverware and plated ware; musical instruments; toys, sporting and athletic goods; pens, pencils and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; caskets; beauty shop and barber shop equipment; hair work; tobacco, pipes and cigarette holders; coin-operated amusement machines; matches; candles; lamp shades; dressed and dyed furs; umbrellas, parasols and canes; and other manufactured articles not elsewhere classified;

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materials. This industry includes auto wreckers engaged in dismantling automobiles for scrap;

19.Hospitals and laboratories. Businesses primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other hospital services as well as continuous nursing services. These businesses have an organized medical staff, inpatient beds and equipment and facilities to provide complete health care;

20.Medical and dental laboratories. Included in this group are businesses engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient on prescription of a physician as well as businesses primarily engaged in making dentures and artificial teeth to order for the dental profession;

21.Transportation by air. Businesses engaged in the operation and maintenance of airports and flying fields and/or the servicing, repairing (except on a factory basis), and storing of aircraft at such airports;

22.Communication. Businesses furnishing point-to-point communication services, whether by wire or radio, and whether intended to be received aurally or visually, and radio and television broadcasting;

23.Electric services. Businesses engaged in the generation, transmission and/or distribution of electric energy for sale;

24.Dry cleaning plants. Businesses engaged in dry cleaning or dyeing apparel and household fabrics;

25.Photofinishing laboratories. Businesses engaged in developing films and in making photographic prints and enlargements for the trade or for the general public;

26.Automotive repair shops. Businesses engaged in the repair of automobiles including brake relining, carburetor and radiator repair, painting and refinishing, tire retreading, and body repair;

27.Motion picture production and service. Businesses engaged in the production of motion picture films and tapes, including film processing, editing and titling, and services relating to the manufacture of props or production of special effects.

Article 2. - License Requirements

8.08.050 - Public health license required.

No person shall conduct, operate or engage in any activity or object listed in Section

8.08.060, within the area of application, without having a valid, unrevoked, unsuspended public health license therefor.

8.08.060 - Licensable activities.

The following must be licensed hereunder: restaurants, retail food markets, wholesale food markets, food processing establishments, roadside stands, food salvagers, ice plants, peddlers, itinerant restaurants, bakeries, retail food vehicles, food vending machine businesses, public swimming pools, wiping rag businesses, small water Item I.7
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systems, septic tank-chemical toilet cleaners, hazardous waste generators and infectious waste producers.

8.08.070 - Other licenses and requirements.

Licenses required by this chapter are in addition to any other license or permit required within the area of application, and do not exempt any person, operation or premises from sanitary requirements enforced by the Health Officer.

8.08.080 - Term.

Licenses shall be for not more than one year. None is valid after midnight on February 28th (29th) after its date of effectiveness.

8.08.090 - Separate activities.

If a person engages in, conducts, manages or carries on, at the same time, more than one licensable activity or object, each such activity or object shall be considered as separate and distinct from the other(s), whether located on the same premises or not.

8.08.100 - License display.

A. Exhibition on Request. Every person required to have a license hereunder shall show it on request by the Health Officer.

B. Fixed Place of Business. Every such person with a fixed location of such activity shall keep such license conspicuously posted therein.

C. Itinerant and Vehicle. Every such person without a fixed place of such activity shall carry such license with him or her at all times while so engaged; and the operator of every retail food vehicle shall keep its license in it while it is so used.

8.08.110 - Vending machine operators.

A. Identification Plate. Each food or drink vending machine shall have conspicuously affixed thereon a durable identification plate, setting forth its model number or symbol and its individual identifying serial number.

B. Identification Decal. Each such machine shall have similarly affixed a decal or other identification, if furnished by the Tax Collector, indicating that the required health license fee has been paid for the current license year.

C. List of Machines. The operator of a food or drink vending machine activity shall maintain in its principal place of business in this city a current record or list by serial number of every such machine and its location within the area of application.

D. Annual Report. On or before December 1st of each year, such operator of a food or drink vending machine business shall give the Tax Collector a list of the addresses at which his or her licensable machines are located, which he or she intends to license for the following license year.

8.08.120 - License application.

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Every person owning, conducting or operating any activity for which a license is required hereunder shall apply for a license to the Health Officer, on a form provided by him or her. If the Health Officer approves the application, he or she shall so indicate to the Tax Collector, to whom the applicant shall then pay the required fee and penalty, if any. The Tax Collector shall issue a public health license when these requirements have been met.

Temporary licenses are governed by Section 8.08.190.

8.08.130 - License content.

Every public health license shall contain the following information:

A. Name and address of the licensee;
B. Nature and location of the licensed activity or object; C. If issued for a retail food vehicle, the vehicle identification number or license number;
D. Date of issuance, and statement of its period of validity or of its invalidity after February 28th (29th) or other specified date;
E. Statement that it is not transferable between persons, vehicles, objects or places; and
F. Statement that it is conditioned on compliance with all applicable laws and regulations.

8.08.140 - Additional identification.

The Tax Collector, when required or when he or she deems it necessary hereunder, shall issue with any license further identification in the form of a license plate, decal or gummed sticker to be conspicuously displayed.

8.08.150 - Issuance notification to Health Officer.

Within three working days after the initial issuance of a license, the Tax Collector shall give the Health Officer a copy.

8.08.160 - Renewal licenses.

A. Issuance. On or before every January 31st, the Tax Collector may send to each person who obtained a license during the license year a bill (invoice) for the appropriate license fee for the following year. He or she shall promptly send the licensee a fee-receipted license when the fee is paid. This "receipt" is merely the "fee-paid" copy of the license.

B. Effective Date and Display. No such license is valid or issuable until the required license fee is received by the Tax Collector, including penalty unless the fee is received or postmarked before the effective (delinquency) date. The licensee shall display the fee-receipted license, or shall make it available for objects or machines.

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C. Report on Renewals. On every April 1st, or as soon as practicable thereafter, the Tax Collector shall notify the Health Officer of the names of those persons who have, and who have not, renewed their licenses.

8.08.170 - Lost licenses and replacement vehicles.

The Tax Collector, upon receiving a fee of ten dollars ($10.00), may issue a new license to a licensee who shows that his or her license has been lost or stolen, or who owns or operates a retail food vehicle which replaces a formerly licensed vehicle.

8.08.180 - Refunds.

The Auditor shall refund to a licensee all moneys erroneously collected if the licensee files a proper claim demonstrating this to the Auditor.

8.08.190 - Temporary licenses.

The Health Officer may issue a nonrenewable temporary license for activities or objects licensable hereunder for a period of not over thirty-one (31) consecutive calendar days in any license year. The application and other matters regulated by Sections 8.08.120 through 8.08.190 shall be conformable herewith, except that the Health Officer shall administer them and may regulate and prescribe forms therefor conformable herewith.

8.08.200 - Exemptions.

A. Blind. The Tax Collector shall issue without fee, but on application, a license to any blind person (having not more than ten percent visual acuity in the better eye without correction) who otherwise would be entitled to such license, and who files with his or her application a certificate signed by a licensed physician or by the State Bureau of Vocational Rehabilitation that he or she is a blind person.

B. Charitable or Tax-Supported Institutions. The Tax Collector shall issue, without fee, but on application approved by the Health Officer, a license to any person who conducts a licensable activity exclusively for religious or charitable purposes if at least seventy-five (75) percent of the net proceeds from such activity inures directly to the benefit of such purposes, and to any tax-supported person.

C. Delivery Vehicles. Vehicles used by a fixed-location food market or restaurant licensed hereunder to deliver food products therefrom need not be separately licensed.

D. Hazardous Waste Facility Permittee. The term "hazardous waste generator" shall not include any business required to have a hazardous waste facility permit issued by the State Department of Health Services. Possession of a currently valid hazardous waste facility permit issued by the State Department of Health Services shall constitute prima facie proof of exemption from this section.

Article 3. - License Fees

8.08.210 - Square footage.

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Where license fees are based on square footage, this refers to the area occupied by, attendant to and in support of the licensable activity or object.

8.08.220 - Temporary license fees.

Temporary license fees are equal to the annual fee, or, in the case of proratable fees, are prorated under Section 8.08.250.

8.08.230 - Delinquency, penalty and waiver.

A. If any fee required by this chapter is not paid before the delinquency date, it shall be increased by twenty-five (25) percent. The delinquency date is: in the case of initial applications, the thirty-second calendar day after commencement of the activity; in the case of license renewals, March 1st; and in the case of temporary licenses, the second day after commencement of the activity in question.

B. With concurrence by the Health Officer, the Tax Collector may waive any penalty incurred without substantial fault by the applicant or licensee and without substantial lessor damage to the county or city.

8.08.240 - Plans and inspection deposits.

A. Deposit Required. The Health Officer shall collect a nontransferable deposit equal to three times the annual fee, for checking plans and inspecting construction or remodeling, for licensable activities other than vehicles and vending machines.

B. Charge — Refund. Actual costs shall be charged against the deposit at an hourly rate(s) to be established annually before November 30th by the Auditor-Controller, plus an administrative fee of twenty-five (25) percent of the deposit. If the deposit is exhausted before final approval by the Health Officer, or if the balance is not sufficient to cover anticipated remaining costs, the Health Officer shall collect from the applicant an additional deposit equal to three times the annual fee (or such lesser amount as the Health Officer deems adequate) to cover the costs before any further review or inspection is made. Failure to pay the additional deposit within ten days following receipt of written notification shall void all prior approvals, and any further construction or activity shall be deemed unlawful. If the deposit is not exhausted, upon final approval by the Health Officer, the balance shall be refunded to the depositor.

C. Time Limit. A plans approval is valid for only six months unless work has begun. If work has not commenced within such time, the actual costs plus the additional twenty-five (25) percent administrative fee shall be charged against the deposit.

Resubmission of plans and deposit shall conform with subsections A and B of this section.

D. Penalties. Any person violating this section by failing to submit plans, obtain necessary inspections and approvals or make deposits, or by commencing or continuing construction or remodeling in violation hereof, shall pay triple the fee as a penalty and remain subject to other applicable penalties and enforcement procedures.

E. Approval Limits. The approval of plans and specifications shall not prevent the Health Officer from thereafter requiring correction of errors in such plans and Item I.7
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specifications, or from preventing construction, installation and operations being carried out thereunder when in violation of this code and/or other applicable laws.

8.08.250 - Prorating fees.

Unless otherwise provided, when an activity is first licensed to commence during a license year, the fee shall be prorated as follows, but never to less than ten dollars ($10.00): the full annual fee if it starts during March through May, three-fourths if during June through August, one-half if during September through November, and one-fourth if during December through February.

8.08.260 - Bakery.

Bakery license fees are based on square foot area, as follows: less than two thousand (2,000), eighty dollars ($80.00); two thousand (2,000) through five thousand nine hundred ninety-nine (5,999), one hundred twenty dollars ($120.00); six thousand (6,000) or more, one hundred sixty dollars ($160.00).

8.08.270 - Food processing establishment.

Food processing establishment license fees are the same as for bakeries.

8.08.280 - Wholesale food market.

Wholesale food market license fees are the same as for bakeries.

8.08.290 - Retail food production and marketing establishment.

Retail food production and marketing establishment license fees are the same as for bakeries.

8.08.300 - Restaurants, taverns, cocktail lounges and snack bars.

A. Restaurant license fees are based on patron seating capacity, as follows: less than fifty (50), eighty dollars ($80.00); fifty (50) to one hundred forty-nine (149), one hundred twenty dollars ($120.00); one hundred fifty (150) or more, one hundred sixty dollars ($160.00). Banquet room seating capacity is excluded in accordance with the Health Officer's regulations.

B. Tavern, cocktail lounge and snack bar license fees are sixty dollars ($60.00), and drive-in, take-out and catering commissary license fees are one hundred twenty dollars ($120.00); all regardless of seating capacity.

8.08.310 - Itinerant restaurant.

Itinerant restaurant license fees are forty dollars ($40.00), not proratable.

8.08.320 - Vehicles and peddlers.

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A. A nonproratable license fee of forty-eight dollars ($48.00) is payable for every retail food vehicle from which food is served, and for every location for every mobile food preparation unit.

B. A nonproratable license fee of forty dollars ($40.00) is payable for every other retail food vehicle, and for every peddler of food.

8.08.330 - Roadside stand.

A roadside stand license fee is forty-eight dollars ($48.00), not proratable.

8.08.340 - Food vending machine.

Food vending machine license fees are forty-eight dollars ($48.00) for one through four machines, plus an additional eight dollars ($8.00) for each machine over four, which are not proratable.

8.08.350 - Food salvager.

A food salvager license fee is two hundred forty dollars ($240.00).

8.08.360 - Food demonstrator.

A food demonstrator license fee is forty dollars ($40.00), not proratable.

8.08.370 - Ice plant.

An ice plant license fee is eighty dollars ($80.00).

8.08.380 - Public swimming pool.

A public swimming pool license fee is one hundred twenty dollars ($120.00).

8.08.390 - Wiping rag business.

A wiping rag business license fee is eighty dollars ($80.00).

8.08.400 - Small water system.

A small water system license fee is as follows:

A. 2 — 4 connections ..... $ 28.00;
B. 5 — 50 connections ..... 48.00;
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C. 51 — 100 connections ..... 64.00;
D. 101 — 199 connections ..... 100.00.

8.08.410 - Incidental confectionery.

An incidental confectionery license fee is forty-eight dollars ($48.00), nonproratable.

8.08.420 - Septic tank-chemical toilet cleaner.

A septic tank-chemical toilet cleaner license fee is eighty dollars ($80.00), proratable, and twenty-five dollars ($25.00) for each vehicle, nonproratable.

8.08.430 - Hazardous waste generator.

A hazardous waste generator license fee is as follows:

A. 1 — 19 employees ..... $ 90.00;
B. 20 — 99 employees ..... 180.00;
C. 100 — 499 employees ..... 270.00;
D. 500 or more employees ..... 540.00.

8.08.440 - Infectious waste producer.

An infectious waste producer fee is as follows:

A. Skilled nursing facilities, intermediate .....
care facilities, or clinics ..... $ 60.00;
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B. Hospitals, 0 — 99 beds ..... 120.00;
C. Hospitals, 100 or more beds ..... 150.00.

Article 4. - Enforcement

8.08.450 - General.

The provisions of this article control in the absence of contrary provisions of state, county or city law particularly applying to one or more licensable activities hereunder; however, violations of this chapter are also subject to criminal and/or civil enforcement procedures like all other violations of this code.

8.08.460 - Administration and regulation.

The Health Officer shall administer this chapter. The Health Officer may promulgate regulations carrying out these provisions, including prescribing application and identification forms.

8.08.470 - Temporary suspension.

A. Complaint. When a written complaint is filed with or by the Health Officer or one of his or her medical deputies that some applicable law or regulation is being violated by any person or licensable activity, he or she may order a hearing pursuant to Section 8.08.500.

B. Period. After hearing, the Health Officer may suspend the license for not more than ninety (90) calendar days, or until he or she is assured of compliance with applicable laws and regulations, whichever period is shorter; and he or she may post notice of this action in a conspicuous place. At the end of the shorter period the license becomes valid again.

8.08.480 - Emergency suspension.

A. Health Danger. After making a written finding that the public health is endangered by some person or licensable activity, the Health Officer or one of his or her medical deputies may order the immediate cessation of the activity, abatement of the condition, or action to correct the condition, and he or she may order the emergency suspension of the license and its removal from the person or premises; and he or she may post notice of this action in a conspicuous place. Emergency suspension is in addition to, and not limited by nor in derogation of, any other authority or power which the Health Officer may have under this or other laws or regulations.

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B. Period. Each emergency suspension, as distinct from any other authorized action, is effective for not more than seven calendar days, including the first day on which the license is suspended. At the end of that period, or sooner if a finding is made that the public health is no longer endangered, the license becomes valid again, unless a hearing is ordered pursuant to Section 8.08.500.

8.08.490 - Revocation.

The Health Officer or one of his or her medical deputies may revoke and confiscate a license if:

A. It has been suspended once after hearing; and
B. Violations of this chapter or other applicable laws or regulations or acts or omissions endangering the public health continue; and
C. The Health Officer makes a written finding that correction of the situation is impracticable and that the public health is endangered. He or she may post notice of this action in a conspicuous place.

8.08.500 - Hearings.

A. Notice. The Health Officer shall give written notice of the hearing to the licensee or the person involved or in charge of the premises or operation, delivered or mailed to the latest address on file with him or her, at least seventy-two (72) hours before the hearing for emergency suspensions, and at least five days before the hearing for temporary suspensions. The notice shall specify:

1. The hearing date, time and place (not more than fourteen (14) days thereafter);

2. The reasons for the hearing; and

3. The licensee’s rights to correct, comply with, or desist from, the cited reasons, and/or show cause against suspension of the license.

B. Conduct. The Health Officer or one of his or her medical deputies shall conduct the hearing, or he or she may have the County Hearing Officer conduct it and recommend back to him or her a suggested disposition of the matter. Hearings may not be postponed or continued longer than ten days from the original date without the consent of the licensee.

C. Decision. The Health Officer or the medical deputy shall make his or her written decision within fourteen (14) days after:

1. The hearing’s close; or

2. His or her receipt of the Hearing Officer's recommendations; and he or she shall promptly notify the licensee thereof.

8.08.510 - Appeals.

Appeals are governed by County Code Chapter 14-4.

5. Municipal Code section 12.08.020 is amended as follows:

12.08.020 - Encroachments not requiring a permit.

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No encroachment permit is required for the following encroachments:

A. Mailbox. A mailbox within the right-of-way in accordance with the rules and regulations of the United States Post Office Department which does not endanger the life or safety of the traveling public. However, a mailbox within a structure which is subject to a permit does not create an exemption for the structure.

B. Plants. A tree, shrubs, grass or other growing thing, (including an irrigation system as an appurtenance to the planting) in the right-of-way, subject to the following limitations:

1. Plants and irrigation systems may not be located in the traveled way or in a drainage ditch, gutter, or other drainage facility;

2. No tree, hedge, shrub or other planting, including an irrigation system appurtenant to the planting, or other permitted encroachment may be maintained across an existing walkway in a sidewalk area or shoulder.

The intent of this restriction is to keep a walkway free for pedestrian and other lawful public travel without interference by or with vehicular travel;

3. The general public shall not be denied the use of a planted area within the right-of-way for pedestrian travel, utility construction, maintenance, and repair, or other lawful uses;

4. The city may use the planted area for any lawful purpose and may issue a permit to any applicant to go on the planted area in the right-of-way to perform work or otherwise encroach in the public right-of-way;

5. If the planted area (including an irrigation system appurtenant to the planting) is damaged or disturbed in the course of an authorized encroachment, the property owner will be responsible for replacement or repair, consistent with the property owner's responsibility for maintenance of trees and plants in the public right-of-way as provided by Section 12.08.320, unless there is an encroachment permit which specifically states otherwise.

C. Notices. A temporary notice posted as provided by law or court order.

D. Sidewalk Vending. A sidewalk vendor operating as required by Chapter 5.34.

6. Municipal Code section 12.20.040 is amended as follows:

12.20.040 - Items in vehicle or structure.

No person shall park or place any vehicle or structure wholly or partly within any right-ofway of any public highway in this city for the purpose of selling, or offering or displaying for sale, anything either from or in such vehicle or structure.

7. Municipal Code sections 12.28.090 and 12.28.320 are amended as follows:

12.28.090 - Permit application.

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A. Except as provided in Chapter 5.34, Aa person who desires a permit shall file an application with the Director on a form provided by the city. The information required shall include:

1. The name and address of the applicant;

2. The name and address of the person, group, organization or corporation sponsoring the activity;

3. The nature of the proposed activity;

4. The dates, hours and park facility for which the permit is desired;

5. An estimate of attendance; and

6. Other information which the Director considers reasonably necessary.

B. A permit may not be issued for an activity which is likely to be attended by more than one hundred (100) people unless an application for the permit is received by the Director at least four weeks before the date of the activity for which the permit is sought.

C. The permit application shall be accompanied by a fee in an amount set by City Council resolution.

D. Each permit applicant shall be provided a copy of the regulations governing the use of park facilities.

12.28.320 - Violation an infraction or misdemeanor.

A. Except as provided in Chapter 5.34, Aa person who, without a permit, uses a facility for which a permit is required and continues to use it after being ordered to vacate the facility or who violates any regulation contained in this chapter is guilty of an infraction, unless the violation is made a misdemeanor.

B. A person who violates Section 12.28.210 is guilty of a misdemeanor and is punishable as provided in Sections 12700 through 12702 of the Health and Safety Code.

C. A person who violates Section 1.28.220 is guilty of a misdemeanor and is punishable as provided in Section 1.20.030.
2045951.8
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: August 18, 2026
SUBJECT:

Orinda Way Road Closure for 22nd Annual Car Show - Traffic Order 244 EXECUTIVE SUMMARY:

The City Council will consider road closures for the 22nd Orinda Annual Classic Car Show. The event will take place in the Village District and will be held between 10:00 a.m. and 2:00 p.m. on Saturday, September 12, 2026.

RECOMMENDATION:

Adopt Resolution 57-26 Authorizing Closure of a Portion of Orinda Way and All of Avenida de Orinda for the Orinda Annual Classic Car Show (Traffic Order No. 244).

BACKGROUND:

The 22nd Orinda Annual Classic Car Show in the Orinda Downtown area of the Village District will be held between 10:00 a.m. and 2:00 p.m. on Saturday, September 12, 2026.

DISCUSSION:

The City annually reviews the request for the street closure to support the Car Show, organized by the Orinda Association. The event brings visitors to Downtown Orinda and supports the City’s ongoing economic development efforts to create vitality in the Village District. Safety of all concerned, including participants and spectators, requires street closures as noted below between the hours of 6:00 a.m. and 5:00 p.m. These are the same closures utilized in past Car Shows:

1. Full Closure of Orinda Way between Camino Pablo and Camino Sobrante

2. Full Closure of Avenida De Orinda
FISCAL IMPACT:

Minimal overtime costs are associated with logistical support provided by City employees and contract services, primarily Orinda Police.

STRATEGIC PLAN INITIATIVE:

3. Downtown Development and Beautification
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3.f. Organize events and activate public spaces to foster community engagement.

Collaborate with the Chamber of Commerce to support local businesses.

ATTACHMENTS:

A. Resolution 57-26 Approving the Closure of a Portion of Orinda Way and All of Avenida de Orinda for the Orinda Classic Car Show (Traffic Order 244) Prepared by: Sivakumar Natarajan, City Engineer

Respectfully Submitted by:

Scott Christie,
Director of Public Works
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 57-26
TRAFFIC ORDER NO. 244

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

AUTHORIZING THE CLOSURE OF A PORTION OF ORINDA WAY AND ALL OF

AVENIDA DE ORINDA FOR THE ORINDA CLASSIC CAR SHOW
WHEREAS, the 22nd Orinda Annual Classic Car Show and associated activities located in the Orinda Downtown Village District will take place between 6:00 a.m. to 5:00 p.m. on Saturday September 12, 2026; and
WHEREAS, the event will be held between 10:00 a.m. to 2:00 p.m., which will require the following street closures:
1) Full Closure of Orinda Way between Camino Pablo and Camino Sobrante 2) Full Closure of Avenida De Orinda
WHEREAS, for the safety of all concerned including participants and spectators, this will require the above listed street closures on Saturday, September 12, 2026, between 6:00 a.m. to 5:00 p.m.; and
WHEREAS, under Section 21101, paragraph (e) of the Vehicle Code, a local authority may adopt by resolution, a temporary closure of a street for a special event when the closure is necessary for the safety and protection of the users of the street during the event; and NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the above listed street closures in downtown Orinda for the Orinda Annual Classic Car Show on Saturday September 12, 2026, from 6:00 a.m. to 5:00 p.m.

Adopted by the City Council of the City of Orinda at a regular meeting on August 18, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT:

ABSTAIN:

COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: August 18, 2026
SUBJECT:

Approve On-Call Drainage Facilities Services Contracts with Cowan & Thompson Construction, Inc., Miksis Services, Inc., FJ&I Engineering, Inc. and Presidio Systems, Inc.

EXECUTIVE SUMMARY:

The City Council will consider new contracts for on-call drainage facilities repairs. Repairs are required when the City finds failed or failing facilities, during storms or when the public or police report hazards such as sink holes. Internal inspection by way of camera/video (CCTV) is also often necessary. These services have typically been contracted on an as needed basis, on average around five times per year, to firms that have proven themselves to be competent, reliable and available on short notice. These new contracts will improve efficiency by having contracts in place, including insurance documents.

RECOMMENDATION:

BACKGROUND:

Unexpected storm drain failures can create serious public safety issues, such as sink holes in roadways, flooding from blocked storm drains or road embankment erosion.

These events often occur during winter storm events and require immediate response and repair. Over the past five to 10 years, the City has obtained competent and reliable services, on short notice, from the following general engineering contractors:

Cowan & Thompson Construction, Inc. Storm drain and embankment repairs Miksis Services Inc. Storm drain lining and repair, cleaning, CCTV inspection
FJ&I Engineering, Inc. Storm drain lining and repair
Presidio Systems, Inc. CCTV inspection and cleaning
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The above firms have consistently provided responsive service, fair pricing and excellent results. Staff typically entered into per site individual contracts as needs arise, often on short notice, during winter storms. It would be more efficient and save staff time if on-call contracts were entered into with each of these firms. This would allow contracts to be signed in advance and insurance documents submitted. When needs arise, Staff would obtain quotes for the work, determine if they were reasonable, and then issue a task order to approve work quotes. Prices depend on the situation and have been both lump sum or time and materials with a not-to-exceed limit. Past repair costs are in the $5,000 to $50,000 range and CCTV inspection work is typically ½ day minimum per crew and equipment, currently priced at $1,600.

DISCUSSION:

As noted above, it is necessary to promptly address storm drain issues in Orinda. The firms listed above have provided proposals (Attachment B) to be on call to perform the work, at prices to be quoted when repairs are needed, or when necessary, on a time and materials basis per their rate sheets as shown.

Staff recommends three-year service contracts with annual not-to-exceed amounts of $100,000 (except for Presidio, with an amount of $25,000). The annual amounts actually utilized will be subject to existing budget availability. As indicated in the resolution (Attachment A) the recommendation is for an option to extend the contracts for an additional two years, for an amount of $100,000 per calendar year (except for Presidio, with an amount of $25,000), with actual utilization being subject to existing budget availability.

Under the Orinda Municipal Code section 2.55.100, maintenance and repair of buildings and facilities can be exempt from competitive bidding when certain criteria are met, including disclosure of the nature of the contract, the amount of the contract, and the reasons why competitive bidding is not feasible.

Competitive bidding is not feasible for the subject work because it requires specialized knowledge, experience, and responsiveness rather than selection based solely on lowest cost. The firms listed above possess extensive familiarity with Orinda’s storm drain systems, infrastructure, and conditions - expertise that would take another contractor at least a year to develop. These firms have also demonstrated a proven ability to respond promptly to emergencies. Given the service-oriented nature of the contract, performance quality and technical proficiency are critical and cannot be assured through competitive bidding alone.

Staff believes all applicable criteria have been met and requests City Council approval of the exemption. Staff proposes utilizing the standard service agreement for such work (Attachment C).

FISCAL IMPACT:

Work under these proposed on-call services contracts would be charged against one of the following budget items, depending on the circumstances:

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CCTV Inspection CIP Project #4092, Storm Drain Plan & Inventory (Fund 210, Drainage Impact Fees) Fiscal Year 2026-27 Budget Amount $15,000
Drainage Repairs CIP Project #4111, Annual Drainage Facilities Improvement (Fund 210, Drainage Impact Fees) Fiscal Year 2026-27 Budgeted Amount $165,000
Operating Budget, Program 34, Drainage Contract Services (Fund 100, General Fund) Fiscal Year 2026-27 Budgeted
Amount $130,000
STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A - Resolution 59-26 Approving an Exception to Competitive Bidding Requirement and Approving On-Call Services Contracts
B.1 - Proposal & Rate Sheet, Cowan & Thompson Construction, Inc.

B.2 - Proposal & Rate Sheet, Miksis Services Inc.

B.2 - Proposal & Rate Sheet, FJ&I Engineering, Inc.

B.2 - Proposal & Rate Sheet, Presidio Systems, Inc.

C - Proposed Services Agreement
Prepared by: Scott Christie
Respectfully Submitted by:

Scott Christie
Public Works Director
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 59-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

APPROVING EXCEPTION TO COMPETITIVE BIDDING REQUIREMENT PER ORINDA MUNICIPAL CODE SECTION 2.55.100.A.6, AND APPROVING ON-CALL DRAINAGE

FACILITIES SERVICES CONTRACTS WITH COWAN & THOMPSON CONSTRUCTION, INC., MIKSIS SERVICES, INC., FJ&I ENGINEERING, INC. AND PRESIDIO SYSTEMS, INC.

WHEREAS, the City owns and operates several public drainage facilities in the City that must be maintained by qualified contractors; and
WHEREAS, Cowan & Thompson Construction, Inc., Miksis Services, Inc., FJ&I Engineering, Inc. and Presidio Systems, Inc., general engineering contractors, have successfully provided this service to the City over the past several years and the City desires to continue to utilize their services; and
WHEREAS, the above listed firms provided acceptable proposals for said maintenance services and acceptable rate schedules for call-out services; and WHEREAS, the estimated annual cost of said services up to $100,000; and WHEREAS, competitive bidding is not feasible because the work requires specialized knowledge, experience, continuity, and familiarity and responsiveness with Orinda’s drainage facilities; and
WHEREAS, the above listed firms have demonstrated a proven ability to successfully respond to emergency call outs to provide repair and other drainage maintenance services and given the service-oriented nature of the contract, performance quality and technical proficiency are critical and cannot be assured through competitive bidding alone.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda hereby approves an exception to competitive bidding requirements pursuant to Orinda Municipal Code Section 2.55.100.A.6.

BE IT FURTHER RESOLVED that the City Council of the City of Orinda hereby approves on-call drainage services contracts to Cowan & Thompson Construction, Inc., Miksis Services, Inc., FJ&I Engineering, Inc. and Presidio Systems, Inc., for a three-year term, with the option to extend it an additional two years, for an amount up to $100,000 per calendar year, subject to budget availability.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements and make minor modifications, as necessary, to carry out the intent of the resolution.

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on August 18, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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Brandyn Iverson, Mayor
ATTEST:
___________________________
Sheri Marie Smith, City Clerk
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Dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
Email: [email protected] Website: www.unplugu.com
Contractor’s License 544530, A, C-36, HAZ, D6, D12
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August 4, 2026
City of Orinda
22 Orinda Way,
Orinda, CA 94563
925-253-4231
Attn.: Scott Christie, P.E.
925-253-4219
[email protected]
Miksis Services, Inc. (MSI) has been providing municipal, industrial, and residential wastewater maintenance and repair services throughout Northern California since 1981. Backed by 45 years of industry experience, MSI is wellequipped to complete the most challenging infrastructure projects.

We are committed to delivering innovative, cost-effective solutions for the maintenance, rehabilitation, and restoration of wastewater and stormwater systems. Supported by our state-of-the-art investigative equipment, including video cameras and locating techniques, and an extensive array of specialized equipment, we can take a project from its initial assessment through to the final rehabilitation.

We specialize in cleaning and restoring wastewater structures and offer a variety of trenchless methods for repairing and restoring sewer and storm drain pipelines. As a leader in no-dig trenchless solutions, MSI is the oldest continuously certified installer of Dynaliner Fold-and-Form PVC pipe liner, and exclusive installer of this technology in California.

Contractor’s State License # 544530, issued 1988. Classifications include:
 C36 – Plumbing
 A – General Engineering
 C-61 / D12 – Synthetic Products
 C-61 / D06 – Concrete Related Services
Sample Projects
City of Orinda
2024-2025 Annual Storm Drain Repair Project (Category B). Project Nos.: 5008 & 5009. – August 2025 Orinda Way Storm Drain Pipe Lining. Project No.: 4111-PL-93. – June 2025 County of Santa Cruz
Glen Canyon Rd Culvert Rehabilitation – June 2026
Sinkhole abandonment and Dynaliner installation.

Graham Hill Pipe Lining. – August 2025
Graham Hill Rd at State Hwy 9, Relining Culvert
County of San Luis Obispo
Culvert Repair – Nacimiento Lake Dr. – March 2026
Install 48” Dynaliner.

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Dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
Email: [email protected] Website: www.unplugu.com
Contractor’s License 544530, A, C-36, HAZ, D6, D12
GM | lm Page 2 | 5
County of Marin
Project: Bretano Way & Sir Francis Drake Culvert Repair. – October 2025 Rehabilitation of CMP Arch Pipe – 505 Sir Francis Drake Blvd, Larkspur.

Project: Barber Drainage Project. Project No. 2025-09. – October 2025 Town of Corte Madera
Corte Madera 2025 Storm Drain Replacement. Project NO. 25-301. - September 2025 Existing Storm Drain repair. Multiple locations. Fold & Form PVC lining.

City of Cloverdale
FY25-26 Annual Sewer Collection System Maintenance. – August 2025 Sanitary Sewer Lining and Sewer Manhole Epoxy.

Town of Yountville
Hydroflush Weirs & Floodwall Operations Program. – August 2025, 2026 Multiple 36” Storm Drain line cleaning by Vactor/Guzzler.

WW 2025- Inflow and Infiltration Repair. – June 2025
Sewer inflow and infiltration repair, Dynaliner installation at various locations.

Caltrans
Caltrans EFA #04-1X6604 – NB Highway 280 Culvert Failure Repairs in San Mateo County – August 2025 Subcontractor to Ghilotti Construction Company. Multiple storm drain Dynaliner installations, various large diameters.

Scope of On-Call Services
MSI proposes to provide on-call maintenance, rehabilitation, inspection, and related services for wastewater collection and stormwater systems. Services shall be performed on an as-needed basis at the request of the Client and may include, but are not limited to, the following:

Cleaning Services to improve system performance and extend the service life of wastewater and stormwater systems. These services may be performed as routine preventative maintenance or as preparatory work for structure rehabilitation projects. Regular cleaning can reduce heavy debris buildup in sanitary sewer systems, stormwater drainage systems, perforated hydrauger drains, manholes, lift stations, and related facilities. Services include:

High-Pressure Water Jetting: High-pressure jetting capable of producing 2-4K PSI to remove accumulated debris and restore pipelines to maximum flow capacity. A variety of specialized nozzles and cutters may also be used to remove hardened deposits and root intrusions in pipelines ranging from 1” to 12” in diameter.

Storm Drain Cleaning: MSI specializes in removing accumulated debris. Provided services include hydrocleaning and bucket-machine debris extraction to return drainage systems to the best possible condition.

Hydro-Blasting and Wet Glass Sand Blasting: High-impact cleaning services for the removal of coatings, corrosion, deposits, and other heavy surface buildups.

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Dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
Email: [email protected] Website: www.unplugu.com
Contractor’s License 544530, A, C-36, HAZ, D6, D12
GM | lm Page 3 | 5
Vacuum Excavation and Debris Removal for the safe removal, transportation, and disposal of liquid and solid debris. Services include:

Hydro-Excavation: A non-destructive excavation technology that utilizes pressurized water and vacuum equipment to safely expose underground utilities while minimizing the risk of potential damage caused by mechanical excavation.

Wet or Dry Vacuum – Vactor combo units equipped with high-power suction to safely remove, store, and transport wet and dry materials to a designated disposal site.

Closed-Circuit Television (CCTV) Pipeline Inspection for pipeline condition assessment and investigation utilizing specialized camera systems. Inspection services include:

Mainline and Storm Drain Culvert CCTV: Remotely controlled video cameras routinely inspect pipelines ranging from 6” to 20” in diameter and for distances up to 1,200’ per inspection. Cameras are standardly equipped with pan, tilt, and zoom capabilities to provide detailed inspections and evaluations. Inspections of large-diameter storm drains and culverts utilize tractor-mounted camera systems capable of navigating pipelines exceeding 22” diameter.

Mini Cameras and Mighty Mini: Useful alternatives to mainline cameras for space-constrained access points.

Capable of entering pipelines ranging from 1 ½” to 8” diameter, the mini cameras can traverse up to 400’ of pipe. These small cameras are particularly useful when used in conjunction with location equipment to pinpoint areas in need of repair.

Data Collection Software: Digital inspection reports may be provided via removable media or secure electronic file transfer, as requested by the Client. Reports include inspection videos, photographs, written defect summaries, and footage locations of observed deficiencies. All pipeline inspections shall be performed by technicians certified in accordance with current NASSCO PACP standards.

Trenchless Solutions are designed to restore pipelines and manholes while minimizing excavation, traffic disruptions, surface restoration, and associated project costs. As an alternative to traditional dig-upand-replace pipeline repair methods, MSI offers a variety of trenchless pipeline rehabilitation solutions to eliminate costly, time-consuming issues.

Cured-in-Place-Pipe (CIPP) point repair: localized rehabilitation method of damaged sections, including cracks, fractures, and isolated defects. Typical repair lengths range from approximately 2’ to 6’ and may be overlapped to accommodate longer repairs while maintaining pipeline operation.

Centrifugally Cast Concrete Pipe (CCCP): A trenchless process used to rehabilitate damaged storm drain pipe by spray application of a high-strength cementitious mortar mix lining. CCCP can be applied to pipes ranging from 30” – 120” diameter, in segments up to 500’.

Dynaliner Fold-and-Form PVC: Dynaliner fold-and-form, thermoform PVC pipe liner provides a smooth, seamless surface for pipeline rehabilitation within the existing host pipe ranging from 4” to 48”. Pipe liner installation uses thermoform processing methods without chemicals, making Dynaliner an excellent choice for storm drain and culvert repair where environmental concerns are a priority. The PVC pipe liner conforms tightly to the contours of the host pipe, resulting in a new seamless surface that provides enhanced corrosion Item I.9
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Dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
Email: [email protected] Website: www.unplugu.com
Contractor’s License 544530, A, C-36, HAZ, D6, D12
GM | lm Page 4 | 5
resistance, resistance to chemical damage, and reduced susceptibility to typical joint defects, while increasing pipeline flow capacity by up to 30%.

Cellular Grout Injection - In cases where the invert and the soil beneath have washed away, self-leveling grout is injected into subsurface voids below the eroded flow line to remediate sinkhole formation and reestablish the integrity of the host pipe. Additional purposes for cellular grout application include pipe abandonment and culvert compaction.

Manhole Rehabilitation for deteriorated manholes to restore structural integrity, eliminate infiltration, and improve long-term performance. Services include:

Cement Water Stop: Application of cementitious repair materials to seal active leaks, repair deteriorated surfaces, and prepare structures for protective coatings.

Gel Grout Leak Stoppage: Injection of chemical grout behind manhole walls to seal groundwater infiltration and establish a waterproof barrier.

Cementitious Spin Casting: Uniform application of cementitious material to the interior surfaces of manholes to create a seamless protective liner.

Epoxy Coating: Installation of corrosion-resistant epoxy coatings following necessary surface preparation to protect structures subjected to chemical exposure and deterioration.

Additional Services provided, as requested by the Client:

Pipeline Locating: Surface locating and marking by Sonde transmitters and electronic locating equipment to determine pipeline location and depth.

Confined Space Entry: Entry into confined spaces by properly trained and certified personnel in accordance with applicable safety regulations to perform inspections, maintenance, and rehabilitation activities.

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Dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
Email: [email protected] Website: www.unplugu.com
Contractor’s License 544530, A, C-36, HAZ, D6, D12
GM | lm Page 5 | 5
Labor, Equipment, & Materials
Type Description Hourly Minimum
Requirements
Rate
L Labor $255.00 / hour
L Mob/demob $165.00 / hour per
laborer
E Jetting, 4K PSI at 14 GPM (equipment only) 4-hour min. $120.00 / hour E Jetting, Jet rudder 3500 PSI at 80 GPM (equipment
only)
4-hour min. $181.00 / hour
E Vacuum, Vactor Industrial Loader (equipment only) 4-hour min. $181.00 / hour E Video Inspection Equipment (equipment only) 4-hour min. $120.00 / hour E Locating Equipment (supplemental to jetting and video inspection services, equipment only)
Flat Day Rate $150.00
E Robotic Lateral Reinstatement Cutter (equipment only) 4-hour min. $500 / hour The following service costs are based on specific quantities and job requirements.

