Agenda packet — Orinda City Council, September 1, 2026

CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 01, 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
Introduction of New City Clerk, Joelle Fockler
Proclamation Recognizing September as Ovarian Cancer
Awareness Month

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Proclamation Recognizing September as Hispanic Heritage Month

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County Connection Presentation - Bill Churchill, General Manager

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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
B.

E.1
E.2
E.3
E.4
F.

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CONSENT CALENDAR
Approval of City Council Minutes Page 23
The City Council will consider approval of the Meeting Minutes of:

1. August 18, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of

1. August 18, 2026, Regular Meeting
Adopt Ordinance No. 26-08 - Municipal Code Cleanup to
Confirm First Amendment Compliance

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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:

Waive the full reading and adopt 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.

Adopt Ordinance No. 26-09 – Sidewalk Vendors Page 46
The City Council will consider adopting 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 establish 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 adopt Ordinance 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.

I.1
I.2
I.3
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Consistency with State Sidewalk Vending Law.

Professional Services Contract with LCC Engineering &
Surveying, Inc. for the Coral Drive Sidewalk Project No. 5042

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The City Council will consider approving a contract with LCC Engineering & Surveying, Inc. for surveying, engineering and professional design services for the Coral Drive Sidewalk Project (CIP No. 5042). The proposed contract amount is $89,100, plus a 20% contingency. The proposed project would complete this missing segment by providing a continuous sidewalk from Moraga Way to the southern entrance of Orinda Intermediate School, improving pedestrian connectivity and safety along the corridor. Completion of this project will not only increase the safety of OIS students but also encourage students in surrounding neighborhoods to walk to school.

RECOMMENDATION:

Adopt Resolution 68-26 Approving a Professional Services Contract with LCC Engineering & Surveying, Inc. for the Coral Drive Sidewalk Project (CIP No. 5042).

Temporary Full Road Closure of La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way for EBMUD La Cresta Cluster Water Main Replacement Project

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The City Council will consider approving Resolution 69-26 (Traffic Order #245) Authorizing the Temporary Full Closure of La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way.

RECOMMENDATION:

Adopt Resolution 69-26 (Traffic Order #245) Authorizing the Temporary Full Closure of La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way.

PUBLIC HEARING
2026 Annual Development Agreement Compliance Review for the Wilder Project

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J.1
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and has failed to meet its obligations under resources agency permits as detailed in recent letters from the California Department of Fish and Wildlife (“CDFW”). OGLLC must obtain the required insurance as soon as possible, but no later than October 1, 2026. Additionally, OGLLC must keep the City apprised of its work to comply with the requirements described in the letters from CDFW.

RECOMMENDATION:

Adopt Resolution No. 65-26 finding, based on all of the evidence set forth below and presented at the hearing, that OGLLC has not complied in good faith with the Development Agreement and related approvals.

POLICY MATTERS
Purchasing Agent Authority for Contracts and Purchases Page 177 The City Council will discuss possible updates to Chapter 2.55 of the Municipal Code. Specifically, they will discuss Staff proposed updates to clarify how purchasing thresholds apply to related expenditures and multi-year agreements and to better define the respective contracting authority of the City Council and City Manager. The proposed changes would establish an annual purchasing threshold, expand the types of purchases subject to the City Manager’s authority, and increase the City Manager’s purchasing authority from $60,000 to $75,000.

RECOMMENDATION:

Review and discuss the proposed changes clarifying contracting requirements and increasing the City Manager’s purchasing authority from $60,000 to $75,000.

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 K.

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L.

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

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Item E.2
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Item E.3
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City of Orinda
SEPTEMBER 2026
Item E.4
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CITY OF ORINDA
Community Update
◦ PAST
◦ Joint Powers Authority
◦ Ridership & Routes Serving Orinda
◦ PRESENT
◦ Youth Ride Free
◦ Evacuation Routes
◦ FUTURE
◦ Project Partnership
◦ Connect Bay Area Act (SB 63)
◦ Transit Expenditure Plan Development
2 Item E.4
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CITY OF ORINDA
An Extension of One
Another
3 Joint Powers Agreement
The cities handle the infrastructure,
County Connection provides the
service.

Vision and opportunity to amplify
and multiply each other’s impact
Item E.4
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4 System
Ridership
Weekday
81%
vs Pre-Covid
Saturday
118%
vs Pre-Covid
Sunday
129%
vs Pre-Covid
Weekday
Ridership Down
Weekend
Ridership Up
Investments in
School/Youth
Ridership

CITY OF ORINDA
Item E.4
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CITY OF ORINDA 5
Item E.4
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6 Fixed Route Ridership in Orinda
FY 25/26
91,551
Route 6
73,038 6,028 10,571
Route 606 Route 625 Route 626
Miramonte/Orinda
Intermediate
Acalanes High Stanley Middle/St. Mary’s

CITY OF ORINDA
Item E.4
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7 Orinda Impact - Daily

CITY OF ORINDA
700 Cars Trips Avoided

3.25 Metric Tons of CO2 Avoided
Item E.4
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CITY OF ORINDA 8
Paratransit Service
in Orinda
Support of Lamorinda SPIRIT
8,430 Paratransit Trips
- 5,899 LINK
- 2,531 One-Seat Ride
Item E.4
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CITY OF ORINDA 9
Present Topics
Youth Ride Free Emergency Preparedness
Item E.4
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CITY OF ORINDA 10
Youth Ride Free Pilot
FY 2025
>25,000 More Youth Rides and
1,600% increase
compared to FY 24 summer youth programs
June 2026
13,422 Youth Rides and

15.6% increase
Compared to June 2025
Item E.4
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CITY OF ORINDA 11
Emergency Preparedness
◦ County Emergency Operations Center
◦ Support and Collaboration - Orinda
◦ Sleepy Hollow School Planning (Summer ‘25)
◦ Route Viability, Quick Response Buses
◦ BART Bus Bridges
◦ Fuel Tanks – Emergency Fuel Storage
◦ Largest Supply of Diesel in County
Item E.4
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CITY OF ORINDA 12
Project Partnership
◦ Think of County Connection as another City Dept.
◦ Reach out early in the process to collaborate on:
◦ Grants
◦ Project Referrals
◦ Roadway Projects
◦ Lane Widths/Turning Radiuses – Common Issues
◦ “Lines on paper are cheaper to fix than concrete.”
◦ Email: [email protected].
◦ Route 6 Currently Does Not Meet the Frequency
for State Upzoning Laws (15 mins or better)
Item E.4
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CITY OF ORINDA 13
Connect Bay Area Act
◦ A Regional Transportation Ballot Measure to
reimagine and reinvest in a system that serves
today’s riders and inspires the next generation.
◦ Potential to avoid fiscal cliff for BART, AC Transit, Muni, Caltrain, and East Bay Bus Operators
◦ Why does it matter?
◦ Preserves service provided to Orinda
AND
◦ Potential for largest new funding source for County
Connection in 30 Years, preserving existing service
Item E.4
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Thank You! [email protected]
countyconnection.com
CITY OF ORINDA 14
Item E.4
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: September 1, 2026
SUBJECT:

Approval of City Council Minutes
EXECUTIVE SUMMARY:

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

1. August 18, 2026, Regular Meeting
RECOMMENDATION:

Approve City Council Minutes of

1. August 18, 2026, Regular Meeting
STRATEGIC PLAN INITIATIVE:

Not applicable.

ATTACHMENTS:

A. City Council Minutes of August 18, 2026, Regular Meeting

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

Linda Smith, City Manager
Item I.1
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Orinda City Council Minutes Page 1 of 15 07.21.26
AUGUST 18, 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 7:13 p.m.

COUNCILMEMBERS PRESENT: Cara Hoxie, Latika Malkani, Janet Riley Mayor Brandyn Iverson, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None.

B. PLEDGE OF ALLEGIANCE – Led by Mayor Iverson.

C. CLOSED SESSION REPORT (when applicable)
D. 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.

E. ITEMS FOR THE GOOD OF THE CITY – None.

F. PUBLIC FORUM
Nick Waranoff said he submitted a written letter regarding his request for a Matter Initiated later in the agenda and he will speak at that time.

Michelle Hendrickson, Market Manager, Orinda Farmers’ Market, highlighted the market’s participation in CalFresh/SNAP, WIC, Market Match, and the Farmers’ Market Nutrition Program (FMNP). She emphasized the Seniors Farmers’ Market Nutrition Program (SFMNP), a USDA program supporting lower-income seniors in purchasing locally grown fruits and vegetables. This year, the market became the only SFMNP enrollment site in the Lamorinda area.

Item I.1
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Orinda City Council Minutes Page 2 of 15 07.21.26
She said the program operates from May through November. All 20 benefit cards provided to the market by the County were distributed and activated within two hours on July 18, demonstrating strong demand. She expressed pride in the market’s role as a community resource and gathering place, connecting residents with fresh food, local resources, and community support, and thanked the Council for its support.

Reed Robertson raised concerns about California’s worsening insurance crisis, citing a reported 29% premium increase expected in October and a significant gap between insurers’ assets and potential exposure. He noted that non-admitted surplus-line insurers are increasingly filling coverage gaps but are subject to less state regulation, creating additional financial risks.

He warned that a catastrophic wildfire could further destabilize the market and potentially require government intervention. In response to the Council’s request for a Call to Action, he recommended engaging Assemblymember Bauer-Kahan and Senator Grayson, while expressing limited confidence in current efforts. He also called for repeal of Proposition 103 and criticized the California Department of Insurance, citing regulatory shortcomings as contributing to the crisis.

G. COUNCIL REPORTS
Councilmember Riley reported on the Art in Public Places Committee (APPC), which selected Richard Westin to serve on the new Transportation Art Project Selection Committee. The committee will select artwork for the area beneath the overpass or on the pedestrian bridge.

The APPC also discussed adding public art to Crossroads Plaza, including a possible piece within the fountain. The Plaza has been well received by the community. Mayor Iverson noted that a permanent sculpture had previously been considered for City-owned property at the Plaza but was deemed infeasible at the time. She expressed enthusiasm about revisiting the opportunity.

Councilmember Malkani reported on the Infrastructure Subcommittee meeting, which included a presentation from NBS on funding options for roads and assessment districts.

The subcommittee remains in the information-gathering phase and reviewed options for roads and drainage, along with an update on the storm drain mapping project.

Vice Mayor Gee noted that the contracted storm drain mapping work is complete and has provided the City with improved GIS information regarding public and private drainage and remaining issues. The subcommittee also discussed future recommendations and funding options and provided feedback to staff. Mayor Iverson thanked the subcommittee and staff for their extensive work.

Councilmember Malkani also recognized Chief Rossi and the Police Department for a successful National Night Out event.

Item I.1
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Orinda City Council Minutes Page 3 of 15 07.21.26
Councilmember Hoxie reported on the Downtown Revitalization Subcommittee, including updates on the farmers’ market, library terraces, public-space activation, Thursday Night Outs, Concerts in the Park, and Food Trucks. Mayor Iverson added that the committee discussed activating underutilized civic spaces. She also reported on the TSAC meeting, which focused on bike and trail planning, public outreach, Complete Streets, and specific street concerns.

Councilmember Malkani reported on the July 27th 2x2 meeting, including focus-group results, which indicated the City is reaching residents but needs to improve engagement with parents. The committee also discussed evolving Board of Forestry Zone Zero regulations and their potential impacts.

She said the Chipper Program is progressing well, with improved coordination between the City and MOFD. Updates were provided on incentive programs, the City’s emergency operations tabletop exercise, community-partner communications, and public education efforts.

Mayor Iverson reported on a 50th anniversary celebration at Orinda Books on Saturday at 1:00 p.m. and that the Chamber of Commerce is having an ice cream social on Thursday at 1 p.m.

She thanked the subcommittees and staff for their work and information-sharing before turning to the City Manager for upcoming event announcements.

H. CITY MANAGER’S REPORT
City Manager Smith gave the following report:
• Next week, a 2x2 meeting with the school district will be held on Wednesday night. • In a couple of meetings, the City will be celebrating the retirement of Sheri Smith and they put out a press release announcing her retirement and asked people to join them on September 15th to celebrate her at her final meeting. • Orindans are back to school and staff have been trying to put out information regarding changes around Ivy Drive and circulation changes people are experiencing.
• At the SSTOC meeting last week a new Ad-hoc committee was formed to look at the public facing portal for Ladris and ways they can improve that. • The movie Despicable Me is coming to the park on Thursday evening. • The goats are hard at work at Orinda Oaks. They had a small incident where a cow decided to come over from Mulholland Ridge and join the goats, so they had to find the cowboy to come and get his cow.
• Staff also put a post out today about Mack, the dog herding the goats. People are very interested in chatting with Mack and their dogs, but he believes all dogs are coyotes so it is best to give space with Mack as he herds the goats. A message was sent out to the community about that.

Item I.1
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Orinda City Council Minutes Page 4 of 15 07.21.26
• Staff held How Orinda Works (HOW) and herself, the Mayor and City Clerk kicked it off with Local Governance Night and put participants through a policy exercise, with interesting results. They asked them to provide feedback on whether they would prefer the community looking at wider sidewalks or preserving downtown parking. They got a mix of ideas but now they realize this is a good focus group for them and will use that as part of their on-going efforts to educate the community about HOW. This week is Public Safety and Police and MOFD hosted over at the MOFD Fire Station in Orinda.

Mayor Iverson opened the public comment period.

Nick Waranoff renewed his request for the City to review its position regarding maintenance responsibility for storm drains on private property, an issue he said has been debated since 2019. Drawing on his 39 years of real estate law experience, Waranoff stated that the City’s current position unfairly places responsibility on private property owners for drains that carry stormwater from one City street across or beneath private property to another City street or culvert.

He argued that, where the City has acquired an easement by prescription, California law places the maintenance obligation on the holder of the easement. He also cited prior litigation involving the issue, including a case in which the City lost, and requested that the City retain an independent attorney to review the matter and provide legal advice.

I. CONSENT CALENDAR
Mayor Iverson said the Council received a written request to pull Item I.12 from the Consent Calendar. She asked if Councilmembers or the public wished to remove any other items. There were no other requested items to be pulled and no public comments.

I.1 Approval of City Council Minutes
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
I.2 Amendments to the City’s Conflict of Interest Code
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.

Item I.1
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Orinda City Council Minutes Page 5 of 15 07.21.26
I.3 Accept Work and Contract with Allied Construction Services for the Library Roof Replacement Project, CIP #4173
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).

I.4 Accept Work and Contract with Musco Sports Lighting, LLC for the Wilder Fields Sports Lighting LED Retrofit Project, CIP No. 4195
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
I.5 Ordinance No. 26-07 – Pilot Facade Improvement Program Streamlining 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.

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.

I.6 Ordinance 26-08 Municipal Code Cleanup to Confirm First Amendment Compliance
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.

Item I.1
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Orinda City Council Minutes Page 6 of 15 07.21.26
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.

I.7 Ordinance 26-09 - Development of Sidewalk Vendors Regulations 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.

I.8 Orinda Way Road Closure for 22nd Annual Car Show - Traffic Order 244 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).

I.9 Approve On-Call Drainage Facilities Services Contracts with Cowan & Thompson Construction, Inc., Miksis Services, Inc., FJ&I Engineering, Inc. and Presidio Systems, Inc.

Item I.1
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Orinda City Council Minutes Page 7 of 15 07.21.26
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.

I.10 Lease Agreements with the Orinda Association and the Orinda Historical Society
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.

I.11 Establishing Property Tax Rates for the General Obligation Bond Series 2014 and Series 2016 for Fiscal Year 2026-27
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:

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.

MOTION by Councilmember Hoxie moved, and seconded by Councilmember Riley to approve Consent Calendar Items I.1, I.2, I.3, I.4, I.5, I.6, I.7, I.8, I.9, I.10, and I.11. Said motion carried by unanimous (5-0) roll call vote.

Item Removed from the Consent Calendar:

I.12 Contract with Fire Safe Moraga Orinda for the Administration and Implementation of Incentives and Outreach Programs
Item I.1
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Orinda City Council Minutes Page 8 of 15 07.21.26
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.

Senior Management Analyst Micki Cronin gave the staff report and overview of the Council’s consideration of a one-year agreement with Fire Safe Moraga Orinda (FSMO) for the administration of wildfire fuels reduction program and support for community outreach and education. One program is the incentive program that the City has been offering, and FSMO has been offering a neighborhood-based program. Together, they are recommending community outreach and education. She described key points of the agreement, deliverables, funding, and administration.

Mayor Iverson opened the public comment period.

Nick Waranoff stated that the item involves more than the FSMO contract, noting that significant changes to the incentive program were included in the contract exhibit but were not reviewed by the SSTOC. He raised concerns about a proposed six-month reimbursement deadline, which could make eligible work completed between January 1 and February 18 ineligible. He also noted that requiring claims within the same calendar year is a new restriction, as applicants previously could submit January claims for work completed the prior year.

He argued that these changes are inconsistent with the program’s goal of incentivizing property improvements and noted that the reimbursement form does not reflect the increased incentive amount. He requested that the Council return the item to staff to refine the contract and consider his proposed changes, including clearer transition of program administration between City staff and FSMO.