L, E, M CIPP point repair

L, E, M CCCP
L, E, M Cellular Grout Injection
L, E, M Manhole Rehabilitation
L, E, M Dynaliner Fold-and-Form PVC
Conditions and Assumptions:
• MSI will be allowed unlimited and uninterrupted access to the job site. • Costs associated with permit(s), bond(s), and license(s) are excluded. • MSI will not be held liable for repair to or relocation of existing services or surfaces. • Should the Owner/Client install services or surfaces prior to the start of work (including but not limited to sidewalks, curbs, hardscape, irrigation lines, landscaping, vaults, etc.), MSI will take all reasonable care but will have no liability for damages and will not be responsible for removal and replacement or repair of such items. • No retention will be held.
• Any changes, modifications, or additions to this scope of work will require a change order. • MSI is a non-union corporation. MSI prices are based on non-union labor rates. • This contract proposal is bid at a prevailing wage rate. • If applicable, the client shall provide all DIR information and compliance requirements before the start of site work.

Thank you for the opportunity to present our proposal for this project. Please contact us if you have any questions or comments. This quote will remain valid for 30 days.

Gary Miksis
President
Miksis Services, Inc.

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Hourly Rate
$30.00
$65.00
TRUCKS
Tool Truck
5 CY Dump Truck (No Driver)
Reversable Plate Compactor (Turtle)
Jumping Jack
CAT CP44 ‐ Padfoot Roller (Sheepsfoot) $ 115.00
Rammax Trench Compactor
Wacker Roller RD11A ‐ Smooth Roller
CAT CB244 ‐ Smooth Roller
CAT CB34 ‐ Smooth Roller
HAMM HD 13 VT ‐ Smooth Roller
$ 44.00
$ 56.00
$ 41.00
$ 48.00
$ 70.00
$ 70.00
$ 75.00
$ 114.00
$ 16.00

COMPACTION EQUIPMENT HOURLY
Vibratory Plate Compactor $ 15.00
HAMM HD 14 VV ‐ Smooth Roller
HAMM HD 70 ‐ Smooth Roller
CAT CP‐323 ‐ Padfoot Roller (Sheepsfoot) $ 58.00
Apprentice ‐ Double Time $88.45
$104.25
$130.94
$157.13
$50.61
$69.53
$83.77
$105.06
$126.35
Journeyman ‐Straight Time
Journeyman ‐ Over Time
Journeyman ‐ Double Time
$79.09
$98.16
$117.84
Apprentice ‐ Straight Time
Apprentice ‐ Over Time
Apprentice ‐ Double Time
Journeyman ‐Straight Time
T&M Rates
Foreman Hourly Rates
Straight time
Laborer Hourly Rates Cement Mason Hourly Rate
Overtime
Double Time
$125.00
$156.00
$193.00
Apprentice - Straight Time
Apprentice - Over Time
Apprentice - Doubletime
$126.47
$152.08
Operater Engineer
Journeyman - Straight time
Journeyman - Overtime
Journeyman - Double time
Hourly Rates
$112.50
$140.02
$170.14
$102.57
Journeyman ‐ Over Time
Journeyman ‐ Double Time
Apprentice ‐ Straight Time
Apprentice ‐ Over Time
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Company Name Title Date
$ 150.00
$ 81.00
$ 66.00
$ 37.00
$ 77.00
Water Buffalo
Steel Trench Plate (up to 6'x10')
Rumble Plate
$ 68.00
$ 27.00
$20/Daily
$ 138.00
CAT 299 ‐ Trackloader
CAT 930G ‐ Loader
$ 355.00
$ 80.00
$ 53.00
$ 83.00
$ 26.00
$ 28.00
Wirtgen W120 ‐ Cold Planer
Sawcutting Equipment (No
Ride On Broom
Ditch Witch FX30 Vacuum
Lincoln Vantage 300 Welder
Light Tower
Towable Air Compressor
$ 91.00
CAT 259 ‐ Breaker
CAT 279 ‐ Trackloader
Sawcut Slurry Barrel (Offhaul and $ 150.00/EA
$ 436.00
JD 250G ‐ Excavator
JD 240D ‐ LoDrill 28LH
Volvo BL70B ‐ Backhoe
$ 165.00
$ 189.00
$ 82.00
$8/Daily
$ 95.00
$ 55.00
$ 30.00
$ 76.00
JD 210G ‐ Excavator
CAT 415F ‐ Skiploader
CAT 259 ‐ Trackloader
$ 184.00
$ 145.00

EARTH MOVING EQUIPMENT
CAT 300.9 ‐ Mini Excavator
CAT 300.9 ‐ Breaker
CAT 305 ‐ Mini Excavator
CAT 305 ‐ Breaker $ 55.00
CAT AP1055F ‐ Asphalt Paver
Weiler P385B ‐ Asphalt Paver
Vogele Super 700i ‐ Asphalt Paver
$ 30.00
HOURLY
RATE
CAT 320EL ‐ Breaker
CAT 336 ‐ Excavator
$ 150.00
$ 92.00
$ 261.00
CAT 318EL ‐ Excavator $ 139.00
CAT 320EL ‐ Excavator
CAT 305 ‐ Auger
CAT 308 ‐ Excavator
CAT 308 ‐ Breaker
CAT 313F ‐ Excavator
$ 60.00
$ 116.00
Signature Print Name

4. If bond is required, an additional 2.5% will be added to T&M Rates above

3. A 15% mark‐up will be added for OH&P ( Emergency marked up at 30%)

2. A minimum of 4 hours apply. After 4 hours, complete journey will be charged (8hours).

1. The hourly rates above include prevailing wage
CONDITIONS:

MISC.

Gradall G6‐42P ‐ Telehandler
JLG 10042 ‐ Telehandler
HOURLY
RATE
$ 76.00
$ 111.00
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State of California
California State Transportation Agency
Department of Transportation
Division of Construction
Labor Surcharge
and Equipment Rental Rates
(Cost of Equipment Ownership)
Effective April 1, 2026 through March 31, 2027
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Table of Contents
Labor Surcharge ..................................................................................A Overtime and Multiple Shifts ................................................................C Delays ..................................................................................................D Daily Extra Work Bill ............................................................................D Attachments ..........................................................................................1 AIRCP Air Compressors ..................................................................................1 AIRDL Air Drills, Crawler .................................................................................1 AIRTO Air Tools ...............................................................................................1 ASDSP Asphalt Dike and Shoulder Pavers ......................................................2 ASPAV Asphalt Pavers .....................................................................................2 ASPWP Asphalt Windrow/Pickup Machines.......................................................3 AUGCL Augers, Crawler Mounted .....................................................................3 AUGHZ Augers, Horizontal ................................................................................3 AUGTK Augers, Truck Mounted.........................................................................3 BITDT Bituminous Distributors ........................................................................4 BRMSW Brooms and Sweeping Equipment........................................................4 BRUCP Brush Chipping and Shredding Machines ............................................4 COMHG Compactors, Hand Guided ...................................................................4 CONMX Concrete Mixers....................................................................................5 CONPM Concrete Pumps ...................................................................................5 CONSF Concrete Slipform Pavers .....................................................................5 CONVB Concrete Vibrators ................................................................................5 CRBEX Curb Extrusion Machines......................................................................5 CRBSF Concrete Barrier Slipform Pavers .........................................................5 ELGEN Electric Generators and Light Plants ....................................................6 ELTOL Electric Powered Hand Tools................................................................6 FKLFT Fork Lift Trucks ....................................................................................6 GRADR Graders .................................................................................................6 HAMMR Hammers, Demolition and Pile .............................................................7 HCECL Hydraulic Cranes and Excavators, Crawler Mounted...........................8 Item I.9
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HCESP Hydraulic Cranes and Excavators, Self Propelled................................12 HCETD Hydraulic Cranes and Excavators,Truck Mounted with Carrier............14 HCETG Hydraulic Cranes and Excavator Truck MTD less Carrier ...................15 HYLFT Hydraulic Personnel Lifts and Aerial Work Platforms ..........................16 LDRCL Loaders, Crawler ..................................................................................16 LDRRT Loaders, Rubber Tire ...........................................................................17 LEADS Leads, Pile Driving ...............................................................................20 NONOP Non-Operated Equipment (daily rates) ................................................21 PGDIA Pavement Grinders, Diamond Blade ....................................................22 PGT-C Pavement Grinders, Tungsten-Carbide Bits ........................................22 PUMWA Pumps, Water .......................................................................................23 ROL-2 Rollers, Tandem Steel Wheels ............................................................23 ROLRT Rollers, Rubber Tire, Self Propelled ....................................................24 ROTAM Roller-Tapping, Segmented, Sheepsfoot, Self Propelled ....................24 ROTAT Rollers-Tamping, Segmented, Sheepsfoot Towed...............................25 ROVIB Rollers, Vibratory, Self Propelled..........................................................25 S&CCL Shovels and Cranes, Crawler ...............................................................28 S&CTK Shovels and Cranes, Truck Mounted ...................................................28 SANBL Sand Blasting Equipment......................................................................28 SAWCH Saws, Chain and Earth Auger Attachment ...........................................29 SAWCO Saws, Concrete and Masonry...............................................................29 SCRSP Scrapers, Self Propelled .......................................................................29 TRACC Tractors, Crawler...................................................................................30 TRACH Tractors, Heavy ....................................................................................31 TRACS Tractors, Rubber Tire, Industrial, Farm and Skid Steer .......................32 TRAFA Traffic Control and Safety Devices (hourly rates).................................32 TRAFC Traffic Control and Safety Devices (daily rates) ...................................32 TRAIL Trailers, Equipment, Low Bed...............................................................33 TRAIT Trailers, Equipment, Tilt Bed.................................................................33 TRENC Trenching Machines..............................................................................33 TRUCK Truck, Truck Trailers, EXCL Dump Trucks and EQPT Trail .................34 TRUOF Trucks, Off Highway..............................................................................34 TRUON Trucks, Dump, On-highway ..................................................................35 WELD Welding Equipment...............................................................................35 Item I.9
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FOR DOUBLE-SIDED PRINTING
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USER'S GUIDE

FOR LABOR SURCHARGE AND EQUIPMENT RENTAL RATES
April 1, 2026 - March 31, 2027
Equipment Rental Rates are available on the Internet at:
http://www.dot.ca.gov/programs/construction/equipment-rental-rates-and-labor-surcharge Miscellaneous Equipment Rental Rates are available on the Internet at:
http://www.dot.ca.gov/programs/construction/equipment-rental-rates-and-labor-surcharge The miscellaneous listing is updated daily.

Changes
Books are no longer available in hard copy and should be downloaded from the internet and printed.

Changes to the equipment rates in the April 1, 2026 book are the result of: 1) fuel costs decreased; 2) interest rates deccreased; 3) Producers' Price Index increased; 4) no change in sales tax; and 5) no change in freight (F.O.B.) rates.

Labor Surcharge
The labor surcharge compensates the contractor for statutory payroll items stipulated by various governmental agencies. The six items included are worker’s compensation, social security, Medicare, Federal unemployment insurance, State unemployment insurance, and State training taxes. The general rate is an average of the job classifications common to Caltrans projects. The labor surcharges in the April 1, 2026 book are the result of some changes in worker's compensation rates. The rates were derived from using the pure premium rate approved by the Insurance Commissioner effective September 1, 2025 and increasing it by the historical statewide average expense. In the calculation of the labor surcharge for overtime work, the worker's compensation is not included on the premium portion of overtime, as provided by worker's compensation regulations.

The surcharge percentage to be applied to the actual wages paid as provided in Section 9-1.04B [9-1.03A(1b)] of the Standard Specifications will be 10 percent for regular time (RT) and 10 percent for overtime (OT).

Exceptions to the general rate are listed below. These classifications were chosen because of high worker’s compensation insurance costs. Forward questions, regarding worker’s compensation rating and proper labor surcharge usage, to the rental rate personnel in the Division of Construction.

A
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EXCEPTIONS
Type of Work Performed Labor Surcharge Percent
RT OT
Concrete Construction - Bridge.......................................................................... 10 10 Drilling ................................................................................................................ 13 12 Fence & Guardrail Construction ......................................................................... 10 10 Erection of structural metal for metal bridges, excluding sign bridge ............... 14 13 Landscape Gardener ........................................................................................... 10 10 Mobil Crane & Hoist Service............................................................................. 12 11 Painting Steel Structures or Bridges ................................................................... 14 13 Pile Driving, not including drilled, cast-in-place concrete piles ........................ 13 12 Sign Erection or Repair ..................................................................................... 16 15 Wrecking & Demolition ..................................................................................... 12 11 An appropriate labor surcharge will be established by the Division of Construction for work that is determined by the resident engineer to be covered by Longshoreman and Harbor Worker’s Act.

B
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Background
By the authority described in Section 9-1.04 [9-1.03A] of the Standard Specifications, compensation for work paid by force account is determined to be the total of the direct equipment costs (rental rate) plus a 15 percent markup for all overhead not included as direct costs. The direct costs include fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance, depreciation, storage, cost of facilities capital, overhaul and all incidentals. The labor costs required to provide the above listed items are also included. The operator cost is not included in the equipment rate.

The calculated rate represents the cost of owning and operating the equipment, which is likely to be lower than the rate charged by a rental yard. The rental yard rate may include additional overhead and profit as well as a premium for short-term rentals. In certain situations, factors are applied to the calculated rates to provide ownership-only rates for delay situations or operating-only rates for overtime situations. The rates are calculated using factors for the direct cost items described above.

The factors represent an average and are applied to all makes and models of equipment within the class. All rates are hourly, unless stated otherwise.

Overtime and Multiple Shifts
Certain equipment costs are fixed on an annual basis, no matter how many hours are worked. Once an estimate of the costs and hours of use is made, a rate can be determined. When more than the estimated number of hours are worked (Overtime or Multiple Shift), a duplication of payment occurs on the fixed cost portion of the equipment rate.

In order to avoid this duplication, Caltrans uses a reduced rate for the Overtime or Multiple Shift situations. The definition of Overtime or Multiple Shift periods is:

Overtime hours occur after the equipment has worked at force account, eight hours per day (or after the daily equivalent of forty hours per week for special work schedules - 4/10 or 9/80).

Multiple shift hours will be paid at the same rate as overtime hours.

The hours shown on the Daily Extra Work Bill will determine when the Overtime and Multiple Shift is to be used. When the hours worked on force account are eight or less, straight time rates will be used. When the hours worked on force account are more than eight, Overtime and Multiple Shifts rates will be used. Saturday, Sunday or holiday work will be paid at the overtime rate except in those cases where these days are considered working days in the special provisions.

Be advised the computed overtime rates are no longer rounded and now equal the product of the straight time rate and overtime factor. The Overtime and Multiple Shift Factors are recalculated annually to reflect changes in the operating costs.

C
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Delays
As described in Section 8-1.07C [8-1.09] of the Standard Specifications, the Delay Factor may be applied to the equipment rental rate. The Delay Factor may be the basis for compensation for idle equipment time on an excusable delay. The factor has been calculated to include the ownership costs without including operating costs. The Delay Factor recovers all the contractor's non-operating costs in an eight-hour day. If payment is made for equipment on an excusable delay, it is limited to eight hours per day or forty hours per week maximum.

The NONOP class for non-operated items and the TRAFC class for traffic safety devices have been separated from traditional "rolling stock" equipment when calculating the Delay Factor. These classes are comprised of items whose depreciable lives are related to the number of uses per year, rather than the number of hours per year. Accordingly, the reasonable compensation for the contractor's actual loss has been estimated to equal the cost of facilities capital. It should be recognized that these items must be out of service before the Delay Factor is applied. For example, if work behind K-rail is delayed, the K-rail should be paid straight time until it is no longer controlling traffic.

Any use of this factor must have the prior approval of the resident engineer. The Delay Factor is recalculated annually to reflect changes in the operating costs.

Use of Daily Extra Work Bill
Identification codes and rates are intended to be used with the Department’s Internet change order billing system. The class is abbreviated using a 5-digit alpha-code, the make (manufacturer), a 4- digit alpha-code, and the code a 7-digit alpha-numeric code. All three codes must be used to define the equipment when using the automated pay system. Since the majority of items are described by per hour rates, each line has an entry for hours with an allowable maximum of 24. Special items with other than hourly rates should be appropriately checked and then entered in the Regular Hours column. For example, 50 Traffic Cones used 3 days (converts to 1.5, 100-cone-days) requires 1.5 be entered in the Regular Hours column. Note that any entry in the Delay Factor column will automatically apply the Delay Factor to every equipment entry on the current report.

Whenever an identification code cannot be found or the rate for a particular date of work performed is not available, updated information should be requested from the resident engineer. It is the resident engineer's responsibility to establish rates for equipment not found in the Labor Surcharge and Equipment Rental Rates publication. Support for this determination is available from both District and Headquarters Construction Offices. Rates are regularly superseded during contract periods, so avoid the use of old publications or expired rates.

The equipment is presented with a standard configuration capable of performing work commonly encountered on Caltrans projects. Special attachments or accessories are described under the classification heading in the Labor Surcharge and Equipment Rental Rates publication. Attachments other than those described by these remarks will be paid only upon direction of the resident engineer.

D
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1 ATTACHMENTS AIR COMPRESSOR

AIR DRILLS, CRAWLER

AIR TOOLS
TRACTOR ATTACHMENTS -including power control units and accessories necessary to provide a functional attachment. Dozer blades are included in the standard configuration for both crawler and heavy, rubber tire tractors.

Rippers are listed from R1 to R8 and Winches for logging or towing are listed from S1 to S5. Equipment model groups are as follows:

1. Case 300 Thru 800 Series, Cat D-2 thru D-4, Deere 400 & 450, Dresser TD-7, TD-8 and TD-9, Fiat-Allis FD-5 Thru FD-7, Komatsu D21E Thru D37P, Liebherr PR711 & PR721.

2. Case 1150, Cat D-5, Deere 750, Dresser TD-12, Fiat-Allis FD9 & 10, Komatsu D58P, Liebherr PR731.

3. Case 1450 and 1550, Cat D-6, Deere 850, Dresser TD-15, Komatsu D63PE Thru D68P, Liebherr PR741.

4. Cat D-7 & 814, Dresser TD-20, Fiat-Allis 14 & FD14, Komatsu D83P, Terex 82-30

5. Cat D-8 & 824, Dresser TD-25, Fiat-Allis FD20 Komatsu D135A, Terex 82-40 Michigan 280, Raygo CHD 17 & CD-500.

6. Cat D-9 & 834, Fiat-Allis FD30, Raygo CHD 24 & CD 800.

7. Cat D-10, Dresser TD-40, Fiat-Allis FD40, Komatsu 375, Michigan 380, Raygo CDH 30.

8. Cat D-11, Fiat-Allis FD50, Komatsu 475
All types of self contained units, regardless of power (gas, diesel and lpg) or type of compression (reciprocating, screw and vane). The listed rates include

15.2 meters (50 lineal feet) of hose, all hose whips, fittings, couplings and any compressor attachments. Listed in accordance with mfr's rated capacity in liters per second (cubic feet per minute) at 7 bar (100 psi).

All types, pneumatically propelled, including attachments. Expendable carbon drill steel, bits and shanks shall be paid by separate invoice. Rated in accordance with the cylinder bore diameter in millimeters(inches).

All types including paving breakers, clay spades and diggers, sinker rock drills, trench diggers, sheeting/spike drivers, backfill tampers and hand held grinding tools. Expendable drill steel, bits and breakers points, grinding wheels and shanks shall be paid by separate invoice. Rated by tool weight in kilograms (pounds), determined in accordance with the mfr's specifications. [ AIRCP ]
[ AIRDL ]
[ AIRTO ]
DELAY FACTOR = 0.14 OVERTIME FACTOR = 0.87
DELAY FACTOR = 0.48 OVERTIME FACTOR = 0.57
DELAY FACTOR = 0.61 OVERTIME FACTOR = 0.42

PORTABLE

CRAWLER DRILLS

AIR TOOLS
Model

OVER TO

OVER TO
[ PORT ]
[ CLR ]
[ ATOL ]
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Clam action bucket 1 CY & Less
Clam action Over 1 CY to 2 CY
Clam action Over 2 CY to 3.5 CY
Clam action Over 3.5 CY to 5 CY
Clam action bucket Over 5 CY
Ripper on No. 1 models
Ripper on No. 2 models
Ripper on No. 3 models
Ripper on No. 4 models
Ripper on No. 5 models
Ripper on No. 6 models
Ripper on No. 7 models
Ripper on No. 8 models
Winch on No. 1 models
Winch on No. 2 models
Winch on No. 3 models
Winch on No. 4 models
Winch on No. 5 models
Lift gate
Pump, water truck only
Winch, truck
Gas welding hose per 15.2 m (50 lf)
Elec welding lead per 30.5 m (100 lf)
0 19 (40)
19 (40) 76 (160)
76 (160) 118 (250)
118 (250) 212 (450)
212 (450) 354 (750)
354 (750) 566 (1200)
566 (1200) 708 (1500)
0 100 (4)
100 (4) & Over
0 4.5 (10)

4.5 (10) 9.1 (20)

9.1 (20) 13.6 (30)

13.6 (30) 18.1 (40)

18.1 (40) 27.2 (60)

27.2 (60) & Over
C1
C2
C3
C4
C5
R1
R2
R3
R4
R5
R6
R7
R8
S1
S2
S3
S4
S5
TG
TP
TW
WH
WL
000-004
004-016
016-025
025-045
045-075
075-120
120-150
0-4
5 0-10
10-20
20-30
30-40
40-60
60 $5.68
$9.97
$14.44
$20.57
$28.45
$3.42
$4.47
$7.45
$8.41
$13.80
$21.82
$25.32
$42.23
$4.06
$6.05
$8.01
$10.28
$18.01
$1.17
$8.05
$0.43
$0.02
$0.25
$6.32
$23.51
$25.63
$44.84
$73.91
$108.40
$140.97
$34.74
$35.59
$0.54
$0.59
$1.06
$1.24
$1.35
$1.90

EQUIPMENT RENTAL RATE
NOTE--THE FOLLOWING RATES ARE IN EFFECT FROM APRIL 1, 2026 THROUGH MARCH 31, 2027 Item I.9
Packet Page 113
2 ASPHALT DIKE & SHOULDER PAVERS

ASPHALT PAVERS
Includes all attachments, accessories and automatic grade and line control.

Includes all attachments, accessories and automatic grade and line control. [ ASDSP ]
[ ASPAV ]
DELAY FACTOR = 0.11 OVERTIME FACTOR = 0.91
DELAY FACTOR = 0.17 OVERTIME FACTOR = 0.87
A.C. DIKE COMPANY

ASPHALT PAVING COMPANY

BLAW-KNOX
DELTA

BARBER-GREENE

BLAW-KNOX

CATERPILLAR

CEDAR RAPIDS
LAYTON
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ ACDC ]
[ APCO ]
[ B-K ]
[ DLTA ]
[ B-G ]
[ B-K ]
[ CAT ]
[ CEDR ]
[ LYTN ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
No. 1
No. 2
Nos. 43, 44
E-1
E-2, E3
RW-35 / 38
RW-85
RW-95
RW-100
RW-195D
DC-1
BG 220
BG 225
BG 240
BG 245
BG 260
BG 260B
BG 265
RT 435, 4wd
RT 445, 4wd
RT 455, 4wd
RT 455, 4wd, 10-20' screed
RT 465, 4wd
SA 125
SB 131
SB 140
SA 141
SA 145
SA 150
SB 170
PF-22
PF-35
PF-115
PF-120H
PF-171
PF-180
PF-180H
PF-200
PF-200, 18' screed
PF-220
PF-400A
PF-500
PF-500, 18' screed
PF-510, 18' screed
PF-3172, 18' screed
PF-3200
PF-5510
AP-200
AP-800
AP-1050
AP-1000
AP-1000 4wd
AP-1055B
AP-1055D
AP-1200
BSF-2H
BSF-3R
CR-351
CR-351 4wd
CR-361R (RUBBER TRACK)
CR-431
CR-551
CR-461
CR-561
F-525
D-550
H-500B
4050
4052
4054
4000
4002
4075
4077
4079
4081
4083
4095
0805
0810
0815
0820
0825
0826
0830
0905
0925
0945
0955
0965
1419E
1420
1425
1430
1432
1435
1440
1490
1550
1750
2010
2090
2100
2204
2250
2252
2300
2350
2404
2406
2407
2408
2410
2415
2420
2430
2431
2435
2436
2438
2438D
2440
2550
2600
2668A
2668B
2668R
2669
2670
2672
2674
2680
2682
2684
$95.36
$72.37
$91.52
$123.05
$220.96
$84.31
$47.65
$76.09
$123.43
$171.41
$170.57
$104.31
$112.11
$123.53
$133.75
$161.78
$202.53
$179.94
$133.15
$127.16
$125.13
$129.05
$168.24
$100.21
$123.82
$155.08
$107.30
$131.09
$167.16
$172.73
$47.31
$85.01
$128.91
$120.79
$180.06
$85.75
$189.75
$191.30
$194.33
$195.91
$168.03
$212.31
$215.55
$221.56
$181.30
$247.25
$259.25
$54.79
$133.14
$206.00
$202.25
$208.54
$255.12
$324.19
$172.12
$112.81
$126.36
$173.84
$178.84
$209.24
$147.15
$233.84
$231.61
$244.28
$26.83
$29.44
$7.49
Item I.9
Packet Page 114
3 ASPHALT WINDROW PICKUP MACHINE

AUGERS, CRAWLER MOUNTED

AUGERS, HORIZONTAL

AUGERS, TRUCK MOUNTED
Includes all attachments and accessories.

Includes carrier, attachments and accessories with up to 6.1 meters(20 feet) of auger flights. Consumable bits or tips to be paid by separate invoice.

Includes all attachments and accessories with up to 9.1 meters(30 feet) of auger flight, track and/or pipe pusher. Consumable bits or tips shall be paid by separate invoice. Power unit is included.

Includes truck/carrier, all attachments and accessories with up to 6.1 meters(20 feet) of auger flight. Consumable bits or tips shall be paid by separate invoice. [ ASPWP ]
[ AUGCL ]
[ AUGHZ ]
[ AUGTK ]
DELAY FACTOR = 0.07 OVERTIME FACTOR = 0.95
DELAY FACTOR = 0.27 OVERTIME FACTOR = 0.75
DELAY FACTOR = 0.26 OVERTIME FACTOR = 0.76
DELAY FACTOR = 0.21 OVERTIME FACTOR = 0.81
ATHEY

BARBER-GREENE

CATERPILLAR

CLARK'S WELDING COMPANY
C.M.I.

BAYSHORE
TEXOMA
WATSON

AKKERMAN

AMERICAN AUGER

BORZALL

DITCH WITCH

ATLANTIC

CALWELD
HUGHES
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ ATHY ]
[ B-G ]
[ CAT ]
[ CLAR ]
[ CMI ]
[ BYSH ]
[ TXMA ]
[ WATS ]
[ AKMN ]
[ AMAU ]
[ BORZ ]
[ D-W ]
[ ATLN ]
[ CALW ]
[ HUGH ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
7-11
BG-610H
WE-601B
500
601
Lincoln 660
851
8400 TD limited access
TAURUS
700CL
2000CM
2500CM
3000CM
3100CM
360
420 series 1250
36-350
2300-10
4265-10
2510
LDH-80
LDH-100
LLDH-80
LLDH-120
150-A
200
4500LH
EZ 112
EZ 120
LDH-100
LDH-80
LLDH-120
LLDH-80
5000
5100
5200
5300
5304
5305
5405
1500
2010
2100
2500
2505
2510
2515
5000
5002
5014
5040
5042
5040
5000
5005
5010
5015
5050
5052
5054
5070
5071
5072
5074
5076
5078
$117.25
$78.71
$89.80
$68.26
$64.92
$119.77
$113.66
$136.37
$279.65
$157.87
$123.95
$190.15
$215.74
$223.23
$121.27
$124.32
$35.01
$12.29
$17.18
$53.59
$200.32
$169.81
$216.26
$230.01
$120.39
$141.60
$237.39
$72.93
$82.35
$131.60
$129.99
$190.46
$177.16
Item I.9
Packet Page 115
4 BITUMINOUS DISTRIBUTORS

BROOMS & SWEEPING EQUIPMENT

BRUSH CHIPPING & SHREDDING

MACHINES

COMPACTORS, HAND GUIDED
Includes all equipment for handling bituminous materials under pressure.

Includes pumps, spray bars and other attachments and accessories.

Includes all attachments and accessories with brooms of any type. Includes broom wear.

Includes all attachments, accessories and power unit. Rated in accordance with the cutter head width in millimeters(inches)
Includes pan, vibrating plate, rammer and jumping jack type compactors(gas or diesel). Includes all attachments and accessories. Listed in accordance with the weight in kilograms(pounds)
[ BITDT ]
[ BRMSW ]
[ BRUCP ]
[ COMHG ]
DELAY FACTOR = 0.13 OVERTIME FACTOR = 0.88
DELAY FACTOR = 0.15 OVERTIME FACTOR = 0.86
DELAY FACTOR = 0.08 OVERTIME FACTOR = 0.93
DELAY FACTOR = 0.19 OVERTIME FACTOR = 0.82
P.D.E.

TEXOMA
WATSON

TRAILER MOUNTED

TRUCK MOUNTED

BROOMS - MOUNTED & TOWED

BROOMS - SELF PROPELLED

SWEEPERS - SELF PROPELLED,

PICK UP

BRUSH CHIP & SHRED

COMPACTORS
Does not include towing unit. Capacity rated in liters (U.S. gallons).

Including truck. Capacity rated in liters (U.S. gallons).

Includes traction, PTO or engine driven.

Rated in accordance with hopper size in cubic meters (cubic yards).

Model
Model
Model

OVER TO

OVER TO
Model
Model

OVER TO

OVER TO
[ PDE ]
[ TXMA ]
[ WATS ]
[ TLMD ]
[ TRMD ]
[ MTTD ]
[ SFPR ]
[ SWSP ]
[ BCSM ]
[ COMP ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
M -100
M-400 with hammer
Economatic 115
Super Economatic
80 270
330
330 with hammer
500 with hammer
600
700
1000
2000
3000
0 1136 (300)
0 3028 (800)
3028 (800) 5299 (1400)
5299 (1400) 6831 (1800)
6831 (1800) 11355 (3000)
11355 (3000) 15140 (4000)
ALL
ALL
0 2.3 (3.0)

2.3 (3.0) 4.6 (6.0)

4.6 (6.0) 6.9 (9.0)
0 230 (9)
230 (9) 300 (12)
300 (12) 405 (16)
0 113 (250)
113 (250) & Higher
5084
5085
5087
5089
5090
5093
5095
5095B
5096B
5097
5099
6010
6012
6014
0-300
00-08
08-14
14-18
18-30
30-40
ALL
ALL
0-3
3-6
6-9
00-09
09-12
12-16
0-250
250
$56.26
$40.53
$119.75
$122.76
$153.65
$120.35
$126.43
$140.86
$142.79
$148.59
$224.51
$106.95
$186.68
$202.54
$9.24
$93.23
$116.26
$119.12
$121.59
$126.84
$38.89
$56.81
$131.18
$174.66
$204.13
$39.12
$60.97
$60.13
$5.15
$12.48
Item I.9
Packet Page 116
5 CONCRETE MIXERS

CONCRETE PUMPS

CONCRETE SLIPFORM PAVERS

CONCRETE VIBRATORS

CURB EXTRUSION MACHINES

CONCRETE BARRIER SLIPFORM
PAVERS
Includes truck/carrier or self powered trailer mounted units. Including attachments, accessories and hoses.

Includes all attachments and accessories. Detached, independently powered finished bridges or spray/tyne machines are not included.

Includes all attachments and accessories. Includes vibrator motor but independent power, whether air or electric, shall be paid as a separate item.

Self propelled for asphalt or concrete curb and gutter section. Includes attachments, accessories and molds. Rated by Mfr's maximum width recommendations in millimeters (inches).

Includes all attachments, accessories and barrier or curb molds. [ CONMX ]
[ CONPM ]
[ CONSF ]
[ CONVB ]
[ CRBEX ]
[ CRBSF ]
DELAY FACTOR = 0.12 OVERTIME FACTOR = 0.89
DELAY FACTOR = 0.15 OVERTIME FACTOR = 0.86
DELAY FACTOR = 0.18 OVERTIME FACTOR = 0.85
DELAY FACTOR = 0.33 OVERTIME FACTOR = 0.69
DELAY FACTOR = 0.23 OVERTIME FACTOR = 0.82
DELAY FACTOR = 0.20 OVERTIME FACTOR = 0.84

STATIONARY OR PORTABLE

TRANSIT MIX
ELBA
MAYCO

SCHWING

THOMSEN
C.M.I.

GOMACO

CONCRETE VIBRATORS

CURB EXTRUSION MACHINE
C.M.I.

CURBMASTER
Rated by Mfr's capacity in cubic meters (sacks or cubic feet).

PTO type, including carrier. Rated by Mfr's capacity in cubic meters (cubic yards).

OVER TO

OVER TO
Model
Model
Model
Model
Model
Model
Model

OVER TO
Model
Model
[ SORP ]
[ TRMX ]
[ ELBA ]
[ MACO ]
[ SHWG ]
[ THOM ]
[ CMI ]
[ GOMA ]
[ CVIB ]
[ CEM ]
[ CMI ]
[ CURB ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
0 0.10 (3.5)

0.10 (3.5) 0.17 (6.0)

0.17 (6.0) 0.31 (11)

0.31 (11) 0.45 (16)

6.4 (9) 7.6 (10)

7.6 (10) 9.2 (12)
K-8020
C-30HD
LST-30/60S
BPA-1000
WP-1000X
WP-1250X
900-1200 w/28 m boom
900-1200 w/32 m boom
BPL 1200 w/36 m boom
A-3.75 w/ mixer
A-7
11 pump w/28 m boom
12 pump w/32 m boom
14 pump w/36 m boom
SF-250
SF-350 series 2
SF-550
GP-2000
GP-2500
GP-3500
Each Vibrating Head
0 460 (18)
460 (18) & Over
SF-175
CMT-800
0-3.5

03.5-6
06-11
11-16
09-10
10-12
1000
1020
1024
1050
1052
1054
1055
1057
1058
1070
1072
1078
1082
1084
2002
2004
2006
2020
2022
2024
EVHD
0-18
18 PLUS
3000
3020
$2.80
$4.09
$5.27
$7.49
$195.64
$195.09
$116.92
$21.47
$36.24
$41.07
$57.15
$74.19
$110.68
$132.03
$141.13
$28.51
$25.67
$137.84
$145.49
$194.46
$185.87
$290.79
$393.97
$189.37
$213.82
$301.30
$1.36
$43.88
$126.66
$136.50
$83.46
Item I.9
Packet Page 117
6 ELECTRIC GENERATORS & LIGHT
PLANTS

ELECTRIC POWERED HAND TOOLS

FORK LIFT TRUCKS

GRADERS
Rates are for gas or diesel power and alternating or direct current.

Includes electric powered, hand held tools not listed elsewhere in this book.

Expendable bits, blades, discs, wheels, etc. shall be paid by separate invoice.

Rated in accordance with Mfr's suggested retail price.

Includes attachments and accessories. Listed in accordance with the Mfr's maximum rated capacity in kilograms(pounds).

Includes ripper and scarifier attachments and all accessories. Electronic blade control and specialty cutting tools shall be paid separately. [ ELGEN ]
[ ELTOL ]
[ FKLFT ]
[ GRADR ]
DELAY FACTOR = 0.13 OVERTIME FACTOR = 0.88
DELAY FACTOR = 0.61 OVERTIME FACTOR = 0.42
DELAY FACTOR = 0.22 OVERTIME FACTOR = 0.80
DELAY FACTOR = 0.11 OVERTIME FACTOR = 0.90
GOMACO

MILLER FORMLESS

GENERATOR
LIGHTS
TOOLS

FORK LIFT TRUCKS

BLADE-MOR

CATERPILLAR
Rated in accordance with Mfr's output in kilowatts.

Includes trailer, pole and generator.

Model
Model

OVER TO
Model

OVER TO

OVER TO
Model
Model
[ GOMA ]
[ MILL ]
[ GEN ]
[ LITE ]
[ TOOL ]
[ FLT ]
[ BMOR ]
[ CAT ]
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
GT-6000-(78&90)

COMMANDER II

COMMANDER III
M-7500
M-8100
M-8800
0 1
1 3
3 7.5

7.5 15
15 25
25 50
50 100
100 200
200 300
300 400
400 500
2 Light Set
4 Light Set
450 600
600 800
800 1000
454 (1000) 1814 (4000)
1814 (4000) 2722 (6000)
2722 (6000) 3629 (8000)
3629 (8000) 5443 (12000)
5443 (12000) 7258 (16000)
7258 (16000) 9072 (20000)
9072 (20000) 11340 (25000)
11340 (25000) 13608 (30000)
13608 (30000) 18144 (40000)
18144 (40000) 22680 (50000)
22680 (50000) 34020 (75000)
727
747
120G 87V serial
130G 74V serial
12E 99E serial
12F 73G serial
12F 13K serial
12F 89H serial
12G 61M serial
12H
14E 72G serial
14G
14H
140 14U serial
140G 72V serial
140H
140M
143H
16 49G serial
16 49G800 serial
16 G93U serial
3040
3045
3050
3063
3065
3067
000-001
001-003
003-008
008-015
015-025
025-050
050-100
100-200
200-300
300-400
400-500
2 LIGHT
4 LIGHT
045-060
060-080
080-100
010-040
040-060
060-080
080-120
120-160
160-200
200-250
250-300
300-400
400-500
500-750
2173
2178
2685
2695
2710
2768
2826
2884
2890
2895
3174
3180
3185
3250
3260
3265
3266
3267
3290
3348
3360
$94.40
$106.69
$148.55
$110.84
$155.60
$192.81
$1.07
$2.48
$5.12
$11.49
$18.00
$18.30
$32.74
$65.78
$111.52
$152.25
$190.91
$5.31
$10.88
$0.39
$0.52
$0.66
$38.06
$50.66
$57.15
$79.02
$83.28
$97.62
$96.79
$106.68
$136.19
$163.74
$223.59
$32.85
$47.01
$86.23
$95.22
$63.03
$95.51
$72.72
$73.24
$97.12
$110.58
$97.80
$144.62
$158.97
$98.91
$105.40
$111.76
$174.32
$124.70
$127.42
$186.42
$200.93
Item I.9
Packet Page 118
7 HAMMERS, DEMOLITION & PILE
Includes attachments, accessories and power unit. Does not include carrier. [ HAMMR ]
DELAY FACTOR = 0.21 OVERTIME FACTOR = 0.81

JOHN DEERE
GALION

KOMATSU
ABI

AMERICAN PILE DRIVING

EQUIPMENT

ALLIED STEEL & TRACTOR
DELMAG
FOSTER

HYDRAULIC POWER SYS
I.C.E.

KENT
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ DEER ]
[ GALN ]
[ KOMA ]
[ ABI ]
[ APE ]
[ AS&T ]
[ DELM ]
[ FOST ]
[ HPSI ]
[ ICE ]
[ KENT ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
16H
160H
163H
JD-570A
JD-570B
JD-670
JD-670A
JD-670CH
JD-770
JD-770A, 770A-H
JD-770B
JD-772CH
A-400E
T-400A
T-500C
T-500L
T-500M
GD 505A-2
GD 515A-1
GD 605A-2
GD 615A-1
GD 625A-1C
GD 655A-2
HVR-60
150
180
200/500
300 VIBRO
400B VIBRO
800
HYRAM 720
HYRAM 725
HYRAM 730
HYRAM 740
HYRAM 750
HYRAM 77
HYRAM 770
HYRAM 780
HYRAM 790
HYRAM 88
D-12
D-16
D-22
D-30
D-30-32
D-36-32
D46-32
D62-22
D100-13
1700
4030
FNV-1800
FNV-4150
150
260
300
44-50
216
416L
812
KHB10G
KHB 15G
KHB 30G
KHB 40G
3380
3385
3390
3890
3892
3900
3905
3907
3910
3915
3916
3930
4940
4980
5150
5204
5210
8980
8986
9000
9005
9007
9010
0100
0010
0050
0060
0075
0085
0300
0310
0320
0330
0340
0350
0360
0370
0380
0390
0400
0500
0510
0520
0530
0540
0560
0570
0580
0590
0600
0630
0660
0693
0420
0430
0440
0450
0460
0470
0480
0700
0710
0750
0760
$211.38
$131.74
$137.78
$57.01
$65.51
$75.22
$81.75
$104.36
$85.50
$99.34
$107.23
$126.90
$80.28
$77.47
$89.82
$90.01
$92.34
$83.85
$86.21
$92.68
$99.55
$126.44
$103.30
$45.25
$192.32
$268.54
$297.15
$333.28
$533.85
$65.42
$7.48
$14.84
$17.48
$25.06
$27.42
$11.00
$26.53
$44.35
$56.38
$18.05
$27.33
$41.63
$66.19
$49.08
$70.67
$91.70
$109.22
$176.98
$281.72
$166.12
$232.70
$135.33
$297.66
$115.89
$183.66
$220.35
$278.05
$99.48
$165.97
$262.91
$23.73
$35.91
$35.91
$62.90
Item I.9
Packet Page 119
8 HYDRAULIC CRANES & EXCAVATORS,

CRAWLER MOUNTED
Includes all attachments and accessories required for lifting or digging.