Councilmember Hoxie agreed that Mr. Waranoff raised valid concerns and supported extending the reimbursement filing period from six to 12 months. She also supported transferring program administration to FSMO to reduce staff workload but recommended further contract review.

City Manager Smith said staff supported extending the filing period to 12 months. She explained that the proposed changes were intended to reduce administrative workload associated with processing multiple reimbursement requests and reviewing receipts for the same project.

Councilmember Riley supported allowing one reimbursement request per year, enabling applicants to accumulate eligible work and receipts. City Manager Smith confirmed this was staff’s intent and could be implemented with a 12-month filing period.

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Councilmember Riley asked whether work requires pre-approval and who determines eligibility. Ms. Cronin explained that homeowners generally complete the work independently, with the application outlining eligible improvements. She noted that most applications meet the program criteria.

Councilmember Malkani supported extending the period to 12 months for greater clarity.

Ms. Cronin noted that most applications are submitted within one to three months of completing the work and that a longer filing period should not create issues.

The Council discussed whether the period should be based on a calendar year or a rolling 12-month period. Vice Mayor Gee asked whether receipts from the prior year could be included. City Manager Smith confirmed that a 12-month lookback would allow this and said she considered it reasonable.

MOTION by Councilmember Malkani moved, and seconded by Councilmember Riley to adopt Resolution 64-26, as amended changing the 6-month period to a 12-month lookback period, approving a General Services Contract with Fire Safe Moraga Orinda for the Administration and Implementation of Incentives and Outreach Programs. Said motion carried by unanimous (5-0) roll call vote.

J. PUBLIC HEARING
J.1 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.

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 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.

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City Attorney Osa Wolff described public hearing process relating to appeals, as follows:

Councilmembers disclose ex-parte communications they had, then a staff presentation, questions from the Council, applicant presentation of 15 minutes, questions of the applicant, public comments, questions by the Council, rebuttal by the applicant, closure of the public hearing and deliberation by the Council.

Mayor Iverson and all Councilmembers had no ex-parte communications.

Associate Planner Celina Palmer gave the staff report, PowerPoint presentation, and overview regarding the 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 singlefamily 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 approval to the City Council.

Ms. Palmer described the parcel’s zoning, adjacent residential properties, the previously approved project that did not match the approved plans, the applicant’s application for modifications which resulted in a tie vote by the PC which is treated as a denial, and the applicant appealed the PC’s decision on June 3, 2026. Ms. Palmer then described each modification, how they trigger each permit and relate to the City’s standards and regulations, how they compare to the 2023 project, and the project’s triggering of special design review and other permits.

Staff received one late correspondence in opposition which is included in attachments.

The applicant provided a response to the neighbor. Staff also received two comments prior to the meeting; one from the neighboring property owner expressing concerns regarding added doors facing their property and they also mentioned the applicant is working with them to construct a privacy fence. They also mentioned boundary line tree disputes which would be a civil issue. The second comment relates to establishing policies for penalties for projects not in compliance with approvals. However, the City’s current policy is to bring projects into compliance.

Staff recommends the City Council 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.

Mayor Iverson asked whether the County had reviewed and permitted the various changes to windows, doors, and materials and whether City staff had observed them.

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Planning Director Lashun Cross explained that, after the discrepancies were brought to the County’s attention, the lead inspector conducted a reinspection of the framing and required corrective measures for all modifications, including additional interior changes.

The County reviews plans and conducts inspections during framing and at final stages.

Although the framing had passed in October 2025, the County issued a corrective notice and inspection after learning that the construction did not match the approved plans.

Mayor Iverson asked about approximately 300 square feet of additional area beyond the ADU conversion. Ms. Palmer explained that most of the increase resulted from the area above the stairs, which exceeds 17 feet in height and is counted as double-height space, accounting for approximately 433 square feet.

Mayor Iverson also questioned how staff could support the required finding regarding increased nonconformity, particularly because the project changed from two stories to three. Ms. Palmer explained that the 2023 approval included two stories, a crawl space, and a mechanical platform. The revised project adds a third story without increasing the overall height because the floor areas were vertically reconfigured. She stated that the third story does not add height or materially affect the structure, leaving the building shell unchanged.

Councilmember Hoxie asked whether adding the third story increased the project’s total FAR or whether the increase resulted solely from the 17-foot double-height area. Ms.

Palmer explained that the third story did not increase FAR, which is calculated using adjusted floor area divided by net parcel size. The proposed 730-square-foot ADU is excluded from adjusted floor area and calculated separately.

Councilmember Hoxie asked whether the applicant had complied with the County’s corrective measures. Ms. Palmer explained that the applicant must obtain an approved building permit reflecting the changes, with City approval required before the County can issue the permit. Because the changes involve discretionary approvals, the City cannot sign off until the Council acts, which prompted the hearing.

Director Cross confirmed that the applicant revised the plans to address the County’s inspection findings, and the County is prepared to issue the permit pending the Council’s decision.

Councilmember Hoxie noted that the applicant appeared responsive to the corrective measures and that some changes resulted from the County’s framing inspection. Director Cross confirmed that the inspection identified interior, exterior, and structural modifications that needed to be reflected accurately in the plans. She noted that the structure is already built, but the records must accurately reflect the existing construction and receive the required approvals.

When asked whether the applicant reasonably could have believed the County had approved the changes, Director Cross deferred to the applicant but said she believed the applicant understood that the County had approved them.

Councilmember Malkani noted that the ADU addition changed the structure from two to three stories, requiring an exception permit. She asked why the third story should not qualify for an exception given that it is largely below grade.

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Ms. Palmer explained that approval depends on whether the project meets the required exception permit findings. If the Council determines that all findings are satisfied, the exception may be approved.

Mayor Iverson called on the applicant for a presentation.

Ed Patmont, Applicant, stated that he and his wife own, designed, and built 42 Charles Hill Circle. A licensed architect and home builder for 40 years, he has constructed more than 70 custom homes in the East Bay, including four in Orinda, specializing in steep hillside properties.

He asked the Council to approve changes made to the previously approved plans, stating that the changes improved the original design. He acknowledged that he should have sought approval sooner and apologized, explaining that the original planner had approved an earlier set of changes before leaving the City. He had assumed the remaining changes could be addressed at the end of construction, as had occurred on prior projects.

Mr. Patmont then addressed the building’s height and design, noting that the roof remains at the approved elevation and the structure complies with the 35-foot height limit. The home is built into the hillside, with the garage below street level and an overhang designed to soften the downhill elevation. He said the deck was extended at the Fire Marshal’s recommendation to provide a front-yard exit and increase separation from neighboring properties in the event of wildfire embers.

Regarding the potential ADU, Patmont said no ADU permit has been requested and that the space could instead be used for another purpose, such as a gym. He noted that part of the original design already included a three-story area identified as a mechanical platform and that more than 90% of the structure would remain two stories even if an ADU were eventually added.

He said window changes were made to improve views and acknowledged that some changes should have been brought to the City for approval. He apologized for the oversight. He also described privacy measures, including planting 12 oak trees, adding a privacy fence, and orienting the building away from neighboring properties. He confirmed that he and his neighbor jointly own the Bay tree and that he would not remove it.

He then addressed letters of concern from neighbors, noting that one was from a resident approximately half a mile away and another was submitted shortly before the Planning Commission meeting, leaving him no opportunity to respond.

In conclusion, he emphasized his 40 years of professional experience, noting that the home was designed in 2022 and approved in 2023. He asked the Council to approve the changes so the project could be resolved and he could proceed with a pending sale.

Councilmember Hoxie asked whether the lower level could be accessed from inside the home or only from outside. Mr. Patmont explained that the lower level is accessible only from the exterior. He said the 730-square-foot area could potentially be converted to an ADU, but access from the other side would require significant excavation and is not physically feasible.

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

Rebuttal – Applicant
Mr. Patmont waived his rebuttal period.

There were no further questions from Councilmembers, and Mayor Iverson turned to discussion and a decision by the Council.

Councilmember Hoxie said the changes, particularly the building’s height, appearance, and overall design, appear to be improvements. She noted that the third story is currently unused space that could potentially become an ADU and characterized the changes as relatively minor. Given the County’s willingness to proceed with the corrections, she expressed support for approval.

Vice Mayor Gee described the home as well-designed and said the issues appeared to stem from process and communication challenges. She appreciated the applicant acknowledging his role in the situation and noted that others also contributed. She found no apparent violations of City standards, said the home does not negatively affect neighboring properties’ use, privacy, or views, and she supported approval.

Councilmember Malkani said the process had shortcomings and expressed hope the City could learn from them, particularly regarding coordination with the County. She believed the project met the applicable standards and supported the design changes and approval.

Councilmember Riley echoed these comments, expressed regret over the process issues, recognized the applicant for taking responsibility, and supported approval.

Mayor Iverson said the Council had not extensively discussed whether the lower level would be used for storage or an ADU. She noted that an ADU would be ministerially approved and would not normally require Council review. Her concern was that approving unpermitted changes could create a precedent that encourages applicants to seek forgiveness rather than permission. She referenced similar situations involving work, such as tree removal, occurring before permits are obtained. She appreciated the Planning Commission’s careful consideration of this issue and emphasized the importance of maintaining a culture of compliance and proper permitting, and also voiced support for approval.

MOTION by Councilmember Hoxie, and seconded by Vice Mayor Gee to 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. Said motion carried by unanimous (5-0) roll call vote.

K. POLICY MATTERS
Item I.1
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K.1 Designation of Voting Delegate and Alternate at the League of California Cities Annual Conference
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.

City Manager Smith stated she and Councilmember Malkani are attending the conference and she suggested the Council designate Councilmember Malkani to serve as the Voting Delegate and that she serve as the Alternate, noting the Council can make an appointed official an Alternate.

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

MOTION by Mayor Iverson, and seconded by Councilmember Hoxie to designate Councilmember Malkani as the Voting Delegate and City Manager Smith as the Alternate for the League of California Cities Annual Business Meeting at the September 23-25, 2026 League Annual Conference – Anaheim Convention Center.

Said motion carried by unanimous (5-0) roll call vote.

K.2 Selection of Two Councilmembers as Labor Negotiators for Position of City Manager
City Manager Smith noted that last year the Labor Negotiators were Vice Mayor Gee and Councilmember Riley.

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

Councilmember Malkani volunteered to serve. Councilmember Riley also expressed willingness to serve, while Vice Mayor Gee indicated she was comfortable not participating.

MOTION by Mayor Iverson, and seconded by Councilmember Hoxie to select Councilmembers Riley and Malkani as the City’s two labor negotiators for the position of City Manager. Said motion carried by unanimous (5-0) roll call vote.

L. MATTERS INITIATED
Mayor Iverson opened the Public Forum.

Nick Waranoff stated that he submitted a detailed email requesting that the Council initiate a matter tonight for consideration at its September 1 meeting. He asked the Council to authorize the Mayor to send a letter to the Contra Costa County Board of Supervisors, or District Representative and current Board Chair Candace Andersen, regarding County policy on cooperation with Immigration and Customs Enforcement (ICE).

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He noted that the County currently follows applicable State law, including SB 54, which limits local cooperation with ICE. He expressed concern that a policy of zero cooperation could result in violent offenders being released into the community. He cited a recent case in which a repeat offender was released and allegedly killed a retired resident during a subsequent burglary. He requested that the Council’s letter urge the County to continue following State law and allow the limited cooperation with ICE permitted under current legislation.

Mayor Iverson asked whether Supervisor Andersen had taken a position. Mr. Waranoff said the issue had previously been raised with her, and she indicated that she believed state law struck the right balance. He offered to provide the link to her comments and said her position appeared consistent with his own.

Mayor Iverson asked and confirmed the Council had no Matters Initiated.

M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:57 p.m. to the next Regular City Council Meeting on Tuesday, September 1, 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: September 1, 2026
SUBJECT:

Adopt Ordinance No. 20-08 - Municipal Code Cleanup to Confirm First Amendment Compliance.

EXECUTIVE SUMMARY:

The City Council will consider adoption of an ordinance 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:

At the City Council Meeting of August 18, 2026, the City Council introduced Ordinance 26-08, an ordinance 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.

DISCUSSION:

Ordinance 26-08 was introduced at that meeting without changes and is on this agenda to consider its adoption.

FISCAL IMPACT:

Item I.2
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None.

STRATEGIC PLAN INITIATIVE:

Not Applicable.

ATTACHMENTS:

A. Ordinance 26-08
WEBLINK:

A. Staff Report from City Council Meeting of August 18, 2026 Respectfully Submitted by,
Sheri Smith, City Clerk
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.

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 (“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 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.

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.2
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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.2
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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: September 1, 2026
SUBJECT:

Adopt Ordinance No. 20-09 – Sidewalk Vendors
EXECUTIVE SUMMARY:

The City Council will consider adopting 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 establish objective standards for where and how vending may occur, with an emphasis on safety, accessibility, and compatibility with surrounding uses.

RECOMMENDATION:

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

BACKGROUND:

At the City Council Meeting of August 18, 2026, the City Council introduced 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 Deleting Chapter

8.08 (Public Health Licenses and Fees) for Consistency with State Sidewalk Vending Law.

DISCUSSION:

Ordinance 26-09 was introduced at that meeting without changes and is on this agenda to consider its adoption.

FISCAL IMPACT:

None.

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STRATEGIC PLAN INITIATIVE:

Not Applicable.

ATTACHMENTS:

A. Ordinance 26-09
WEBLINK:

A. Staff Report from City Council Meeting of August 18, 2026 Respectfully Submitted by,
Sheri Smith, City Clerk
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.

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.3
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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;
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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;

18.Scrap and waste materials. Businesses primarily engaged in assembling, breaking up, sorting and wholesale distribution of scrap and waste Item I.3
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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.3
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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.3
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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: September 1, 2026
SUBJECT:

Professional Services Contract with LCC Engineering & Surveying, Inc. for the Coral Drive Sidewalk Project No. 5042
EXECUTIVE SUMMARY:

RECOMMENDATION:

Adopt Resolution 68-26 Approving a Professional Services Contract with LCC Engineering & Surveying, Inc. for the Coral Drive Sidewalk Project (CIP No. 5042).

BACKGROUND:

In 2016, the City completed a sidewalk improvement project along Coral Drive between Ardith Drive and Eastwood Drive. However, a gap in the sidewalk network still exists on Coral Drive between Moraga Way and Ardith Drive. Students and parents regularly walk from the Ivy Drive neighborhood to Del Rey Elementary School and Miramonte High School, as well as from surrounding neighborhoods to Orinda Intermediate School (OIS).

The proposed project would complete this missing segment by providing a continuous sidewalk from Moraga Way to the southern entrance of Orinda Intermediate School.

DISCUSSION:

The City issued a Request for Proposals (RFP) for the Coral Drive Sidewalk Project No. 5042 on May 19, 2026. On June 24, 2026, the City received seven proposals in response Item I.4
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to the RFP. The following firms submitted proposals:
• Sandis Civil Engineers Surveyors Planners, Oakland, CA 94607 • Upright Engineering, Lafayette, CA 94549
• WHB Engineers, San Mateo, CA 94403
• LCC Engineering & Surveying, Inc., Martinez, CA 94553 • Aliquot Associates, Inc., Walnut Creek, CA 94596
• Sanbell, Concord, CA, 94520
• Westwood, Modesto, CA 95350
• Harris and Associates, Concord, CA 94520
Staff reviewed the proposals in accordance with qualifications-based selection requirements (State Government Code 4526).

Based on the evaluation of written proposal, LCC Engineering & Surveying, Inc. demonstrated their experience with designing similar sidewalk projects, including project management, public outreach, survey, and detailed design documents for competitive bidding. LCC Engineering & Surveying, Inc. was ranked as the most qualified consultant and received the highest overall score.

Staff unsealed LCC Engineering & Surveying, Inc.’s cost proposal and based on the scope and hours estimate in each task, determined that the total estimated fees of $89,100 is reasonable and appropriate for the scope of services to be provided. As with other professional services contracts, billing is based on time and materials actually expended. It is also recommended to allow for a contingency of $18,000 (approximately 20%) for potential scope of work changes.

The objective of the Coral Drive Sidewalk Project No. 5042 is to provide a continuous sidewalk from Moraga Way to the southern entrance of Orinda Intermediate School, removing the gap in the sidewalk network on Coral Drive between Moraga Way and Ardith Drive, improving pedestrian connectivity and safety along the corridor.

LCC Engineering & Surveying, Inc. will provide professional engineering services necessary to design and construct the Coral Drive Sidewalk Improvements project. The services to be performed by the consultant include, but are not limited to, the following:

1. Establish and maintain a project schedule for consultant work to meet City project schedule. Provide regular progress updates and identify critical path items for a timely project delivery.

2. Field Investigation and Research. The consultant will perform a site review; field survey existing improvements, utilities, right of way limits, and adjacent grading.

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3. Prepare base mapping and topographic survey for the preparation of construction plans and details. Survey should include sufficient detail for designing transitions into private property.

4. Design necessary civil improvements including but not limited to sidewalk alignments, driveway conforms, minor retaining curbs, and ADA compliant sidewalk and curb ramps.