Pavement breaker or compactor attachments are not included. [ HCECL ]
DELAY FACTOR = 0.17 OVERTIME FACTOR = 0.85
NPK
OKADA
RAMMER

STANLEY

TELEDYNE
TRAMAC
TUNKER
VULCAN
BANTAM
CASE

CATERPILLAR
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ NPK ]
[ OKAD ]
[ RAMR ]
[ STAN ]
[ TELD ]
[ TRMC ]
[ TUNK ]
[ VULC ]
[ BANT ]
[ CASE ]
[ CAT ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
4XE
6XA
H-10XB
H-12X
H-16X
H-20X
H4X,HXA
H7X
UB-5
UB-8
S-84
S-86
MB250
MB2900
MB4900
MB550
MB800
950X
TB1025
TB1425X
TB2225X
TB425
TB825X
BRH1100
BRH125
BRH250
BRH400
BRH620
BRH750
BRV950

40.01 40.05

60.05 1
010
100C
2300
80C
C 266
C 366
C 744
9030B
9040
9060B
40E E-Boom
40E Y-Boom
50E
125B
170C
220B
880B Y-Boom
980B
1080
1080B
1280
1280B
303.5E CR
304 CR
305C CR
308E2 CR SB
308DCR
312
0795
0800
0810
0815
0820
0840
0860
0880
0900
0950
1000
1050
1100
1120
1140
1160
1180
1190
1195
1200
1220
1240
1260
1300
1310
1320
1330
1340
1350
1360
1400
1450
1460
1500
1520
1540
1560
1580
0680
0690
1075
0100B
0110
0120B
1600
1601
1602
1602H
1602N
1602R
1609
1615
1615E
1615J
1616
1616E
0100
0200
0250
0270
0271
0300
$20.24
$15.77
$43.86
$43.27
$37.90
$40.56
$13.72
$16.44
$9.43
$18.90
$36.79
$40.03
$7.90
$28.28
$49.99
$12.41
$18.20
$41.51
$45.91
$41.29
$77.06
$17.47
$29.71
$45.18
$14.28
$15.22
$14.58
$30.39
$25.46
$26.70
$198.87
$198.87
$181.11
$30.35
$44.64
$47.86
$178.30
$37.05
$103.72
$119.67
$77.17
$113.85
$117.70
$240.93
$95.29
$95.70
$120.73
$95.91
$135.05
$171.10
$68.17
$105.46
$93.28
$94.96
$126.64
$120.11
$36.80
$38.25
$52.03
$57.50
$50.36
$60.85
Item I.9
Packet Page 120
9 JOHN DEERE
DROTT

FIAT-ALLIS
Model
Model
Model
[ DEER ]
[ DROT ]
[ F-A ]
Code
Code
Code
Rate
Rate
Rate
312C
312CL
314CL CR
315L
320
320BL
320C
320CL
320L
321C LCR
321D LCR
322L
323F L
325
325BL
325L
328D LCR
330BL
330CL
330D L
330L
335F L CR
336EL
336F
345BL
350L
375L
205
211
213
215
215B LC
215C
215D
225
225LC
225D LC
227
229
231D
231DLC
235
235B
235 Front Shovel
235B Front Shovel
235C
235DLC
245
245B
245 Front Shovel
245B Front Shovel
E 180
EL 180
EL 200B
E 240
EL 240
E 300
E 300B
EL 300
EL 300B
225D LC
330C LC
450LC
490
490E
690A
690B
690C
690D
690E LC
790
790D
790E LC
792
890
890A
892D LC
990
992D LC
30 50
70 200LC
35D E boom
35D Y boom
40D E boom
40D Y boom
50D
FE 18
FE 20 HD
FE 20 LC
FE 28
0300C
0300CL
0302CLR
0305
0310
0312
0312C
0312CL
0315
0320R
0321R
0325
0326
0330
0335
0340
0343DR
0345
0345CL
0345DL
0350
0350E
0351E
0351F
0355
0360
0365
1617
1617E
1617H
1618
1619E
1619F
1619G
1620
1621
1622
1623
1625
1630
1635
1640
1642
1645
1647
1648
1649
1650
1650B
1652
1652B
1653
1654
1654E
1655
1656
1657
1657B
1658
1658B
1575D
1600C
1645
1660
1660E
1685
1695
1697
1697D
1697ELC
1698
1698D
1698ELC
1699
1700
1705
1708
1720
1722
1725
1730
1735
1745
1835
1845
1930
1965
2005
9000
9010
9020
9030
$72.81
$73.00
$74.00
$73.40
$96.41
$100.84
$113.45
$126.52
$97.90
$136.10
$135.09
$119.67
$130.61
$127.11
$146.84
$131.97
$169.44
$180.53
$196.50
$231.24
$167.61
$196.33
$233.53
$226.05
$232.76
$245.02
$385.19
$41.15
$62.63
$68.77
$68.46
$77.17
$84.97
$94.02
$98.24
$98.77
$123.51
$101.92
$132.99
$151.34
$152.96
$154.85
$172.09
$164.93
$183.50
$196.51
$202.58
$260.51
$287.34
$272.64
$303.23
$83.06
$84.24
$89.19
$106.41
$107.93
$133.68
$148.30
$135.65
$150.42
$129.63
$185.80
$225.77
$51.27
$64.09
$74.02
$88.09
$81.61
$84.84
$96.37
$102.54
$108.22
$117.44
$120.99
$164.21
$148.08
$137.70
$177.51
$197.87
$24.87
$39.80
$36.10
$109.43
$71.74
$72.17
$91.49
$96.78
$118.21
$63.49
$79.85
$75.85
$107.13
Item I.9
Packet Page 121
10 GRADALL

HITACHI

HYUNDAI

INTERNATIONAL
KATO

KOBELCO

KOEHRING

KOMATSU
Model
Model
Model
Model
Model
Model
Model
Model
[ GRAD ]
[ HIT ]
[ HYUN ]
[ INTL ]
[ KATO ]
[ KOBL ]
[ KOEH ]
[ KOMA ]
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
FE 40 L
G 660
G 660B
G 660C
G 880B
G 880C
G 1000
XL4200
XL5200
UH 07LC
UH 062
UH 172
UH 122
EX 150
EX 200 LC
EX 270 LC
EX 300LC-2
EX 300LC-3
EX 330LC-5
EX 370-5
EX 400 LC
EX 450LC-5
EX 550LC
EX 700
EX 750-5
EX 1100
200LC
210LC-3
280LC
290LC
450LC
630
640 HD
650 HD
HD450 VII
HD700 VII LC
HD1250 VII LC
SK200LC MARK III
K 903B
K 904D
K 904E
K 904 Mark II
K 905
K 905A LC
K 907C
K 907D
K 907 LC
K 909A
K 909 LC
K 912A
K 914
K 916
SK270LC MARK IV
SK400LC MARK IV
366 post 1980
466E
566
666, 666E
866, 866E
6611
6614
6612
6620
6625
6633
6644
PC 120-5
PC 138US LC-10
PC 150-1
PC 150-3
PC 200 LC-2
PC 200-5
PC 200 LC-3
PC 200 LC-5
PC 220 LC-2
PC 220 LC-3
PC 220 LC-5
PC 220 LC-6
PC 220 LC-7
PC 280 LC-3
9040
0150
0160
0170
0210
0215
0230
0260
0280
2630
2660
2695
2750
2797
2800
2806
2807
2807A
2807B
2807F
2808
2808K
2809
2810
2815
2880
2950
2952C
2960
2970
3010
4250
4260
4280
3050
3060
3080
4687
4688
4693
4694
4694A
4695
4697
4700
4702
4704
4710
4711
4712
4715
4717
4720
4725
4752
4990
5160
5225
5235
6000
6005
6010
6015
6020
6029
6040
9485
9486
9490
9495
9500
9504
9505
9506
9510
9515
9516
9516F
9516G
9517
$182.07
$85.85
$110.51
$111.28
$117.55
$111.82
$186.62
$115.07
$139.66
$83.29
$93.94
$164.56
$110.17
$75.17
$92.25
$134.34
$160.18
$163.81
$188.00
$187.58
$212.09
$257.48
$304.90
$363.51
$406.00
$476.71
$92.92
$111.70
$138.20
$143.26
$213.14
$66.77
$86.78
$96.10
$62.76
$90.54
$153.30
$97.14
$46.35
$49.87
$52.42
$51.96
$56.28
$60.46
$80.71
$86.76
$87.53
$112.48
$115.09
$133.38
$158.10
$177.57
$136.79
$241.22
$139.83
$161.10
$172.84
$219.10
$253.96
$51.86
$63.60
$61.84
$88.52
$107.53
$153.98
$203.28
$65.38
$99.78
$59.60
$72.83
$74.36
$95.54
$88.82
$96.47
$95.98
$110.32
$118.89
$127.59
$137.37
$124.79
Item I.9
Packet Page 122
11 LINK-BELT

MASSEY FERGUSON

MITSUBISHI

NORTHWEST
P&H

TAKEUCHI
Model
Model
Model
Model
Model
Model
[ L-B ]
[ M-F ]
[ MITS ]
[ NW ]
[ P&H ]
[ TAKU ]
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
PC 300 LC-1, LC-2
PC 300 LC-3
PC 300 LC-5
PC 300 LC-6
PC 300 LC-7
PC 360 LC-3
PC 400 LC-1
PC 400 LC-3
PC 400 LC-5
PC 400 LC-6
PC 600 LC-6
PC 650-1
PC 650-1 Front Shovel
PC 650-3
PC 750-6
PC 1000-1
PC 1000 LC-1
PC 1100 LC-6
LS 1600
LS 2650
LS 2700C II
2700 QUANTUM
LS 2800
LS 2800A
LS 2800A PL
LS 2800 PL
LS 2800B
LS 3400
LS 3400C II
LS 4300
LS 4300C II
LS 4800
LS 4800 PL
LS 5400
LS 5800
LS 5800A
LS 5800C II
LS 6400
LS 7400
LS 7400A
MF 450D
MF 450S
MS 090
MS 180-3
MS 180 LC-8
MS 230 LC-3
MS 240 LC-8
MS 280-2
MS 380-2
MS 450-8
35 DH
45 DH
55 DH
55 DH Series II
H 750
H 1250
H 1750
H 2500
HS 2500
TB 15
TB 025
TB 045
TB 070
TB 10S
TB 35S
TB 68S
TB 800
9520
9525
9526
9526A
9526B
9527
9530
9535
9536
9537
9539
9540
9550
9552
9555
9560
9565
9575LC
5390
5395
5398
5399
5400
5402
5404
5405
5410
5475
5477
5660
5662
5750
5755
5805
5810
5812
5814
5820
5830
5840
6245
6250
6290
6295
6296
6300
6305
6310
6320
6330
6335
6340
6345
6360
6628
6630
6635
6645
6650
7686
7686A
7686E
7686H
7688
7690
7692
7695
$124.34
$146.51
$164.80
$179.66
$201.56
$165.92
$167.59
$195.87
$217.22
$244.28
$335.63
$305.08
$320.30
$321.03
$403.77
$481.56
$494.53
$553.61
$39.71
$55.38
$73.80
$80.40
$65.09
$73.79
$64.44
$61.52
$81.59
$107.52
$113.89
$135.47
$149.30
$155.28
$141.18
$182.04
$188.50
$198.51
$207.15
$278.54
$281.38
$337.33
$53.44
$57.93
$37.49
$71.85
$81.43
$93.72
$101.37
$114.92
$160.50
$186.71
$148.18
$160.14
$167.94
$293.74
$69.91
$118.90
$145.09
$186.83
$191.78
$16.11
$27.54
$45.58
$45.17
$12.97
$26.06
$36.91
$18.17
Item I.9
Packet Page 123
12 HYDRAULIC CRANES & EXCAVATORS,
SELF PROPELLED.

Includes all attachments and accessories required for lifting or digging.

Pavement breaker or compactor attachments are not included. [ HCESP ]
DELAY FACTOR = 0.13 OVERTIME FACTOR = 0.88

BUCYRUS-ERIE
BADGER
CASE

CATERPILLAR

GRADALL
GROVE
Model
Model
Model
Model
Model
Model [ B-E ]
[ BAGR ]
[ CASE ]
[ CAT ]
[ GRAD ]
[ GROV ]
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
300C/SP
320C
360C
4425/30
4435
4435B
4435C
4445
4450
4450B
4455
40E E-Boom, Cruz Air
40E Y-Boom, Cruz Air
40F E-Boom, Cruz Air
40F Y-Boom, Cruz Air
45 E-Boom, Cruz Air
45 Y-Boom, Cruz Air
45B E-Boom, Cruz Air
45B Y-Boom, Cruz Air
880R E-Boom
880R Y-Boom
1085 E-Boom, Cruz Air
1085 Y-Boom, Cruz Air
1085B Y-Boom, Cruz Air
1285 E-Boom, Cruz Air
1285 Y-Boom, Cruz Air
3330 Low Profile
3330B
206
212
214
224
G 3WD, 4x4
24 36
68 1012
2535
RT-48
RT-49
RT-58
RT-418
RT-420
RT-422
RT-500D
RT-525
RT-525B
RT-525C
RT-527.5
RT-528B
RT-528C
RT-60
RT-60S
RT-515
RT-518
RT-520
RT-522
RT-522C
RT-625
RT-630
RT-630B
RT-635
RT-65 S
RT-740
RT-745
RT-75 S
RT-755
RT-760
RT-865
RT-865B
RT-875
RT-980
RT-990
RT-9100
1670
1672
1678
1565
1570
1573
1573C
1574
1575
1577
1579
1685
1687
1687H
1687K
1688
1689
1689H
1689K
1690
1695
1696E
1696Y
1696Z
1697E
1697Y
1698E
1698H
1699
1699E
1699H
1699J
0110
3820
3830
3850
3870
3880
4030
4115
4285
4354
4356
4358
4359
4360
4362
4363
4365
4370
4372
4520
4540
4606
4607
4608
4609
4609G
4630
4635
4637
4640
4700
4710
4715
4720
4725
4727
4730
4732
4735
4750
4760
4790
$85.69
$85.89
$86.24
$114.57
$127.04
$128.53
$136.65
$170.89
$134.07
$141.35
$171.65
$73.15
$73.38
$75.51
$76.35
$94.95
$99.95
$100.08
$100.85
$66.43
$66.56
$75.33
$75.64
$84.93
$96.14
$96.30
$38.98
$39.24
$51.85
$66.65
$72.03
$88.56
$110.49
$42.10
$69.45
$78.81
$93.11
$123.23
$73.09
$73.39
$74.68
$88.13
$88.13
$88.13
$121.73
$84.75
$87.79
$106.12
$85.64
$87.79
$106.64
$86.83
$88.84
$84.49
$86.52
$88.11
$87.32
$103.88
$94.73
$94.73
$100.33
$108.79
$115.07
$126.87
$157.30
$121.37
$135.44
$191.03
$166.72
$225.12
$205.10
$198.32
$227.17
$283.87
Item I.9
Packet Page 124
13 KOMATSU

LINK-BELT
LORAIN
P&H

PETTIBONE
Model
Model
Model
Model
Model
[ KOMA ]
[ L-B ]
[ LORN ]
[ P&H ]
[ PET ]
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
PW 210-1
HSP 15
HSP 18
HSP 20
HSP 22
HSP 25
HSP 8015
HSP 8018
HSP 8018XL
HSP 8018C
HSP 8025
HSP 8025 S
HSP 8030
HSP 8035
HSP 8040
HSP 8050
HSP 8055
HSP 8060
LRT 15H
LRT 15U
LRT 18U
LRT 35U
LRT 40U
LRT 150
LRT 150D
LRT 180
LRT 180D
LRT 200
LRT 200D
LRT 220
LRT 230
LRT 230D
LRT 250
LRT 250D
LRT 275
LRT 275D
LRT 330
LRT 400
LRT 450
LRT 500
LRT 550
OMEGA 14
OMEGA 15
OMEGA 18
OMEGA 25
OMEGA 20
OMEGA 23
OMEGA 30
OMEGA 35
OMEGA 40
OMEGA 45
OMEGA 50
OMEGA 60
OMEGA 65
OMEGA 114
OMEGA 114D
OMEGA 118
OMEGA 118D
OMEGA 120
OMEGA 120D
OMEGA 122
OMEGA 122D
OMEGA 125
OMEGA 128
R 150
R 150-1
R 180
R 200
OMEGA S-15
OMEGA S-18
OMEGA S-20
S-35
16 MK P Series
20 MK P Series
25 25 MK P Series
29 MK P Series
30 30 MK P Series
30 SC, 30 SC P Series
60 SC
60 SC P Series
70 70 SC
70 SC P Series
80 MK P Series
9580
5500
5505
5510
5530
5535
5538
5538E
5538G
5538H
5538P
5538PF
5538Q
5538R
5538S
5538T
5538V
5539
5730
5735
5740
5745
5750
5755
5756
5760
5760D
5765
5765D
5767
5768
5768D
5769
5769D
5770
5770D
5772
5773
5774
5775
5790
5790
5792
5794
5795
5796
5796E
5796J
5796P
5797
5797E
5797J
5798
5799
5799C
5799G
5799Q
5799S
5799U
5799W
5799X
5799Y
5799Z
5799ZA
5890
5910
5975
6060
6062
6063
6064
6064E
6500
6580
6740
6750
6880
6900
6903
6910
6990
6995
7100
7165
7170
7250
$118.42
$83.27
$83.27
$89.57
$91.05
$96.21
$94.05
$94.05
$115.19
$84.71
$98.46
$99.00
$112.62
$162.49
$162.64
$164.91
$150.09
$179.34
$85.03
$86.31
$86.83
$126.00
$127.08
$84.08
$99.83
$84.02
$99.83
$83.74
$100.00
$86.43
$90.17
$100.03
$90.20
$100.03
$90.20
$100.03
$117.95
$134.37
$137.70
$140.92
$146.49
$79.27
$79.27
$79.72
$105.48
$80.44
$83.35
$108.05
$109.07
$146.43
$148.26
$149.73
$156.40
$180.90
$89.11
$87.05
$90.71
$87.20
$92.44
$87.95
$93.49
$88.56
$93.88
$92.39
$68.33
$67.81
$68.67
$69.01
$108.40
$108.40
$111.14
$154.47
$73.85
$74.52
$70.68
$75.34
$76.43
$70.68
$77.48
$109.87
$115.74
$123.21
$122.28
$123.02
$129.58
$120.12
Item I.9
Packet Page 125
14 HYDRAULIC CRANES & EXCAVATORS,
TRUCK MTD. W/ CARRIER
Includes truck/carrier. Includes all attachment and accessories required for lifting or digging. Pavement breaker or compactor attachments are not included.
[ HCETD ]
DELAY FACTOR = 0.12 OVERTIME FACTOR = 0.89
R.O. PRODUCTS

BUCYRUS-ERIE
BADGER
BANTAM

DEVAULT

GRADALL
GROVE
HIAB

KOEHRING

LINK-BELT
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ ROP ]
[ B-E ]
[ BAGR ]
[ BANT ]
[ DVUT ]
[ GRAD ]
[ GROV ]
[ HIAB ]
[ KOEH ]
[ L-B ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
80 SC P Series
MC 5A
MC 50B
MC 50C
25 XC
30 XC
40 C
60 XC
65 C
90 XC
300 Hydro-Scopic
460 Hydro-Scopic
666 Hydro-Scopic
888 Hydro-Scopic
T 744 Teleskoop
T 888
T 888B
TK 15-10
G 3W
G 660
G 660B
G 660C
G 800
G 880B
G 880C
G 1000
TD 520
TD 522
TD 525
TMS 250
TMS 250A
TMS 250B
TMS 250C
TMS 300
TMS 300B
TMS 760
TMS 865
TM 875
TMS 875
TM 890
TM 1075
100 AW
1165
170 thru 174
175 thru 177
550, 5501
650
4460 Teleskoop
4465 Teleskoop
4470 Teleskoop
4475 Teleskoop
HTC 14
HTC 25
HTC 35
HTC 50
HTC 50W
HTC 814
HTC 814XL
HTC 822 S
HTC 825
HTC 825 S
HTC 830
HTC 835
HTC 835XL
HTC 840
HTC 850
7260
8005
8175
8260
1360
1370
1475
1590
1592
1600
0550
0555
0560
0600
1285
1310
1315
1900
0120
0170
0180
0190
0210
0220
0230
0240
2221
2223
2224
2850
2860
2870
2875
2922
2923
3180
3378
3380
3385
3387
3390
3850
3852
3854
3855
3857
3859
4400
4405
4410
4415
4505
4507
4509
4510
4520
4530
4531
4532
4535
4536
4537
4539
4539C
4539E
4539G
$121.60
$46.12
$72.85
$74.25
$100.79
$101.47
$92.62
$162.30
$140.08
$174.47
$68.99
$84.19
$126.87
$132.86
$81.75
$121.10
$142.03
$63.11
$85.98
$82.94
$108.70
$104.56
$73.66
$117.47
$112.81
$122.31
$127.88
$127.88
$128.83
$119.21
$119.72
$119.72
$162.73
$142.26
$160.78
$246.21
$184.36
$211.68
$212.55
$225.23
$189.91
$58.62
$54.94
$53.35
$53.51
$56.86
$57.85
$83.29
$84.57
$98.12
$99.39
$116.69
$116.69
$127.00
$169.61
$163.28
$151.07
$156.35
$142.61
$134.37
$143.73
$153.12
$161.28
$182.06
$185.70
$191.11
Item I.9
Packet Page 126
15 HYDRAULIC CRANES & EXCAVATORS,
TRUCK MTD. LESS CARRIER.

Includes all lifting and digging attachments and accessories. Truck/carrier to be paid separately. Pavement breaker or compactor attachments are not included.
[ HCETG ]
DELAY FACTOR = 0.09 OVERTIME FACTOR = 0.92
LORAIN

MANITEX

NATIONAL
P&H
PITMAN
R.O. PRODUCTS

BUCYRUS-ERIE
GALION
GROVE
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ LORN ]
[ MANX ]
[ NATL ]
[ P&H ]
[ PIT ]
[ ROP ]
[ B-E ]
[ GALN ]
[ GROV ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
HTC 855
HTC 860
HTC 1040
HTC 1050
HTC 1055
HTC 1060
HTC 11100
MCH 140
MCH 150
MCH 180
MCH 300
MCH 350
MCH 400
MCH 500
1161
1770
2284
2592
Ser 4/400, 11.3 m (37') boom
Ser 4/400, 14.0 m (46') boom
Ser 4/400, 16.8 m (55') boom
Ser 5/500A/B, 14.3 m (47') boom
Ser 5/500A/B, 17.1 m (56') boom
Ser 6/600, 14.3 m (47') boom
Ser 6/600, 17.1 m (56') boom
856
856B
875
875B
Series 85
ALPHA 100 ton
CN T-280
T-150
T-180
T-200
T-250
CN T-250
OMEGA T-250
OMEGA T-300
OMEGA T-350
T-300A
OMEGA T-400
OMEGA T-450
T-600 XL
OMEGA T-500
OMEGA T-650
T-750
Hydralift HL 40 thru 95
Hydralift HL 100 thru 170
HL 857
HL 1200, 1545-T2 or 1580

POLECAT

PELICAN
TC-40
TC-50
TC-70
TC-80
TC-85
TC-110
TC-120
TC-125
TC-145
TC-150
H-3 series two
H-5 series two
125 P
150 P
TM 100C
TM 200C
4539H
4539J
4540
4545
4550
4555
4600
4942
4946
4947
4953
4955
4957
4960
4980
4985
4990
4995
4983
4984
4985
4986
4987
4989
4990
4995
4996
4997
4998
4999
5000
5005
5290
5380
5470
5560
5561
5570
5580
5585
5665
5666M
5669
5670
5680
5745
5780
6670
6675
6685
6695
6697
6699
6860
6862
6864
6866
6868
6870
6872
6874
6876
6878
1000
1300
1970
1980
2020
2040
$170.53
$194.03
$183.69
$185.65
$174.42
$190.56
$335.52
$136.86
$129.18
$129.18
$149.67
$117.92
$163.10
$127.61
$61.97
$102.46
$105.37
$107.40
$57.90
$58.12
$58.30
$63.83
$64.47
$63.42
$63.80
$64.34
$63.47
$65.12
$66.64
$60.06
$304.88
$170.46
$127.07
$127.53
$128.09
$148.71
$172.96
$139.99
$143.47
$144.76
$138.44
$167.70
$169.51
$198.79
$169.49
$231.41
$158.23
$53.75
$57.71
$63.02
$65.48
$67.59
$70.63
$54.77
$56.42
$57.86
$57.99
$57.47
$62.26
$62.81
$62.51
$65.64
$63.91
$50.87
$59.29
$62.83
$75.64
$90.87
$70.25
Item I.9
Packet Page 127
16 HYDRAULIC PERSONNEL LIFTS &

AERIAL WORK PLATFORMS

LOADERS, CRAWLER
Includes self propelled and power take off(PTO) units whether gas, diesel or electric. Rates for any truck or carrier mounted units shall pay for the truck separately. Reach is rated by Mfr's maximum extension in meters(feet).

Includes all attachments and accessories excluding clam-action buckets and backhoe(see attachment class).
[ HYLFT ]
[ LDRCL ]
DELAY FACTOR = 0.21 OVERTIME FACTOR = 0.80
DELAY FACTOR = 0.11 OVERTIME FACTOR = 0.90

BOOM TYPE

SCISSOR TYPE
CASE

CATERPILLAR

JOHN DEERE

DRESSER

OVER TO

OVER TO
Model
Model
Model
Model
[ BOOM ]
[ SCIS ]
[ CASE ]
[ CAT ]
[ DEER ]
[ DRES ]
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
0 7.6 (25)

7.6 (25) 15.2 (50)

15.2 (50) 22.9 (75)
0 6.1 (20)

6.4 (21) 9.1 (30)

9.4 (31) 15.2 (50)
350B
450B
455B
455C
1155D
1155E
1450
1450B
1455B
259D
289D
299D XHP
299D2
931B
931C
931 LGP
931B LGP
935B
935C
939C
943
943 LGP
951C 86J 1992 serial
951C 86J 2598 serial
951C LGP 86J 2598 ser
953
953 LGP
955L 85J 6247 serial
955L 85J 13X10129 ser
955L LGP 85J 13X10129
963
963 LGP
973
973 LGP
977K
977K 11K serial
977L 11K 3919 serial
977L 11K 5083 serial
977L 14X serial
977L LGP
983
983B
JD 350C
JD 450C (4 speed PS)
JD 455D
JD 455E
JD 455G
JD 555
JD 555A
JD 555B
JD 555G
JD 655
JD 655B
JD 755
JD 755A
JD 755B
JD 855
100E (PS)
100G
125E (PS)
125G
175C (PS)
200
250C (PS)
250E (PS)
00-24
25-49
50-74
00-20
21-30
31-50
2370
2610
2620
2620A
3555
3556
3560
3565
3568
2159
2189
2190
2199A
3735
3735C
3740
3745
3845
3845C
3900
4130
4135
4200
4210
4215
4220
4230
4675
4680
4685
4690
4693
4695
4698
5014
5092
5170
5180
5185
5190
5248
5265
5420
5805
5807
5809
5809A
5810
5812
5814
5814A
5815
5817
5820
5822
5824
5830
9000
9005
9010
9015
9020
9025
9030
9035
$20.47
$48.30
$67.56
$22.25
$26.76
$39.82
$42.38
$38.29
$40.14
$45.06
$78.42
$86.27
$87.07
$96.24
$97.15
$52.40
$55.17
$80.32
$69.60
$43.57
$46.10
$41.08
$44.72
$51.65
$54.70
$76.01
$65.10
$61.78
$59.88
$65.61
$66.48
$88.01
$82.79
$84.40
$90.71
$91.07
$121.35
$111.32
$184.82
$156.62
$99.89
$104.24
$120.65
$130.41
$135.28
$134.93
$185.36
$197.96
$44.91
$44.57
$46.77
$47.59
$56.99
$50.21
$55.31
$54.50
$76.93
$79.10
$90.62
$74.97
$92.84
$104.70
$140.77
$45.96
$52.74
$56.50
$63.40
$111.40
$129.10
$133.31
$153.32
Item I.9
Packet Page 128
17 LOADERS, RUBBER TIRE
Includes all attachments and accessories. Clam-action buckets, 4WD and backhoes are excluded unless otherwise noted.
[ LDRRT ]
DELAY FACTOR = 0.11 OVERTIME FACTOR = 0.90

KOMATSU

ALLIS-CHALMERS
CASE

CATERPILLAR
Model
Model
Model
Model
[ KOMA ]
[ A-C ]
[ CASE ]
[ CAT ]
Code
Code
Code
Code
Rate
Rate
Rate
Rate
D 53S-16
D 53S-17
D 55S-2
D 55S-3
D 57S-1
D 65S-6
D 66S-1
D 75S-2
D 75S-3
D 75S-5
D 155S-1
710C
714B
714C w/ backhoe
715B w/ backhoe
715C w/ backhoe
W-11
W-11B
W-18
W-18 9213140 serial
W-18B
W-20
W-20B
W-20C
W-30
480B
480B w/ backhoe
480C
480C w/ backhoe
480D
480D w/ backhoe
480E w/ backhoe
480E LL
480F w/ backhoe
480F LL
480LL
570L XT 4WD
570N XT
580B w/ backhoe
580C
580C w/ backhoe
580D
580D w/ backhoe
580 Super D
580 Super D w/ backhoe
580 Super E
580 Super E w/ backhoe
580K w/ backhoe
580K 4WD w/ backhoe
580 Super K w/ backhoe
580L w/ backhoe
580 Super L 4WD w/ backhoe
590 Turbo w/ backhoe
590 Super L 4WD w/ backhoe
621
721
821
680E w/ backhoe
680G w/ backhoe
680H w/ backhoe
680K w/ backhoe
680L w/ backhoe
680L 4WD w/ backhoe
780 w/ backhoe
780B w/ backhoe
780C w/ backhoe
780D w/ backhoe
780D 4WD w/ backhoe
415F2
416 w/ backhoe
416 Series II w/ backhoe
416B 4WD w/ extend-a-hoe
416C 4WD w/ backhoe
416D w/ backhoe
416D 4WD w/ backhoe
420D w/ backhoe
420D 4WD w/ backhoe
420E
420F2
426 w/ backhoe
426 Series II w/ backhoe
426C w/ backhoe
426C 4WD w/ backhoe
428 w/ backhoe
428 Series II w/ backhoe
7878
7878A
7900
7978
8000
8017
8020
8056
8060
8061
8080
0747
0750
0752
0765
0767
1365
1368
1444
1450
1460
1472
1480
1482
1565
1636
1640
1650
1660
1662
1664
1666
1667
1668
1669
1677
1690
1700
1705
1710
1715
1717
1720
1725
1727
1731
1735
1739
1740
1742
1743
1744
1745
1746
1750
1752
1754
1840
1850
1852
1854
1856
1857
1864
1866
1867
1868
1869
1850F2
1860
1860A
1861A
1861C
1861D
1861D4
1861M
1861M4
1861N
1861N2
1862
1862A
1862C
1862C4
1864
1864A
$75.93
$89.21
$78.76
$78.76
$103.93
$103.33
$138.49
$112.05
$138.39
$194.51
$266.95
$44.56
$43.60
$46.25
$45.62
$46.52
$41.10
$50.28
$70.41
$74.16
$79.92
$74.29
$75.11
$80.76
$110.91
$35.95
$37.30
$46.29
$47.92
$51.65
$53.69
$43.88
$42.61
$45.25
$43.40
$51.70
$49.61
$62.56
$46.89
$37.17
$39.16
$38.59
$41.21
$42.12
$44.79
$43.43
$46.31
$46.61
$47.75
$51.56
$51.84
$60.08
$63.06
$65.61
$85.09
$103.28
$126.20
$59.07
$57.75
$60.77
$66.61
$67.38
$68.23
$76.41
$81.40
$82.75
$83.56
$85.02
$59.47
$46.48
$46.73
$57.30
$59.19
$54.10
$55.26
$60.76
$61.92
$72.44
$86.28
$52.53
$52.78
$65.47
$66.96
$52.50
$52.75
Item I.9
Packet Page 129
18 CLARK

JOHN DEERE
Model
Model
[ CLRK ]
[ DEER ]
Code
Code
Rate
Rate
430D
430E
436 w/ backhoe
436 Series II w/ backhoe
446 w/ backhoe
446B w/ backhoe
446D
450E
910
910E
916
920
926
926E
928G
930 41K serial
930G
936
936E
936F
938F
938G
950 90A serial
950 31K & 81J serial
950B
950E
950F
950F Series II
950G
950H
950M
962G
966C
966D
966E
966F
966G
966H
966K
966M
970F
972G
972M
980B
980C
980F
980G
980H
982M
988 87A6868 serial
988B 50W serial
992B 25K serial
992C
IT 12
IT 12B
IT 14F
IT 18
IT 18B
IT 28
IT 28B
IT 28F
IT 28G
IT 38G
IT 62G
35C
45C
55C
75C
125B
275B
275C
JD-210C
JD-210C w/ backhoe
JD-210LE
JD-310A w/ backhoe
JD-310B w/ backhoe
JD-310C w/ backhoe
JD-310D w/ backhoe
JD-310E w/ backhoe
JD-310SE w/ backhoe
310G
JD-315SE w/ backhoe
JD-410 w/ backhoe
JD-410B w/ backhoe
JD-410C w/ backhoe
JD-410D w/ backhoe
JD-410E w/ backhoe
410G
410J 4WD
410K
JD-444
JD-444C
JD-444D
JD-444E
JD-500C w/ backhoe
1865D
1865E
1866
1866A
1868
1868B
1868D
1869E
1870
1870E
1885
1894
2065
2067
2070G
2088
2088G
2100
2110
2120
2130
2130G
2228
2270
2272
2300
2301
2303
2310
2310H
2310M
2320G
2340
2350
2360
2361
2362
2362H
2362K
2362M
2370
2372G
2372M
2376
2378
2381
2382
2382H
2385M
2398
2436
2460
2470
2472
2472B
2473
2474
2475
2476
2477
2477G
2478
2480
2482
2484
2486
2488
2491
2492
2496
2497
2485
2490
2495
2504
2506
2507
2507D
2507E
2507F
2507G
2507H
2508
2508B
2508C
2508D
2508E
2508G
2508J
2508K
2510
2515
2520
2521
2592
$72.91
$77.08
$57.31
$57.52
$73.68
$81.12
$83.62
$101.09
$49.43
$58.04
$65.75
$60.39
$77.68
$83.65
$99.43
$74.21
$117.99
$93.97
$102.32
$106.30
$108.22
$122.51
$81.64
$95.87
$117.38
$124.30
$131.11
$135.07
$144.75
$166.55
$199.62
$158.71
$137.90
$153.61
$169.06
$172.75
$192.60
$222.92
$228.25
$245.68
$201.93
$215.12
$254.29
$180.17
$214.84
$221.12
$243.39
$264.41
$352.66
$221.09
$306.74
$390.59
$582.92
$50.25
$58.47
$67.56
$64.41
$72.73
$78.18
$84.41
$97.53
$100.91
$116.32
$160.07
$62.02
$72.45
$87.65
$114.00
$148.09
$256.59
$276.44
$39.82
$39.51
$51.93
$41.46
$42.19
$46.61
$52.14
$53.28
$59.72
$54.68
$60.39
$45.17
$45.91
$54.17
$64.00
$67.27
$68.73
$78.40
$84.13
$60.35
$62.48
$64.66
$69.91
$58.59
Item I.9
Packet Page 130
19 DRESSER

FIAT-ALLIS
FORD

FURUKAWA
HOUGH

INTERNATIONAL
J C B

KAWASAKI
Model
Model
Model
Model
Model
Model
Model
Model
[ DRES ]
[ F-A ]
[ FORD ]
[ FURU ]
[ HOUG ]
[ INTL ]
[ JCB ]
[ KAWA ]
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
JD-510 w/ backhoe
JD-510B w/ backhoe
JD-510C w/ backhoe
JD-510D w/ backhoe
JD-544B
JD-544C
JD-544D
JD-544E
JD-544G
544J
544K
JD-610B w/ backhoe
JD-610C w/ backhoe
JD-624E
JD-624G
JD-624H
JD-644B
JD-644C
JD-644D
JD-644E
JD-644G
JD-644H
644J
JD-710B w/ backhoe
JD-710C w/ backhoe
JD-710D w/ backhoe
JD-710D 4WD w/ backhoe
710G
JD-744H
744J
JD-844
510B
510C
515B
515C
520B
520C
530
530C
540
550
545B
745C
FR 10
FR 10B
FR 20
FR 30
FR 20B
FR 35
545C
650 w/ backhoe
655A w/ backhoe
655C w/ backhoe
750 w/ backhoe
755 w/ backhoe
755B w/ backhoe
755A w/ backhoe
A-62
A-64
A-66
FL 320A
FL 330
H65C
H-90E
H-100C
260A
260A w/ backhoe
270A w/ backhoe
280A w/ backhoe
214S w/ backhoe
215S w/ backhoe
217S w/ backhoe
3C 1550 2WD w/ hoe
3D 1700 4WD w/ hoe
1400B w/ backhoe
1550B w/ backhoe
1600B w/ backhoe
1700B w/ backhoe
60Z IV
65Z IV
2620
2625
2630
2630D
2660B
2660C
2660D
2660E
2660G
2660J
2660K
2690
2691
2700
2700G
2700H
2710
2715
2717
2719
2719B
2719H
2719J
2720
2721
2722
2722D
2722G
2723
2723J
2725
2310
2310C
3517
3517C
3519
3519C
3520
3520C
3530
3540
3042
3046
3049H
3049I
3050
3051
3051B
3052
3054
3056
3056F
3056G
3057
3061
3063
3065
3114
3116
3118
3120M
3120S
3578
3884
3954
2260
2270
2280
2285
4430
4435
4440
4448
4450
4455
4457
4458
4459
4300
4310
$54.95
$52.17
$61.81
$72.56
$74.76
$76.48
$75.33
$83.20
$90.97
$118.06
$131.92
$59.65
$68.42
$99.32
$111.59
$122.29
$103.34
$106.46
$110.58
$118.77
$133.69
$142.93
$156.98
$76.61
$84.94
$91.34
$93.41
$96.37
$194.01
$226.88
$190.24
$58.44
$77.65
$76.04
$91.63
$87.76
$109.09
$122.61
$131.95
$166.08
$166.52
$72.13
$141.73
$75.90
$82.13
$158.81
$206.92
$175.70
$273.22
$42.87
$47.57
$52.40
$57.06
$61.81
$65.21
$74.05
$72.56
$63.88
$77.54
$100.65
$143.20
$156.01
$100.34
$172.14
$203.37
$46.27
$48.03
$52.91
$64.46
$62.69
$68.71
$72.24
$44.91
$59.66
$50.85
$58.20
$66.85
$68.00
$85.03
$94.95
Item I.9
Packet Page 131
20 LEADS, PILE DRIVING [ LEADS ]
DELAY FACTOR = 0.45 OVERTIME FACTOR = 0.59

KOMATSU

MASSEY FERGUSON

NEW HOLLAND
TEREX

VOLVO-MICHIGAN-EUCLID
FIXED

SWINGING
Includes headblock, taper top, tip sled and connector, foot yoke, foot yoke sheave, intermediate flights, and all attachments and accessories. Rated in accordance with height of the lead measured in meters ( linear feet)
Includes headblock, taper top, tip sled and connector, foot yoke, foot yoke sheave, intermediate flights, and all attachments and accessories. Rated in accordance with the height of the lead measured in meters (linear feet).