5. Prepare design drawings, specifications, and estimates at the 35%, 65%, 95%, and biddable construction documents. The final design shall incorporate all comments made in the Final submittal review. Plans shall be prepared at appropriate scale on 22" x 34" plan sheets.

6. Identify any necessary right of way acquisitions, permanent easements, or temporary construction easements to construct the project. Prepare clear visual exhibits and property-specific layouts detailing where private property will be impacted by grading, conform work, or proposed improvements.

7. Assist City staff with public outreach efforts to engage adjacent property owners on Coral Drive. Participate in up to two (2) public community meetings to present design concepts, address property owner concerns, and support City staff.

8. Attend a minimum of four (4) meetings with City staff to discuss the design scope, review comments, and coordination issues meetings during construction. Prepare brief meeting minutes to confirm decisions made and action items.

9. Notify and coordinate review with utility companies. Arrange any relocations or adjustments necessary to construct the project.

10.Provide assistance to the City as necessary during bidding and construction, including attending pre-bid, pre-construction, and final walk-through meetings, responding to Requests for Information (RFIs), preparing addendums, and contract change orders as requested.

Deliverables will include:

1. Plan sheets including, but are not limited to:

Title sheet, Index Map, and Vicinity Map, Plan views and Details, Profiles and Sections, Utility Information

2. Specifications shall be in Microsoft Word and PDF formats (final submittal– stamped and signed by registered civil engineer) and shall include:
a. “Front End” documents to be provided by the City
b. Special Provisions prepared using Caltrans 2018 Standard Specification format
c. Technical Specifications to be customized by the consultant d. Notice to Bidder and Project description
e. Bid sheet

3. Engineer’s estimate

4. Right of Entry Agreements with property owners for temporary construction access.

5. Complete as-built changes per the contractor/CM and submit to the City all project files including plans and specifications. CAD files, spreadsheet files, or other technical information to become the property of the City upon completion of the work.

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The recommended consultant, LCC Engineering & Surveying, Inc. will work closely with City staff and will be responsible for providing planning, engineering, and support necessary efforts for the preparation of the Coral Drive Sidewalk Project No. 5042 Plans, Specifications and Estimates package.

FISCAL IMPACT:

The total potential cost of the subject contract is $107,100, which consists of $89,100 plus changes, if authorized, of $18,000. There is sufficient budget for CIP Project No. 5042 in the approved Fiscal Year 2026-27 Mid-Cycle Budget in the Capital Improvement Plan.

The Capital Improvement Plan estimated expenditure for design is $150,000. Funding for design will be from Fund 330 CCTA Return to Source (RTS).

STRATEGIC PLAN INITIATIVE:

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

ATTACHMENTS:

A. Resolution 68-26
B. Exhibit A to the Resolution - Professional Services Contract with LCC Engineering & Surveying, Inc.

Prepared by: T. Ryan O’Kane, Senior Engineer
Respectfully Submitted by,
Scott Christie, Director of Public Works &
Engineering
Approved By:

Linda Smith, City Manager
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RESOLUTION NO. 68-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH LCC ENGINEERING & SURVEYING, INC. FOR THE CORAL DRIVE SIDEWALK PROJECT (CIP NO. 5042) WHEREAS, on June 9, 2026, the City Council approved the Fiscal Year 2026-27 MidCycle Budget Update, including the Coral Drive Sidewalk Project No. 5042 to design and construct approximately 800 linear feet of five-foot-wide sidewalk on the north side of Coral Drive between Ardith Drive and Moraga Way to improve pedestrian safety along Coral Drive which is used by Del Ray Elementary, Orinda Intermediate School and Miramonte High School; and
WHEREAS, the City issued a Request for Proposals (RFP) on May 19, 2026, to provide professional design services for the Coral Drive Sidewalk Project No. 5042 and the City received seven proposals by the June 24, 2026 deadline.

WHEREAS, Staff evaluated the proposals in accordance with qualifications-based selection procedures and determined LCC Engineering & Surveying, Inc. to be the most qualified firm to perform professional engineering design services for a maximum contract value of $107,100 (including contingency), for preparation of plans, specifications, estimates, bidding support, and construction support services; and
WHEREAS, sufficient funding is available within the adopted Capital Improvement Program budget for the Coral Dr. Sidewalk Project (CIP No. 5042).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orinda hereby approves a Professional Services Agreement to LCC Engineering & Surveying, Inc. for professional engineering design services for the Coral Drive Sidewalk Project (CIP No. 5042), attached as an Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to spend a contingency of up to 20 percent of the contract amount, if necessary, and make any other minor modifications, as necessary, to carry out the intent of this Resolution.

Adopted by the City Council of the City of Orinda at a regular meeting of the Council held on September 1, 2026 by the following vote:

AYES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

______________________
Brandyn Iverson, Mayor
ATTEST:
___________________________
Sheri Marie Smith, City Clerk
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1 CITY OF ORINDA

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

1. Purpose of Contract.
a. City requires certain special services for the purpose of professional design services to prepare the PS&E and provide bid and construction support, and as-built drawings for Coral Drive Sidewalk Improvements Project No. 5042 in accordance with the Request for Proposals (RFP) dated May 19, 2026 and the applicant’s Statement of Qualifications dated June 24, 2026.
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 A1, 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.

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2 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. Design work shall be completed no later than March 2027. If a Schedule of Performance is provided in Exhibit A1, 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 A1.

4. Compensation.
a. City agrees to pay Provider at the rates described in Provider’s proposal (Exhibit B1), based on actual costs (time & materials basis), not to exceed a maximum contract price of $89,100 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 Item I.4
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3 and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of compliance upon request. Provider is not entitled to health benefits, worker’s compensation, or other benefits from the City.
b. Provider is solely responsible for the payment of employment taxes incurred under this agreement and any similar federal or state taxes. Provider and any of its employees, agents, and subcontractors shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Provider shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Provider’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Provider. Should any court, arbitrator, or administrative authority, including but not limited to the Internal Revenue Service or the State Employment Development Division, determine that Provider, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Provider agrees to a reduction in amounts payable under this agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this agreement are not greater than they would have been had the determination not been made.

6. Conflict of Interest.

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

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

7. Work Product, Intellectual Property and Records.
a. Ownership. All documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royaltyfree, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings, and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.
b. Right to Use. Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider Item I.4
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4 further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement. c. Confidential Information. In the performance of this agreement, Provider may be given access to confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Provider shall hold in confidence all City information provided by City to Provider and use it only to perform this agreement. Provider shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
d. Recordkeeping. Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records, or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

8. Assignment; Subcontracts.

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

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

9. Licenses.

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

10. Insurance Types and Limits.

Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including Item I.4
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5 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. 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 B1 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.4
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7 complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

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

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

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

The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

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

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

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

16. Notices.

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

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
Mariam Munshi Virani, PE
Principal and President
LCC Engineering & Surveying, Inc.
930 Estudillo Street
Martinez, CA 94553

17. Litigation.

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

18. Waivers.

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

19. Modification.

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

20. Severability.

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

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

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

22. Entire Agreement.

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

23. Governing Law and Venue.

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

24. Authority to Enter Agreement.

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

25. Successors and Assigns.

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

26. Headings and Construction.

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

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

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
LCC Engineering & Surveying, Inc.
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:

Exhibit A1 - Scope of Services and Schedule
Exhibit B1 - LCC Proposal
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11 Exhibit A1
Scope of Services and Schedule
(pages attached)
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CORAL DRIVE SIDEWALK IMPROVEMENTS PROJECT

SCOPE OF SERVICES AND SCHEDULE
EXHIBIT A1

PAGE 1 OF 3
The consultant will provide professional engineering services necessary to design and construct the Coral Drive Sidewalk Improvements project. The services to be performed by the consultant include, but are not limited to, the following:

TASK 1 – Project Planning, Coordination & Meetings
A. Establish and Maintain Schedule. LCC will provide a proposed project schedule, to be reviewed and revised with the City at the kick-off meeting. LCC will update the City weekly (or another agreed-upon interval) on project status, identifying critical path items to support timely project delivery.

B. Kick-Off Meeting. A Project Kick-Off Meeting will be scheduled immediately following contract award (early September), covering schedule, design options, and data collection.

Meetings will be held virtually (Teams/Zoom) unless the City requests otherwise. LCC will prepare an agenda before each meeting and brief meeting minutes afterward, confirming decisions made and action items.

C. Design Review Meeting. Following completion of topographic/right-of-way surveys and design studies, LCC will review a recommended design concept with the City. With City direction on which option to pursue, LCC will proceed to 35% design.

D. Public Meetings. LCC will attend up to two (2) public community meetings to present design concepts to adjacent property owners on Coral Drive, address concerns, and support City staff with outreach efforts.

E. PS&E Submittal Review Meetings. LCC will meet with the City after the 35%, 65%, and 95% submittals to review plans, specifications, and estimates, and discuss coordination items.

Combined with the meetings above, LCC will attend a minimum of four (4) meetings with City staff total, including meetings during construction.

F. Utility Coordination. LCC will coordinate PS&E review with affected utility agencies and arrange any necessary relocations or adjustments.

G. Coordination with Private Property Owners / Rights of Entry. LCC will assist the City in coordinating design with affected private property owners, including identifying any necessary right-of-way acquisitions, permanent easements, or temporary construction easements. LCC will prepare clear visual exhibits and property-specific layouts showing existing right-of-way, proposed improvements, and grading/conform impacts for each affected property, and will meet with owners as needed. LCC will prepare Right of Entry agreements as needed for construction access.

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RFP // CORAL DRIVE SIDEWALK IMPROVEMENTS, PROJECT N O. 5042 PAGE 2 OF 3
TASK 2 – Field Investigation & Research
A. Site Review. LCC will conduct a site review to verify existing improvements, utilities, rightof-way limits, adjacent grading, critical items affecting schedule, and existing survey control.

B. Topographic & Right-of-Way Survey. LCC will perform topographic surveys of existing improvements, utilities, monuments, right-of-way limits, and adjacent grading, determining Right of Way from record maps and field information, sufficient in detail to support design of transitions into private property.

C. Utility Notices and Mapping. LCC will request records from utility companies based on field-identified utilities and incorporate them into base drawings.

D. Base Mapping. LCC will prepare base mapping and topographic survey in AutoCAD, at appropriate scale on 22"x34" plan sheets, using site review data, topographic survey, and Contra Costa County ortho-rectified photos, including right-of-way and utility information.

TASK 3 – Project Design and Preparation of Plans, Specifications & Estimate A. Design Study and Alternatives Analysis. If approved by the City, LCC will prepare an alternatives analysis for the sidewalk alignment (north vs. south side of Coral, and feasibility of bulb-outs into the roadway to avoid major walls/impacts).

B. 35% Concept Plan & Estimate. LCC will prepare a 35% Preliminary Plan and Estimate based on the Design Review meeting, using topographic survey and ortho-rectified photos as a basemap. Critical items: right-of-way, sidewalk/curb ramp layout, retaining curb locations, and utility/existing improvement adjustments.

C. Civil Design. LCC will design necessary civil improvements, including but not limited to sidewalk alignments, driveway conforms, minor retaining curbs, and ADA-compliant sidewalk and curb ramps.

D. Plans. Once the 35% Concept is approved, LCC will prepare PS&E at 65%, 95%, and Final/biddable stages, meeting with the City after each submittal and incorporating comments.

Plans will detail sidewalk alignments, driveway conforms, retaining structures, and curb ramps, and will include:
• Title sheet with index and vicinity map
• Civil design plan sheets (layout, grading and drainage) • Civil and traffic details
• Sections
• Temporary erosion control sheet
• Profiles
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RFP // CORAL DRIVE SIDEWALK IMPROVEMENTS, PROJECT N O. 5042 PAGE 3 OF 3
Plans will be prepared in AutoCAD at 22"x34" scale, with the final submittal stamped and signed by a registered civil engineer, and delivered as scaled PDF digital copies (plus hard copies as required by the City).

E. Estimates. LCC will perform quantity takeoffs and prepare an Engineer's Estimate at each submittal stage, setting the bid schedule. Estimates represent the Engineer's opinion of probable cost, not a guarantee.

F. Specifications. Prepared in Microsoft Word and PDF formats (final submittal stamped and signed by a registered civil engineer), based on current Caltrans 2018 Standard Specifications and Revised Standard Specifications as required by the City, including:
• "Front End" documents (provided by the City)
• Special Provisions in Caltrans 2018 format
• Technical Specifications customized by the consultant • Notice to Bidder and Project description
• Bid sheet
TASK 4 – Assistance During Bidding & Construction
A. Bidding Assistance. LCC will assist the City during bidding, responding to RFIs and preparing addendums.

B. Construction Support. LCC will respond to contractor questions, perform site visits as needed, attend pre-bid, pre-construction, and final walk-through meetings, and prepare contract change orders as requested.

C. As-Builts / Project Closeout. Based on markups from the Contractor and City's Project Engineer, LCC will prepare final record (as-built) drawings and submit all project files — plans, specifications, CAD files, spreadsheets, and other technical information — to the City. These files become City property upon completion of work.

Project Schedule (Dates are subject to change)
Sign and Process Contract September 2026
Notice to Proceed September 2026
Final Construction Documents February 2027
Construction June 2027
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15 Exhibit B1
LCC Engineering & Surveying, Inc. Proposal
(pages attached)
Item I.4
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STATEMENT OF QUALIFICATIONS
Submitted for
Engineering Design Services for
Coral Drive Sidewalk Improvements
Project No. 5042
in the

CITY OF ORINDA
Submitted by
LCC ENGINEERING & SURVEYING, Inc.
930 Estudillo Street
Martinez, CA 94553‐1620
June 24, 2026
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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042

TABLE OF CONTENTS
Page
SECTION 1 – COVER LETTER
SECTION 2 – PROJECT UNDERSTANDING................................................................... 1 SECTION 3 – WORK PLAN APPROACH AND SCHEDULE ............................................. 4 SECTION 4 – STAFF PLAN: EXPERIENCE, QUALIFICATIONS AND REFERENCES............ 7 SECTION 5 – RESUMES
SECTION 6 – ACKNOWLEDGEMENT OF CITY CONSULTANT AGREEMENT AND

CERTIFICATION OF INSURANCE REQUIREMENTS

COST PROPOSAL AND FEE SCHEDULE (SEPARATE SEALED ENVELOPE) Item I.4
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Section 1 – Cover Letter
June 22, 2026
City of Orinda
Attn: Ryan O’Kane, Senior Engineer
22 Orinda Way
Orinda, CA 94563
Re: Statement of Qualifications for Engineering Design Services Coral Drive Sidewalk Improvements, Project No. 5042
Dear Mr. O’Kane,
LCC Engineering & Surveying, Inc. (LCC) is very pleased to submit this proposal to provide professional civil engineering services to the City of Orinda (City) for the Coral Drive Sidewalk Improvements (Project).

For over seventy years, LCC has been specializing in providing civil design and land survey services to public agencies in the San Francisco Bay Area, including the City of Orinda. More recently, LCC has held an On‐Call Land Surveying Contract with the City since 2016 and an On‐Call Civil Design Contract with the City since 2019. We have delivered several recent‐related design projects in Orinda and nearby cities including the City of Orinda Camino Pablo Pathway project completed in 2024 and the Pleasant Hill Road Safe Routes to School Project completed in 2023, all more particularly described in this Proposal.

We have studied the Coral Drive Sidewalk Improvements Project. We understand the importance and the complexities of this project related to civil design elements, coordination with private property owners and schedule. We look forward to the opportunity to apply our expertise in sidewalk and pedestrian infrastructure projects, and continue to provide high quality and efficient civil design services to the City with this Project.

LCC has the staff experience, license and availability to provide the services required for this Project.

LCC is a thirteen‐member firm, with one office located in Downtown Martinez where all our work is performed. We have five licensed civil engineers and two licensed land surveyors in the State of California.

Mariam Virani, PE will serve as the Principal Engineer and Project Manager for the Project. Mariam will be the main point of contact with the City and various stakeholders. Mariam has worked at LCC for over twenty years now and became Principal of the firm in 2019. Mariam has extensive experience with providing project management and delivering construction documents for bicycle and pedestrian infrastructure projects. Mariam was the project manager for all the civil design projects LCC has delivered in the City of Orinda over the past decade.

Christine Leptien‐Parks, PLS & PE will serve as the Principal Project Surveyor directly overseeing or performing the topographic and right of way surveys and mapping for the Project. She will also perform QA/QC of all LCC deliverables. Christine has been with LCC for over 30 years and became Principal of the firm in 2008.

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Section 1 – Cover Letter
LCC has reviewed the City’s contract form, conflicts of interest provisions, and insurance requirements and takes no exceptions. We have also reviewed and acknowledge Addendum No. 1 and Addendum No. 2 to the Project RFP.

Thank you for your consideration of this Statement of Qualifications. We hope that we can serve the City of Orinda on this exciting and important Project. Should you have any questions please feel free to contact me at mmunshi@lcc‐inc.com by email or phone. Our office location and phone number is as shown on our letterhead to the left.