Model
Model
Model
Model
Model

OVER TO

OVER TO
[ KOMA ]
[ M-F ]
[ NHND ]
[ TERX ]
[ VME ]
[ FIXD ]
[ SWNG ]
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
KSS 80Z II
80Z III
80Z IV
85Z IV
90Z III
90Z IV
95Z IV-2
W 120-3
W 180-1
WA 200-1
WA 250-1
WA 300-1
WA 320-1
WA 350-1
WA 380-1
WA 380-3
WA 400-1
WA 420-3
WA 450-1
WA 450-2
WA 450-3
WA 470-1
WA 500-1
WA 600-1
WB 140-2 4WD
WB 150-2 4WD
MF 44C
MF 50H Series S
MF 50H Series S, 4WD
MF 50HX Series S
MF 50HX Series S, 4WD
MF 55C
MF 60 w/ backhoe
MF 60H Series S w/ hoe
MF 66C
MF 80 w/ backhoe
MF 88
640
650
545D
575E w/ backhoe
655D w/ backhoe
655E w/ backhoe
675D 4WD w/ backhoe
675E 4WD w/ backhoe
70C
72-61
72-71B
72-81
175B
175C
275B
275C
L-70C
L-90
L-120
L-120C
L-150C
L-160
L-180C
L-190
L-250G
0 16.8 (55) (w/o spotter)

16.8 (55) 32.0 (105) (w/o spotter)
over 32.0 (105) (w/o spotter)
0 16.8 (55) (w/ spotter)

16.8 (55) 32.0 (105) (w/ spotter)
over 32.0 (105) (w/ spotter)
0 16.8 (55) (w/o spotter)

16.8 (55) 32.0 (105) (w/o spotter)
over 32.0 (105) (w/o spotter)
0 16.8 (55) (w/ spotter)
4330
4335
4340
4345
4350
4355
4360
4520
4525
4536
4537
4538
4539
4540
4541
4541C
4542
4543C
4544
4544B
4544C
4545
4546
4550
4700
4710
5143
5150
5152
5154
5156
5170
5171
5172
5174
5182
5184
6000
6010
0100
0110
0120
0130
0140
0150
7938
8036
8055
8080
6186
6186C
6330
6330C
9570C
9575
9595
9595C
9598C
9600
9602C
9605
9606G
0100
0200
0300
1100
1200
1300
0400
0500
0600
1400
$123.20
$141.67
$143.89
$181.16
$200.96
$205.35
$261.86
$144.84
$204.88
$81.24
$110.82
$106.26
$129.41
$124.80
$153.97
$153.16
$149.12
$175.80
$184.39
$207.43
$209.71
$202.53
$242.18
$356.71
$65.51
$75.37
$78.01
$46.41
$47.14
$50.12
$51.05
$100.01
$48.63
$52.54
$127.29
$69.71
$202.12
$46.51
$49.86
$44.45
$62.14
$55.74
$66.61
$64.30
$76.08
$180.48
$222.01
$288.14
$337.86
$184.69
$208.10
$234.56
$276.44
$93.35
$111.74
$145.24
$151.01
$187.44
$194.84
$210.04
$226.09
$337.68
$26.89
$34.26
$42.90
$45.50
$54.27
$64.31
$17.82
$24.79
$33.43
$36.43
Item I.9
Packet Page 132
21 NON-OPERATED EQUIPMENT (DAILY
RATES)
Note various units for different items. The following allowance is entered on the extra work bill by using the (unit listed x number of days) in the hours worked column. The following list is limited to items with long estimated lives. Additional traffic related items such as cones and barricades, are still listed under TRAFC in this publication. Other non-operated items with short estimated lives should be treated as materials and should not be "rented". Non rented items are 1) intended to be job specific (amortized over the life of the project) and 2) have an estimated life measured by number of uses rather than a length of time.
[ NONOP ]
DELAY FACTOR = 0.55 OVERTIME FACTOR = 1.00

MISCELLANEOUS

SCAFFOLDING, SHORING,

FALSEWORK
Model
Model
[ MISC ]
[ SSFW ]
Code
Code
Rate
Rate

16.8 (55) 32.0 (105) (w/ spotter)
over 32.0 (105) (w/ spotter)
Casing, 450 mm dia, per 0.3 m (Casing, 18"
dia, per lf)
Casing, 650 mm dia, per 0.3 m (Casing, 26"
dia, per lf)
Casing, 900 mm dia, per 0.3 m (Casing, 36"
dia, per lf)
Casing, 1800 mm dia, per 0.3 m (Casing,
72" dia, per lf)
Casing, 2400 mm dia, per 0.3 m (Casing,
96" dia, per lf)
Casing, 2700 mm dia, per 0.3 m (Casing,
108" dia, per lf)
Casing, 3000 mm dia, per 0.3 m (Casing,
120" dia, per lf)
Pile, all depths "H" pile, per 45.0 kg (Pile,
all depths "H" pile, per hundred-weight)
Pipe, 250-300 mm dia, per 0.3 m (Pipe, 10-
12" dia, per lf)
Plate, 22 mm thick, per 9.3 sm (Plate, 7/8"
thick, per 100 sf)
Plate, 25 mm thick, per 9.3 sm (Plate, 1"
thick, per 100 sf)
Plate, 38 mm thick, per 9.3 sm (Plate, 1.5"
thick, per 100 sf)
Metal form, 1.8 m x3.0 m, per 14.6 m
(Metal form, 6x10 box culvert, per 48 lf)
Metal form, 2.4 m x3.7 m, per 15.2 m
(Metal form, 8x12 box culvert, per 50 lf)
Metal form, 2.1 m x4.3 m, per 15.2 m
(Metal form, 7x14 box culvert, per 50 lf)
Metal form, type 25 barrier, per 3.0 m
(Metal form, type 25 barrier, per 10 lf)
Metal form, type 26 barrier, per 3.0 m
(Metal form, type 26 barrier, per 10 lf)
Metal form, type 27 barrier, per 3.0 m
(Metal form, type 27 barrier, per 10 lf)
Metal form, type 50 barrier, per 3.0 m
(Metal form, type 50 barrier, per 10 lf)
Metal form, 1.8 m x 3.7 m girder panel, per

0.1 sm ( 6x12 girder panel, per sf)
Metal form, all heights paving, per 3.0 m
(Metal form, all heights paving, per 10 lf)
Scaffolding, 1.5 m section, per section
(Scaffolding, 5' section, per section)
Scaffolding, 3.0 m section, per section
(Scaffolding, 10' section, per section)
Scaffolding, 4.6 m section, per section
(Scaffolding, 15' section, per section)
Scaffolding, bottom/top section, per 1.5 m
section (per 5 ft section)
Scaffolding, 2.1 m high, rolling
(Scaffolding, 7' high, rolling)
Scaffolding, spider staging, plus air
compressor
Shoring, 1.1 m deep x 2235 mm wide, per
section (Shoring,3.5' deep x 88" wide
trench, per section)
Shoring, 1.2 m deep x 3.7 m wide box, per

7.3 m (Shoring, 4' deepx12' wide trench
box, per 24')
Shoring, 1.5 m deep x 2235 mm wide, per
section (Shoring, 5' deep x 88" wide trench,
per section)
Shoring, 2.1 m deep x 1397 mm wide, per
section (Shoring, 7' deep x 55" wide trench,
per section)
Shoring, 2.1 m deep x 2235 mm wide, per
section (Shoring, 7' deepx88" wide trench,
per section)
Shoring, 2.4 m deep x 4.6 m wide, per 3.0 m
(Shoring, 8' deepx15' wide trench box, per
10')
Shoring, 2.4 m deep x 2.4 m max width, per

7.3 m(8' deep x 8' max width trench box,
per 24' )
Shoring, 3.0 m deep x 2.4 m max box, per

4.9 m (Shoring, 10' deepx8' max trench
box, per 16')
Shoring, 3.0 m deep x 2.4 m max box, per

7.3 m (Shoring, 10' deepx8' max trench
box, per 24')
Wood, 50 mm x255 mm, per 30.5 m (Wood,
2"x10", per 100 lf)
Wood, 50 mm x305 mm, per 30.5 m (Wood,
2"x12", per 100 lf)
Wood, 100mm x100mm, per 30.5 m (Wood,
4"x4", per 100 lf)
Wood, 100 mm x150 mm, per 30.5 m
(Wood, 4"x6", per 100 lf)
Wood, 100 mm x205 mm, per 30.5 m
(Wood, 4"x8", per 100 lf)
Wood, 100 mm x305 mm, per 30.5 m
(Wood, 4"x12", per 100 lf)
Wood, 150 mm x305 mm, per 30.5 m
(Wood, 6"x12", per 100 lf)
Wood, 150 mm x455 mm, per 30.5 m
(Wood, 6"x18", per 100 lf)
Wood, 205 mm x405 mm, per 30.5 m
(Wood, 8"x16", per 100 lf)
1500
1600
0120
0130
0140
0150
0160
0170
0180
0190
0200
0210
0220
0230
0310
0320
0330
0340
0350
0360
0370
0380
0390
0410
0420
0430
0440
0450
0460
0510
0515
0520
0530
0540
0550
0560
0570
0580
0605
0610
0615
0620
0625
0630
0635
0640
0645
$44.80
$54.83
$0.05
$0.08
$0.11
$0.27
$0.34
$0.39
$0.51
$0.05
$0.03
$1.64
$1.87
$2.80
$56.99
$63.16
$69.42
$3.46
$3.66
$3.15
$3.41
$0.20
$0.05
$0.71
$1.58
$2.08
$0.98
$1.48
$31.75
$1.64
$14.90
$1.72
$1.51
$1.81
$12.28
$24.25
$21.77
$30.29
$0.21
$0.26
$0.18
$0.25
$0.36
$0.54
$0.90
$1.45
$1.77
Item I.9
Packet Page 133
22 PAVEMENT GRINDERS, DIAMOND
BLADES
PAVEMENT GRINDERS, TUNGSTENCARBIDE BITS
Includes water(but not water truck or trailer), coolant, cutting compounds and all attachments and accessories. Replacement blades are included in the rates listed below.

Includes water(but not water truck or trailer), coolant, cutting compounds and all attachments and accessories. Replacement bits or tips are included in the rates listed below.
[ PGDIA ]
[ PGT-C ]
DELAY FACTOR = 0.09 OVERTIME FACTOR = 0.92
DELAY FACTOR = 0.12 OVERTIME FACTOR = 0.90
TANK

TRAFFIC SAFETY
CONCUT

CUSHION CUT

PENHALL
TARGET

BARBER-GREENE

CATERPILLAR
C.M.I.

INGERSOLL-RAND
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ TANK ]
[ TRAF ]
[ CCUT ]
[ CUCT ]
[ PENH ]
[ TARG ]
[ B-G ]
[ CAT ]
[ CMI ]
[ I-R ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Wood, 305 mm x455 mm, per 30.5 m
(Wood, 8"x18", per 100 lf)
Wood, 305 mm x305 mm, per 30.5 m
(Wood, 12"x12", per 100 lf)
Wood form, type 27 barrier, per 2.4 m
(Wood form, type 27 barrier, per 8 lf)
Wide flange beam, all depths, per 45 kg
(Wide flange beam, all depths, per hundred
wt.)
Tank, metal, 0-2270 liters (0-600 gallons)
Tank, metal, 2270-4540 liters (600-1200
gal)
Tank, metal, 4540-9840 liters (1200-2600
gal)
Tank, metal, 22 710 liters (6000 gallons)
Tank, metal, 28 390 liters (7500 gallons)
Tank, metal, 30 280 liters ( 8000 gallons)
Tank, metal, 37 850 liters (10000 gallons)
Crash cushion barrel, filled, each
K-rail, temporary concrete barrier, per 6.1
m (20 lf)
BC-38 (136 blades)
BC-244 (187 blades)
BC-1268 (48 blades)
HG-130A (127 blades)
PC-390(171 blades)
G-38 (172 blades)
CG-65 (41 blades)
PRM-3804 (170 blades)
RX-20
RX-30
RX-40B
RX-50
RX-80B
PM-800
PR-105
PR-275
PR-450
PR-750
PR-750B
PR-1000
PR-275 RT
PR-375
PR-450
PR-525
PR-500FL
PR-750
PR-800-7
PR-1000
MW-175
MW-250
MW-250C
MT-6520 (crawler)
MW-6520
MW-6520HC
MT-7000
0650
0655
0660
0670
0710
0720
0730
0740
0750
0760
0770
0810
0820
0500
0505
0510
0600
0610
0800
0900
0905
0100
0105
0110
0115
0120
0200
0201
0205
0210
0215
0216
0220
0150
0155
0160
0165
0170
0175
0177
0180
0280
0285
0286
0300
0305
0310
0315
$2.00
$1.72
$0.37
$0.05
$0.97
$1.33
$3.29
$6.62
$8.31
$8.79
$9.75
$1.37
$0.63
$205.81
$252.03
$77.93
$193.62
$303.07
$389.11
$115.15
$429.54
$206.49
$328.07
$383.88
$450.47
$758.19
$584.29
$98.75
$272.40
$403.85
$600.10
$625.73
$821.29
$260.38
$334.25
$383.95
$420.70
$455.83
$582.88
$635.07
$683.45
$114.62
$122.68
$147.38
$371.46
$265.55
$346.51
$471.87
Item I.9
Packet Page 134
23 PUMPS, WATER HOSE

ROLLERS, TANDEM STEEL WHEELS
Centrifugal and diaphragm types (including submersibles). Rate includes power (gas, diesel or electric generator), 7.6 meters(25 lineal feet) of suction hose, 15.2 meters (50 lineal feet) of discharge hose, foot valve and all fittings, attachments and accessories.

Includes all attachments and accessories.
[ PUMWA ]
[ ROL-2 ]
DELAY FACTOR = 0.36 OVERTIME FACTOR = 0.68
DELAY FACTOR = 0.10 OVERTIME FACTOR = 0.91

WIRTGEN
A PUMP

INLET-SUCTION HOSE

OUTLET-DISCHARGE HOSE
BOMAG

DRESSER

FERGUSON
GALION
HYSTER
Listed by Mfr's rated capacity measured in thousands of liters per minute (thousands of gallons per hour) at 3.0 meters (10 feet) of suction head.

Additional 7.6 meter (25 foot) lengths of suction hose shall be paid based on the inside hose diameter in millimeters (inches).

Additional 15.2 meter (50 foot) lengths of discharge hose shall be paid based on the inside hose diameter in millimeters (inches).

Model

OVER TO

OVER TO
Model
Model
Model
Model
Model
[ WIRT ]
[ APMP ]
[ INHS ]
[ OUHS ]
[ BMAG ]
[ DRES ]
[ FERG ]
[ GALN ]
[ HYST ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
300VC
1000VC
1900DC
2000VC
2100VC
2200VC
3500VC
4200VC
0 0.6 (10)

0.6 (10) 1.3 (20)

1.3 (20) 1.9 (30)

1.9 (30) 3.2 (50)

3.2 (50) 7.9 (125)

7.9 (125) 15.8 (250)
0 60 (2.5)
60 (2.5) 80 (3)
80 (3) 100 (4)
100 (4) 150 (6)
0 60 (2.5)
60 (2.5) 90 (3.5)
90 (3.5) 100 (4)
100 (4) 150 (6)
BW-4AS
BW-6AS
BW-10AS
BW-12AS
S3-5B
S8-12A
S10-14A
3-5 ton
3-5A
4-6A
5-8 ton
5-8A
8-12 ton
8-12B
8-12A
10-14 ton
10-14A
10-14B
4-6 ton roll-o-static
S4-6A, S4-6B
5-8 ton roll-o-static
S5-8A
8-10.5 ton roll-o-static
S8-10.5A
8-12 ton roll-o-static
S8-12A
C 330A 3-5 ton
C 330B 3-5 ton (Hypac)
C 330A 4-6 ton
C 330B 4-6 ton (Hypac)
C 340A 5-8 ton
C 340A 8-10 ton
C 340B 5-8 ton
0380
0390
0395
0400
0402
0405
0410
0420
000-010
010-020
020-030
030-050
050-125
125-250
0-2.5

2.5-3.5

3.5-4
4-6
0-2.5

2.5-3.5

3.5-4
4-6
1150
1155
1160
1165
2500
2520
2525
4048
4048A
4142A
4236
4240
4424
4424B
4430
4450
4455
4455B
4650
4670
4800
4820
4988
5000
5176
5190
6520
6520B
6525
6526
6530
6540
6545
$43.74
$166.17
$393.47
$383.34
$496.82
$654.06
$666.47
$684.42
$4.51
$6.94
$8.21
$29.86
$35.42
$41.83
$0.10
$0.16
$0.23
$0.38
$0.07
$0.13
$0.19
$0.26
$29.89
$31.59
$54.25
$55.06
$39.34
$51.60
$52.41
$24.43
$25.77
$25.92
$58.23
$43.90
$45.61
$47.57
$44.94
$46.55
$45.48
$48.16
$38.42
$41.13
$44.75
$47.25
$45.42
$47.99
$45.74
$48.67
$40.88
$30.95
$42.30
$33.19
$50.48
$51.05
$44.17
Item I.9
Packet Page 135
24 ROLLERS, RUBBER TIRE, SELF

PROPELLED

ROLLER-TAMPING, SEGMENTED,

SHEEPSFOOT, SELF PROPELLED
Includes all attachments and accessories.

Includes all attachments and accessories.
[ ROLRT ]
[ ROTAM ]
DELAY FACTOR = 0.14 OVERTIME FACTOR = 0.87
DELAY FACTOR = 0.09 OVERTIME FACTOR = 0.92
INGRAM

REXNORD

BUFFALO-BOMAG

CATERPILLAR

DYNAPAC
GALION
HYSTER

BUFFALO-BOMAG

CATERPILLAR
RAYGO

REXNORD
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ INGM ]
[ RXND ]
[ B-B ]
[ CAT ]
[ DYPC ]
[ GALN ]
[ HYST ]
[ B-B ]
[ CAT ]
[ RAGO ]
[ RXND ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
C 340C 5-8 ton (Hypac)
C 340B 8-10 ton
C 340C 8-10 ton (Hypac)
C 350B 8-12 ton
C 350B 10-14 ton
C 350C 8-12 ton
C 350C 10-14 ton
C 350D 8-12 ton
4-6 ton FB
5-6.5 ton FB
8-12 ton HB
10-14 ton HB
3-5 ton
4-6 ton
5-8 ton
7-10 ton
8-12 ton
10-14 ton
BW 20R
PS 110
PS 130
PS 180
PS 200B
CP 15
CP 21
CP 27
3500
P 3000
P 3500A
C 530A
C 550A
K 300
K 301
K 401
815
815B
815F
825B
825C
835
30 45
RAM PAK 45
3-30
3-35 PACTOR
3-45 PACTOR
3-50, 3-50A PACTOR
3-55, 3-55B PACTOR
6546
6548
6549
6710
6740
6750
6755
6757
6900
6965
7175
7275
8566
8572
8578
8584
8590
8596
2624
3460
3465
3470
3480
3500
3510
3520
4310
4315
4320
5401
5494
1630
1635
1638
2300
2310
2320
2500
2510
2700
6490
6500
6505
7120
7127
7130
7140
7150
$46.43
$44.91
$46.93
$51.98
$52.50
$46.26
$46.99
$47.79
$30.90
$32.52
$45.13
$45.77
$29.97
$30.57
$68.57
$68.78
$69.14
$69.49
$50.59
$49.50
$48.88
$51.20
$64.80
$47.67
$57.97
$75.09
$50.86
$45.89
$50.72
$48.98
$55.31
$99.86
$110.30
$128.73
$114.54
$166.04
$179.98
$193.43
$245.84
$247.36
$96.85
$145.78
$155.74
$116.22
$138.99
$178.37
$201.84
$237.63
Item I.9
Packet Page 136
25 ROLLERS-TAMPING, SEGMENTED,

SHEEPSFOOT, TOWED

ROLLERS, VIBRATORY, SELF

PROPELLED
Includes all attachments and accessories. Listed by drum dimensions in millimeters (feet) in either direction. The first digit is the diameter and the second digit is the length of each drum.

Includes all attachments and accessories.
[ ROTAT ]
[ ROVIB ]
DELAY FACTOR = 0.44 OVERTIME FACTOR = 0.62
DELAY FACTOR = 0.16 OVERTIME FACTOR = 0.86

SINGLE DRUM UNIT

DOUBLE DRUM UNIT

BUFFALO-BOMAG
BOMAG
BROS
CASE

CATERPILLAR
Model
Model
Model
Model
Model
Model
Model
[ ADRU ]
[ DDRU ]
[ B-B ]
[ BMAG ]
[ BROS ]
[ CASE ]
[ CAT ]
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
1220 mm x1220 mm (4'X4') & under
over 1220 mm (4') - not over 1520 mm (5')
over 1520 mm (5')
1220 mm x1220 mm (4'X4') & under, each
over 1220 mm (4') - not over 1520 mm (5'),
each
over 1520 mm (5'), each
BW 210
BW 210A
BW 213
BW 214
BW 35
BW 60, 60S
BW 65, 65S
BW 75, 75S
BW 85T
BW 90
BW 100AD-3
BW 120AD
BW 142PD
BW 151AD
BW 170AD, D
BW 172AD, D
BW 202AD
VM 255
VM 268, VM 268H
VM 278
50B
W 251
252, W 252
752, W 752
1102, W 1102
1102D, W 1102D
602D
752B
CB 54
CS 56
CB 64
CB 214
CB 214B
CB 224
CB 224B
CB 224C
CB 224E
CB 314
CP 323 padfoot drum
CS 323 smooth drum
CB 414
CS 431
CS 431B
CP 433 padfoot drum
CP 433B padfoot drum
CP 433E
CS 433 smooth drum
CS 433B smooth drum
CB 434
CB 434D
CB 514
CB 534
CB 534C
CB 534D OR XW
CS 551
CP 553 padfoot drum
CS 553 smooth drum
CP 563 padfoot drum
CS 563 smooth drum
CS 563C
CB 614
CB 634
CB 634C
4X4
4X5
5 4X4
4X5
5 2060
2070
2080
2090
0700
0800
0900
1000
1200
1300
1325C
1350
1359
1365
1380
1385
1400
2023
2024
2025
2228
2400
2405
2450
2500
2505
2510
2520
7000
7020
7400
8025
8026
8030
8031
8031C
8031E
8035
8040
8042
8045
8050
8051
8055
8056
8056E
8060
8061
8062
8062D
8065
8067
8067C
8067D
8070
8075
8080
8082
8083
8083C
8085
8095
8095C
$2.54
$2.87
$5.22
$6.14
$18.60
$34.33
$75.74
$77.81
$76.88
$78.69
$7.54
$11.84
$8.16
$13.25
$23.34
$15.63
$40.35
$41.15
$46.57
$66.81
$59.23
$59.30
$91.47
$59.46
$73.10
$113.81
$8.69
$28.76
$37.88
$64.36
$86.01
$86.14
$58.90
$67.34
$114.44
$125.92
$130.50
$36.72
$37.99
$37.86
$39.94
$40.78
$43.07
$39.71
$63.18
$61.40
$60.37
$56.43
$77.66
$63.16
$84.25
$99.41
$64.37
$81.18
$69.82
$83.24
$76.83
$99.44
$95.03
$120.33
$109.91
$114.93
$111.23
$116.80
$112.78
$118.07
$121.41
$119.09
$119.84
Item I.9
Packet Page 137
26 DYNAPAC
ESSICK
HYSTER

INGERSOLL-RAND
Model
Model
Model
Model
[ DYPC ]
[ ESIK ]
[ HYST ]
[ I-R ]
Code
Code
Code
Code
Rate
Rate
Rate
Rate
LR 90
A 36V, A 36D
CA 12
CA 12D
CA 12PD
CA 12PDB strikeoff blade
CA 15
CA 15A
CA 15D
CA 20D
CA 15PD
CA 25
CA 25S
CA 25A, CA 25D
CA 25PD
CA 25T
CA 30
CA 30D
CA 51S, CA 51D
CA 55D
CA 151PDB
CC 10, CC 10 series II
CC 10A
CC 102
CC 12
CC 14
CC 21
CC 21 II
CC 211
CC 42 II Dynatronic
CC 42A
CC 50
CC 50A
CC 50PD
CC 50S
DD 18
300V
2100V
VR 30RE
VR 42RE
V 30WR, V 30W2-R
C 612B
C 610A
C 610B
C 615B
C 617B
C 620B
C 625B
C 627B
C 727A
C 748A (Hypac/Hyster)
C 766A
C 766B (Hypac/Hyster)
C 850A
C 850B (Hypac/Hyster)
C 852A
C 852B (Hypac/Hyster)
C 860A
C 860B (Hypac/Hyster)
DD 22
DD 23
DD 24
DA 30
DD 35
DA 40
DA 41
DD 34HF
DA 48
DA 50
DD 65
DF 84
DS 84
DD 90
DD 110
DD 130
DD 145
SPA 56
SP 48
SP 48DD
SPF 48
SPF 48B
SP 54
SP 54DD
SPA 54
SPF 54
SP 56
2401
2405
2409A
2409B
2409E
2409H
2410
2420
2421
2422
2425
2430
2440
2450
2455
2460
2462
2464
2466
2468
2469
2470
2472
2472C
2472E
2473
2474
2474B
2474C
2475
2476
2482
2488
2488E
2489
2498
2499E
2499H
2700
2820
2902
3450
3500
3540
3562
3563
3566
3570
3572
3572E
3572F
3572G
3572H
3572J
3572K
3572N
3572P
3572S
3572T
3565
3570
3572
3573
3573C
3573E
3573G
3573HF
3573M
3574
3574A
3574B
3574C
3574D
3574F
3574H
3574J
3810
3880
3885
3890
3892
4000
4005
4010
4020
4030
$17.17
$41.09
$55.35
$46.56
$47.07
$44.58
$72.73
$63.19
$76.36
$62.20
$63.90
$93.07
$91.42
$96.22
$99.43
$84.80
$97.65
$102.36
$121.76
$124.76
$88.21
$37.26
$32.78
$39.54
$40.88
$58.87
$59.84
$63.12
$72.21
$97.23
$96.11
$107.00
$119.58
$186.23
$177.68
$15.10
$19.61
$18.48
$11.22
$28.64
$12.43
$66.29
$51.37
$64.43
$66.66
$67.17
$66.02
$67.81
$68.50
$97.53
$43.47
$85.28
$102.80
$104.06
$120.13
$109.84
$123.80
$108.47
$117.42
$48.56
$35.80
$47.26
$37.54
$39.09
$66.32
$68.78
$57.35
$92.44
$92.65
$70.42
$151.97
$148.56
$98.55
$109.47
$146.12
$125.97
$71.20
$70.15
$71.82
$74.23
$75.51
$71.96
$74.06
$72.89
$79.13
$83.48
Item I.9
Packet Page 138
27 KOEHRING-BOMAG
MIKASA
RAYGO
RAMMAX
SAKAI
TAMPO
Model
Model
Model
Model
Model
Model
[ KOBO ]
[ MIKA ]
[ RAGO ]
[ RAMX ]
[ SAKI ]
[ TAMP ]
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
SP 56DD
SP 56DH
SPF 56
SPF 56B
SPF 56DH
SPF 56DHB
SP 60
SP 84
SP 60DD
SPF 60
SPF 60B
SPF 60C
SPF 84
SPF 84B
SD 40D
SD 40F w/ blade
SD 70
SD 100
SD 100D
SD 100F
SD 115D
SD 150D
BW 120AC
BW 120AD
BW 121AD
BW 130AD
BW 140AD
BW 141AC
BW 141AD
BW 142D
BW 172
BW 172D
BW 213D
BW 214D
BW 215D
BW 217D
BW 220D
MDR 7DW
MDR 9G
MDR T38S
MRV 10GA
1-36 REBEL
2-36 ROMPER
2-66 RANGER
2-84 RANGER
220A RASCAL
320A RASCAL
320S RASCAL
400A RASCAL
404B RUSTLER
410A RASCAL
600A RASCAL
4000 RASCAL
4200 RASCAL
4404 RUSTLER
P 33/24
P 33/24 w/ remote
P 51
S 51
P 47
SV 70
SV 70D
SV 91
SV 91D
SV 200D
RP 16D (HD)
RP 28D
RP 48D
RP 58D
RS 16 (HD)
RS16A (HD)
RS 16D (HD)
RS 28C
RS 28D
RS 58D
RS 156A
RS 166A
RS 188A
RS 210
4035
4037
4040
4050
4080
4090
4100
4105
4110
4120
4130
4132
4133
4134
4138
4138FB
4139
4140
4140D
4140F
4141D
4143D
4168E
4169
4193
4193E
4194
4194B
4194E
4194H
4212
4212E
4237
4238
4240
4242
4250
4404
4405
4407
4409
4805
4810
4820
4830
4840
4876
4890
5010
5110
5150
5220
5235
5236
5236E
4605
4606
4625
4630
5290
8025
8026
8050
8051
8060
5990
5995
6110
6115
6170
6180
6185
6315
6320
6327
6340
6350
6370
6400
$86.51
$118.44
$88.59
$91.64
$120.00
$124.07
$151.66
$123.44
$173.95
$178.85
$187.21
$164.39
$125.23
$129.90
$63.44
$65.03
$73.12
$91.33
$111.17
$111.75
$139.36
$149.94
$40.45
$41.12
$37.01
$43.02
$66.59
$64.18
$59.43
$44.73
$56.27
$58.86
$93.81
$114.85
$114.00
$143.29
$108.05
$9.95
$14.08
$10.10
$15.68
$17.36
$37.93
$94.54
$132.03
$55.29
$66.31
$63.45
$66.89
$72.47
$70.64
$90.13
$98.96
$105.21
$39.42
$21.69
$20.95
$82.91
$44.35
$42.31
$66.77
$69.24
$100.71
$102.78
$50.25
$63.68
$85.24
$112.83
$102.11
$60.67
$62.72
$63.25
$80.92
$82.21
$100.58
$66.38
$87.69
$112.56
$86.77
Item I.9
Packet Page 139
28 SHOVELS & CRANES CRAWLER

SHOVELS & CRANES, TRUCK MOUNTED

SANBLASTING EQUIPMENT
Includes all attachments and accessories when used as a crane, clamshell, dragline or for pile driving (not including leads or driving equipment).

Includes truck/carrier. Includes all attachments and accessories when used as a crane, clamshell, dragline or for pile driving (leads and driving equipment not included).

Includes helmets, gauntlets, 30.5 meters(100 feet) of hose, pot, all control valves, nozzles and other attachments and accessories. Rated in accordance with the capacity of the pot measured in kilograms(pounds)of sand. [ S&CCL ]
[ S&CTK ]
[ SANBL ]
DELAY FACTOR = 0.19 OVERTIME FACTOR = 0.84
DELAY FACTOR = 0.22 OVERTIME FACTOR = 0.81
DELAY FACTOR = 0.51 OVERTIME FACTOR = 0.53
WACKER

LINK-BELT

MANITOWOC
P&H

AMERICAN HOIST & DERRICK

LINK-BELT
P&H

REMOTE CONTROL ONLY
Model
Model
Model
Model
Model
Model
Model

OVER TO
[ WACK ]
[ L-B ]
[ MTWC ]
[ P&H ]
[ AMHD ]
[ L-B ]
[ P&H ]
[ REMC ]
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
R 900
R 1000
W 55T
W 74L, W 74T
W 74
W 75
WDH 84
WDH 86-110
WHK 90, WHK 90L
LS 78
LS 78 pipeliner
LS 98
LS 98 pipeliner
LS 98A
LS 108B
LS 108D
LS 118
LS 218H
LS 318
LS 338
LS 518
222EX (WEST)
2900 WC
3000 W
3900B (100 ton)
3900 W VICON series 2
4000 W VICON
4100 W VICON series 1
4100 W VICON series 2
4600 VICON series 1
4600 VICON series 3
535
550
670 WLC
5470
5530
7450
7460
7530
8460
8470
HC 48A
HC 108B
HC 108C
HC 138
HC 138A
HC 218
HC 218A
HC 228H
HC 238A, 238B
440 TC
650A TC
670 TC
790 TC
8115A TC
45 (100) 159 (350)
159 (350) 272 (600)
272 (600) 454 (1000)
454 (1000) 680 (1500)
680 (1500) 907 (2000)
7850
7855
7860
7880
7890
7900
7910
7912
7915
4702
4724
4826
4852
4924
4980
4981
4998
5010
5012
5020
5124
5600
5764
5812
6036
6132
6180
6196
6198
6328
6332
7716
7748
7892
1015
1080
1130
1140
1170
1178
1179
4332
4960
4970
4992
4995
5050
5051
5054
5065
7240
7720
7790
7880
7950
010-035
035-060
060-100
100-150
150-200
$25.37
$40.43
$12.35
$12.22
$11.87
$12.86
$17.17
$21.27
$21.34
$77.62
$79.76
$88.89
$95.61
$90.03
$99.83
$127.98
$145.17
$238.13
$144.53
$156.42
$229.94
$291.84
$129.70
$167.87
$214.58
$277.31
$252.87
$374.16
$384.04
$557.33
$646.79
$130.49
$136.88
$158.51
$127.18
$217.94
$128.91
$178.98
$201.23
$253.32
$395.47
$77.67
$96.41
$133.14
$100.47
$215.20
$133.25
$214.84
$261.42
$216.09
$95.66
$135.80
$139.69
$132.32
$181.75
$2.14
$2.82
$2.86
$3.59
$4.00
Item I.9
Packet Page 140
29 SAWS, CHAIN AND EARTH AUGER

ATTACHMENT

SAWS, CONCRETE AND MASONRY

SCRAPERS, SELF PROPELLED
Hand held type, one or two man, gas, air or electric powered including all attachments and accessories. Blades, chains and tips shall be paid separately.

Saws which cost less than $500 are considered minor tools and are no longer listed. Rated in accordance with Mfr's kilowatts (horsepower).

Self powered gas, air or electric powered. Includes water ( but not water truck or trailer), coolant, cutting compounds and all attachments and accessories.

Saw blades or abrasive discs shall be paid in accordance with the following sawkerf codes.

Includes all attachments and accessories.
[ SAWCH ]
[ SAWCO ]
[ SCRSP ]
DELAY FACTOR = 0.12 OVERTIME FACTOR = 0.89
DELAY FACTOR = 0.15 OVERTIME FACTOR = 0.86
DELAY FACTOR = 0.12 OVERTIME FACTOR = 0.88
SAWS

SINGLE & MULTI-BLADE

OPERATION

BLADE SAWKERF

CATERPILLAR

JOHN DEERE

INTERNATIONAL
Listed in accordance with Mfr's rated kilowatts (horsepower).

The following allowance is entered on the extra work bill by using the length x depth per blade.

Model

OVER TO
UNITS
Model
Model
Model
[ SAW ]
[ ABOP ]
[ ABSK ]
[ CAT ]
[ DEER ]
[ INTL ]
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
>3.7 (5 ) 30 amps @ 120V
0 7.5 (10)

7.5 (10) 14.9 (20)

14.9 (20) 24.6 (33)

24.6 (33) 33.6 (45)

33.6 (45) 48.5 (65)
Rate /blade/ 30.5 m (100 lin ft) / 25 mm
(inch) depth
Rate/blade/ 0.3 m (lin ft) / 25 mm (inch)
depth
613
613B
613C
615
615C
621B cushion hitch
623B
623E
623F
627B push pull
627E non push-pull
627E push-pull
631C 67M5012 serial
631D
631E
633C non cushion hitch
633C cushion hitch
633C 66M693 serial
633D
637 cushion, non-push-pull
637 non-cushion, push-pull
637D non push-pull
637D push-pull
639D
637E
637E push-pull
641B non cushion hitch
641B cushion hitch
651B non cushion hitch
651B cushion hitch
651E
657B non cushion, non p-p
657B cushion, push-pull
657E non push-pull
657E push-pull
660B
666B
JD 760A
JD 762
JD 762A
JD 762B
JD 860A
JD 860B
JD 862
JD 862B
412B
431B
433B
5-HP
0-10
10-20
20-33
33-45
45-65
100'/IN

LF-INDE
1395
1400
1402
1415
1416
1680
1700
1702
1703
1770
1772
1773
2170
2180
2185
2305
2315
2320
2330
2375
2410
2460
2470
2475
2476
2477
2620
2655
2935
2970
2975
3360
3370
3375
3380
3470
3600
3845
3860
3865
3866
3920
3930
3940
3942
5631
5637
5643
$3.49
$4.16
$9.36
$18.58
$21.44
$25.96
$18.00
$0.18
$82.60
$91.46
$113.66
$157.29
$171.36
$200.83
$206.40
$243.04
$253.47
$266.94
$283.17
$288.05
$231.66
$282.79
$307.37
$227.89
$227.78
$237.20
$292.98
$343.85
$346.14
$414.75
$418.81
$428.79
$449.03
$454.59
$290.95
$335.85
$341.74
$344.27
$415.79
$546.87
$553.52
$633.78
$653.23
$319.12
$513.89
$82.29
$101.03
$105.35
$121.76
$120.35
$126.52
$148.90
$179.23
$101.54
$197.89
$291.03
Item I.9
Packet Page 141
30 TRACTORS, CRAWLER
Includes all attachments and accessories such as dozer blade and power control blocks when needed, but does not include backhoe, winch or ripper units listed elsewhere in this schedule.
[ TRACC ]
DELAY FACTOR = 0.13 OVERTIME FACTOR = 0.87
TEREX
WABCO
CASE

CATERPILLAR
Model
Model
Model
Model
[ TERX ]
[ WAB ]
[ CASE ]
[ CAT ]
Code
Code
Code
Code
Rate
Rate
Rate
Rate
S 11EB
S 23E 33TOT-H-93SH, elev
S 24 49LOT-76SH serial
S 24B 023-024 serial
S 24C
101F
101G
111A
222G
222H
350
350B
450
450B
450C
475
550
650
850
850B
850C
850D
1150B
1150C
1150D
1150E
D-3
D-3B
D-3 LGP
D-3B LGP
D-3B SA
D-3C
D4C Series III
D-4D
D-4E direct drive
D-4E power shift
D-4H
D-4H LGP
D-4H Series II
D-4E SA
D-4E LGP power shift
D-4E LGP direct drive
D-4G XL
D-5
D-5B power shift
D-5B SA
D-5B LGP
D-5C
D-5H
D-5H Series II
D-5H LGP
D-6C direct drive
D-6C power shift
D-6C LGP
D-6D
D-6D SA
D-6D LGP
D-6H
D-6H Series II
D-6H LGP
D-6M LGP
D-6N XL
D-6R DS
D-6R XL
D-7G
D-7G LGP
D-7G SA
D-7H
D-7H Series II
D-7H LGP
D-8K
D-8L
D-8L SA
D-8N
D-8R
D-8T
D-9H
D-9L
D-9N
D-9R
D-10
D-10N
D-10R
D-11N
8245
8250
8260
8270
8275
8570
8575
8640
8700
8704
1820
1825
1868
1869
1869E
1870
2000
2100
2128
2130
2135
2140
2250
2255
2257
2258
2340
2345
2350
2355
2370
2380
2450
2655
2660
2665
2670
2675
2680
2772
2780
2782
2790XL
3194
3206
3325
3345
3346
3347
3348
3350
3645
3688
3710
3720
3725
3730
3732
3733
3735
3745
3755
3800
3815
4180
4200
4210
4215
4216
4220
4858
4862
4863
4864
4870
4880
5160
5165
5170
5175
5220
5225
5227
5230
$81.82
$191.01
$246.08
$295.83
$319.10
$94.83
$94.63
$89.58
$175.26
$197.20
$37.85
$40.00
$32.34
$36.50
$41.39
$53.61
$43.38
$51.29
$43.87
$47.31
$51.51
$54.43
$65.56
$71.35
$73.63
$76.24
$38.07
$41.89
$38.72
$43.18
$46.92
$44.32
$56.42
$45.90
$48.04
$49.37
$62.31
$61.79
$63.58
$58.55
$49.57
$49.57
$57.12
$65.78
$69.24
$75.87
$71.98
$61.39
$82.30
$86.43
$85.41
$85.58
$86.24
$88.79
$97.41
$109.94
$97.81
$111.15
$115.93
$115.82
$106.67
$109.74
$121.70
$127.95
$145.89
$141.48
$157.84
$151.25
$161.03
$157.88
$196.01
$233.67
$255.56
$208.59
$228.79
$280.33
$261.76
$311.08
$264.53
$307.87
$476.53
$381.54
$425.01
$591.50
Item I.9
Packet Page 142
31 TRACTORS, HEAVY
Includes all attachments and accessories such as dozer blade, power control units and push blocks, when needed, but does not include backhoe, winch or ripper units listed elsewhere in this schedule.
[ TRACH ]
DELAY FACTOR = 0.14 OVERTIME FACTOR = 0.88