Sincerely,
Mariam Munshi Virani, PE
Principal and President
Enclosures
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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 2 – Project Understanding

Page 1 ends

SECTION 2 ‐ PROJECT UNDERSTANDING
Project Background and Purpose
The City of Orinda (City) is located in the
Oakland/Berkeley Hills east of the Caldecott
Tunnel on Highway 24. This project will install a
sidewalk on Coral Drive from Moraga Way to
Ardith Drive (approx. 0.2 miles). The concrete
sidewalk is designated to be 5 feet min. on the
north side of Coral Drive with new curb ramps at
Moraga Way and Ardith Drive, closing an existing
sidewalk gap on Coral Drive as shown below. The City of Orinda (red) is Located in the State of California, Contra Costa County
Exhibit A – Project Limits
As shown above, the project location is surrounded by several schools in the Ivy Drive neighborhood. In 2016, the City installed a sidewalk along Coral Drive between Ardith Drive and Eastwood Drive. This project will close the existing sidewalk gap on Coral Drive between Ardith Drive and Moraga Way providing improved access to nearby schools and Moraga Way within the neighborhood and beyond as Moraga Way is a major arterial through the City with bus, bicycle and pedestrian facilities.

Existing Conditions
LCC performed a site visit at the project location. Following are critical existing conditions we noted during our site visit which we believe will need to be studied and will impact the final design for the project.  Critical Existing Conditions
o Coral drive is a residential street with homes and parking along both sides of the street. o On the north side, eight homes have frontage on Coral Drive within the project limits, and on the south side, three homes have frontage on Coral Drive (with six homes total on the south side).

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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 2 – Project Understanding

Page 2 ends

o Coral Drive is approximately 37’ feet wide from face of curb to face of curb. The pavement has been recently rehabilitated, and it is striped with a centerline and two edge lines. o Coral Drive has a greater than 5% longitudinal roadway slope for most of the project limits. o There is major grade increase between the face of curb and residences on both sides of the street, and several properties already have walls near the back of curb. o There are joint poles and other utilities on both sides of the street. Storm drain inlets exists on the north side of the street only.
o Moraga Way is the west end of project limits with a crosswalk, signal and pedestrian push button. The east end of the project limits connects to an existing concrete ramp and sidewalk at Ardith Drive.

Design Considerations
Based on our experience from similar sidewalk projects we’ve delivered and our site visit for this project, following are the key design considerations for this project.  Review of Design Alternatives
LCC understands that the north side of Coral Drive is preferred for the new sidewalk because the connections at Moraga Way and Ardith Drive are both on the north side, minimizing pedestrian crossing on Coral Drive.

At project kick‐off LCC will review any design alternatives that the City would like the team to study to achieve the project goals with the most feasible design. Given the existing conditions and design requirements, there are two alternatives that can be studied.
o One alternative that may be studied is to review whether it might be more feasible to install the sidewalk on the south side of Coral Drive given less properties having frontage on the south side of Coral Drive. More crosswalks and curb ramps will be required for this option. o The other alternative that can be studied is if the existing curb line (on either side of Coral Drive) can be pushed/bulbed‐out into the roadway to minimize impacts on private improvements. This might require re‐striping the edge lines or losing parking on one side of the street all together.

LCC will only study these options if approved by City.
 Right‐of‐Way
One of the most critical design elements is right‐of‐way. One of the first tasks that LCC will perform is right‐of‐way mapping based on survey control and record maps. Confirming exactly how much right‐ of‐way the City has on Coral Drive will drive the design and design process as we develop a feasible design and coordinate the project with the private property owners.
 Impacts on Private Property Improvements & Coordination LCC understands that minimizing impacts to private improvements even if they are in City right‐of‐way is important. Once the topographic and right‐of‐way survey is completed, the Team will review alternative designs that may minimize modifications to private property improvements. Once these alternatives are reviewed and final alignment is selected by the City, LCC will assist the City to coordinate the work with each private property owner by preparing exhibits and meeting with the owners and finally preparing the appropriate right of way document agreements for construction.

Item I.4
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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 2 – Project Understanding

Page 3 ends

 ADA Compliance
ADA compliance and Contra Costa County Standard Plans are the two major design standards that will impact the project. LCC understands that the proposed sidewalk and curb ramps shall be ADA compliant.

Following are key ADA requirements which will need to be addressed as part of the design:
o 4’ min. width, 3’ min. at poles – The City has designated a 5’ min concrete sidewalk. At certain locations, mainly at joint poles, the clear width of the sidewalk may be reduced to 3’ per ADA guidelines.
o 5% max longitudinal slope or slope of existing roadway – The longitudinal slope at Coral Drive exceeds 5% for most of the project limits. The proposed sidewalk will follow the roadway grade which is acceptable per ADA guidelines.
o 2% max. cross slope – ADA guidelines require 2% max cross‐slope.

LCC designs cross‐slopes at 1.5% to allow for construction tolerance.

The likely design will be to preserve the existing curb and gutter and build the new sidewalk from the back of existing curb and gutter at

1.5% cross‐slope.

Like the sidewalk and driveways built in 2016, east of Ardith Drive, retaining curbs or walls will be required to conform to existing improvements, and the driveways will need to be reconstructed by the current Contra Costa County Standard Plans which provide for a 4’ min. ADA compliant sidewalk behind the driveway ramp. This will likely create conforms onto private property which will need to be coordinated with the private property owners.  Mailboxes, Joint Poles, Trees, Utilities and Drainage Existing improvements and facilities such as mailboxes, joint poles, water, gas and electric utilities, drainage, walls, pavers, bricks, cobble all exist within the proposed sidewalk alignment on the north side. These items will need to be carefully surveyed and documented on the plans to either be protected, relocated or adjusted as part of the project, and coordinate with property owners.
 Connections to Existing Facilities on Moraga Way and Ardith Drive The connection to the Moraga Way intersection (pictured on the cover of this SOQ) will likely require a concrete bulb‐out with directional ramps. The existing signals, joint pole and pedestrian push button will need to be protected in place. The interface between the concrete ramps and bus stop will also need to be reviewed in case the City would like to install additional bus stop facilities at this location.

A ramp and yellow crosswalk shall be installed at Ardith Drive which connects to an existing sidewalk. The existing joint pole and water mater will need to be protected while still installing a directional ramp, which will likely required a bulb‐out. The new crosswalk will need to be reviewed for ADA compliance (4’ min ADA path of travel across roadway).

Item I.4
Packet Page 101
LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 3 – Work Plan Approach and Schedule

Page 4 ends

SECTION 3 ‐ WORK PLAN APPROACH AND SCHEDULE

WORK PLAN APPROACH
LCC will work closely with City staff from the inception of the design phase of the project to project construction close‐out. LCC will act as the Project Manager for the City in coordinating with property owners, utility agencies, and City Staff. Following is our work plan for the project.

TASK 1 – PROJECT PLANNING, COORDINATION & MEETINGS
A. Establish and Maintain Schedule. A proposed project schedule is included at the end of this section. LCC will review the schedule with the City at the kick‐off meeting and make any necessary revisions based on the discussion with the City. LCC will update the City weekly (or another agreed upon time period) on the status of the project.

B. Kick‐Off Meeting. A Project Kick‐Off Meeting will be scheduled immediately after the award of Contract in early September. The items to be discussed will include schedule, design options and data collection. Meetings will be held virtually via Teams or Zoom, unless otherwise requested by the City. LCC will prepare a meeting Agenda prior to meetings and brief meeting minutes after meetings.

C. Design Review Meeting. Following completion of topographic and right of way surveys/mapping and design studies, a recommended design concept will be reviewed with the City at a design review meeting. Following this meeting and with direction from the City as to which options to pursue, LCC will proceed to 35% design for the selected design.

D. Public Meeting. LCC will attend up to two public meetings to review the design concepts with members of the public and address public comment. LCC will support the City as needed.

E. PS&E Submittal Review Meetings. LCC will meet with the City to review Plans, Specification and Estimate (PS&E) after 35%, 65% and 95% submittals and discuss project and coordination items.

F. Utility Coordination. LCC will coordinate review of the PS&E with the affected utility agencies, and arrange any relocations or adjustment necessary to construct the project.

G. Coordination with Private Property Owners and Rights of Entry. LCC will assist the City in coordinating the design with private property owners affected by the project. LCC will prepare exhibits showing existing right‐of‐way, proposed improvements and impacts to existing improvements for each property affected by the project. LCC will provide these exhibits to the City and meet with the owners as needed. LCC will also prepare right of entry documents as needed for Construction.

TASK 2 – FIELD INVESTIGATION & RESEARCH
A. Site Review. LCC will conduct a site review to verify the location of existing improvements, utilities, critical items which may affect the project schedule and existing survey control.

B. Topographic & Right of Way Surveys. LCC will perform topographic surveys of existing improvements, utilities, monuments, right of way limits and adjacent grading. We will determine the existing Right of Way from the record maps and field information. The Right of Way will then be incorporated into the project basemaps.