JOHN DEERE

DRESSER

FIAT-ALLIS

KOMATSU

CATERPILLAR
Model
Model
Model
Model
Model
[ DEER ]
[ DRES ]
[ F-A ]
[ KOMA ]
[ CAT ]
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
JD 350C
JD 350D
JD 400G
JD 450C
JD 450D
JD 450E
JD 450G
JD 450J LT/LGP
JD 550
JD 550A
JD 550B
JD 550G
JD 650G
JD 650H LGP
JD 750
JD 750B
JD 750 LGP
JD 750B LGP
JD 850
JD 850B
JD 850 LGP
JD 850B LGP
TD 7E
TD 7G
TD 8E
TD 8G
TD 12
TD 12 LGP
TD 15C
TD 15E
TD 15C LGP
TD 20E
TD 20G
TD 20G LGP
TD 25E
TD 25G
10C
10C LGP
14C
FD 20
21C
FD 30
31 FD 40
D 21P-6
D 31A-16
D 31A-17
D 31E-17
D 31E-18
D 31P-16
D 31P-17
D 31P-17B
D 58E-1
D 58P-1
D 65E-6
D 65E-7, E-8
D 65P-6
D 65P-7 / D 65P-8
D 68P-1
D 68E-1
D 83E-1
D 83P-1
D 85P-18
D 85A-18
D 85E-12
D 85E-18
D 135A-1
D 155A-1
D 155A-2
D 375A-1
D 375A-2
D 455A-1
D 475A-2
814
814B
824B
824C
834B
5360
5365
5405
5474
5476
5478
5479
5479J
5480
5481
5483
5484
5484A
5484H
5485
5486
5487
5488
5490
5491
5492
5495
9100
9102
9105
9107
9110
9115
9120
9122
9125
9130
9135
9137
9139
9140
6043
6044
6048
6056
6060
6060E
6061
6061E
7965
7970
7972
7976
7977
7980
7981
7981E
8003
8003H
8070
8072
8080
8082
8083
8085
8087
8088
8090
8114
8120
8140
8150
8160
8161
8175
8176
8180
8186
1400
1410
1720
1730
2010
$41.95
$47.14
$39.21
$41.92
$43.48
$44.30
$47.58
$57.56
$47.21
$51.16
$49.87
$55.35
$61.99
$65.97
$73.64
$80.75
$76.67
$97.70
$96.40
$110.96
$101.28
$118.38
$42.96
$47.58
$52.29
$55.94
$75.09
$85.72
$104.69
$127.71
$101.69
$142.04
$170.20
$178.07
$203.20
$247.46
$83.29
$84.20
$105.11
$151.27
$175.51
$203.81
$278.17
$315.32
$45.57
$39.80
$43.45
$45.37
$47.86
$40.20
$44.21
$46.43
$87.67
$95.89
$101.57
$112.64
$104.38
$116.22
$127.99
$122.64
$148.57
$149.99
$160.13
$142.27
$125.30
$152.91
$196.81
$226.74
$226.38
$360.11
$397.22
$441.36
$617.40
$134.55
$193.40
$220.61
$263.88
$396.38
Item I.9
Packet Page 143
32 TRACTORS, RUBBER TIRE,

INDUSTRIAL, FARM & SKID STEER

TRAFFIC CONTROL & SAFETY DEVICES
(HOURLY RATES)

TRAFFIC CONTROL & SAFETY DEVICES
(DAILY RATES)
Includes supplies and servicing. The following allowance is entered on the extra work by using days instead of hours worked. Crash cushion barrels and K-rail sections are now listed with Non-Operated items[NONOP]. [ TRACS ]
[ TRAFA ]
[ TRAFC ]
DELAY FACTOR = 0.12 OVERTIME FACTOR = 0.89
DELAY FACTOR = 0.36 OVERTIME FACTOR = 0.69
DELAY FACTOR = 0.73 OVERTIME FACTOR = 1.00

37.3 kW (50 HP) OR LESS
OVER 37.3 kW (50 HP)

CHANGEABLE MESSAGE SIGN

FLASHING ARROW SIGN
(1) BARRICADES
(2) TRAFFIC CONES
(3) PORTABLE DELINEATOR
(4) ILLUMINATED SIGNS
(5) FLASHING BEACON
(6) FLAG/SIGN STAND
(7) DELINEATOR DRUM
Including, but not limited to the following:

Bobcat--440B, 443B, 450, 453, 542B, 543B, 553, 742B, 743B, 753, 763, 773, 1840, 7753
Case-- 1818, 1825, 1835C, 1838
Deere-- 3375, 4475, 5200, 5575, 6675, 7775
Ford-- L250, L454, L455, L553, L555, L781
Gehl-- SL3310, SL3410, SL3725, SL3825, SL4525, SL4625
Hydra-Mac-- 1300, 1600, 1700D
JCB-- 165Robot, 165Robot Ser II
Massey-Ferguson-- MF30E
Mahto-- LS70, LS75, L933
Mustang-- 920, 920E, 921, 930A, 930AE, 940, 940E, 910, 911, 2040
New Holland-- 1220, 1320, 1620, 1920, 2120, 3415, 3930, L250, L255, L465, LX465, LX485, L565, LX565, LX665
Ramrod-- 230B, 300B, 584B, 784B, 550, 750, 1350, 1550
Thomas-- T-82, T-83, T-83S, T-103, T-132, T-133, T-133S Trak-- 1300HD, 1300C, 1300CX, 1500C
Including, but not limited to the following:

Bobcat-- 853, 863, 873, 943, 953, 980
Case-- 1845C
Deere-- 5300, 5400, 6200, 6300, 6400, 8875
Ford-- L783, L785, 250C, 260C
Gehl-- SL5625, SL6625, SL6635
Hydra-Mac-- 1850, 2650, 2650D
JCB-- 185Robot
Massey-Ferguson-- MF40E, MF50EX
Mustang-- 960, 2060
New Holland-- 4630, 5030, 5640, 6640, 7740, 7840, 8240, 8340, L865, LX865, LX885, 345D, 545D
Ramrod-- 1750, 1950
Thomas-- T-173HL, T-173HLS, T173HLS II, T-203HD, T233HD Trak-- 1700HD, 1700C, 1700CX, 1700XHP
Including supplies, replacements and servicing.
(A) 750 mm to 900 mm high & 600 mm to 900 mm wide (30 to 36 inches high & 24 to 36 inches wide)

(B) 1500 mm high by 1200 mm wide min. (60" high by 48" wide min.)
Lost or destroyed are no longer paid on invoice.

Lost or destroyed are no longer paid on invoice.

Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
Model
[ <50 ]
[ >50 ]
[ CMSN ]
[ FLAS ]
[ 1BAR ]
[ 2TC ]
[ 3DEL ]
[ 4SIG ]
[ 5BEA ]
[ 6FSS ]
[ 7DDR ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
with loader or dozer
auger, w/ or w/o loader or dozer
backhoe, w/ or w/o loader or dozer
with loader or dozer
auger, w/ or w/o loader or dozer
backhoe, w/ or w/o loader or dozer
Generator
Generator w/ cell remote
Solar
Solar w/ cell remote
Roof mounted
Trailer mounted
each with flasher
each without flasher
each
450 mm (18") high, per 100
700 mm (28") high, per 100
700 mm (28") high w/ refl sleeve, per 100
1,050 mm (42") high w/ refl sleeve, per 100
per 100
incl 900 mm x900 mm (3'x3') sign &
batteries
portable 12 volt
incl sign, stand & 3 flags
Del. drum w/ base per 100
A
B
C
A
B
C
GEN1
GEN2
SOL1
SOL2
RM
TM
A1
A2
B3
A100
B100
D100
E100
100
12V
12V
EACH
100
$34.75
$35.33
$37.45
$46.56
$47.29
$49.49
$19.50
$21.31
$13.96
$15.77
$1.23
$4.40
$0.58
$0.30
$1.31
$10.48
$18.18
$28.22
$46.93
$29.82
$7.33
$7.49
$3.38
$74.58
Item I.9
Packet Page 144
33 TRAILERS, EQUIPMENT, LOW BED

TRAILERS, EQUIPMENT, TILT BED

TRENCHING MACHINES
Includes all attachments and accessories related to hauling. The rates cover drop deck type with and without folding/removable gooseneck or oscillating trunion. Pilot vehicles are extra. Listed in accordance with number of axles and tires per axle. Includes jeeps, booster axles, and dollies. All loads shall be hauled legally or within Caltrans Permit Policy.

Includes all attachments and accessories related to hauling. Pilot vehicles are extra. Listed in accordance with the Mfr's rated capacity in tonnes(tons).

Includes all attachments and accessories. When used, tungsten carbide tips shall be replaced by separate invoice.
[ TRAIL ]
[ TRAIT ]
[ TRENC ]
DELAY FACTOR = 0.42 OVERTIME FACTOR = 0.64
DELAY FACTOR = 0.42 OVERTIME FACTOR = 0.64
DELAY FACTOR = 0.11 OVERTIME FACTOR = 0.91

LOW BED A

LOW BED B

LOW BED C

LOW BED D
TILT BED 1 AXLE
TILT BED 2 AXLES
BOBCAT
CASE

DITCH WITCH
2 axle
3 axle
4 axle
6 axle
Model
Model
Model
Model

OVER TO

OVER TO
Model
Model
Model
[ LB-A ]
[ LB-B ]
[ LB-C ]
[ LB-D ]
[ TB-1 ]
[ TB-2 ]
[ BCAT ]
[ CASE ]
[ D-W ]
Code
Code
Code
Code
Code
Code
Code
Code
Code
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Rate
4 Tires per axle
8 Tires per axle
4 Tires per axle
8 Tires per axle
4 Tires per axle
8 Tires per axle
8 Tires per axle
0 1.8 (2)

1.8 (2) 3.6 (4)

3.6 (4) 5.4 (6)

7.3 (8) 9.1 (10)

9.1 (10) 10.9 (12)

10.9 (12) 12.7 (14)

12.7 (14) 14.5 (16)

14.5 (16) 16.3 (18)

16.3 (18) 18.1 (20)

18.1 (20) 20.0 (22)

20.0 (22) 22.7 (25)
T 116
T 135
T 136
T 208
3022
TL 70
TL 100
TL 120
TL 200
16+4
25+4
25 + 4 XP
30+4 standard
DH 4
DH 4B
DH 5
DH 5 QUAD
DH 7
360
ROAD RUNNER 380
TF 300
TF 700
TF 800
TF 1000
760
R 30
R 36D
R 40
R 65
R 100
V 30
1410
1420
1500
1620
1810
2020
100
200
300
400
500
600
700
00-02
02-04
04-06
08-10
10-12
12-14
14-16
16-18
18-20
20-22
22-25
2000
2010
2020
2030
2040
9051
9053
9055
9070
9120
9170
9171
9224
9255
9256
9257
9259
9261
9263
9277
9374
9398
9405
9460
9465
5390
5400
5432
5556
5565
5618
5620
5625
5630
5635
5640
5645
$20.48
$25.83
$27.53
$31.91
$44.11
$54.72
$87.68
$1.09
$1.17
$1.93
$5.99
$6.90
$7.77
$8.63
$8.34
$8.05
$9.23
$8.97
$16.02
$36.81
$37.15
$8.25
$37.63
$6.80
$9.77
$11.78
$11.95
$17.09
$23.64
$30.00
$33.23
$45.15
$49.51
$42.59
$42.99
$50.50
$35.43
$49.55
$22.03
$30.65
$39.92
$45.39
$46.52
$30.85
$38.47
$39.70
$41.02
$94.11
$29.65
$12.11
$12.81
$9.01
$16.78
$17.15
$21.17
Item I.9
Packet Page 145
34 TRUCK, TRUCK TRAILERS, EXCL.

DUMP TRUCKS & EQPT TRAIL

TRUCKS, OFF-HIGHWAY
Includes all attachments and accessories related to hauling, with and without trailers as needed. Includes water trucks, freight trucks and passenger vehicles, including 4wd option. Listed by Mfr's Gross Vehicle Weight in Kilograms(pounds). For tractor-trailer units, the gross vehicle weight of the cargo carrying unit or units will control. In the case of water trucks, the tank capacity expressed in kilograms (pounds) of water plus 20%, will determine the gross vehicle weight. For attachment allowance, see attachment class.

Includes all attachments and accessories. Includes end dump, belly dump and earthmover types. Listed in accordance with Mfr's rated capacity in tonnes (tons). In the case of earthmover types, rated by Mfr's volumetric capacity, a factor of 1.4 tonnes per cubic meter (1-1/2 tons per cubic yard) of struck capacity shall be used.
[ TRUCK ]
[ TRUOF ]
DELAY FACTOR = 0.12 OVERTIME FACTOR = 0.89
DELAY FACTOR = 0.22 OVERTIME FACTOR = 0.79

MIDMARK

VERMEER
TRUCKS

TRUCK OFF-HIGHWAY
Model
Model

OVER TO

OVER TO
[ MDMK ]
[ VERM ]
[ T&TT ]
[ TRU ]
Code
Code
Code
Code
Rate
Rate
Rate
Rate
2200
2300
2310
3210
3210 Combo
3500
4010
4010 Combo
5010
6510
6510 Combo
300 A
321
400 A
440
CC-135
M 220
M 455 / M455A
M 475
M 475A
M 485
M 495
T 300B, T 300A
T 400C, T 400B, T 400A
T 600D, C, B, A
T 650
T 800B, T 800A, T800
T 800C
T 850
V 430
V 430A
V 434 / M 434
V 440
V 450
V 454
V 1550

CARS , LIGHT TRUCKS
3175 (7000) 5443 (12000) No small
pickups
5443 (12000) 9072 (20000)
9072 (20000) 12701(28000)
12701 (28000) 16330 (36000)
16330 (36000) 21773 (48000)
21773 (48000) 27216 (60000)
27216(60000) & Over

9.1 (10) 13.6 (15)

16.3 (18) 20.0 (22)

20.0 (22) 24.5 (27)

24.5 (27) 29.0 (32)

29.0 (32) 36.3 (40)

36.3 (40) 49.9 (55)

49.9 (55) 60.8 (67)
5650
5660
5662
5670
5675
5676
5677
5678
5679
5680
5685
7945
7950
7955
7960
8350
8380
8480
8570
8571
8580
8585
8718
8781
8842
8843
8870
8871
8875
8950
8951
9000
9015
9017
9020
9025
00-06
06-12
12-20
20-28
28-36
36-48
48-60
60 10-15
18-22
22-27
27-32
32-40
40-55
55-67
$20.17
$30.59
$32.27
$34.54
$35.44
$40.66
$52.80
$39.95
$40.52
$47.80
$51.01
$30.67
$31.99
$38.97
$48.60
$102.36
$20.44
$46.10
$48.41
$55.51
$52.10
$86.29
$31.36
$65.86
$94.62
$157.83
$150.95
$165.08
$294.06
$35.60
$39.85
$34.36
$37.53
$43.58
$38.32
$18.98
$34.98
$39.56
$51.25
$54.23
$61.23
$81.92
$90.25
$101.56
$63.50
$113.71
$141.91
$162.33
$220.26
$326.03
$366.29
Item I.9
Packet Page 146
35 TRUCKS, DUMP, ON-HIGHWAY WELDING EQUIPMENT
Includes all end dump, side dump and belly dump types; including all attachments and accessories.
[ TRUON ] [ WELD ]
DELAY FACTOR = 0.18 OVERTIME FACTOR = 0.84 DELAY FACTOR = 0.20 OVERTIME FACTOR = 0.83

TRUCK ON-HIGHWAY

ARC WELDING MACHINES

GAS WELDING OUTFIT
Diesel, gas or electric powered. Includes helmets, holders, cable and all attachments and accessories. Rate capacity in amps.

Includes regulator, 7.6 meters (25 feet) of hose, torch, goggles, lighter and attachments and accessories. Gas and rod shall be paid separately.

Model OVER TO
Model
[ TRUN ]
[ AWM ]
[ GWO ]
Code Code
Code
Rate Rate
Rate
2 axles
3 axles
4 axles
5 axles
0 250
250 500
over 500
ALL
2AXL
3AXL
4AXL
5AXL
0-250
250-500
500
ALL
$69.84
$91.50
$103.20
$115.18
$7.46
$14.37
$15.04
$0.38
Item I.9
Packet Page 147
Presidio Systems, Inc.

License #832413
Industrial Process Controls  Construction and Environmental Services  Electrical Services  Pipeline Inspection/Certification 159 Wright Brothers Avenue, Livermore, CA 94551  (925) 456-8400 Phone  (925) 456-8404 Facsimile www.presidiosystems.com
July 24, 2026
City of Orinda Public Works
22 Orinda Way
Orinda, CA 94563
Attention: Scott Christie
Subject: On Call CCTV/Hydro-Flush
Dear Mr. Christie,
As per your request, Presidio Systems, Inc. (PSI) is please to give you our rate sheet for on call work as it arises.

Presidio Systems, Inc. has been business since 2002. We have an A, C10 license.

PSI maintains a fleet and equipment inventory capable of supporting multiple concurrent operations, including:
• Three (3) combination vacuum/hydro-cleaning trucks
• Three (3) CCTV inspection vans
• Two (2) portable CCTV inspection units
This equipment allows PSI to maintain consistent production while retaining the flexibility to scale operations when required.

On call rates for City of Orinda Storm/Sewer:
• CCTV – All size pipe (NASSCO certified) $400.00/hr
• Hydro-Vac (PACP certified) $550.00/hr
Minimum of (4) hours. Time starts when crew gets onsite. The rates are the total cost. They include all labor and mobilization to complete the job
PSI personnel are highly trained and certified, including NASSCO PACP, MACP and LACP certifications, as well as OSHA and Confined Space safety training. The company maintains a strong safety culture, with zero job-site accidents and an Experience Modification Rate (EMR) of .68
PSI has not been involved in any litigation, claims or settlements arising from public or private projects within the past fifteen (15) years. PSI has no history of disputes, contract defaults, or claims paid by insurers related to project performance.

Item I.9
Packet Page 148
Industrial Process Controls  Construction and Environmental Services  Electrical Services  Pipeline Inspection/Certification 159 Wright Brothers Ave, Livermore, CA 94551  (925) 456-8400 Phone  (925) 456-8404 Facsimile www.presidiosystems.com
Our focus and company commitment is to team with customers to satisfy all their needs at a reasonable cost to increase their efficiency and profitability. All our field technicians are 40- hour OSHA certified (CF1910.120) and certified and equipped for confined space entry.

Presidio Systems, Inc. is also a CS-1 approved and NASSCO certified TV contractor.

If you have any questions, please do not hesitate to contact me.

Sincerely,
Mike Schratz
Mike Schratz,
Presidio Systems, Inc.

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CITY OF ORINDA

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

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

2. Duties of Provider.
a. Provider agrees to perform services on-call drainage repair services, as described in Exhibit A, which is attached to this agreement and incorporated by this reference.

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

3. Time of Performance.
a. This agreement shall not be effective and no payments shall be made to Provider until:
(i) City has received satisfactory evidence that Provider has met all of the insurance requirements, and
(ii) All required signatures have been obtained.
b. The effective date of this agreement shall be the date on which the last signature is affixed or on receipt of satisfactory evidence of insurance, whichever is later. c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed on a fiscal year basis and the term of this agreement will extend until June 30, 2029. City has the option to extend this agreement an additional two years, until June 30, 2031.

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4. Compensation.
a. City agrees to pay Provider at the unit prices and rates described in Exhibit A, up to a per task not-to-exceed limit to be agreed to on a case by case repair basis, or on a lump sum quoted price to be agreed to on a case by case repair basis. The total not-to-exceed maximum contract price is $100,000 per fiscal year for all services performed under this agreement. On a fiscal year basis, the unit prices/labor rates will be negotiated by the Parties to account for inflation and other factors.
b. Provider shall bill City in a timely manner for work done per task. The billings shall contain, if on a time and materials not-to-exceed basis, total hours worked on call outs or repair requests by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount.
c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.

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

6. Conflict of Interest.

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

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

7. Work Product, Intellectual Property and Records.

All documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s Item I.9
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property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royalty-free, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.

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

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

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

8. Assignment; Subcontracts.

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

9. Licenses and Compliance with Laws.

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

10. Insurance Types and Limits.

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

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

11. Additional Insurance Requirements.

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

Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.
d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof Item I.9
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of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City. g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. Verification of Insurance.

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

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

13. Indemnification.

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

Provider shall not be obligated to indemnify City against liability arising from the sole Item I.9
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negligence or willful misconduct by City. The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

15. Notices.

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

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
address

16. Litigation.

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

17. Waivers.

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

18. Modification.

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

19. Severability.

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

20. Termination.
a. Termination Without Cause: At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination Item I.9
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without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. City shall then pay Provider for services satisfactorily rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.

21. Entire Agreement.

22. Governing Law and Venue.

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

23. Authority to Enter Agreement.

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

24. Successors and Assigns.

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

25. Headings and Construction.

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

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

26. Referenced Specifications
State of California Standard Specifications, latest edition is hereby incorporated by reference and shall be referred to as needed for applicable sections, including but not limited to Item I.9
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those specifying prevailing wages, legal requirements, guaranty clause for a minimum of 1 year, extra work and other requirements.

27. Fema Required Debarment & Suspension Certification
Provider’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Provider has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Any exceptions to this certification must be disclosed to CITY.

IN WITNESS WHEREOF, the parties hereto have executed this agreement.

City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Provider
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:

Exhibit A – Proposal & Unit Price Schedule
Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language Item I.9
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CITY COUNCIL STAFF REPORT
Department: Parks & Recreation
Meeting Date: August 18, 2026
SUBJECT:

Lease Agreements with the Orinda Association and the Orinda Historical Society EXECUTIVE SUMMARY:

RECOMMENDATION:

Adopt Resolution 66-26 Approving the Lease Agreements with the Orinda Association and the Orinda Historical Society.

BACKGROUND:

Since 2002, the City of Orinda has leased space to the Orinda Association and to the Orinda Historical Society at the Orinda Library. The most recent agreements were approved June 2023. As part of those leases, the Orinda Association leased 359 square feet plus 98 square feet of storage with a monthly rent of $1,094. The Orinda Historical Society leased 593 square feet with a flat rate of $75 per month. The current leases expired on June 30, 2026. Since that time, the City has been utilizing the hold over provisions of their respective leases for the continuance of operations.

DISCUSSION:

The following is a discussion regarding the proposed terms, including modifications:

Orinda Association
The Orinda Association (OA) has been a responsible tenant that provides valuable services to the community and the City would like to enter into a new lease agreement for use of an office space in the Orinda Library, with an effective date of September 1, 2026 with no provision for the rate to increase over the term of the lease. The proposed term will expire on June 30, 2029.

The new lease agreement sets the monthly market rate at $1074 per month, which is then discounted to a net payment of $623.00 per month (same as in the previous agreement).

Under both the current and proposed leases, in lieu of payment for a portion of the total rent, Orinda Association agrees to operate certain volunteer services. The value assigned to the volunteer services is $451 per month. The Orinda Association operates a Volunteer Item I.10
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Center and recruits volunteers through a variety of methods. In addition, the Orinda Association will provide annual accounting of its operation to the City Council around April 1 of each year.

The Orinda Association is requesting some modest changes to the lease language, including a reduction in the business hours of the OA office, to decrease staff costs, and the addition of concerted effort by the City to reduce the noise emanating from the adjacent fountain pump room, which is currently being addressed. Other aspects of the previous lease agreement remain unmodified.

In addition to the formal lease, City staff and the OA board are working on a separate Memorandum of Understanding (MOU) outlining multiple collaborative efforts benefiting the community, including public forums, a street banner program, and addressing shared concerns about homebound seniors and fire safety issues, including evacuation planning and outreach.

Orinda Historical Society (OHS)
The proposed changes to the previous lease include changes to public hours. OHS has requested to hold regular hours only on Saturdays, with a continued commitment for additional hours as requested by the public by appointment. All other aspects of the previous lease agreement remain unmodified. The lease term will expire on June 30, 2029.

Separate from the lease, Staff is also working with OHS to develop a Memorandum of Understanding regarding their use of the de Laveaga Train Station, a City-owned building located at the corner of Bates Boulevard and Davis Road. For years, OHS has provided items for display at the train station and offered docent-led tours of the facility. This will be brought back at a later date.

FISCAL IMPACT:

The leases with OA and OHS bring in a nominal amount of rent annually, just over $8,000.

The services provided to the community justify the minimal rent collected.

STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. Resolution 66-26 Approving Lease Agreements with the Orinda Association and the Orinda Historical Society
B. Exhibit A to the Resolution – Lease Agreement with the Orinda Association C. Exhibit A to the Resolution - Lease Agreement with the Orinda Historical Society Prepared by: Todd Trimble, Parks and Recreation Director Respectfully Submitted by,
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Todd Trimble, Parks and Recreation Director
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 66-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

APPROVING LEASE AGREEMENTS WITH THE ORINDA ASSOCIATION AND THE

ORINDA HISTORICAL SOCIETY
WHEREAS, since 2002, the City has leased space to the Orinda Association (OA) and to the Orinda Historical Society (OHS) at the Orinda Library; and WHEREAS, in June 2023, the City of Orinda entered into a lease agreements with OA and OHS for three-year terms; and
WHEREAS, the current leases expired on June 30, 2026, and the City has been utilizing a holdover provision within the leases for their continued operations; and
WHEREAS, the new lease agreements modify some terms from the previous leases, primarily in the hours of operations for both OA and OHS.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the lease agreements with the Orinda Association and the Orinda Historical Society, attached as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements and take further action as necessary to carry out the intent of this Resolution.

Adopted by the City Council of the City of Orinda at a regular meeting on August 18, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Brandyn Iverson, Mayor
ATTEST:
__________________________
Sheri Marie Smith, City Clerk
Exhibit A: Lease Agreements for Orinda Association and the Orinda Historical Society Item I.10
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Orinda Historical Society Lease – Orinda Library
Spaces 106/107

1. PARTIES.

This Lease, dated as of the date of the last signature, is made by and between the City of Orinda (“Landlord”) and Orinda Historical Society, a non-profit corporation (“Tenant”). Tenant is independent of the City and is solely responsible for its acts or omissions. Tenant (including its agents, servants, and employees) is not City’s agent, employee or representative for any purpose.

2. LEASE OF PREMISES.
(a) Landlord leases to Tenant and Tenant leases from Landlord the Premises shown on Exhibit A and further described in Section 3(e) for the purpose of operating a public place to store Orinda Area Historical Archives which from time to time will be utilized for archival research by the general public.
(b) This Lease is subject to the terms, covenants and conditions set forth in this document and each party agrees as a material part of the consideration for this Lease to keep and perform each and all of its terms, covenants and conditions.
(c) This Lease is also subject to the terms and provisions of the Lease-Option and the Ground Lease (between the City of Orinda and The Friends of the Orinda Library) governing the Orinda Library building and related facilities, including the Premises and its environs. To the extent that this Lease is inconsistent with either of those leases, the Lease-Option and the Ground Lease shall control the rights and obligations of the parties to this Lease and shall supersede this Lease. The terms of the Lease-Option and the Ground Lease are therefore incorporated into this lease by this reference.
(d) The Lease Term shall commence as of September 1, 2026 (the Lease Term Commencement Date) and shall continue until June 30, 2029.

3. DEFINITIONS.

As used in this Lease, the following terms have the following meanings:
(a) Common Areas: All spaces, equipment and facilities in the areas of the Orinda Library shown on Exhibit D other than the Premises, the premises of other tenants, the auditorium and the space occupied by the operating library and its support services. (b) Ground Lease: The lease dated October 7, 2001, between the City of Orinda, lessor, and The Friends of the Orinda Library, lessee, for use of property owned by the City for the location of the new Orinda Library and related facilities.
(c) Landlord’s Mailing Address: City of Orinda, 22 Orinda Way, Orinda, CA 94563, Attention: City Manager.
(d) Lease-Option: The lease dated October 7, 2001, between The Friends of the Orinda Library, lessor, and the City of Orinda, lessee, for use and operation of the Orinda Library building and related facilities.

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(e) Premises: That portion of the Orinda Library containing approximately 593 square feet of floor area as shown on Exhibit A and commonly designated as space/unit 106/107. (f) Orinda Library: The building of which the Premises is a part and any other buildings and improvements on the real property ("Property") located at 26 Orinda Way and further described on Exhibit D.
(g) Tenant’s Mailing Address: P.O. Box 82, Orinda, CA 94563. (h) Tenant’s Proportionate Share: 2.78%. This share is the percentage equivalent of a fraction, the numerator of which is the rentable area of the Premises and the denominator of which is the total rentable area of the buildings in the Orinda Library available for the use and occupancy by tenants as determined by Landlord from time to time on a consistent basis.

4. TENANT SERVICES & PAYMENTS.
(a) In lieu of paying the otherwise-applicable market rate rent, Tenant shall perform the following services:
(i) Operate and provide to the public a place to research Orinda Historical Archives and a space linked to the research and cataloging of items connected to Orinda’s history in coordination with the Orinda Library. Tenant shall provide: (1) regular public access hours to its museum, with regularly changing displays; (2) educational tours to the public of historical sites conducted by members of the Orinda Historical Society; (3) public access by appointment to the museum and archives for the conduct of historical research; and (4) such additional public access as may be agreed by Tenant and City Staff. (ii) Provide an annual written report to the City. The report shall be submitted to the City no later than June 30 of each year and shall address Tenant’s provision of services described above.
(b) In addition, Tenant shall pay to Landlord a monthly payment of $80.00 per month beginning on September 1, 2026.

5. USES & OPERATIONS.

Any use other than a public place to store and research Orinda Area Historical Archives is prohibited.

Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything on or in the premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Orinda Library or any of its contents or cause a cancellation of any insurance policy covering the Orinda Library or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Orinda Library or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Tenant shall not permit litter and other refuse in and around the Premises. For this purpose, Tenant shall provide and maintain sufficient waste containers in convenient locations near the Premises.

Tenant shall follow the procedures established by Landlord at the Orinda Library for the separation and disposal of recyclables, compostables and other waste.

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6. COMPLIANCE WITH LAW.

Tenant shall not use the Premises or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may later be in force and with the requirements at any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant’s improvements or acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant.

7. ALTERATIONS AND ADDITIONS.

Tenant shall not make or allow any alterations, additions or improvements to or of the Premises without first obtaining the written consent of Landlord. Any alterations, additions or improvements to or of the Premises, including but not limited to wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. In the event Landlord consents to any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in a good and workmanlike manner in accordance with all applicable laws (including laws relating to the use of hazardous materials such as asbestos-containing materials) and diligently completed. At the end of the lease, the tenant shall quickly remove any alterations, additions, or improvements made by Tenant which the Landlord designates to be removed at that time. The removal shall be at Tenant’s sole cost and expense. Also, Tenant shall quickly repair any damage to the Premises caused by such removal at its sole cost and expense.

8. REPAIRS.
(a) By entering the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises in good condition and repair (except for Landlord’s obligations) including without limitation, the maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and lighting fixtures and conduits, heating and air conditioning system (when there is an air conditioning system). Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant.
(b) Regardless of other terms of this lease, Landlord at its expense shall maintain and repair the structural portions of the Orinda Library, including the exterior walls and the structural portions of the roof, unless such maintenance and repair are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees, invitees, or any damage caused by breaking and entering, in which case Tenant shall pay to Landlord the actual cost of such maintenance and repairs. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant.

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Except as provided in Section 22, there shall be no abatement of payments due and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Orinda Library or the Premises or in or to fixtures, appurtenances and equipment located there. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or later in effect.

9. LIENS.

Tenant shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant.

Landlord may require, at Landlord’s sole option, that Tenant shall provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of any improvements, additions, repairs or alterations in the Premises which Tenant desires to make, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work.

10. ASSIGNMENT AND SUBLETTING.

11. HOLD HARMLESS.
(a) Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant’s use of the Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought in relation to this lease. If any action or proceeding is brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, assumes all risk of damage to property or injury to persons in, on or about the Premises, from any cause other than Landlord’s negligence; and Tenant waives all claims against Landlord relating to such damages and injuries. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises.
(b) Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Orinda Library or from the pipes, appliances or plumbing works in that location or from the roof, street or subsurface or from any other place resulting from dampness or any other cause, unless caused by or due to the negligence of Landlord, its agents, servants or employees.

Landlord or its agents shall not be liable for interference with the light, air, or for any latent defect in the Premises.

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12. INSURANCE.

Tenant shall, at Tenant’s expense, maintain Workers’ Compensation insurance and employer’s liability insurance in accordance with California law. In addition, Tenant shall require each subcontractor approved by the City to similarly maintain workers’ compensation insurance and employer’s liability insurance in accordance with California law.

Tenant shall, at Tenant’s expense, obtain and keep in force during the Lease Term a policy of commercial general liability insurance (sometimes known as comprehensive public liability insurance) insuring Landlord and Tenant (and, if requested by Landlord, Landlord’s lender and property manager) against any liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of the ownership, use, occupancy or maintenance of the Premises and all appurtenant areas.

Such insurance shall be in the amount of not less than $1,000,000 per occurrence. The limit of any such insurance shall not, however, limit the liability of Tenant under this Lease. Tenant may provide this insurance under a blanket policy, provided that this insurance shall have a Landlord’s protective liability endorsement attached. If Tenant shall fail to procure and maintain this insurance, Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. (a) Insurance required by this Lease shall be by companies rated A:XlI or better as set forth in the most current “Best’s Key Rating Guide.”
(b) The insurance policy shall name Landlord, its officers, employees and volunteers as additional insureds.
(c) No policy shall be cancelable or subject to reduction of coverage. (d) All such policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry.

Tenant shall deliver certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord. In addition, Tenant shall provide an endorsement itemizing the requirements set forth in (b), (c), and (d) of this section 12 and setting forth the insurer’s waiver of rights of subrogation under Paragraph 13 below.

13. SUBROGATION.

Tenant’s insurer shall waive all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents and volunteers.

14. UTILITIES.

Tenant shall pay for all water, gas, heat, light, power, sewer charges, telephone service and all other services and utilities supplied to the Premises, together with any taxes. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises.

15. PERSONAL PROPERTY TAXES.

Tenant shall pay, or cause to be paid, before delinquency any and all taxes levied or assessed and which become payable during the Lease Term upon all of Tenant’s leasehold improvements, equipment, Item I.10
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furniture, fixtures and any other personal property located in the Premises. In the event any or all of Tenant’s leasehold improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant’s property.

16. RULES AND REGULATIONS.

Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate for the operation of the Orinda Library and related facilities and surrounding areas. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of any rules and regulations by any other tenants or occupants.

17. HOLDING OVER.

If Tenant remains in possession of the Premises or any part of the Premises after the expiration of the Lease Term with the express written consent of Landlord, such occupancy shall be a tenancy from month to month, plus all other charges payable under this Lease, and on all the Lease terms applicable to a month-to-month tenancy.

18. ENTRY BY LANDLORD.

Landlord reserves, and shall at any and all times during business hours have, the right to enter the Premises to inspect them, to submit the Premises to prospective purchasers or tenants, to post notices of non-responsibility, to repair and maintain the Premises and any portion of the Orinda Library of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of payments due, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonably blocked by such structures, and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned as a result of Landlord actions and omissions under this paragraph. Landlord at any and all times shall have the right to use any and all means which Landlord may deem proper to open Tenant’s doors in an emergency in order to obtain entry to the Premises, without liability to Tenant except for any failure to exercise due care for Tenant’s property. Any entry to the Premises obtained by Landlord by any of these means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion.

19. TENANT’S DEFAULT.

In addition to other provisions of this lease, the occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant. (a) The vacating or abandonment of the Premises by Tenant. (b) The failure by Tenant to provide the required services and/or make any payment required to be made by Tenant, as and when due, where such failure shall continue for a period of three (3) days after written notice by Landlord to Tenant.

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(c) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in (b), above, where such failure shall continue for a period of thirty (30) days after written notice by Landlord to Tenant; provided, however, that if the nature of Tenant’s default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and then diligently prosecutes such cure to completion.
(d) Any general assignment or general arrangement for the benefit of creditors of Tenant; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days.
(e) Failure to provide hours of operation as required by Landlord from time to time under section 27 below.

20. REMEDIES UPON TENANT’S DEFAULT.

Unpaid installments of payments due or other sums shall bear interest from the date due at the maximum legal rate; or
(b) Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover any charges and Expenses as may become due; or
(c) Pursue any other remedy or combination of remedies now or later available to Landlord under the laws of the state of California.

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21. DEFAULT BY LANDLORD.

Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have been furnished previously to Tenant in writing, specifying how Landlord has failed to perform such obligation. If the nature of Landlord’s obligation is such that more than thirty (30) days are required for performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default and Tenant’s remedies shall be limited to damages or an injunction.

22. RECONSTRUCTION.

N.B. The provisions of this section, like all other provisions of this Lease, are subject to and conditioned on the provisions of the Lease-Option and the Ground Lease as more particularly described in Section 2(c) above.
(a) In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to immediately repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent if any from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of payments due. (b) In the event the Premises are damaged to any extent as a result of any cause other than the perils covered by fire and extended coverage insurance, Landlord shall have the option: (1) to repair, reconstruct or restore the Premises, in which event this Lease shall continue in full force and effect but the Minimum Rent if any shall be proportionately reduced as provided in this Section during the period of such repair, reconstruction or restoration; or (2) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent if any, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by Tenant in the Premises, shall be paid up to date of said such termination. (c) Anything to the contrary contained in this Section 22 notwithstanding, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last twenty-four months of the Lease Term or any extension.
(d) Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

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23. EMINENT DOMAIN.

If all or any portion of the Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, either party shall have the right, at its option, within sixty (60) days after said taking, to terminate this Lease upon thirty (30) days written notice. Landlord shall be entitled to any and all awards and settlements which may be given on account of the reduction in the value of the leasehold, the taking of the fee or otherwise and Tenant shall have no claim against Landlord for the value of any unexpired portion of the Lease Term.

24. PARKING AND COMMON AREAS.
(a) Landlord covenants that an area approximately equal to the Common Areas as shown on the attached Exhibit D shall be at all times available for the non-exclusive use of Tenant during the full Lease Term or any extension, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such Common Areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such Common Areas, provided, however, that regardless of this Section 24, those areas shall at all times be substantially equal or equivalent to that shown on the attached Exhibit D.
(b) Landlord shall keep the automobile parking and Common Areas in a neat, clean and orderly condition and shall repair any damage to the facilities, but all expenses in connection with said Common Areas shall be charged and prorated in the manner as set forth in Section 4. (c) For the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, Tenant shall have the non-exclusive right in common with Landlord and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants to use the appropriate Common Areas during the entire Lease Term, or any extension of the Lease, for ingress and egress, and automobile parking.
(d) Tenant, in the use of said Common Areas, agrees to comply with such reasonable rules, regulations and charges for parking as Landlord may adopt from time to time for the orderly and proper operation of said Common Areas. Such rules may include but shall not be limited to the following: (1) the restricting of Tenant parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant’s refuse and other rubbish at the sole cost and expense of Tenant.

25. SIGNS.

Tenant may affix and maintain upon the glass panes and supports of the show windows and within twelve (12) inches of any window and upon the exterior walls of the Premises only such signs, advertising placards, names, insignia, trademarks and descriptive material as shall have first received the written approval of Landlord as to type, size, color, location, copy nature and display qualities. In no case shall Tenant affix any sign to the roof.

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26. DISPLAYS.

Tenant will provide and install exhibits to be placed in the display window as depicted on Exhibit B. The display window exhibit shall be changed at least semi-annually and Tenant will maintain the interior of the display window. Tenant may not display, store, or sell merchandise outside the defined exterior walls and permanent doorways of the Premises. Tenant further agrees not to install or use any exterior lighting, sound speakers or any audio electronic equipment which may be heard or seen outside the Premises.

27. HOURS OF BUSINESS.

An important purpose of this lease is to use the Premises to contribute to an active community vitality in the Heart of Orinda area. Visible activity and traffic to and from the Premises is therefore desirable to the City. For that reason, and subject to the provisions of Section 22, Tenant shall continuously during the entire Lease Term conduct and carry on Tenant’s business in the Premises and shall keep the Premises open for business and cause Tenant’s business to be conducted at the Premises at least eight (8) hours each month, generally from 11 a.m. to 1 p.m. on Saturday of each week, with additional hours as requested by the public by appointment; provided, however, that this provision shall not apply if the Premises should be closed and the business of Tenant temporarily discontinued on account of strikes, lockouts or similar causes beyond the reasonable control of Tenant. Landlord shall have the right to require hours of operation which are more than those stated above. If Landlord and Tenant are not able to agree on required hours of operation, the Landlord shall have the right to terminate the lease.

28. GENERAL PROVISIONS.
(a) Attachments. All attachments are incorporated into this document as though set forth completely in it.
(b) Waiver. The waiver by Landlord of any term, covenant or condition of this Lease shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition of this Lease. The subsequent acceptance of payments due by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding default at the time of acceptance of such payments due.
(c) Joint Obligation. If there is more than one Tenant, the obligations of this Lease shall be joint and several.
(d) Marginal Headings. The marginal headings and section titles to the sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part. (e) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor.
(f) Successors and Assigns. The covenants and conditions of this lease, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and alleged assigns of the parties.
(g) Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum may be recorded at the request of, or with the permission of, Landlord.

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(h) Quiet Possession. Upon Tenant’s paying the payments due and observing and performing all of the covenants, conditions and provisions on Tenant’s part to be observed and performed, Tenant shall have quiet possession of the Premises for the entire Lease Term, subject to all the provisions of this Lease.
(i) Late Charges. Tenant acknowledges that late payment by Tenant to Landlord of payments due or other sums due will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises, and attorneys’ fees and costs.

Accordingly, if any installment of payments due or any sum due from Tenant shall not be received by Landlord’s designee within ten (10) days after written notice that the amount is past due, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount), plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay payments due and/or other charges when due. The parties agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant.

Acceptance of such late charges by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies in this Lease.
(j) Prior Agreements. This Lease contains all of the agreements of the parties with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties.
(k) Inability to Perform. This Lease and the obligations of Tenant shall not be affected or impaired because Landlord is unable to fulfill any of its obligations or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of Landlord.
(l) Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision and such other provision shall remain in full force and effect.
(m) Cumulative Remedies. No remedy or election in this Lease shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. (n) Choice of Law. This Lease shall be governed by the laws of the State of California. (o) Attorneys’ Fees. In the event of any action or proceeding brought by either party against the other under this Lease the prevailing party shall be entitled to recover its expenses and costs, including its attorneys’ fees and expert witness fees in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable. (p) Sale of Premises by Landlord. In the event of any sale of the Premises by Landlord, Landlord shall be and is entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission Item I.10
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occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of Landlord under this Lease. (q) Subordination; Attornment. Upon request of Landlord, Tenant will in writing subordinate its rights under this lease to the lien of any mortgage or deed of trust, to any bank, insurance company or other lending institution, now or later in force against the Premises, and to all advances made or later to be made on the security for such advances. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Premises, Tenant shall become the tenant of the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease. Regardless of the provisions of this section 28(q), so long as Tenant is not in default, this Lease shall remain in full force and effect for the full term. (r) Notices. Wherever this Lease requires or permits notice or demand to be given by either party to the other, such notice or demand shall be in writing and given or served, either personally or in writing forwarded by certified mail, return receipt requested, addressed to the parties at the addresses specified in Sections 3(c) and (g). Either party may change such address by written notice to the other.
(s) Tenant’s Statement (Estoppel Certificate). Tenant shall at any time and from time to time, upon not less than three days prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect), and the date to which the payment and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord, or specifying such defaults if any are claimed, and (c) setting forth the date of commencement of payments due and expiration of the Lease Term. Any such statement may be relied upon by the prospective purchaser or encumbrance of all or any portion of the real property of which the Premises are a part.

29. COMPLIANCE.

The parties agree to comply with all applicable federal, state and local laws, regulations, codes, ordinances and administrative orders having jurisdiction over the parties, property or the subject matter of this Agreement, including, but not limited to, the 1964 Civil Rights Act and all amendments, the Foreign Investment In Real Property Tax Act, the Comprehensive Environmental Response Compensation and Liability Act, and The Americans With Disabilities Act.

30. SHARED MEETING/WORKSPACE.

Landlord agrees that Space 108 as shown on Exhibit C will be available as a workspace for the Tenant on a space available basis as scheduled by the City.

31. TENANT FINANCIAL STATEMENTS.

Tenant, upon request by Landlord, shall provide to Landlord current financial statements for the nonprofit corporation.

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32. AUTHORITY OF TENANT
Tenant represents and warrants that the individual executing this Lease on behalf of the corporation has full authority to do so and that this Lease binds the corporation.

33. BINDING ARBITRATION
Any dispute or claim arising out of this Lease shall be determined by arbitration pursuant to the provisions of the Code of Civil Procedure sections 1280 et seq. or such law then in force in California governing arbitration, with any rules of procedure not set out in such law to be established by a professional arbitration association. If the parties are unable to agree on an arbitrator, each party shall select an arbitrator within 15 days after a demand for arbitration by any party, with a third arbitrator to be selected jointly by the two arbitrators within 15 days after the original two arbitrators are selected. The parties shall share equally in the costs of the arbitration.

NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY

CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE

SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND

APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO

ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO

ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO

SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. _____________ Landlord by: __________________________________________ _____________ Tenant by: __________________________________________ LANDLORD: TENANT:

By: By:

Linda Smith, City Manager
Date:__________ Alison Burns, President
Date:__________
Attest:

By:

Sheri Smith, City Clerk
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Approved as to form:

By:

Osa L. Wolff, City Attorney
CONSULT YOUR ATTORNEY. If this Lease has been filled in it has been prepared for submission to your attorney for his or her approval. No representation or recommendation is made by the City of Orinda or its agents or employees as to the legal sufficiency, legal effect, or tax consequences of this Lease.
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Orinda Association Office Space Lease – Orinda Library
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1. PARTIES.

This Lease, dated as of the date of the last signature, is made by and between the City of Orinda (“Landlord”) and Orinda Association, a non-profit corporation (“Tenant”). Tenant is independent of the City and is solely responsible for its acts or omissions. Tenant (including its agents, servants, and employees) is not City’s agent, employee or representative for any purpose.

2. LEASE OF PREMISES.
(a) Landlord leases to Tenant and Tenant leases from Landlord the Premises shown on Exhibit A and further described in Section 3(e) for office and storage purposes. (b) This Lease is subject to the terms, covenants and conditions set forth in this document and each party agrees as a material part of the consideration for this Lease to keep and perform each and all of its terms, covenants and conditions.
(c) This Lease is also subject to the terms and provisions of the Lease-Option and the Ground Lease (between the City of Orinda and The Friends of the Orinda Library) governing the Orinda Library building and related facilities, including the Premises and its environs. To the extent that this Lease is inconsistent with either of those leases, the Lease-Option and the Ground Lease shall control the rights and obligations of the parties to this Lease and shall supersede this Lease. The terms of the Lease-Option and the Ground Lease are therefore incorporated into this lease by this reference. The Lease-Option Agreement allows the City to sublease that area designated as Room 111 to a community-based organization.
(d) The Lease Term shall commence as of September 1, 2026 (the Lease Term Commencement Date) and shall continue until June 30, 2029.

3. DEFINITIONS.

As used in this Lease, the following terms have the following meanings:
(a) Common Areas: All spaces, equipment and facilities in the areas of the Orinda Library shown on Exhibit B other than the Premises, the premises of other tenants, the auditorium and the space occupied by the operating library and its support services. (b) Ground Lease: The lease dated October 7, 2001, between the City of Orinda, lessor, and The Friends of the Orinda Library, lessee, for use of property owned by the City for the location of the new Orinda Library and related facilities.
(c) Landlord’s Mailing Address: City of Orinda, 22 Orinda Way, Orinda, CA 94563, Attention: City Manager.
(d) Lease-Option: The lease dated October 7, 2001, between The Friends of the Orinda Library, lessor, and the City of Orinda, lessee, for use and operation of the Orinda Library building and related facilities.
(e) Premises: That portion of the Orinda Library containing approximately 359 square feet of floor area as shown on Exhibit A and commonly designated as space/unit 111 as well as that portion Item I.10
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containing approximately 98 square feet of storage space and commonly designated as space/unit 110. The total rentable area is approximately 457 square feet. (f) Orinda Library: The building of which the Premises is a part and any other buildings and improvements on the real property ("Property") located at 26 Orinda Way and further described on Exhibit B.
(g) Tenant’s Mailing Address: P.O. Box 97, Orinda, CA 94563.

4. TENANT SERVICES & PAYMENTS.
(a) The ordinarily applicable monthly market rate rent for the premises (457 square feet) is $2.35 per square foot, resulting in a total Monthly Market Rate Rent of approximately $1074.00 per month.

In lieu of payment of market rate rent, Tenant shall receive a rent reduction of $451.00 per month for the performance of public services described in section (a)(i – ii) below. . Provided Tenant satisfactorily performs the services for the rent reduction, the discounted monthly rent to be collected is $623.00 per month.

Tenant shall perform the following services to be eligible for the rent reduction:
(i) Operate a Volunteer Center at the Premises for a minimum of 15 hours per week, typically between the hours of 9 a.m. and 2 p.m., Monday through Thursday and 9 a.m. to 12 p.m. on Friday. The Volunteer Center shall perform activities including the following:
• Organizing volunteers for the 4th of July event and act as a volunteer clearinghouse for other City-sponsored events;
• Inform members of the community about volunteer opportunities and connect community organizations with potential volunteers;
• Creating and maintaining a guide to community volunteer organizations and volunteer activities for schools, service organizations, churches, youth organizations, seniors; • Creating and maintaining a list of specific volunteer projects and establishing a program for matching projects to individuals/organizations; • Publicizing the Volunteer Center and opportunities;
• Updating the Orinda Association website to provide information about Orinda Association programs, the Volunteer Center, and volunteer opportunities; • Investigating potential funding sources and event sponsorship opportunities; • Operating Seniors Around Town (SAT), a transportation program provided to seniors.

Tenant is encouraged to publicize the Volunteer Center and the above-listed activities by various means, including the Orinda Association website, the community calendar and signs in and around the Premises.

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(ii) Provide a written report to the City once annually. The report shall be submitted to the City no later than April 1 for the prior year and shall contain the following:
• Financial Data. Tenant shall provide a summary of its financial reports (to include a balance sheet containing its beginning and end of year cash and profit or loss data). • Services Data. Tenant shall describe in detail the work completed during the year both in qualitative terms, i.e., listing project activities, and in quantitative terms, i.e., the number of hours and personnel involved in the operation of the Volunteer Center and the estimated number of hours and personnel involved in volunteer activities. The Tenant shall use its best efforts to submit at least the following to the City with this quarterly report:
o Number of individuals who register through the Volunteer Center. o Number of and description of projects completed or worked on by individuals or organizations engaged through the Volunteer Center.
o Number of organizations participating in Volunteer Center programs. o Website “hits” and contacts to the Orinda Association website. (b) Notwithstanding any provision of this Lease to the contrary, if Tenant fails to provide the services listed above, it shall not be in breach or default of this lease, provided it pays the market rate rent amount of $1074.00 per month for the period of July 1, 2023 through June 30, 2026.

5. USES & OPERATIONS.

Any use other than office use is prohibited. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything on or in the premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Orinda Library or any of its contents, or cause a cancellation of any insurance policy covering the Orinda Library or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Orinda Library or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Tenant shall not permit litter and other refuse in and around the Premises. For this purpose, Tenant shall provide and maintain sufficient waste containers in convenient locations near the Premises. Tenant shall follow the procedures established by Landlord at the Orinda Library for the separation and disposal of recyclables, compostables and other waste.

6. COMPLIANCE WITH LAW.

Tenant shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may later be in force and with the requirements at any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Item I.10
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Premises, excluding structural changes not related to or affected by Tenant’s improvements or acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant.

7. ALTERATIONS AND ADDITIONS.

8. REPAIRS.
(a) By entering the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant’s sole cost and expense, keep the Premises in good condition and repair (except for Landlord’s obligations) including without limitation, the maintenance, replacement and repair of any interior paint and flooring. Landlord shall provide at least 24 hours’ notice of any repairs that would require the closure of the Premises. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant’s use of the Premises shall be repaired at the sole cost and expense of Tenant. (b) Regardless of other terms of this lease, Landlord at its expense shall maintain and repair the structural portions of the Orinda Library, including the exterior walls and the structural portions of the roof and also including the doors and windows within the leased Premises of the Orinda Association, including specifically the front exterior doors and glass to the leased space, the side door and glass leading to the May Room, the storage room door, and the pump room door, unless such maintenance and repair are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees, invitees, or any damage caused by breaking and entering done by any employee or volunteer associated with the Orinda Association, in which case Tenant shall pay to Landlord the actual cost of such maintenance and repairs.

Landlord will make reasonable effort to reduce the noise and odor emanating from the adjacent pump room. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Section 22, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Orinda Library or the Premises or in or to fixtures, Item I.10
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appurtenances and equipment located there. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or later in effect.

9. LIENS.

10. ASSIGNMENT AND SUBLETTING.

Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest in it, and shall not sublet any part of the Premises, or any appurtenant right or privilege, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Premises, except that Tenant may permit a non-profit entity that provides a service to Orinda to share the Premises from time to time on such terms and conditions as Tenant and the entity may mutually adopt. The sublease must be in accordance with the agreement between the City and the Friends of the Library and be approved by the City Manager or their designee.

Sharing the Premises shall not affect the obligations of Tenant under this Lease.

11. HOLD HARMLESS.
(a) Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant’s use of the Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought in relation to this lease. If any action or proceeding is brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, assumes all risk of damage to property or injury to persons in, on or about the Premises, from any cause other than Landlord’s negligence; and Tenant waives all claims against Landlord relating to such damages and injuries. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises.
(a) Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Orinda Library or from the pipes, appliances or plumbing works in that location or from the roof, street or subsurface or from any other place resulting from dampness or any other cause, unless caused by or due to the negligence of Landlord, its agents, servants or employees.

Landlord or its agents shall not be liable for interference with the light, air, or for any latent defect in the Premises.

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12. INSURANCE.

13. SUBROGATION.

Tenant’s insurer shall waive all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents and volunteers.

14. UTILITIES.

Tenant shall pay directly for all separately metered utilities serving the Premises including telephone service, together with any taxes.

15. PERSONAL PROPERTY TAXES.

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Tenant’s leasehold improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant’s property.

16. RULES AND REGULATIONS.

17. HOLDING OVER.

18. ENTRY BY LANDLORD.

Landlord reserves, and shall at any and all times during business hours have, the right to enter the Premises to inspect them, to submit the Premises to prospective purchasers or tenants, to post notices of non-responsibility, to repair and maintain the Premises and any portion of the Orinda Library of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonably blocked by such structures, and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned as a result of Landlord actions and omissions under this paragraph. Landlord at any and all times shall have the right to use any and all means which Landlord may deem proper to open Tenant’s doors in an emergency in order to obtain entry to the Premises, without liability to Tenant except for any failure to exercise due care for Tenant’s property. Any entry to the Premises obtained by Landlord by any of these means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion. Additionally, Tenant acknowledges that Landlord or any person authorized by Landlord has access to the pump room (112) at any time. Landlord agrees that access to these areas will not affect the reasonable operation of the Tenant and any damage caused by such access through the Premises shall not be the responsibility of the Tenant.

19. TENANT’S DEFAULT.

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(b) The failure by Tenant to make any payment required to be made by Tenant, as and when due, where such failure shall continue for a period of ten (10) days after written notice by Landlord to Tenant.
(c) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease (other than the covenant to perform services described in sections 4(a)(i) and (ii)) to be observed or performed by Tenant, other than described in (b), above, where such failure shall continue for a period of thirty (30) days after written notice by Landlord to Tenant; provided, however, that if the nature of Tenant’s default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and then diligently prosecutes such cure to completion.
(d) Any general assignment or general arrangement for the benefit of creditors of Tenant; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days.
(e) Failure to provide hours of operation as required by Landlord from time to time under section 27 below.

20. REMEDIES UPON TENANT’S DEFAULT.

In the event of any default or breach by Tenant, Landlord may at any time after that, in its sole discretion, do any of the following, with or without notice or demand and without limiting Landlord in the exercise of a right or remedy which Landlord may have by reason of such default or breach:
(a) Terminate Tenant’s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises; reasonable attorneys’ fees; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent and other charges and Expenses for the balance of the Lease Term after the time of such award exceeds the amount of such loss for the same period that Tenant proves could be reasonably avoided; and that portion of any leasing commission paid by Landlord and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the maximum legal rate; or
(b) Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the rent and any other charges and Expenses as may become due; or
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(c) Pursue any other remedy or combination of remedies now or later available to Landlord under the laws of the state of California.

21. DEFAULT BY LANDLORD.

22. RECONSTRUCTION.

N.B. The provisions of this section, like all other provisions of this Lease, are subject to and conditioned on the provisions of the Lease-Option and the Ground Lease as more particularly described in Section 2(c) above.
(a) In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to immediately repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of rent. (b) In the event the Premises are damaged to any extent as a result of any cause other than the perils covered by fire and extended coverage insurance, Landlord shall have the option: (1) to repair, reconstruct or restore the Premises, in which event this Lease shall continue in full force and effect but the Minimum Rent shall be proportionately reduced as provided in this Section during the period of such repair, reconstruction or restoration; or (2) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by Tenant in the Premises, shall be paid up to date of said such termination. (c) Anything to the contrary contained in this Section 22 notwithstanding, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last twenty-four months of the Lease Term or any extension.
(d) Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

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23. EMINENT DOMAIN.

24. PARKING AND COMMON AREAS.
(a) Landlord covenants that an area approximately equal to the Common Areas as shown on the attached Exhibit B shall be at all times available for the non-exclusive use of Tenant during the full Lease Term or any extension, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such Common Areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such Common Areas, provided, however, that regardless of this Section 24, those areas shall at all times be substantially equal or equivalent to that shown on the attached Exhibit B.
(b) Landlord shall keep the automobile parking and Common Areas in a neat, clean and orderly condition and shall repair any damage to the facilities, but all expenses in connection with said Common Areas shall be charged and prorated in the manner as set forth in Section 4. (c) For the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, Tenant shall have the non-exclusive right in common with Landlord and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants to use the appropriate Common Areas during the entire Lease Term, or any extension of the Lease, for ingress and egress, and automobile parking.
(d) Tenant, in the use of said Common Areas, agrees to comply with such reasonable rules, regulations and charges for parking as Landlord may adopt from time to time for the orderly and proper operation of said Common Areas. Such rules may include but shall not be limited to the following: (1) the restricting of Tenant parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant’s refuse and other rubbish at the sole cost and expense of Tenant.

25. SIGNS.

It is understood that Tenant may place signs, easels, newspaper racks, or similar signage immediately outside the doors to the premises, but only during the hours that the Orinda Association office is open, and will be placed inside during the closed hours (signs may remain outside during office lunch hour periods) as long as they do not impede public/ADA access and do not violate the City’s lease agreement with the Friends of the Library. It is understood that Tenant may place vinyl banners signs up in the Library Plaza area during the Fourth of July celebration and for a reasonable time prior (not to exceed 15 Item I.10
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days), given the City is a co-sponsor of the event and has provided written approval. In no case shall Tenant affix any sign to the roof.

26. DISPLAYS.

Tenant may not store or sell merchandise outside the defined exterior walls and permanent doorways of the Premises. A modest display of promotional items may be allowed immediately adjacent to the entrance as long as it is not unsightly, does not impede public/ADA access, and does not violate the City’s lease agreement with the Friends of the Library. The display will also be subject to approval by the City Manager or their designee. Tenant further agrees not to install or use any exterior lighting, sound speakers or any audio electronic equipment which may be heard or seen outside the Premises.

27. HOURS OF BUSINESS.

28. GENERAL PROVISIONS.
(a) Attachments. All attachments are incorporated into this document as though set forth completely in it.
(b) Waiver. The waiver by Landlord of any term, covenant or condition of this Lease shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition of this Lease. The subsequent acceptance of rent by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding default at the time of acceptance of such rent.
(c) Joint Obligation. If there is more than one Tenant, the obligations of this Lease shall be joint and several.
(d) Marginal Headings. The marginal headings and section titles to the sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part. (e) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor.
(f) Successors and Assigns. The covenants and conditions of this lease, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and alleged assigns of the parties.
(g) Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum may be recorded at the request of, or with the permission of, Landlord.

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(h) Quiet Possession. Upon Tenant’s paying the rent and observing and performing all of the covenants, conditions and provisions on Tenant’s part to be observed and performed, Tenant shall have quiet possession of the Premises for the entire Lease Term, subject to all the provisions of this Lease.
(i) Late Charges. Tenant acknowledges that late payment by Tenant to Landlord of rent or other sums due will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises, and attorneys’ fees and costs.

Accordingly, if any installment of rent or any sum due from Tenant shall not be received by Landlord’s designee within ten (10) days after written notice that the amount is past due, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount), plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due. The parties agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charges by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies in this Lease.
(j) Prior Agreements. This Lease contains all of the agreements of the parties with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties.
(k) Inability to Perform. This Lease and the obligations of Tenant shall not be affected or impaired because Landlord is unable to fulfill any of its obligations or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of Landlord.
(l) Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision and such other provision shall remain in full force and effect.
(m) Cumulative Remedies. No remedy or election in this Lease shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. (n) Choice of Law. This Lease shall be governed by the laws of the State of California. (o) Attorneys’ Fees. In the event of any action or proceeding brought by either party against the other under this Lease the prevailing party shall be entitled to recover its expenses and costs, including its attorneys’ fees and expert witness fees in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable. (p) Sale of Premises by Landlord. In the event of any sale of the Premises by Landlord, Landlord shall be and is entirely freed and relieved of all liability under any and all of its covenants and Item I.10
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obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of Landlord under this Lease. (q) Subordination; Attornment. Upon request of Landlord, Tenant will in writing subordinate its rights under this lease to the lien of any mortgage or deed of trust, to any bank, insurance company or other lending institution, now or later in force against the Premises, and to all advances made or later to be made on the security for such advances. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Premises, Tenant shall become the tenant of the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease. Regardless of the provisions of this section 28(q), so long as Tenant is not in default, this Lease shall remain in full force and effect for the full term. (r) Notices. Wherever this Lease requires or permits notice or demand to be given by either party to the other, such notice or demand shall be in writing and given or served, either personally or in writing forwarded by certified mail, return receipt requested, addressed to the parties at the addresses specified in Sections 3(c) and (g). Either party may change such address by written notice to the other.
(s) Tenant’s Statement (Estoppel Certificate). Tenant shall at any time and from time to time, upon not less than three days prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect), and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord, or specifying such defaults if any are claimed, and (c) setting forth the date of commencement of rents and expiration of the Lease Term. Any such statement may be relied upon by the prospective purchaser or encumbrance of all or any portion of the real property of which the Premises are a part.

29. COMPLIANCE.

30. TERMINATION BY TENANT.

Tenant may terminate this Lease without cause by giving Landlord written notice of its intention to do so 30 days or more prior to the effective date of termination.

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31. TERMINATION BY LANDLORD.

Landlord my terminate this lease by giving Tenant written notice of its intention to do so forty-five (45) days or more prior to the effective date of termination if there is a material breach by the Tenant under the terms and conditions of this lease, and Tenant is given written notice of said breach and the opportunity to cure said breach within fifteen (15) days.

32. TENANT FINANCIAL STATEMENTS.

Tenant, upon request by Landlord, shall provide to Landlord current financial statements for the nonprofit corporation.

33. AUTHORITY OF TENANT
Tenant represents and warrants that the individual executing this Lease on behalf of the corporation has full authority to do so and that this Lease binds the corporation.

34. BINDING ARBITRATION/MEDIATION
Any dispute or claim arising out of this Lease shall first be addressed through the process of Mediation, with each side to agree upon the selection of a Mediator, who will schedule the Mediation. The fees and costs of the Mediator will be split evenly between the parties. Thereafter, if the Mediation is unsuccessful in resolving the dispute or claim, the dispute or claim shall be adjudicated by arbitration pursuant to the provisions of the Code of Civil Procedure sections 1280 et seq. or such law then in force in California governing arbitration, with any rules of procedure not set out in such law to be established by a professional arbitration association. If the parties are unable to agree on an arbitrator, each party shall select an arbitrator within 15 days after a demand for arbitration by any party, with a third arbitrator to be selected jointly by the two arbitrators within 15 days after the original two arbitrators are selected. The parties shall share equally in the costs of the arbitration.

NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY

CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE

SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND

APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO

ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO

ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.

Section 34 Acknowledgment:

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_____________ Landlord by: __________________________________________ _____________ Tenant by: __________________________________________ LANDLORD: TENANT:

By: By:

Linda Smith, City Manager Orinda Association
Date:__________ Alex Drexel, President
Date:__________
Attest:

By:

Sheri Smith, City Clerk
Approved as to form:

By:

Osa L. Wolff, City Attorney

CONSULT YOUR ATTORNEY. If this Lease has been filled in it has been prepared for submission to your attorney for his or her approval. No representation or recommendation is made by the City of Orinda or its agents or employees as to the legal sufficiency, legal effect, or tax consequences of this Lease.

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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: August 18, 2026
SUBJECT:

Establishing Property Tax Rates for the General Obligation Bond Series 2014 and Series 2016 for Fiscal Year 2026-27
EXECUTIVE SUMMARY:

The voters in Orinda authorized two General Obligation Bond measures by a two-thirds vote, increasing taxes to repair streets and storm drains. Each year, the City must establish the tax rate necessary to generate sufficient property tax revenue necessary to repay the bonds.

RECOMMENDATION:

BACKGROUND:

On June 3, 2014, voters in Orinda authorized the issuance of $20 million in General Obligation Bonds for Road and Storm Drain Repair Projects. The bonds were issued in two separate transactions of $10 million each. The first issuance occurred in March 2015, (“2014 General Obligation Bonds, Series A”) and the second issuance of $10 million was completed in April 2017 (“2014 General Obligation Bonds, Series B”).

On June 7, 2016, voters in Orinda authorized the issuance of an additional $25 million in General Obligation Bonds for Road and Storm Drain Projects. In April 2017, the City issued Bonds for the entire $25 million authorized (“2016 General Obligation Bonds, Series A”).

General Obligation Bonds are payable from a dedicated ad valorem tax on property within the City. The property tax levy is set once a year, typically in early August. The taxes placed on the County property tax roll generate revenues in December and April. By requesting that the County place the tax on the roll for Fiscal Year 2026-27, the City can ensure that tax revenues are available to make scheduled debt service payments on the General Obligation Bonds that are due in March 2027 and September 2027.

The ad valorem tax is calculated annually based on preliminary assessed property values (AV) as adjusted for exemptions and delinquencies. This is then compared to the debt Item I.11
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service schedule for each of the three different bond issues to develop a tax rate that will collect the necessary funding. The amount required is also adjusted to the extent there is any estimated excess cash on hand from the previous year’s taxes that can be applied towards the debt service. The format of the calculation historically used by the City was developed in consultation with representatives of Stifel, Nicolaus & Company (Stifel), who served as the underwriters for each of these bond issues.

The annual tax rate will fluctuate throughout the bond repayment period. Factors that impact the tax rate include a) increases or decreases in the scheduled debt service payments; b) increases or decreases in the assessed valuations; and c) estimated excess cash on hand that can be applied towards debt service.

DISCUSSION:

Resolution No. 67-26 has been prepared to request that Contra Costa County levy a tax on property within the City necessary to provide the funding required for the outstanding General Obligation Bonds (Attachment A). The format used by the County is to present the calculation based on a rate per $100 of Assessed Valuation. For informational purposes, Staff have also provided the rate per $100,000 of assessed value in the table below as well as a comparison to the 2025-26 Tax Levy. Details of the calculation are included in Attachment B.
2026-27 Ad Valorem Tax Rates for Orinda General Obligation Bonds with a Comparison to Fiscal Year 2025-26 Rate
Bond Authorization
2026-27 Tax
Levy Rate Per
$100 Assessed
Value
2026-27 Rate
Per $100,000
Assessed
Value
2025-26 Rate
Per $100,000
Assessed Value
2014 General Obligation
Bonds - $20 Million (Series
A Issued March 2015 &
Series B Issued April 2017)
$ 0.0111 $11.10 $11.00
2016 General Obligation
Bonds - $25 Million (Series
A Issued April 2017)
$ 0.0160 $16.00 $16.00
Total G.O. Bond Tax Levy $ 0.0271 $27.10 $27.00
The combined rate for the upcoming year is slightly higher than the rate levied last year primarily due to the increase in annual debt service and offset by taxable secured assessed valuation increasing from $10,172,464,883 to $10,563,760,391 while the changes in cash on hand were immaterial.

As part of the bond financing process, estimates were prepared by Stifel to project the highest tax rate required to service the debt. The amount levied in 2026-27 remains below the estimates presented in the Tax Rate Statement financing documents. The “Highest Estimated Tax Rate” for the 2014 authorization was $20.00 compared to the Item I.11
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proposed $11.10. The “Highest Estimated Tax Rate” for the 2016 authorization was $21.47 compared to the proposed $16.00.

Upon adoption, Staff will provide the request for the tax levy to Contra Costa County officials for inclusion on the 2026-27 Property Tax bills that are distributed to property owners after September 1, 2026.

FISCAL IMPACT:

The Resolution will ensure property tax revenues are available, as approved by the voters of Orinda, to make debt service payments on the City’s General Obligation Bonds as they come due. The rates are estimated to result in taxes totaling $2,834,151.

ATTACHMENTS:

A. Resolution 67-26 Establishing Property Tax Rates for Bonded Indebtedness for Fiscal Year 2026-27
B. 2014 and 2016 General Obligation Bonds Tax Rate Calculation for Fiscal Year 2026-27
Respectfully Submitted by,
Douglas Alessio, Assistant City Manager
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 67-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

ESTABLISHING PROPERTY TAX RATES FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2026-27
WHEREAS, the City Council of the City of Orinda, located in the County of Contra Costa, California, is obligated to direct Contra Costa County to collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment of debt service on voter approved Bonds issued by the City; and WHEREAS, the total taxable secured assessed valuation of the City of Orinda as reported by the Contra Costa County Assessor is $10,563,760,391.

NOW THEREFORE, BE IT RESOLVED, that the property tax rate within the City for the City of Orinda General Obligation Bonds, Election of 2014, Series A and Series B, for the fiscal year ending June 30, 2027 is hereby established at a combined rate of $0.0111 per $100 assessed value and that the property tax rate within the City for the City of Orinda General Obligation Bonds, Election of 2016, Series A for the fiscal year ending June 30, 2027 is hereby established at $0.0160 per $100 assessed value.

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to prepare and provide the tax rates to the officers of Contra Costa County responsible for preparing and implementing the collection of the tax levy for bonds of the City.

Adopted by the City Council of the City of Orinda at a regular meeting on August 18, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Item I.11
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Row 1. Calculate 2026-27 Net Taxable Assess Valuations
1 2026-27 taxable secured assessed valuation of the City (est): 10,563,760,391.00 $ Delinquency Factor
2 Less: delinquency factor shown at right (includes exemptions) 1.00% $ (105,637,603.91) 3 Equals: 2026-27 net taxable secured assessed valuation of the City: 10,458,122,787.09 $ 4 2026-27 taxable unsecured assessed valuation of the City (est): 39,298,810.00 $ 5 Less: delinquency factor shown at right (includes exemptions) Delinquency Factor (785,976.20) $

2.00%
6 Equals: 2026-27 net taxable unsecured assessed valuation of the City: 38,512,833.80 $

2. Calculate 2026-27 Net Requirement for Secured Property 7 2025-26 secured tax rate $ 0.0110
8 2026-27 revenue from unsecured taxable property based on 2025-26 secured tax rate 4,236.41 $ 9 2026-27 semi-annual net debt service requirements:

Series A March 1, 2027 74,731.25 $
Series B March 1, 2027 138,387.50 $
Series A September 1, 2027 504,731.25 $
Series B September 1, 2027 563,387.50 $
10 Total 2026-27 annual debt service requirement (net of premium): 1,281,237.50 $ 11 $ 1,277,001.09
12 Adjustment For Estimated Excess Cash Balance Applied Toward Debt Service 112,000.00 $

3. Calculate 2026-27 Secured Tax Rate per $100 of Secured Assessed Value 13 Net 2026-27 debt service requirement for secured property $ 1,165,001.09 14 Calculated 2026-27 secured tax rate per $100 of secured assessed value $ 0.0111 Rate Per $100,000 Asessed Value 11.10 $
Net requirement for secured taxable property after considering revenues from unsecured property City of Orinda
General Obligation Bonds, Election of 2014, Series A and Series B Tax Rate Calculation Details For Fiscal Year 2026-27
Prepared 7/30/2026
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Row 1. Calculate 2026-27 Net Taxable Assess Valuations
1 2026-27 taxable secured assessed valuation of the City ( Preliminary est): $ 10,563,760,391.00 Delinquency Factor
2 Less: delinquency factor shown at right (includes exemptions) 1.00% $ (105,637,603.91) 3 Equals: 2026-27 net taxable secured assessed valuation of the City: $ 10,458,122,787.09 4 2026-27 taxable unsecured assessed valuation of the City (est): $ 39,298,810.00 5 Less: delinquency factor shown at right (includes exemptions) Delinquency Factor $ (785,976.20)

2.00%
6 Equals: 2026-27 net taxable unsecured assessed valuation of the City: $ 38,512,833.80

2. Calculate 2026-27 Net Requirement for Secured Property 7 2025-26 secured tax rate $ 0.0160
8 2026-27 revenue from unsecured taxable property based on 2025-26 secured tax rate $ 6,162.05 9 2026-27 semi-annual net debt service requirements:

March 1, 2027 $ 334,400.00
September 1, 2027 $ 1,444,400.00
10 2026-27 semi-annual net debt service requirements: $ 1,778,800.00 11 Net requirement for secured taxable property after considering revenues from unsecured property $ 1,772,637.95 12 Adjustment For Estimated Excess Cash Balance Applied Toward Debt Service $ 100,000.00

3. Calculate 2026-27 Secured Tax Rate per $100 of Secured Assessed Value 13 Adjusted Net 2026-27 debt service requirement for secured property $ 1,672,637.95 14 Calculated 2026-27 secured tax rate per $100 of secured assessed value $ 0.0160 Rate Per $100,000 Asessed Value $ 16.00
City of Orinda
General Obligation Bonds, Election of 2016, Series A
Tax Rate Calculation Details For Fiscal Year 2026-27
Prepared 7/30/2026
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: August 18, 2026
SUBJECT:

Contract with Fire Safe Moraga Orinda for the Administration and Implementation of Incentives and Outreach Programs
EXECUTIVE SUMMARY:

RECOMMENDATION:

Adopt Resolution 64-26 Approving a General Services Contract with Fire Safe Moraga Orinda for the Administration and Implementation of Incentives and Outreach Programs.

BACKGROUND:

On August 19, 2025, the City Council discussed a request from FSMO to fund efforts relating to wildfire mitigation on private residential property. The initial request from FSMO was $400,000 annually for three years. The City Council referred the matter to the SSTOC to evaluate the request in conjunction with the City's other current efforts.

On September 10, 2025, the SSTOC discussed the request and formed the Subcommittee. The Subcommittee met with City staff and FSMO leadership multiple times and developed a proposal that was ultimately recommended by the SSTOC.

On April 7, 2026, the City Council directed staff to enter into a services contract with FSMO for the implementation of incentive programs, as well as the outreach and education efforts.

DISCUSSION:

Since April, Staff has been working to formalize and develop the “Scope of Services” under which FSMO will implement the City’s existing individual incentive program, provide financial support for FSMO’s existing neighborhood incentive program and further define the activities and associated compensation for the outreach and education services.

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In addition, Staff worked with FSMO on defining the administration, reporting and implementation requirements under the one-year pilot program. The Scope of Services is attached as Exhibit A to the Agreement.

If the City Council approves the Contract, Staff will begin working with FSMO to transition the City’s individual grant program as well as work to promote the change with the community.

As part of the reporting requirements, the SSTOC will receive regular quarterly updates on the work being conducted and a report on the first year will be presented to the City Council in the Fall of 2027.

NEXT STEPS:

If adopted, Staff will work on communicating these changes, transitioning existing applicants, and directing residents to FSMO for future grant and incentives applications.

FISCAL IMPACT:

Funding for this purpose has already been appropriated in the 2026-27 Operating Budget with Measure R as the funding source. The proposed Contract includes a total not to exceed amount of $450,000, broken down by three areas:

• Up to $200,000 for the current Measure R Incentive Program. • Up to $200,000 for the new FSMO Neighborhood-based program. • Up to $50,000 allocation for certain outreach and educational activities.

STRATEGIC PLAN INITIATIVE:

1. Wildfire Resilience and Emergency Preparedness
1b. Cultivate shared accountability between the government, partners, and residents in wildfire adaptability and preparedness through the support of neighborhood-driven approaches on home hardening and fuel reduction. Lead by example through City initiatives within the public right-of-way. 1e. Evaluate current incentive programs and recommend changes and actions to bolster wildfire mitigation efforts.
1g. Increase collaboration with community non-profits, such as the Fire Safe Moraga Orinda to support the creation of more Firewise neighborhoods.

ATTACHMENTS:

A. Resolution 64-26 Approving a General Services Contract with Fire Safe Moraga Orinda for the Administration of Incentives and Outreach Programs B. Exhibit A to the Resolution – General Services Contract with Fire Safe Moraga Orinda
Prepared by: Micki Cronin, Senior Management Analyst
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Respectfully Submitted by,
Douglas Alessio, Assistant City Manager
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 64-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA, CALIFORNIA,

APPROVING A GENERAL SERVICES CONTRACT WITH FIRE SAFE MORAGA ORINDA WHEREAS, the City of Orinda (“City”) is committed to reducing wildfire risk, improving community wildfire resilience, and supporting residents in the preparation and maintenance of defensible space and wildfire-resistant properties; and WHEREAS, the City has established the Measure R Fire Fuels Reduction Incentive Program (“Individual Incentive Program”) to provide financial incentives to eligible property owners for qualifying vegetation management and wildfire fuel reduction activities on individual residential properties; and
WHEREAS, Fire Safe Moraga Orinda (“FSMO”) is a community nonprofit organization whose mission and programs support wildfire preparedness, defensible space, fuel reduction, and the development of Firewise and fire-adapted neighborhoods within the Moraga-Orinda community; and
WHEREAS, on August 19, 2025, the City Council considered a request from FSMO for funding to support wildfire mitigation efforts on private residential property, including an initial request of $400,000 annually for three years, and referred the request to the Supplemental Sales Tax Oversight Commission (“SSTOC”) for evaluation in conjunction with the City’s other wildfire mitigation efforts; and
WHEREAS, the SSTOC considered the request and recommended to the City Council that FSMO administer an individual incentive program, a neighborhood-based fuel reduction incentive program, and community outreach and education; and WHEREAS, on April 7, 2026, the City Council directed City staff to proceed with developing a contract for services with FSMO for implementation of incentive programs and related outreach and education efforts; and
WHEREAS, City staff and FSMO have subsequently worked together to develop a detailed Scope of Services (Exhibit A to the Contract) establishing the administration, implementation, reporting, outreach, and communication requirements for the proposed oneyear pilot program; and WHEREAS, upon approval of the Contract, City staff will coordinate with FSMO to transition administration of the Individual Incentive Program with an increase to $1,500, and help to communicate the changes, and direct residents to FSMO for implementation of grants and incentives.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda, California, hereby approves the general services contract with Fire Safe Moraga Orinda, attached as Exhibit A to the Resolution.

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BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Contract to make such non-substantive revisions, corrections, clarifications, and other minor modifications to the contract as may be necessary or appropriate to carry out the intent of this Resolution.

Adopted by the City Council of the City of Orinda at a regular meeting on August 18, 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________
Brandyn Iverson, Mayor
ATTEST:
__________________________
Sheri Marie Smith, City Clerk
Item I.12
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1 CITY OF ORINDA

GENERAL SERVICES CONTRACT
Fire Safe Moraga Orinda (FSMO) (“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 Wildfire Mitigation Efforts.
b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.

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

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

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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 September 30, 2027. If a Schedule of Performance is provided in Exhibit A, Provider must deliver the services according to that schedule.
d. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, based on actual costs, not to exceed a maximum contract price of $450,000 for satisfactory performance of the services under this agreement.
b. Provider shall bill City on a monthly basis for work done in the preceding month. Provider’s project manager shall review and sign the invoice. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly.
c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.
a. Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee, partner, joint venture, or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider is solely responsible for the means and methods of performing the services under this agreement and for the persons hired to work under this agreement. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of Item I.12
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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.

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.

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 $100,000 per occurrence If a general aggregate limit applies, either the general aggregate Item I.12
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5 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 I.12
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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
Fire Safe Moraga-Orinda
Executive Director, Rob
Schroeder
60 Monte Vista Road
Orinda CA 94563

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.

Item I.12
Packet Page 209
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.

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.

Item I.12
Packet Page 210
10 City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Fire Safe Moraga-Orinda
__________________________________
Date
__________________________________
Executive Director
__________________________________
Rob Schroeder
Attachments:

Exhibit A – Scope of Services
Exhibit B – Certificate of Liability Insurance
Item I.12
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Attachment 1
Item I.12
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Item I.12
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Item I.12
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Item I.12
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Item I.12
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FSMO ContracƟng Policy for ResidenƟal Defensible Space Projects (16Jul2026) 1 Fire Safe Moraga-Orinda (FSMO) will use Licensed and Insured Hazardous VegetaƟon Removal Contractors for all work that is funded by government or agency grant awards, in part or in-full, for the purpose of Wildfire PrevenƟon within the Moraga-Orinda Fire District (MOFD).

AddiƟonally, FSMO will verify Contractors are not debarred from Federal grants prior to accepƟng bids.

Using government or agency grant awards, FSMO idenƟfies and selects Defensible Space Projects in two programs: ResidenƟal Neighborhood Defensible Space Projects and Vulnerable Resident Defensible Space Projects. Both of these programs use FSMO project selecƟon criteria, define the project selecƟon scoring, and collaborate with the MOFD MiƟgaƟon Fuels Manager to evaluate, prioriƟze and select projects for each program based on available funding.

FSMO ResidenƟal Neighborhood Defensible Space (RNDS) Projects The RNDS projects are awarded to a group of homes, typically 5 or more residences located nearby, whose properƟes are not currently in compliance with the MOFD Fire Code (aka, Moraga-Orinda Fire District Exterior Wildfire Hazard Abatement Requirements). These residenƟal property owners commit to performing hazardous vegetaƟon removal from their properƟes using the same Hazardous VegetaƟon Removal (HVR) Contractor. The value of this approach is:
1) Neighbors work together to improve their properƟes by removing hazardous vegetaƟon (wildfire fuel) from their properƟes in the same Ɵme period, collecƟvely reducing wildfire propagaƟon risk in their neighborhood.
2) Bidding wildfire prevenƟon projects for a group of co-located dwelling units reduces the overall bid of the Contractor by increasing the efficiency of the contract labor and reducing the travel Ɵme of the contract labor to perform the work vs. a similar number of homes that are located across the fire district that are bid individually. 3) By coordinaƟng and compleƟng wildfire prevenƟon work on their properƟes at the same Ɵme, neighbors establish relaƟonships that are maintained in future years, and increase the likelihood of working together again to reduce the risk of wildfire in their neighborhood.

Prior to Contractor bids, the FSMO RepresentaƟve meets individually with each resident owner to define and document the scope of vegetaƟon removal work on their property.

AŌer the overall project scope is defined, the FSMO RepresentaƟve and the Project Neighborhood Coordinator will schedule and perform a Contractor bid walk of the 5 or more residences. FSMO requires a minimum of 3 valid bids from HVR Contractors for the scope associated with the group of co-located homes.

To be eligible for a FSMO RNDS Project, the Project Neighborhood Coordinator is required to gain agreement with a minimum of 5 residents for hazardous vegetaƟon to be removed from their property.

Attachment 2
Item I.12
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FSMO ContracƟng Policy for ResidenƟal Defensible Space Projects (16Jul2026) 2 During the process of idenƟfying neighbors, determining scope by property, and reviewing Contractor bids by property, there is the possibility that one of the neighbors withdraws from the project aŌer scope is finalized and both individual and group cost is defined. In this instance the project may proceed with only 4 residents. However, if another resident drops out (i.e., 3 residents remain), this project will be cancelled before work begins, unless another nearby property is added to the project.

Note: FSMO RNDS Projects require a match payment from the resident group. Standard FSMO RNDS Project will match 50% of the overall cost of the project, up to a maximum of $10,000 paid by FSMO directly to the selected HVR Contractor. If the overall accepted bid cost of the project exceeds $20,000, the group of residents will collecƟvely pay $10,000 plus any amount over $20,000 to the selected HVR Contractor. The exact payment for each residenƟal property payment within the project is the responsibility of the Project Neighborhood Coordinator. The residents within the RNDS project are required to pay the HVR Contractor and provide “proof of payment” documentaƟon to FSMO for their records to support Project CompleƟon Report requirements.

FSMO ResidenƟal Neighborhood Defensible Space (RNDS) SelecƟon Criteria FSMO will prioritize selection of groups of residential properties (minimum of 5) within the Moraga-Orinda Fire District (grant application service area) that are identified as high or very high severity fire risk by CAL FIRE. Please see CAL FIRE Fire Hazard Severity Zones, published February 24, 2025 by the State Fire Marshal.

1. Neighborhood group residents live within the boundaries of the Moraga Orinda Fire District (MFOD) - REQUIRED.

2. Ability of the selected resident group to collecƟvely pay 50% (or more) of the cost of vegetaƟon removal for their project to the selected Hazardous VegetaƟon Removal Contractor – REQUIRED.

3. Neighborhood group idenƟfies a Neighborhood Leader who is the primary contact with FSMO during both applicaƟon and Hazardous VegetaƟon removal acƟviƟes – REQUIRED.

4. CAL FIRE LRA Fire Hazard Severity Zone: Very High, High, Moderate, or Not Assigned. See SelecƟon Matrix.

5. Number of Dwelling Units. Minimum of 5; higher score for 6 or more dwelling units. See SelecƟon Matrix.

6. Neighborhood wildfire spread risk evaluaƟon, completed by MOFD Fuels MiƟgaƟon Manager. This criterion considers neighborhood topography and proximity to wildlands and uses fire science-based analysis of neighborhood wildfire spread risk to other areas within the community. This is not a definiƟve evaluaƟon, but a risk of wildfire spread comparison between mulƟple Neighborhood Defensible Space Project applicaƟons under consideraƟon at the same Ɵme. See SelecƟon Matrix.

Item I.12
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FSMO ContracƟng Policy for ResidenƟal Defensible Space Projects (16Jul2026) 3 FSMO Residential Neighborhood Defensible Space (RNDS) Selection Matrix Selection Criteria 3 2 1 N#1 N#2
CAL FIRE LRA Fire Hazard
Severity
Very High High Moderate
or not
assigned
2 3
Number of Dwelling
Units
8 + 6 - 7 5 (min) 1 3
Neighborhood Wildfire
Spread Risk (by MOFD)
Very High High Moderate 3 1
Total Score NA NA NA 6 7
FSMO RNDS Application Scoring Examples
Neighborhood 1 (N#1)
A. Within High Severity Hazard Zone = 2
B. 5 total dwelling units = 1
C. MOFD Very High Wildfire Spread Risk = 3
D. Neighborhood 1 Total Score = 6
Neighborhood 2 (N#2)
A. Within Very High Severity Hazard Zone = 3
B. 8 total dwelling units = 3
C. MOFD Moderate Wildfire Spread Risk = 1
D. Neighborhood 2 Total Score = 7
FSMO RNDS Application Eligibility and Selection Comments:
 Resident group applications require the private dwelling units to be within the boundary of the Moraga-Orinda Fire District.
 Resident Groups who are not within a Recognized Firewise USA Neighborhood are eligible to apply for FSMO Neighborhoods Defensible Space Project funding. During work execution FSMO will share with these Resident Groups the benefits of Firewise Recognition.  The private dwelling units are not required to be within CAL FIRE Very High, High, or Moderate Fire Hazard Severity zones to be eligible for FSMO Neighborhood Projects; groups of homes within Very High or High Fire Hazard Severity zones will receive a higher selection score during comparison of applications evaluated at the same time.

Item I.12
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
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(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
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DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
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OCCUR
CLAIMS-MADE DED RETENTION $
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Exhibit B
Item I.12
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City of Orinda, its officers, officials, employees, and volunteers Item I.12
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Item I.12
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City of Orinda, its officers, officials, employees, and volunteers Item I.12
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City of Orinda, its officers, officials, employees, and volunteers Item I.12
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City of Orinda, its officers, officials, employees, and volunteers Item I.12
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: August 18, 2026
SUBJECT:

Appeal of the Planning Commission’s denial (due to tie vote) of applicant’s request to legalize as-built changes to previously approved design for a new home: Design Review, Elevated Deck, and Exception Permit applications (DRA-2026-009, EDP-2026-006, EXC2026-009) at 42 Charles Hill Circle.

EXECUTIVE SUMMARY:

The City Council will hold a public hearing for an appeal of a Planning Commission decision (due to a tie vote) related to the denial of project modifications for 42 Charles Hill Circle. In 2023, the property owner, Ed Patmont (Applicant), received approvals to construct a new single-family residence on the project site; however, the built project included modifications which trigger additional Design Review, Elevated Deck Permit, and Exception Permits.

Staff reviewed the revised project by the Applicant and concluded that all relevant standards are met under these additional permitting requirements. Staff recommended approval to the Planning Commission and continues to recommend approval to the City Council.

RECOMMENDATION:

Adopt Resolution No. 63-26 to approve the Design Review, Elevated Deck, and Exception Permit applications, DRA-2026-009, EDP-2026-006, and EXC-2026-009, to legalize modifications to an approved project, resulting in a constructed 4,789 adjusted squarefoot (5,919 gross square-foot (including proposed 730 square-foot ADU not yet constructed)), three-story, single-family residence with an expanded elevated deck, subject to the conditions of approval included in the resolution.

BACKGROUND:

On January 24, 2023, at a noticed public hearing, the Planning Commission adopted Statement of Official Action PC-SOA-2023-002, approving the applications for Design Review (DRA-2022-022), Elevated Deck Permit (EDP-2022-010), Exception Permit Item J.1
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(EXC-2022-017) and Tree Removal Permit (TRP-2022-012) to construct a new 4,356 adjusted square-foot, two story single-family residence with two decks totaling 800 square-feet, subject to project specific and standard conditions of approval.

On October 6, 2023, Staff approved a Building Permit Application and Project Plans (OR2023-340) for the applicant to submit to Contra Costa County Building Department.

On September 25, 2024, Contra Costa County issued a Building Permit (BIR24-001526) for the approved project.

On April 20, 2026, City Staff visited the project site to conduct a final inspection. Staff found that the constructed project did not match the approved plans (changes to the windows and doors, material changes which increased the building height, an additional floor in what had been an approved crawlspace/mechanical platform, and the upper deck increased in size (changes are detailed in the DISCUSSION section below). Staff informed the applicant that he would need to go through the discretionary process to legalize the modifications from the approved project for the project as-built.

On April 22, 2026, the applicant applied for Design Review, Exception Permit, and Elevated Deck Permit to legalize the modifications made from the previously approved project.

On May 15, 2026, Staff noticed the project for the May 26, 2026, Planning Commission hearing.

On May 26, 2026, Staff received an email from a member of the public, Nathan Ogle, in opposition to the project (Attachment G, May 26, 2026 Planning Commission Correspondence). The email references the expiration of the project’s architect and contractor licenses, along with privacy/tree removal.

On May 26, 2026, at the public hearing, the Planning Commission heard from Staff (recommending approval) and the applicant. Motions to deny and to approve the project both resulted in tie votes due to only six members of the Planning Commission being present.

Per the Planning Commission’s Rules and Procedures, a tied vote is treated as a denial of the project (Attachment E, May 26, 2026 Planning Commission Meeting Minutes). Due to the tie vote, the Planning Commission did not adopt a statement of official action with findings in support of denial, but the meeting minutes include the remarks of individual Planning Commissioners.

On June 3, 2026, the Planning Commission’s decision was appealed by the applicant (Attachment C, Applicant’s Appeal of May 26, 2026 Planning Commission Decision).

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On June 4, 2026, the applicant provided additional information that was not included in the project files at the time of the Planning Commission. This included documentation that a floor plan including one of the exterior changes, an added door and landing on the southern elevation of the structure was approved by a previous Planning Technician on July 29, 2024. As such, Staff determined this one exterior change was authorized by the City and should not, therefore, be included in the City Council’s appeal review even though it was before the Planning Commission.

On June 16, 2026, the Applicant provided additional correspondence (Attachment D, Applicant correspondence).

DISCUSSION:

The project includes a Design Review and Special Design Review permit application to legalize modifications to an approved project, resulting in a constructed, 4,789 adjusted square-foot (5,919 gross square-foot (including proposed 730 square-foot ADU not yet constructed), three-story, single-family residence on a 26,000 square-foot lot. The changes from the approved project (DRA-2022-022, EDP-2022-010, EXC-2022-017, and TRP-2022-012; approved under PC-SOA-2023-002) are described below.

Elevated Deck Permit. An Elevated Deck Permit is required for the approximately 750 square-foot main deck. This is an approximately 50 square foot increase in size from the previously approved project. The 2023 approved project’s elevated deck wraps approximately halfway around the side of the structure. The as-built project’s elevated deck wraps all the way around the side of the structure connecting to the front. The images below show the approved project and the to-be-legalized modification to the deck circled in red.

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Figure 1. Site plan of approved project, location of elevated deck highlighted by Staff.

Figure 2. Site plan of project modifications to be legalized, location of elevated deck highlighted by Staff.

Figure 3. Elevation of approved project (left) and elevation of as-built project (right), elevated deck change highlighted by Staff.

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There is a second elevated deck, which was approved by the Planning Commission on January 24, 2023. No changes have been made to this deck from the previous approvals; therefore, no additional review of the second elevated deck is required.

Exception Permit. The project site is located in the RL-40 District and is subject to the property development regulations of said district. Any variation from the regulations triggers the requirement for an Exception Permit. The modifications from the previously approved project trigger Exception Permits for the 1) Building Height; 2) Aggregate Building Height; and 3) Number of Stories.
1) Building Height. Building height is measured perpendicular from the existing grade.

Pursuant to OMC section 17.4.2, the maximum allowed building height is 27 feet. The 2023 approved project received approval of an Exception Permit for a structure at 29.5 feet. As-built, the structure is approximately 30.5 feet.

Figure 4. Elevation of approved project (left) and elevation of as-built project (right), building height change highlighted by Staff.
2) Aggregate Building Height. The aggregate height of a structure is a plumb line measurement to the highest roof ridgeline taken from the top of the lowest foundation.

Pursuant to OMC section 17.4.2, the maximum allowed aggregate building height is 35 feet. The 2023 approved project received approval of an Exception Permit for a structure at 36 feet aggregate height. As-built, the structure is approximately 38.5 feet.

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Figure 5. Elevation of approved project (left) and elevation of as-built project (right), aggregate building height change highlighted by Staff.
3) Number of Stories. Pursuant to OMC section 17.4.2, the maximum allowed number of stories is 2.5. The 2023 approved project included a two-story structure, which did not require an Exception Permit. As-built, the structure is three stories.

Figure 6. Elevation of approved project (left) and elevation of as-built project (right), number of stories highlighted by Staff.

ADU. A portion of this project includes a proposed Accessory Dwelling Unit (ADU). ADUs such as this one do not require discretionary approval; however, the ADU is proposed to be located in the newly created floor in what had been an approved as a crawl space/mechanical platform (exceeding the number of stories, triggering an Exception Permit as detailed above). There have been no interior updates to the space for the ADU; however, exterior windows have been added for the proposed ADU.

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Figure 7. Section of approved project (left) showing crawl space/mechanical platform and section of asbuilt project (right) showing proposed ADU, highlight added by Staff.

Pursuant to Orinda Municipal Code section 17.3.4, the floor area limits in Section 17.6.2 of the Orinda Municipal Code shall not apply to an attached Accessory Dwelling Unit.

Design Review. Pursuant to OMC section 17.30.3, a new single-family home requires design review. By state law, qualifying projects may be processed ministerially; however, to qualify, projects must comply with all objective standards and not be associated with other discretionary projects. As described above, this project does not meet all objective standards, triggering the requirement of Exception Permits, a discretionary project; therefore, this project is subject to design review.

Pursuant to OMC section 17.30.5, one of the basic design review standards states, “The design elements are visually harmonious, in scale with the size of the structure, and balance environmental considerations... Facades and exterior walls shall be designed to reduce the blocky or massive features of building surfaces and provide articulation.” Use of material, colors, doors, and windows provide articulation features, to be reviewed under design review. The as-built modifications from the approved project include several material and window and door changes as described below. An in depth evaluation of the project related to this finding is further below in this report. 1) Material Changes.

Along the front elevation, the cement board panels along the roof of the entry were reduced in height and a vertical tile accent wall was added, with a height above the cement board panels. The accent wall to the right of the entry changed in materials from stone veneer to wood siding. An additional sunshade added above the windows on the accent wall, while the sunshade at the right of the elevation was reduced in length.

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Figure 8. Front elevation of approved project (top) and front elevation of as-built project (bottom), highlight of material changes added by Staff.

Along the east elevation, modifications to material changes that have not been approved are highlighted in red and orange. On the top story, many of the changes mentioned along the front elevation remain visible from this side. The cement board panels along the roof were reduced in height and a vertical tile accent wall was added, with a height above the cement board panels. The accent wall changed in materials from stone veneer to wood siding. The sunshade at the right of the elevation was reduced in length. On the lowest level, the exterior siding reduced in height.

Figure 9. East elevation of approved project (left) and east elevation of as-built project (right), highlight of material changes added by Staff.

Along the west elevation, modifications to material changes that have not been approved are highlighted in red. On the top story, the changes mentioned along the front and east elevation remain visible from this side. The cement board panels along the roof were reduced in height and now extend down to the grade, and a vertical tile accent wall was added with a height above the cement board panels. The accent wall changed in materials from stone veneer to wood siding.

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Figure 10. West elevation of approved project (left) and west elevation of as-built project (right), highlight of material changes added by Staff.

Along the rear elevation, modifications to material changes that have not been approved are highlighted in red. On the top story, the sunshade has been reduced in length. The cement board panels along the roof were reduced in height and now extend down to the grade. On the lowest level, the exterior siding reduced in height.

Figure 11. Rear elevation of approved project (top) and rear elevation of as-built project (bottom), highlight of material changes added by Staff.
2) Window and Door Changes.

Along the front elevation, the front door was modified from a black aluminum front door to a dark grey front door with side light. Horizontal windows were modified to tall vertical Item J.1
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windows. Vertical windows on the right side of the elevation were removed, while the vertical window all the way to the right was elongated.

Figure 12. Front elevation of approved project (top) and front elevation of as-built project (bottom), highlight of door and window changes added by Staff.

Along the east elevation, window and door modifications that have not been approved are highlighted in red. On the top story, one window was removed, while another increased in size and the design of the door changed. In the middle story one window was removed. On the lowest story, previously approved as a mechanical platform and crawlspace, a window and door have been added for a proposed ADU. A small door has been added to access the crawlspace.

The green highlight indicates an added door and landing approved by a previous Planning Technician on July 29, 2024 and, therefore, is not subject to the Council’s review.

Figure 13. East elevation of approved project (left) and east elevation of as-built project (right), highlight of door and window changes added by Staff.

Along the west elevation, window and door modifications that have not been approved are highlighted in red. On the top story, there was a modification from one horizontal window to two vertical windows. In the middle story one window and one sliding glass Item J.1
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door were added. On the lowest story, a small door has been added to access the crawlspace.

Figure 14. West elevation of approved project (left) and west elevation of as-built project (right), highlight of door and window changes added by Staff.

Along the rear elevation, window and door modifications that have not been approved are highlighted in red and orange. On the top and middle stories, windows changed in size and were relocated. On the lowest story, previously approved as a mechanical platform and crawlspace, windows have been added for a proposed ADU.

Figure 15. Rear elevation of approved project (top) and rear elevation of as-built project (bottom), highlight of door and window changes added by Staff.

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Floor Area. Pursuant to OMC section 17.30.5, one of the basic design review standards states, “The proposed development is designed and located on the site so that it is visually harmonious with, but not necessarily identical to, other structures in the neighborhood.

The proposed development is designed to blend into the existing landscape and natural context, protect undeveloped ridgelines and hillsides, maintain the dominance of wooded and open ridges and hillsides, and preserve significant or unique scenic vistas.” The floor area distribution and floor area ratio (FAR) are tools used to compare the project to other structures in the neighborhood. An in-depth evaluation of the project related to this finding is further below in this report.

Table 1, Floor Area Distribution, itemizes the square footage for the different areas of the resulting proposed residence compared to the 2023 approved project. Modifications from the approved project resulted in a 1,055 square-foot addition to the gross floor area and a 433 square foot addition to the adjusted floor area for the as-built project.

Table 1. Floor Area Distribution
Areas 2023 Approved
Project (Square-feet)
As-Built Project
(Square-feet)
Change
(Square
Feet)
Upper Level Floor Area 1,650 1,650 0
Lower Level Floor Area 2,500 2,500 0
Garage 600 600 0
Over 17ft in Height Area 6 439 433
Basement (>4’ above
grade) 108 - -108
ADU Area - 730 730
Gross Floor Area 4,864 5,919 1,055
Garage Credit (§17.6.4[A]) -400 -400 0
Basement Adjustment -108 - 108
ADU - -730 -730
Adjusted Floor Area 4,356 4,789 433

SCOPE OF REVIEW
The zoning regulations applicable to the proposed project have been summarized in Table 2, Development Review Compliance. Compliance with applicable standards is Item J.1
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indicated by a “” in the “Status” row or column. If a standard is not met, it is indicated by a “” in the “Status” column. If an exception or a variance for a particular standard is being requested, said exception is indicated by “” in the “Status” column.

Table 2. Development Review Compliance
§17.4 – Residential District Base Development Regulations Parking Required Approved Proposed Status
Enclosed Spaces 2
3 3 
Unenclosed
Spaces 2
2 >2 
Minimum
Setbacks (Feet) Required Proposed Status
Front Yard
15’ from
property line,
>25’ from
edge of
existing
roadway
15’ from
property line,
>25’ from edge
of existing
roadway
15’ from
property line,
>25’ from
edge of
existing
roadway

Side Yard 15’ 51’/16’ 51’/16’ 
Aggregate Side
Yard 40’ 67’ 67’ 
Rear Yard 15’ 33’ - 9” 33’ - 9” 
Heights (Feet) Maximum
Allowed Proposed Status
Building 27’ 29.5’ ~30.5’ -
Aggregate 35’ 36’ 38.5’ -
Stories 2.5 2 3 -
§17.6 – Residential Floor Area
Allowed Square Footage (§17.6.8)
Approved
Square
Footage
As-built
Square
Footage
Status
No single-family residence on a lot
of twenty thousand (20,000) square
feet or more may have a floor area
exceeding the product of .20 times
the net parcel area of the lot. (Max
5,200 sq. ft. for this parcel)
4,356 adjusted
square-feet
(4,864 gross
square-feet)
4,789
adjusted
square-feet
(5,919 gross
square-feet)

§17.30.5 – Basic Design Review Standards
Required Status
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§17.30.5 of the OMC findings requires that the development blend with the site and surroundings; be architecturally in scale and compatible with surrounding residences; provide landscape screening; and be sensitive to surrounding residences.

Subject to City
Council
discretion.

Zoning District Requirements
The subject property is in the RL-40 (Residential Low Density – 40,000 square foot minimum lot size) Zoning District. The proposed project is seeking exceptions for the building height, aggregate building height, and number of stories. If these are granted, the proposed project will comply with the rest of the quantitative criteria of Title 17, Zoning.

The subject property is a legal, non-conforming lot that has a total lot size of 26,000 square feet in an RL-40 zoning district (minimum lot size 40,000 square feet). The proposed FAR is 0.18, below the maximum allowable FAR of 0.20. It should be noted that the quantitative criteria are not entitlements and at the City’s discretion, more restrictive standards may be applied to meet the objectives of Title 17 and the spirit and intent of the City’s General Plan.

Residential Floor Area
Section 17.6, Residential Floor Area, of the OMC is intended to preserve the established characteristic of Orinda’s residential setting, assure that development responds to the limitations created by the parcel size and topography, minimize the impact that the development might have on the site and its surroundings, and limit the environmental damage of tree removal and grading. At the same time, §17.6 of the OMC also recognizes the need to expand the range of home sizes to accommodate growing needs as well as diversify the residential development palette.

To evaluate the proposed project’s relative size, staff analyzed the surrounding neighborhood within a 300-foot radius of 42 Charles Hill Circle. Figure 16 shows a map of the surrounding neighborhood, indicating the 300-foot radius of parcels that were analyzed.

The property is 26,000 square-feet in size and the legalization of modifications to the approved project would result in a 4,789 adjusted square-foot (5,919 gross square-foot), three-story residence with approximately 18.4% FAR. The 2023 project approved a 4,356 adjusted square-feet (4,864 gross square-feet), two-story residence with approximately

16.8% FAR. Neighboring residences in a 300-foot radius contain a living space that ranges from 1,181 to 6,191 square-feet with an average of 3,031 square-feet. The legalization of modifications to the approved project would result in the subject property having the second largest total living space, with the highest FAR for the neighborhood.

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Figure 16. Neighborhood properties within a 300-foot radius of 42 Charles Hill Circle.

Table 3. Subject Property & Neighboring Properties
Proposed Project
Site Address Lot Size
(Net SF)
Adjusted Floor
Area (SF)
Gross Floor
Area (SF)
FAR
(Based on Adjusted Floor
Area)
42 Charles Hill Circle
with modifications to
be legalized
26,000 4,789 5,919 18.42%
Surrounding Properties (300-foot radius) & Existing Residence Site Address Lot Size
(Gross SF) Existing Floor Area (SF) FAR
35 Charles Hill Circle 36,000 2,493 0.07
36 Charles Hill Circle 63,450 4,168 0.07
37 Charles Hill Circle 40,000 2,721 0.07
38 Charles Hill Circle 26,000 3,177 0.12
39 Charles Hill Circle 15,000 2,593 0.17
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41 Charles Hill Circle 14,000 2,298 0.16
46 Charles Hill Circle 175,000 1,181 0.01
48 Charles Hill Circle 33,600 4,738 0.14
50 Charles Hill Circle 64,000 3,013 0.05
141 Camellia Ln -
Lafayette 47,895 2,771 0.06
147 Camellia Ln -
Lafayette 48,720 6,191 0.13
149 Camellia Ln -
Lafayette 84,280 3,515 0.04
Camellia Ln -
Lafayette 148,460 0 0.00
Neighborhood Statistics
Lot Size (SF) Existing Floor Area (SF) FAR
High 175,000 6,191 17%
Low 14,000 1,181 1%
Average 61,262 3,238 9%
Median 47,895 2,892 7%
NOTE: Data regarding neighboring lot size, adjusted floor area, and FAR is pulled from the Contra Costa County Building Inspection Department records. The Building Inspection Department calculates net lot size and adjusted floor area differently from the Planning Department. As such, the numbers presented in this comparison are intended to provide a general comparison rather than an exact listing of values.
§17.30.5 – Basic Design Review Standards
Siting and Neighborhood Context
The proposed development is designed and located on the site so that it is visually harmonious with, but not necessarily identical to, other structures in the neighborhood. The proposed development is designed to blend into the existing landscape and natural context, protect undeveloped ridgelines and hillsides, maintain the dominance of wooded and open ridges and hillsides, and preserve significant or unique scenic vistas.

The house sits along the south boundary of this irregularly shaped lot, with access to Charles Hill Circle provided by a driveway. The location of the structure maintains the visual harmony of the neighborhood by having the mass of the building located closest to Charles Hill Circle, presenting a single story, approximately 15foot-tall, profile. The building materials are similar to the materials on surrounding properties and are in Item J.1
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harmony with surrounding structures. The house also limited the amount of impervious surface and retaining walls necessary for construction, by positioning the house on the flattest portion of the site, with minor excavation for the foundation along the rear of the structure. The size of the subject lot is 26,000 square feet, which is on the low end for the neighborhood average of 61,262 square feet. There are three properties that are smaller in the immediate neighborhood. The legalization of modifications to the approved project would result in a 4,789 adjusted square-foot (5,919 gross square-foot), three-story residence with approximately 18.4% FAR. The 2023 project approved a 4,356 adjusted square-feet (4,864 gross square-feet), two-story residence with approximately 16.8% FAR. The legalization of modifications to the approved project would result in the subject property having the second largest total living space, with the highest FAR for the neighborhood.

The modifications which cause an increase in the square footage are not related to an addition to the structure; rather an interior vertical reorganization of floors to allow for a third story. The residence, with the modifications from the approved project, includes multiple levels not visible from the right-of-way. The home utilizes a mixture of natural colors to blend in with the natural landscape and complies with required setback requirements for the RL-40 zoning district.

The house is screened from views from neighboring properties by existing mature trees and vegetation, along with the natural curve of the street. In the 2023 project, the applicant received approval to remove a large Oak to the south (front) of the proposed home; however, the applicant has since revised the proposal to allow the tree to remain, providing additional screening.

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Figure 17. Picture of front elevation of 42 Charles Hill Circle.

Design
The design elements are visually harmonious, in scale with the size of the structure, and balance environmental considerations. If the proposed development is an addition or remodel of an existing structure, the existing construction and proposed construction are visually harmonious. Facades and exterior walls shall be designed to reduce the blocky or massive features of building surfaces and provide articulation.

The structure, with modifications to the approved project, features strong, prominent roof lines, with varied but complementary roof lines and materials. The added tile wall and breaking up of the sunshade provide additional articulation along the front and side elevations of the project. Majority of the window and door changes involved the addition of several windows to the approved project, further reducing blocky building surfaces, providing additional articulation. Architectural elements are consistent with the existing structure and homes in the surrounding area. Stucco, stone veneer, IPE (engineered) siding, and cement board is located along the upper level, with shiplap siding placed on lower levels of the house. The use of windows and doors, recesses, and varied roof lines articulate the visual mass of the residence, providing visual interest and aesthetic appeal.

There are several types of exterior finishes to the home to provide visual interest.

Therefore, the project is visually harmonious, has been designed to reduce blocky or massive features, and provides articulation on all sides.

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See figures 8-15 for a visual comparison of the approved 2023 project and the as-built modifications, in regard to material, window and door changes.

Please refer to the attached Project Plans and Figures 17 and 18 for photographic detail.

Figure 18. Picture of side and rear elevations of 42 Charles Hill Circle, demonstrating varied materials.

Privacy, Views, Light, and Air
The proposed development does not impair the existing views, block access to light and air, or infringe on the privacy of neighbors in a substantial fashion. In considering this factor, decision makers shall balance the importance of minimizing impacts on neighboring properties and the applicant’s ability to develop the property.

Views from neighboring houses on either side are obscured by significant vegetation. The modifications to the approved project do not result in substantial impairment of views, light, and air, nor infringe significantly on the privacy of neighbors given the thorough design of the home and the siting of the footprint relative to adjacent neighbors. The project meets all setback requirements for the RL-40 district.

The majority of the massing is located at the rear of the residence. The structure is setback from the rear property line by 33’ – 9”, more than double the required rear yard setback.

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The project site slopes down from Charles Hill Circle, and the house has been designed to be built into the hillside, protecting neighbors’ privacy, views, light and air.

Landscaping
Primary landscaping elements complement and are appropriate for the structure, the site, and the neighborhood.

The landscaping plan from the previously approved project has been implemented, which includes a mixture of trees, shrubs, and plants in the front yard that serve to enhance the building and screen portions of the driveway from public view. The project retained 18 existing trees throughout the property; rather than the approved 17, they also retained a large tree in the front of the property. The rear of the property is steeply sloped which does not allow use of the area as a back yard, where the majority of the trees will remain and provide screening. The existing natural trees and vegetation will allow the proposed residence to blend in with the surrounding neighborhood. Given the extent of the existing and proposed vegetation, the landscaping elements are appropriate for the structure, site, and neighborhood.

Figure 19. Aerial site plan showing existing large trees, removed trees marked with a red X, a tree previously slated for removal as a part of the 2023 project but now retained is circled in green.

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§17.30.7 – Special Design Review Standards – Severely Sloped Development Footprints
The project is in substantial compliance with the Hillside and Ridgeline Design Guidelines.

The project, including the modifications from the previous approvals, is in substantial compliance with the Hillside Design Guidelines.

For severely sloped development footprints, the floor elevations of the residence shall respond to the existing topography so that the apparent mass is reduced rather than accentuated. Generally, foundations shall be cut into the hillside, with retaining walls concealed by and integral to the proposed structure. Floor elevations shall step with the hillside's existing grades, and skirt walls higher than six feet are generally to be avoided.

The plans approved in 2023 met this standard and the standard is still met following the exterior changes made during construction. The building footprint and floor elevations respond to the existing topography with the mass reduced along the front of the house.

Due to the depth of the lot and the slope of the property, the apparent mass has been reduced to the fullest extent possible.

For ridgeline lots, the natural appearance of the ridgeline is preserved to the greatest extent possible, minimizing the addition of machine-made features to the natural silhouette of the ridge as viewed from throughout the community.

The subject lot is not a ridgeline lot.
§17.35.3 – Elevated Deck Permit Standards
The elevated deck does not substantially diminish the privacy of neighbors.

As described above, an Elevated Deck Permit is required for the approximately 750 square-foot main deck. This is an approximately 50 square-foot increase in size from the previously approved project. The 2023 approved project’s elevated deck wraps approximately halfway around the side of the structure, as-built, the deck has been expanded to wrap the full length of the side of the structure and connect to the front. Asbuilt, the elevated deck is located approximately 40 feet away from the closest adjacent neighbor (to the south) and is screened from view from that neighbor by existing mature trees. The deck is located approximately 150 feet away from the rear wall of the neighbor to the east, in Lafayette. The deck is screened from the right-of-way by the home. There is no residence to the north of the property. Further, the existing landscape and trees, including the 18 trees to remain, provide privacy screening of the elevated deck. A large number of existing trees and vegetation maximizes privacy for the adjacent neighbors.

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See Figures 1-3 for a comparison of the approved project and the as-built deck.

Figure 20. Aerial view showing distance from elevated deck to neighboring properties and existing large trees screening it from view.

The elevated deck does not substantially block desired views from neighboring residences.

The as-built elevated deck does not block desired views from adjacent properties. The deck is integrated into the perimeter of the home. The house location and elevation of the deck relative to neighbors will not impact their views.

The elevated deck does not result in the removal of trees which screen undesirable views.

No further trees are slated for removal for this project. The previous project approved the removal of two bay trees for construction of the deck; the removal of those trees do not affect the screening of the project from adjacent properties. The approximately 50 squarefoot expansion of the deck did not necessitate the removal of any additional trees. All existing trees shall remain (the Planning Commission approved the removal of twelve (12) trees under Planning Commission Statement of Official Action SOA-2023-002).

Reasonable use of the deck will not cause a material increase in ambient noise for neighboring properties.

Item J.1
Packet Page 253
As-built, the elevated deck is located approximately 40 feet away from the closest adjacent neighbor (to the south) and is screened from view from that neighbor by existing mature trees. The deck is located approximately 150 feet away from the rear wall of the neighbor to the east, in Lafayette. The deck is screened by existing vegetation and portions of the home, which will help to significantly reduce ambient noise associated with the use of the elevated deck. There is a hedge at the south property line and extensive tree coverage blocking the property to the east. Reasonable use of the deck will not cause material increase in ambient noise.
§17.32 – Exception – To § 17.4.2, Building Height, Aggregate Height, and Number of Stories
The strict application of the respective zoning regulations will either: (1) deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district, because the site's unique characteristics, such as an irregular or constrained size, shape or topography, or limitations created by the site's existing development, limit design options available to the subject property; or (2) serve no land use planning purpose under this title or the general plan because of the absence of any negative impact whatsoever on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as a result of the size, shape, location or topography of the site.

Strict application of the building height and aggregate height requirements would limit the ability for the site to be developed as the site has steeply sloping topography (approximately 48% average slope) and a limited area to build on the site. The increase in both building height and aggregate building height from the approved project is less than 3 feet (see Table 2 for details) and is limited to aesthetic choices, including the tile accent wall added to the structure’s front elevation. The increase in the number of stories did not affect the overall building height, rather it involved an interior vertical reorganization of floors to allow for a third story, and therefore had no negative impact.

The as-built project with the modifications still presents as an approximately 15-foot-tall one-story structure from the right-of-way.

The exception will result in development which substantially complies with the intent and purpose of the requirements, including design review, of the land use district in which the subject property is located.

Exceptions are intended to provide a degree of design flexibility in the application of certain quantitative regulations in this title, so that factors of site design and architecture can be addressed. Title 17 further advises that strict application of zoning standards could deprive a particular parcel of opportunities for design flexibility where there is no adverse impact to be regulated. In such circumstances, there is a benefit to the public to avoid unintended regulatory results. Other than those regulations for which the applicant has requested an Exception Permit, the project complies with the intent and purpose of the requirements, including design review applied for with this project, of the land use district in which the subject property is located.

Item J.1
Packet Page 254
For a project affecting an existing structure: 1. The exception does not substantially increase the degree of an existing nonconformity; and 2. The exception is necessary to preserve or enhance a feature of the existing structure which is architecturally or functionally appropriate.

An Exception Permit is required for the 1) Building Height (proposed approximately 30.5 feet, maximum allowed 27 feet, previously approved 29.5 feet); 2) Aggregate Building Height (proposed 38.5 feet, maximum allowed 35 feet, previously approved 36 feet); and 3) Number of Stories (proposed 3, maximum allowed 2.5, previously approved 2). The slight increase in Building Height and Aggregate Height from the previous project approvals are to accommodate an updated design feature (tile wall) on the front elevation, this feature only raises the height of the structure by approximately 1-foot along the front elevation.

The increase in the number of stories did not significantly affect the overall building height and therefore does not substantially increase the degree of nonconformity. Further, the third story that was created in what was previously approved as a crawlspace/mechanical platform is proposed to be an Accessory Dwelling Unit (ADU), which is not subject to discretionary review by the City and helps address the need for additional housing units.

An exception from sign size limitations is necessary for the sign to remain proportional to preexisting architectural features or site conditions.

Not applicable.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with §15301 (Existing Facilities), as the project would be an addition to an existing structure, which is identified in example (e) of the exemption in the 2026 CEQA Guidelines; and, §15303 (New Construction or Conversion of Small Structures), as the project would include a second dwelling unit in a residential zone, which is identified in example (a) of the exemption in the 2026 CEQA Guidelines.

Additionally, none of the exceptions to the exemptions as established in §15300.2 of the CEQA Guidelines apply to this project.

APPEAL
The appeal to the City Council constitutes a de novo hearing, meaning that the Council is to make an independent decision based upon the applicable City criteria and the facts presented. The City Council is in no way bound by the Planning Commission’s decision.

Facts to be considered by the Council include:
 Administrative record of the Planning Commission hearing, including meeting minutes;
 The information presented in this report;
 Public testimony and any other information presented to the City Council at this appeal hearing.

Item J.1
Packet Page 255

HEARING PROCESS
The Orinda City Council Policies and Procedures Manual provides the following process for items that are the subject of an appeal, here adapted for the City Council:

1. Item called by presiding officer.

2. Presiding officer reviews order of procedure for public hearing.

3. City Council members disclose any ex parte communications and site visits occurring outside the public hearing relating to the subject of the hearing

4. Staff summarizes issues before the Council.

5. Questions from the Council to staff.

6. Applicant presents arguments in favor of its position (15 minutes including rebuttal time).

7. Questions from Council to applicant.

8. Statements from persons other than the applicant (3 minutes per speaker).

9. Applicant offers rebuttal and concluding remarks (time remaining from the 15 minutes allotted).

10.Following the public testimony portion of the hearing, the presiding officer shall declare the public hearing closed and the matter is then before the Council. Each Council Member shall be given the opportunity to speak to the subject. When the Council discussion is concluded, the Council shall make its decision.

FISCAL IMPACT:

None.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:

A. Project Plans dated May 15, 2026
B. Proposed Resolution 63-26 Appeal of 42 Charles Hill Circle C. Appeal of Planning Commission Decision
D. May 26, 2026 Planning Commission Meeting Minutes
E. May 26, 2026 Planning Commission Staff Report and Attachments F. May 26, 2026 Planning Commission Correspondence
G. Applicant Correspondence
H. January 24, 2023 Planning Commission Meeting Minutes for Previous Project (DRA-2022-022, EDP-2022-010, EXC-2022-017, and TRP-2022-012) Prepared by: Celina Palmer, AICP, Associate Planner
Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Item J.1
Packet Page 256
Linda Smith, City Manager
Item J.1
Packet Page 257
Scale
Date
DrawnJob

ARCH - CONST - DEVELOP
500 OAKSHIRE PLACE
ALAMO, CA 94507
925-322-1422
SHEET
5/15/2026 3:25:22 PM
A0.0

COVERSHEET
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
NEW CUSTOM RESIDENCE: 42 CHARLES HILL CIRCLE
MAY 15, 2026
APN: 260-080-01LOT 55, MONTI VISTA SUBDIV.LOT AREA: 26,136 +/- (SAME AS NET PARCEL AREA)AVG SLOPE OF SITE: 53% +/-NUMBER OF STORIES: 2 MAX BUILDING HEIGHT: 38' - 6"(EAST ELEVATION ONLY)BUILDING SETBACKSSIDE YARD EAST = 16' - 0"SIDE YARD (DECK) = 12' - 0"SIDE YARD WEST = 51' - 0"FRONT YARD SOUTH = 15' - 0"REAR YARD WEST = 33' - 9" # Pound OR Number& And@ AtACT Acoustic Ceiling TileAD Area DrainAFF Above Finished FloorALUM AluminumANOD AnodizedBSMT BasementBYND BeyondBOT BottomCIP Cast In PlaceCHNL ChannelCJ Control JointCLG CeilingCLR ClearCMU Concrete Masonry UnitCOL ColumnCOMPRCompressibleCONC ConcreteCONT ContinuousCPT CarpetCT Ceramic TileCTYD CourtyardDBL DoubleDEMO Demolish or DemolitionDIA DiameterDIM DimensionDIMS DimensionsDN DownDR DoorDWG DrawingEA EachEJ Expansion JointEL ElevationELEC ElectricalELEV Elevator or ElevationEPDM Ethylene Propylene Diene M-Class (Roofing)EQ EqualEXIST ExistingEXP JT Expansion JointEXT ExteriorFD Floor Drain or Fire DepartmentFEC Fire Extinguisher CabinetFIXT FixtureFLR FloorFM Filled MetalFO Face OfFND FoundationGA GaugeGALV GalvanizedGWB Gypsum Wall BoardHC Hollow Core HM Hollow MetalHP High PointHR HourHVAC Heating, Ventilating, And Air ConditioningIRGWB Impact Resistant Gypsum Wall BoardILO In Lieu OfINSUL Insulated or InsulationINT InteriorLO LowMAX MaximumMO Masonry OpeningMECH MechanicalMEMBRMembraneMIN MinimumMRGW Moisture-Resistant Gyp Wall BoardMTL MetalNIC Not In ContractNO NumberNOM NominalOC On CenterOH Opposite HandOZ OuncePCC Pre-Cast ConcretePLUMB PlumbingPLYD PlywoodPT Pressure TreatedPNT Paint or PaintedPVC Polyvinyl ChlorideRBR RubberRCP Reflected Ceiling PlanRD Roof DrainREQD RequiredRM RoomSIM SimilarSPEC Specified OR SpecificationSPK Sprinkler or SpeakerSSTL Stainless SteelSTC Sound Transmission CoefficientSTL SteelSTRUC Structure or StructuralT&G Tongue And GrooveTELE TelephoneTLT ToiletTO Top OfTOC Top Of ConcreteTOS Top Of SteelTPD Toilet Paper DispenserT/D Telephone/DataTYP TypicalUNO Unless Noted OtherwiseU/S UndersideVIF Verify In FieldVP Vision Panel

PROJECT INFORMATION

PROJECT DIRECTORY
OWNERHILLSIDE HOMES GROUP, INC.500 OAKSHIRE PLACEALAMO, CA 94597(480) 529-5847 ARCHITECHTHILLSIDE HOMES GROUP, INC.500 OAKSHIRE PLACEALAMO, CA 94597(925) 381-2950 STRUCTURAL ENGINEERADVANCED ENGINNERING3381 WALNUT BLVD. # 220BRENTWOOD, CA 94513(925) 240-2319CIVIL ENGINEERTERRA FIRMA ENGINEERING3710 LONE TREE WAY #113ANTIOCH, CA 94509(925) 437-3700 GEOTECHNICAL ENGINEERAC ENGINEERING INC. 454 LAS GALLINAS AVE. #1047SAN RAFAEL, CA 94903(415) 295-2152 TITLE-24 ENERGY CONSULTANTSWEET SUSTAINABLE SOLUTIONSLISA SWEET(510) 693-9694

ABBREVIATIONS

VICINITY MAP

1. CONTRACTOR TO VERIFY CONDITIONS AND DIMENSIONS AT THE SITE, BRING ANY INCONSISTENCIES TO THE ATTENTION OF THE ARCHITECT BEFORE PROCEEDING WITH WORK.2. DO NOT SCALE DRAWINGS. WRITTEN DIMENSIONS SHALL GOVERN OVER PLANS AND ELEVATIONS. LARGE SCALE DRAWINGS SHALL GOVERN OVER SMALL SCALE DRAWINGS.3. ALL DIMENSIONS TO FACE OF STUD UNLESS OTHERWISE NOTED.4. COORDINATE EXACT LOCATION OF ALL ELECTRICAL FIXTURES AND OUTLETS WITH ARCHITECT IN FIELD.5. COORDINATE EXACT LOCATION OF MECHANICAL EQUIPMENT, DUCTS, GRILLES, REGISTERS, FLUES AND VENTS WITH ARCHITECTURAL DRAWINGS.6. INSTALL ALL MATERIALS, EQUIPMENT, AND FIXTURES IN CONFORMATION WITH THE REQUIREMENTS AND RECOMMENDATIONS OF THE MANUFACTURER.7. PROVIDE ALL NECESSARY BLOCKING, BACKING, AND FRAMING FOR: LIGHT FIXTURES, ELECTRICAL UNITS, PLUMBING FIXTURES, BATHROOM ACCESSORIES, HEATING EQUIPMENT, CASEWORK, ANDALL OTHER ITEMS REQUIRING SUPPORT.8. CONTRACTOR IS RESPONSIBLE FOR LOCATING AND PROTECTING ALL EXISTING ON-SITE UTILITIES DURING CONSTRUCTION.9. ANY QUESTIONS REGARDING THE INTENT RELATED TO THE LAYOUT OF THE NEW WORK SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO PROCEEDING WITH ANY WORK.10. ALL WORK SHALL BE DONE IN STRICT ACCORDANCE WITH ADOPTED EDITIONS OF THE UBC, CBC, AND ALL OTHER BUILDING CODES CURRENTLY ENFORCED BY LOCAL AUTHORITIES.11. ALL FIRE PREVENTION WORK TO BE DONE IN ACCORDANCE WITH THE 2019 CALIFORNIA FIRE CODE AND REFERENCE TO NFPA 13D WITH EAVE SPRINKLERS PER MOFD.12. THIS HOME IS LOCATED IN THE WILDLAND INTERFACE FIRE AREA. THE HOME SHALL COMPLY WITH CRC R337 - IGGNTION RESISTANT CONTRUCTION. NOTE: THE WOOD DECKING SHOWN MUST COMPLY WITH CRC R337.13. ALL LIGHT FIXTURES IN THE TUB AND SHOWER TO BE LABELED SUITABLE FOR DAMP LOCATIONS.

Sheet List
Sheet Name
Sheet
Number Sheet Issue Date
COVERSHEET A0.0 8/8/2023SITE PLAN A1.0 8/8/2023UPPER LEVEL A1.1 8/8/2023LOWER LEVEL A1.2 8/8/2023BASEMENT LEVEL/ADU A1.3 05/15/26ROOF PLAN A1.4 8/8/2023EAST & WEST ELEVATIONS A2.1 8/8/2023NORTH & SOUTH ELEVATIONS A2.2 8/8/2023BUILDING SECTIONS A3.0 8/8/2023ARCHITECTUAL DETAILS A4.0 8/8/2023CONSTRUCTION MGMT PLAN C1.3 8/8/2023LANDSCAPE PLAN L1.1 8/8/2023TREE PROTECTION PLAN L1.2 8/8/20233D PERSPECTIVE & MATERIALS Z1.2 8/8/2023

ASSESORS PARCEL MAP
FAR: 4789/26136 = 0.183 (18.3%)REVISED FAR = 0.211 (21.1 %)ADJUSTED FLOOR AREA:UPPER LEVEL = 1650 SFLOWER LEVEL = 2500 SFTOTAL LIVING AREA: 4150 SFGARAGE = 600 SF(GARAGE LESS) = -400 SFSEC. 17.6.3 AREA = 439 SFADDTL FLOOR AREA = 730 SF TOTAL FLOOR AREA: 5519 SF NOTE: IF PLANS PRINTED 11X17, SCALE MAY NOT MATCH
ZONING TYPE: R-40/CD-1OCCUPANCY: R3 (SFR)6 PARKING SPACES:
3 GARAGE1 UNCOVERED
CONSTRUCTION CLASS: VFIRE SPRINKLER SYSTEM: YESC3 STORMWATER CONTROL: OPTION 4BIORETENTION FACILITY

SYMBOLS GENERAL NOTES

SUBJECTPROPERTY
FIRE NOTES:1. ALL FIRE PREVENTION WORK TO BE DONE IN ACCORDANCE WITH THE 2019 CALIFORNIA FIRE CODE AND REFERENCE TO NFPA 13D WITH EAVE SPRINKLERS PER MOFD.2. THIS HOME IS LOCATED IN THE WILDLAND INTERFACE FIRE AREA. THE HOME SHALL COMPLY WITH CRC R337 - IGGNTION RESISTANT CONTRUCTION. NOTE: THE WOOD DECKING SHOWN MUST COMPLY WITH CRC R337.3. AN ALTERNATE MATERIALS APPLICATION SHALL BE APPROVED THAT ADDRESS AVAILABLE FIRE FLOW AT THE SITE: THE REQUIRED FIRE FLOW FOR THE HOME IS 875 GPM. THE AVAILABLE FLOW IS 314 GPM. THE APPLICATION INDICATES THE SPRINKLER SYSTEM WILL BE UPGRADED TO PROVIDE A 3 SPRINKLER HYDRAULIC DESIGN, AND THE ADDITION OF FIRE SPRINKLERS IN THE BATHROOMS, CLOSETS AND ATTIC SPACES; AS WELL AS SPRINKERS AT ALL EAVES.

Revision Schedule
Revision
Number Revision Description
Revision
Date
3 As Built Revision 4/22/2026
Item J.1
Packet Page 258
DN
15' - 0"

SIDEYARD SETBACK
16' - 0"
FROM 40" OAK
12' - 0"
1028'
1027'
1026'
1029'
1030'
SUNSHADE 7' - 0"

MAIN DECK

NEW PROPOSED RESIDENCE

WATER LATERAL

NEWWATERMETER

NEW LANDSCAPING

AT FRONT YARD

NEW LANDSCAPING

AT FRONT YARD

CONCRETE DRIVEWAY
C.I.P CONCRETE

PAVERS AT ENTRY
1024.75'
5' MAX HEIGHTPLANTER WALL
1026' - 7"

ELECTRIC LATERAL
3 CAR GARAGE
EL: 1024' - 10"

SETBACK AT STREET
31' - 5"

FRONTYARD SETBACK
15' - 0".
1023' - 10"

REAR YARD SETBACK
19' - 0"

SIDEYARD SETBACK
25' - 0"

SETBACK AT HOUSE
51' - 0"
4' - 0"
4' - 1"
1035' - 10"
T.O PARAPET
CL
REMOVE
OAK
REMOVE
OAK
STUMP
REMOVE
OAK
SLOPE 9% TO DRAIN
ELEC.METER

NORTHARROW

GAS LATERAL
4" SEWER LATERAL

FROM SEWAGE

EJECTOR PUMP

EXISTING SEWER MAIN

FAMILY ROOM/KITCHEN
UPPER LEVEL (FAMILY): 1023' - 10"
UPPER LEVEL (ENTRY): 1025' - 0"
LOWER LEVEL (MASTER): 1013' - 10"
LOWER LEVEL (STAIR/BEDS): 1015' - 0"

SOFFIT ATDOTTED LINE
3 C1.1
4" SOLID DRAINPIPE:CONNECT TO 4" PERFPIPE AT DISSIPATOR 4" SOLID DRAINPIPE:

CONNECT TO 4" PERF

PIPE AT DISSIPATOR
4" SOLID DRAINPIPE:CONNECT TO 4" PERFPIPE AT DISSIPATOR SLOPE 5% TO DRAIN

STRIP DRAIN AT DRIVEWAY

SECONDARY
ELECTRIC BOX;

BY PG&E
STUMP

DEADTREE
1015'
1010'
1005'
1000'

EXISTING HEDGE AT

PROPERTY LINE

OAK TREE

PRESERVED
REMOVE
OAK
REMOVE
BAY
REMOVE
BAY
REMOVE
BAY
995'
990'
1020'
1020'
1015'
1025'
1010'
1005'
B.O WALL:
1011' - 6"
B.O WALL:
1013' - 6"
B.O WALL:
1017' - 6"
B.O WALL: 1013' - 6"
1035' - 10"
T.O PARAPET
4" DRAINPIPE
REMOVE
BAY
REMOVE
OAK
REMOVE
ACACIA
REMOVE
BAY

EXISTING FIRE
HYDRANT 54'

FROM PL
FIRE/SITE STAIR:CONCRETE STAIR ACCESS& CONCRETE LANDINGACCESS; 4' MIN. WIDE AT STAIR & 4' - 4" MIN CONCRETELADDER PADS IN FRONTOF EGRES/RESCUEOPENINGS (CRC 310) GARBAGE ENCL.
9' - 6"
4' - 10"

CANTILEVER EDGE,SEE ELVATION
DRAIN

RETAINWALL(LOWERLEVEL)
22' - 9"
32' - 0"
21' - 5"
20' - 0" TYP.

DRAINAGEDISSIPATOR 1
DRAINAGEDISSIPATOR 2
DRAINAGEDISSIPATOR 3
DRAINAGEDISSIPATOR 4

AREADRAIN

GASMETER
GAS
TIE
IN

SUNSHADE

SUNSHADE
1/8" = 1'-0" 1 Site Plan
ScaleDate
DrawnJob

ARCH - CONST - DEVELOP
500 OAKSHIRE PLACE
ALAMO, CA 94507
925-322-1422
SHEET
1/8" = 1'-0"
5/15/2026 3:25:26 PM
A1.0

SITE PLAN
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
Revision Schedule
Revision
Number Revision Description
Revision
Date
3 As Built Revision 4/22/2026
Item J.1
Packet Page 259

SETBACK
25' - 0"

MULTISLIDE DOOR
16' - 0"
3' - 0" 16' - 0" 3' - 0" 9' - 6" 3' -
0"
19' - 7"
33' - 0" -
- South Elevation
- B
A2.2
2 North Elevation
2' - 6"
2' - 5" 4' - 8" 9' - 0" 4' - 10"
6' - 6" 19' - 10"
10' - 10"
5' - 6"
5' - 6"
1' - 9" 2' - 8"

POWDER ROOM
ENTRY
6' - 8".
16' - 0" 10' - 0".

22.50°

22.50°
26' - 4"

SIDEYARD SETBACK
51' - 0"
SHAFT

SIDEYARD SETBACK - HOUSE
16' - 0"
16' - 4" 36' - 1"
44' - 0".
1 A3.0
GARAGE

DINING ROOM

FAMILY ROOM

KITCHEN
A2.1
1 East Elevation
A2.1
2 West Elevation
12' - 10"
2 A3.0
3 A3.0

MAIN DECK
BAR
ISLAND
42" MIN. TALL

GUARD RAIL AT

BACKUP SPACE

CONCRETE DRIVEWAY
5" THICK CONCRETE

OVER PLYWOOD

INSULATEDFIRE RISERROOM

SETBACK FROM STREET
31' - 5"

FRONTYARD SETBACK FROM PL
15' - 0".
2 SIDED FIREPLACE
C.I.P CONCRETE

PAVERS AT ENTRY
3' - 2"
5' - 6"
5' - 0"

REARYARD SETBACK
33' - 9"
CONCRETE WALL:

CONTINUE TO

STREET FROM

BACKUP SPACE
CIRCLE
A2.2
1 South Elevation
LOWER

PLANTER
6' - 10"

SETBACK FROM PL
15' - 0"
4 A4.0
9' - 6"

SOLID DECK - PORCELAIN PAVERS

OVER WATERPROOF MEMBRANE
NOTES:CLASS A ROOFING ASSEMBLY1-HR FIRE RATED ASSEMBLY ON ALL EXTERIOR WALLS (5/8" TYPE X GYP. OR 7/8" STUCCODOUBLE BLOCKING BETWEEN RAFTER EAVESEAVE VENTING PER APPROVED COUNTY METHODSSAFETY GLASS FOR ALL EXTERIOR WINDOWS AND DOORSVENT LOUVERS IN WALLS SHALL NOT EXCEED 144 SQ IN PER OPENINGALL REQUIREMENTS PER CBC CHAPTER 7A & O.M.C 15.04.626 WINDOW NOTE:ALL WINDOWS AND GLASS DOOR ASSEMBLY TO COMPLYWITH SECTION 708A.2.1. ALL GLASS TO BE TEMPEREDIF SAFETY GLAZING TO BE PROVIDED ON ALL WINDOWS: TO BE CONSTRUCTED OF MULTIPANE GLAZING WITH A MIN.OF ONE TEMPERED PANE MEETING THE REQUIREMENTSOF SECTION 707.A.5 AND 707.A.9FIRE NOTE:PER ORINDA FIRE MARSHALL, LADDERS AND CONCRETEPADS NOT REQ. AT EMERGENCY ESCAPE AND RESCUEOPENINGS. PLAN AS DRAWN COMPLYS WITH CRC R310

GARAGE DOORS SHALL

BE PROVIDED WITH

WEATHER STRIPPING
PER SECTION 708A.4
GARAGE NOTE:

EXTERIOR

GARAGE DOORS

SHALL BE PROVIDED WITH

WEATHER STRIPPING TO

RESIST THE INTRUSION
OF

EMBERS FROM ENTERING

THROUGH GAPS BETWEEN

DOORS AND DOOR

OPENINGS

WHEN VISIBLE GAPS EXCEED
1/8 INCH (3.2 MM). WEATHER

STRIPPING OR SEALS SHALL BE

INSTALLED ON THE BOTTOM,

SIDES, AND TOPS OF DOORS

TO REDUCE GAPS BETWEEN

DOORS AND DOOR OPENINGS
TO 1/8 INCH (3.2 MM) OR LESS.

SELF

CLOSING
HINGES
-
-
North Elevation
- B
4 A3.0

STRIP DRAIN AT DRIVEWAY
HILL

CHARLES
52' - 5"

FIRE PIT
9' - 0"
BBQ
AREA
2' - 3"
3 A4.0
2 C1.1
2' - 2"
5' - 0"

CUBBIES
1024' - 10"
AV
7' - 2"
FULL HEIGHT CAB.

GARBAGEENCLOSURE
1025' - 0"
1023' - 10"
1022' - 3" 1017' - 7"
SINK
REF
STEP -7" 5' - 0" PIVOT DOOR

GLASSRAILING
2' - 3"
17' - 0" 17' - 8" 16' - 0"
4' - 9" 4' - 8"
11' - 2"
-
---
ADDRESSNUMBERS(4" MIN HEIGHT'ILLUMINATED)
COAT
FAU 1
WINDOW CHANGETO 2 - VERTICALWINDOWS, FIXED
WALL

RETAINING

SETBACK TO EGRESS DECK
12' - 0"
ScaleDate
DrawnJob

ARCH - CONST - DEVELOP
500 OAKSHIRE PLACE
ALAMO, CA 94507
925-322-1422
SHEET
1/4" = 1'-0"
5/15/2026 3:25:33 PM
A1.1

UPPER LEVEL
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
1/4" = 1'-0" 1 Upper Level
Revision Schedule
Revision
Number Revision Description
Revision
Date
3 As Built Revision 4/22/2026
Item J.1
Packet Page 260
UP
UP
SETBACK @ HOUSE CORNER 16' - 0"
15' - 4"
21' - 2"
12' - 11"
5' - 3"
14' - 9"
1 A3.0
5'
-
5"
15'
-
1"
5' -
5"
A2.1
1 East
Elevation
A2.1
2 West
Elevation

MASTER BEDROOM
2 A3.0
3 A3.0
6' - 7" 19' - 9"
6' - 1"

MAS CLOSET TER

MASTER BATH
BENCH
VALVE

ENTERTAINMENT
BEDROOM 2

GUEST SUITE
BATH 2

GUEST BATH

ART PLATFORM
5' - 6"
A2.2
1 South Elevation
5' - 0"
3' - 4"
MIN 4' - 0"

LOWER PLANTER

BACKFILL AT DRIVEWAY
5' - 6"
1 HR FIRE RATED AT ALLUNDERSIDE PROJECTIONS,TYP. SOLID DECKING TOCOMPLY WITH 709A WINDOW NOTE:ALL WINDOWS AND GLASS DOOR ASSEMBLY TO COMPLYWITH SECTION 708A.2.1. SAFETY GLAZING TO BE PROVIDED ON ALL WINDOWS: TO BE CONSTRUCTED OF MULTIPANE GLAZING WITH A MIN.OF ONE TEMPERED PANE MEETING THE REQUIREMENTSOF SECTION 707.A.5 AND 707.A.9 4 A3.0
15' - 11"
36' - 6"
SHOWER
33' - 0"
20'
-
6"
12 '
-
0"

BACKFILL AT DRIVEWAY

MAIN DECKSHOWN DOTTED

LANDING

EMERGENCY ESCAPE &
RESCUE OPENING, CRC R310

EMERGENCY ESCAPE &
RESCUE OPENING, CRC R310
EMERGENCY ESCAPE & RESCUE OPENING, CRC R10

LAUNDRY
CLOSET
6'
-
3"
13'
-
0"
4' - 9"
4' -
9"
2' - 9"
CLOSET
26' - 4"
1 '
-
7"
2' - 0"
2' - 0"
2' -
0"
4'
-
0"
1015' - 0"

STRUCWALL
4' - 9"
-
---
EMERGENCY ESCAPE & RESCUE OPENING, CRC R310
EMERGENCY ESCAPE & RESCUE OPENING, CRC R310
8'
-
1 "
12'
-
10"
21 '
-
9"
34'
-
8"
SHOWER

ADDSLIDER

DADD OOR
ScaleDate
DrawnJob

ARCH - CONST - DEVELOP
500 OAKSHIRE PLACE
ALAMO, CA 94507
925-322-1422
SHEET
1/4" = 1'-0"
5/15/2026 3:25:38 PM
A1.2

LOWER LEVEL
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
1/4" = 1'-0" 1 Lower Level
Revision Schedule
Revision
Number Revision Description
Revision
Date
3 As Built Revision 4/22/2026
Item J.1
Packet Page 261
1 A3.0
4 A3.0
21 '
-
9"
5'
-
0"
35' - 8"
3' - 4"

BEDROOM

BATHROOM

KITCH/ FAMILY ROOM
SHOWER
MECH
(EXI
. ROOM STING)
KITCH. CAB. WITH SINK

REF/OVEN
ScaleDate
DrawnJob

ARCH - CONST - DEVELOP
500 OAKSHIRE PLACE
ALAMO, CA 94507
925-322-1422
SHEET
1/4" = 1'-0"
5/15/2026 3:25:39 PM
A1.3

BASEMENT LEVEL/ADU
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
Revision Schedule
Revision
Number Revision Description
Revision
Date
1/4" = 1'-0" 1 Basement Level
Item J.1
Packet Page 262

TPO MEMBRANE ROOF

SUNSHADE
MAIN DECK: TPO WATERPROOFING W/ 3/4" PORCELEIN PAVERS OVER PEDESALS

TPO MEMBRANE ROOF

TPO MEMBRANE ROOF
RIDGE
VALLEY
VALLEY
3 A1.4
6 A4.0

SUNSHADE DRAIN
STONE VENER;WATERPROOFW/ PARAPET CAP

SUNSHADE W/ TPO WATERPROOF MEMBRANE
VALLEY
EXTERIOR ENTRY PORCH CEILINGTO COMPLY WITH CBC SECTION 707A.6

ALL EXTERIOR SUNSHADES

TO HAVE CONTINUOUS
SOFFIT VENT, SECTION CBC 707A
SOLAR PANELS:

LOCATION TBD

SUN PATH STUDY
D.S

OVERFLOW
UP 2" FROM
T.O SCUPPER
VALLEY 7 A4.0
A1.4
2 VALLEY
VALLEY
D.S

OVERFLOW
UP 2" FROM
T.O SCUPPER
D.S
VALLEY
D.S
1035' - 10"
1035' - 10"
6 A4.0
FIRE NOTE:SOLAR PANELS REQUIRE A SEPARATEPERMIT FROM MOFD & MUST BE LOCATED IN ACCORDANCE W/ CFC 1204 ROOF, EAVE AND VENTING NOTES:CLASS A ROOFING ASSEMBLY1-HR FIRE RATED ASSEMBLY ON ALL EXTERIOR WALLS, (5/8" TYPE X GYP. OR 7/8" STUCCODOUBLE BLOCKING BETWEEN RAFTER EAVESEAVE VENTING PER APPROVED COUNTY METHODSSAFETY GLASS FOR ALL EXTERIOR WINDOWS AND DOORSVENT LOUVERS IN WALLS SHALL NOT EXCEED 144 SQ IN PER OPENINGALL REQUIREMENTS PER CBC CHAPTER 7A & O.M.C 15.04.626 2 C1.1
-
---
0' - 6"
0' - 9"
0' - 4"

DOWNSPOUT

SCUPPER
0' - 6"
0' - 3"
0' - 5"

SCUPPER

FRONT SIDE
2' X 3"

OVERFLOW,
TYP.

PARAPET WALLTORCHED DOWN MEMBRANE
22 GAUGE GALVANIZED

SHEET METAL

FLASHING

STUCCO, WOOD OR

METAIL SIDING, SEE
ScaleDate
DrawnJob

ARCH - CONST - DEVELOP
500 OAKSHIRE PLACE
ALAMO, CA 94507
925-322-1422
SHEET
As
indicated
5/15/2026 3:25:41 PM
A1.4

ROOF PLAN
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
1/4" = 1'-0" 1 Roof Plan
1 1/2" = 1'-0" 2 Scupper/Downspout Detail
1 1/2" = 1'-0" 3 Flashing Cap Detail
Revision Schedule
Revision
Number Revision Description
Revision
Date
Item J.1
Packet Page 263
T.O Parapet
1035' - 10"
Upper Level
1023' - 10"
Lower Level
1013' - 10"

CEMENT BOARD PANELS,

SWISS PEARL OR SYM,
AT ENTRY AND SUNSHADE;
COLOR: KILAMANJARO GREY
TRU EXTERIOR SIDINGW/ 1/8" REVEAL 'SHIP LAP'SIDING, PAINTED GREY STONE
VENEER
(SANDSTONE
OR SYM.)

CONCRETE

PLANTER
WALLS
42" TALL CABLE

RAILING BY

KEUKA STUDIOS
RAILINGS; COLOR

TO BE GAMBLERS GREY

SMOOTH STUCCOSIDING

ALMUMINUM
FRAME
GARAGE
DOOR
ELEC.

METER

PROPOSED AGGREGATE HEIGHT
36' - 0". 2' - 0".

ENTRY

DINING ROOM

BUILDING CONER

ON DIFFERENT

SLOPE PLANE,

SEE SOUTH
ELEVATION, A2.2

PROPOSED BU
I
LDING
HEIGHT
29 ' -
6".
1036' - 10"

CANTILEVERDECK
ACCESS DOOR:

CRAWL SPACE/
MECH. ROOM

PLATFORM
SMOOTH
STUCCO
SIDING
SMOOTH
STUCCO

SIDING NEW WINDOW
AT MECH. ROOMPLATFORM

LAUNDRY
WINDOW
HALL
EGRESS
DOOR
ACCESS

DOOR TO
CRAWL
SPACE
4' - 5"
14' - 0"
T.O Parapet
1035' - 10"
Upper Level
1023' - 10"
Lower Level
1013' - 10"

SWISS PEARL
& DARK
STUCCO

EXISTING
GRADE

CONCRETE RETAININGWALL AT BACKUP SPACE
STONE VENEER:

SANDSTONE OR SYM SWISS PEARL
SUNSHADE;

KILAMANJARO
GREY
1030' - 0"
STREET
SMOOTH
STUCCO
SIDING:

CLASIC
GREY
SMOOTH
STUCCO
SIDING:

CLASIC
GREY
GARBAGE ENCLOSURE:

IPE SIDING TO MATCH

ENTRY FACADE

PROPOSED AGGREGATE BUILDING HEIGHT
33' - 9".
60 MAX REQ. AGGREGATE BUILDING HEIGHT
35' - 0"

TRU EXTERIOR
'WOOD' SIDING

NEW 'VERTICAL'WINDOWS ATKITCHEN BUMP-OUT

NEW SLIDER

AT LOWER
LEVEL
BED
WINDOW
27'
-
0" PROPOSED & REQ
. BLDG. HEIGHT
ACCESS

DOOR TO
CRAWL
SPACE
SOLAR
PANELS
ScaleDate
DrawnJob

ARCH - CONST - DEVELOP
500 OAKSHIRE PLACE
ALAMO, CA 94507
925-322-1422
SHEET
1/4" = 1'-0"
5/15/2026 3:25:44 PM
A2.1

EAST & WEST ELEVATIONS
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
1/4" = 1'-0" 1 East Elevation
1/4" = 1'-0" 2 West Elevation
Revision Schedule
Revision
Number Revision Description
Revision
Date
3 As Built Revision 4/22/2026
Item J.1
Packet Page 264
T.O Parapet
1035' - 10"
Upper Level
1023' - 10"

DARK GREYS

FRONT DOOR

W/ SIDE LIGHT

CEMENT BOARD
PANELS: SWISS PEARL
PANELS OR SYM;

DARK GREY
0' - 0"
SMOOTH STUCCO:

COLOR: CLASSIC GREY
3/8" STUCCO
REVEAL

CEMENT BOARD
PANELS AT SUNSHADE:

SWISS PEARL
PANELS OR SYM;

DARK GREY
SMOOTH STUCCO:

COLOR: CLASSIC GREY
SMOOTH STUCCO:

COLOR: CLASSIC GREY

CABLE RAILING

AT MAIN DECK

DRIVEWAY CURB
CONCRETE DRIVEWAYOVER COMPACTEDBACKFILL AND A.B;SEE S.S.D

SOLAR PANELS

AT GARAGE ROOF NEWTECH WOOD SIDING

ELECMETER

KEUKA STUDIOS CABLE RAILING

ILLUMINATED

ADDRESS

NUMBERS
(4" MIN)

TILEWALL
SCONCE
CHANGE WINDOWTO 2 - VERTICAL AT]BUMP-OUT AT KITCH.

GAS
METER
T.O Parapet
1035' - 10"
Upper Level
1023' - 10"
Lower Level
1013' - 10"

DARK ANNODIZED

CURTAIN WALL

WINDOW AT

STAIR/ENTRY

SWISS PEARL
& DARK STUCCO

PRODEMA OR

PARKLEX WOOD

PANELING

SWISS PEARL AT

SUNSHDAE
SMOOTH STUCC;COLOR: CLASSICGREY; W/ 3/8"STUCCO REVEALS
2X12 SHIPLAP
SIDING, TRUEXTERIOR
SIDING

PAINTED BLACK
OR SYM.

CONCRETE

DRIVEWAY
WALL
2X12 SHIPLAPSIDING, TRUEXTERIOR SIDINGPAINTED BLACKOR SYM.

SMOOTH STUCC;
COLOR: CLASSIC
GREY; W/ 3/8"

STUCCO REVEALS
SHEETMETALDOWNSPOUT;PAINTED GREY(MATCH PANEL)

SOLAR PANEL

AT GARAGE ROOF
PROPOSED AG. BUILDING HEIGHT AT DINNING ROOM
34' - 4"

NEW WINDOWS

AT BASEMENT/

FUTURE ADU

SMOOTH STUCCO
COLOR: CLASSIC
GREY
3' X 3'
GARAGE
WINDOW
3' X 3'
GARAGE
WINDOW

MASTERSLIDER

MASTERBATHWINDOWS
3' - 0"
ADD
BATH
WINDOW
ScaleDate
DrawnJob

ARCH - CONST - DEVELOP
500 OAKSHIRE PLACE
ALAMO, CA 94507
925-322-1422
SHEET
1/4" = 1'-0"
5/15/2026 3:25:47 PM
A2.2

NORTH & SOUTH ELEVATIONS
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
1/4" = 1'-0" 2 North Elevation
1/4" = 1'-0" 1 South Elevation
Revision Schedule
Revision
Number Revision Description
Revision
Date
3 As Built Revision 4/22/2026
Item J.1
Packet Page 265
T.O Parapet
1035' - 10"
Upper Level
1023' - 10"
Lower Level
1013' - 10"
ISLAND

KITCHEN

MAIN DECK CABLE

RAILING

CRAWL SPACE/

MECH ROOM

PLATFORM

FRONT YARD

SUNSHADE
T.O PARAPET:USE TPO CAP

PIER, TYP
GRADEBEAM,TYP.

SECTION 17.6.3 AREA: 36'- 6" x 10' - 6" = 383 SF

EXISTING
GRADE

ENGINEERED BACKFILL

AT FRONT YARD
4" PERF.DRAINPIPEAT FOOTING

WATERPROOFINGAT RETAINING WALL,PARASEAL OR SYMW/ MIRADRAIN OR SYMPROTECTIVE LAYER

WINDOWFOR FUTUREADU(EXISTING)
ACCESS
DOOR
FAU 2

CRAWLSPACE

NEWFLOOR
(EXISTING)
Upper Level
1023' - 10"
Lower Level
1013' - 10"
PIER, TYP,S.S.D
FOOTING & RETAINING WALL PER S.D

GLASS ENTRY

CURTAIN RAILING
WALL
WINDOW

AT STAIR
SHAFT

GLASSRAILING
CEMENT BOARDPANEL; SWISS PEARL

WATERPROOFMEMBRANE
1024' - 6" 1025' - 0"
1015' - 0"
14".

STAIRSHAFT
32' - 8"
9' - 8"
1036' - 10"
T.O ENTRY PARAPET

STONEVENERWALL

DROPPEDCEILING
T.O Parapet
1035' - 10"
GARAGE

GUEST SUITE

DRIVEWAY

SOLAR PANELSAT ROOF
9' - 6"
WATERPROOFMEMBRANE ATWALL; OVERLAPW/ MEMBRANEAT GARAGE SLAB 1012' - 0"
1024' - 10"
1024' - 10"
1015' - 0"

GARAGE LEVEL

SECONDARY BEDROOM LEVEL

EXISTINGGRADE
B.O FOOTING
T.O Parapet
1035' - 10"
Upper Level
1023' - 10"
Lower Level
1013' - 10"

SUNSHADE

DOUBLE SIDED

FIREPLACE
3' - 6"

CRAWLSPACE
SECTION 17.6.3 AREA: 16'- 0" x 3' - 6" = 56 SF
FIREPIT: RUN GAS

FROM KITCHEN
BATT INSULATION:SEE TITLE 24 FORADDTL. INFO.

TV
SCALE
DATE
DRAWN
JOB

ARCHITECT -

BUILDER -

DEVELOPER
500 OAKSHIRE PL.

ALAMO, CA 94596
925-322-1422
1/4" = 1'-0"
5/15/2026 3:25:49 PM
A3.0

BUILDING SECTIONS
42 CHARLES HILL
CIRCLE
5/15/2026
CP
0042

ORINDA, CA
1/4" = 1'-0" 1 Section Through Kitchen
1/4" = 1'-0" 2 Section Through Entry Stair 1/4" = 1'-0" 3 Section Through Garage 1/4" = 1'-0" 4 Section Through Dining Room
Revision Schedule
Revision
Number Revision Description
Revision
Date
3 As Built Revision 4/22/2026
Item J.1
Packet Page 266
1 RESOLUTION NO. 63-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

APPROVING DESIGN REVIEW, ELEVATED DECK PERMIT, AND EXCEPTION PERMIT APPLICATIONS (DRA-2026-009, EDP-2026-006, EXC-2026-009) AT 42 CHARLES HILL CIRCLE (APN 260-080-001)
WHEREAS, on April 22, 2026, Ed Patmont (“Applicant”) filed design review, elevated deck, and exception permit applications to legalize the modifications made from a previously approved project at 42 Charles Hill Circle, resulting in a 4,789 adjusted square-foot (5,919 gross square-foot (including proposed 730 square-foot ADU), three-story, single-family residence with an expanded elevated deck; and
WHEREAS, the City of Orinda Planning Commission, at a duly noticed public hearing on May 26, 2026, voted 3-3-1 to deny DRA-2026-009, EDP-2026-006, EXC2026-009; and WHEREAS, on June 3, 2026, Ed Patmont (“Applicant”) filed a timely appeal challenging the Orinda Planning Commission’s denial; and WHEREAS, on August 18, 2026, the City Council held a duly noticed public hearing on the appeal and, prior to making a decision, carefully considered the record, the staff report, presentations by the Applicant/Appellant, the site condition and setting of the Project, the deliberations, findings and conclusions of the Planning Commission as well as all testimony presented at the public hearing; and WHEREAS, the project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with §15301 (Existing Facilities), as the project would be an addition to an existing structure, which is identified in example (e) of the exemption in the 2026 CEQA Guidelines, and §15303 (New Construction or Conversion of Small Structures), as the project would include a second dwelling unit in a residential zone, which is identified in example (a) of the exemption in the 2026 CEQA Guidelines. Additionally, none of the exceptions to the exemptions as established in §15300.2 of the CEQA Guidelines apply to this project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt this Resolution 63-26 to approve the Design Review, Elevated Deck, and Exception Permit applications (DRA-2026-009, EDP-2026-006, EXC-2026-009), finding that the proposed development complies with the applicable standards of the Orinda Municipal Code (“OMC”) as follows:
§17.30.5 – Basic Design Review Standards
Item J.1
Packet Page 267
2 Siting and Neighborhood Context
The proposed development is designed and located on the site so that it is visually harmonious with, but not necessarily identical to, other structures in the neighborhood. The proposed development is designed to blend into the existing landscape and natural context, protect undeveloped ridgelines and hillsides, maintain the dominance of wooded and open ridges and hillsides, and preserve significant or unique scenic vistas.

The house sits along the south boundary of this irregularly shaped lot, with access to Charles Hill Circle provided by a driveway. The location of the structure maintains the visual harmony of the neighborhood by having the mass of the building located closest to Charles Hill Circle, presenting a single story, approximately 15 foot-tall, profile. The building materials are similar to the materials on surrounding properties and are in harmony with surrounding structures. The house also limited the amount of impervious surface and retaining walls necessary for construction, by positioning the house on the flattest portion of the site, with minor excavation for the foundation along the rear of the structure. The size of the subject lot is 26,000 square feet, which is on the low end for the neighborhood average of 61,262 square feet. There are three properties that are smaller in the immediate neighborhood. The legalization of modifications to the approved project would result in a 4,789 adjusted squarefoot (5,919 gross square-foot), three-story residence with approximately 18.4% FAR. The 2023 project approved a 4,356 adjusted square-feet (4,864 gross square-feet), two-story residence with approximately 16.8% FAR. The legalization of modifications to the approved project would result in the subject property having the second largest total living space, with the highest FAR for the neighborhood.

Design
The design elements are visually harmonious, in scale with the size of the structure, and balance environmental considerations. If the proposed development is an addition or remodel of an existing structure, the existing Item J.1
Packet Page 268
3 construction and proposed construction are visually harmonious. Facades and exterior walls shall be designed to reduce the blocky or massive features of building surfaces and provide articulation.

There are several types of exterior finishes to the home to provide visual interest.

Therefore, the project is visually harmonious, has been designed to reduce blocky or massive features, and provides articulation on all sides.

The majority of the massing is located at the rear of the residence. The structure is setback from the rear property line by 33’ – 9”, more than double the required rear yard setback.

The project site slopes down from Charles Hill Circle, and the house has been designed to be built into the hillside, protecting neighbors’ privacy, views, light and air.

Landscaping
Primary landscaping elements complement and are appropriate for the structure, the site, and the neighborhood.

Item J.1
Packet Page 269
4 The landscaping plan from the previously approved project has been implemented, which includes a mixture of trees, shrubs, and plants in the front yard that serve to enhance the building and screen portions of the driveway from public view. The project retained 18 existing trees throughout the property; rather than the approved 17, they also retained a large tree in the front of the property.

Orinda City CouncilAugust 18, 2026

Orinda City Council
August 18, 2026