Item I.4
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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 3 – Work Plan Approach and Schedule

Page 5 ends

C. Utility Notices and Mapping. Records of the utility companies will be requested based on the utilities found during the field surveys and included in our base drawings.

D. Mapping. LCC will prepare base mapping in AutoCAD for the preparation of construction plans and details at appropriate scales on 22”x34” plan sheets. Base maps will be based on information obtained during our site review, topographic surveys and Contra Costa County’s ortho‐rectified photos, and will include Right of Way and utility information.

TASK 3 – PROJECT DESIGN AND PREPARATION OF PLANS, SPECIFICATIONS & ESTIMATE A. Design Study and Alternatives Analysis. If approved by the City, LCC will prepare an alternatives analysis for the alignment of the proposed sidewalk. We will study the north vs south side of Coral in terms of accessibility and feasibility, and we will review if the sidewalk can be bulbed‐out into the roadway to avoid major walls and impacts to existing improvements.

B. 35% Concept Plan & Estimate. LCC will prepare a 35% Preliminary Plan and Estimate based on discussions with the City at the Design Review meeting for the proposed improvements.

We will use our topographic surveys and the County’s ortho‐rectified photos as a basemap for the plan. The critical items on this plan will be right‐of‐way, sidewalk and curb ramp layout, retaining curb locations and utility/existing improvement adjustments/relocations.

C. Plans . Once a 35% Concept Plan & Estimate is approved by the City, LCC will prepare PS&E at 65%, 95% and Final Stages. LCC will meet with the City to review the Plans following the 65% and 95% submittals and will update the plans per the City’s comments after each submittal. The plans will detail proposed improvements including sidewalk alignments, driveway conforms, retaining structures, and curb ramps. The plans will include a title sheet with index and vicinity map, civil design plan sheets including layout plan, grading and drainage plan, civil and traffic details, sections and temporary erosion control sheet. The plans will be prepared in AutoCAD. Digital and hard copies of the plans will be submitted to the City as required by the City in 22”x34” format.

D. Estimates. The design team will perform quantity takeoffs and compute estimates for the work at each submittal which will set the bid schedule. Estimates are the Engineers opinion of the probable cost of the work, and not a guarantee.

E. Special Provisions. Design standards and specifications will be based on current Caltrans Standard Plans and Specifications as required by the City. LCC understands that the City may require conformance to 2018 Caltrans Standard Specifications and related Revised Standard Specifications. LCC also understands that the City will provide front‐end specifications, a template for boilerplate technical specifications as the basis for the Project’s Special Provisions.

TASK 4 – ASSISTANCE DURING BIDDING & CONSTRUCTION
A. Assistance During Bidding. LCC will assist the City during the bidding phase of the project by responding to RFI’s and preparing addendums
B. Construction Support. LCC will respond to contractor questions and perform site visits as needed.

C. As‐Builts. Based on the mark‐ups provided by the Contractor and the City’s Project Engineer, LCC will prepare final record drawings for the City’s files.

Item I.4
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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 3 – Work Plan Approach and Schedule

Page 6 ends

PROJECT SCHEDULE
The project schedule calls for Construction to occur June 2027. This means that the final PS&E must be completed in February 2027 at the latest. This schedule is ambitious but doable considering LCC’s available staffing and resources.

LEVEL OF EFFORT
To the right is our work plan with
an estimate of hours for each
task. LCC will review the
schedule and work plan with the
City at the kick‐off meeting to
confirm alignment on scope of
work.

Item I.4
Packet Page 104
LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 4 – Staff Plan

Page 7 ends

SECTION 4 – STAFF PLAN: EXPERIENCE, QUALIFICATIONS AND REFERENCES

FIRM QUALIFICATIONS AND EXPERIENCE
For over seventy years, LCC Engineering & Surveying,
Inc. (LCC) has provided civil engineering and land
surveying services to local public agencies, school
districts and organizations in the San Francisco Bay
Area.

Some of our long‐standing clients include City of
Martinez, City of Pleasant Hill, City of Concord, City of Lafayette, Contra Costa Water District, Martinez
Unified School District, Contra Costa Community
College District, and Contra Costa County Office of
Education.

LCC is a thirteen‐member firm with our one office
located in Downtown Martinez, just a short drive from
the City of Orinda (City), where all our work is
performed.

We specialize in the preparation of plans, specifications, estimates and bid documents for municipal improvement projects. LCC has a unique advantage in that we can provide survey services as part of our civil design services which is a great resource in providing high quality and efficient civil design services.

LCC has provided civil engineering and land surveying services to the City of Orinda for decades. More recently, we’ve held an on‐call contract for surveying since 2016 and for civil engineering services since 2019. Following are more recent civil engineering projects we’ve delivered on time and within budget for the City.  Camino Pablo Pathway, Los Amigos to Manzanita,
PS&E complete Spring 2024
 Sleepy Hollow & Lombardy Lane Intersection
Improvements, Construction Summer 2024
 Moraga Way & Valley View RRFB Installation,
Constructed Spring 2024
 Catherine Court to Martha Trail Study and PS&E,
Completed Summer 2023
 Brookwood Road Screening Study, Completed
Spring 2022
 Washington Lane Widening Study, Completed
Spring 2021
 Santa Maria Park & Ride Lot Stabilization Project,
Constructed Summer 2016
 BART‐Downtown Access Ramp and Lighting Project, Constructed Summer 2017 We have studied the Coral Drive Sidewalk Improvements Project. We understand the importance and the complexities of this project, especially since we have completed very similar projects in Orinda and in the City of Pleasant Hill and City of Concord recently (as described below). We look forward to the opportunity to provide our expertise to the City of Orinda for this important project.

Item I.4
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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 4 – Staff Plan

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RECENT‐RELATED PROJECTS
City of Pleasant Hill
Measure K Sidewalk and Intersection Improvement Projects Design Awarded for Both Sites in Spring 2019; Construction Completed Summer 2021 and Fall 2023 Key LCC Personnel: Christine Parks, Principal Surveyor and QA/QC; Mariam Virani, Project Manager and Principal Engineer; Noel Crisolo, Lead Design Engineer
Pleasant Hill Road Sidewalk Project, Constructed Summer 2021 The Pleasant Hill Road Sidewalk project (shown above) included the installation of 0.5 miles of ADA compliant sidewalk and curb ramps in a residential area near an elementary school. The project included moving the curb and gutter into the roadway providing right of way for a new sidewalk while improving the roadway cross‐ section. The new sidewalk was installed adjacent to homes along Pleasant Hill Road, an arterial road within the City. The work included conforms in existing residential driveways and landscaping within the City’s right‐of‐way. LCC coordinated this work with each property owner affected. The work also included coordination with utility agencies for adjusting their facilities to grade and ADA compliant curb ramp design. Construction Cost: $300K.

Taylor Boulevard Sidewalk and Civic Drive Intersection
Improvement Project – Constructed Fall 2023
The Taylor Boulevard sidewalk provides 0.5 miles of new ADA compliant sidewalk and enhanced Class 2 buffered bike lanes improving access from residential neighborhoods to nearby schools and community facilities. The Project also includes the installation of a new signal, dedicated left turn lane, ADA compliant bulb‐outs with curb ramps, and crosswalks at Civic Drive. The work also included coordination with utility agencies for adjusting their facilities to grade and coordinating with a local landscape architect for landscape and irrigation design. Construction Cost: $1.5M.

City of Orinda
Catherine Court to Martha Road Trail Study and PS&E
PS&E Completed 2022; Construction Complete Summer 2023
Key LCC Personnel: Christine Parks, Principal Surveyor and QA/QC; Mariam Virani, Project Manager and Principal
Engineer; Noel Crisolo, Lead Design Engineer
The City asked LCC to study the feasibility of reconstructing an existing AC pathway on private property between two fence lines, to be ADA compliant. LCC performed the topographic and right‐of‐way surveys for the project area and prepared preliminary design alternatives and correlating total project estimates for the improvement of the pathway and storm drain within the project limits. The City selected an option presented by LCC and asked to prepare Construction Documents for a Trail Maintenance Project. LCC also prepared Plat Maps and Legal Descriptions for the City to obtain Trail Easements from the adjacent Property Owners. Construction Cost: $90K Item I.4
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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 4 – Staff Plan

Page 9 ends

STAFF QUALIFICATIONS AND PLAN
Following is a summary of our team personnel, qualifications and work plan for this project. The key team members listed below also worked on the projects listed above in the same capacities. We have the experience, license, and expertise to deliver this project successfully.

Mariam Munshi Virani, R.C.E. 71568
Mariam will be the Principal‐In‐Charge, Project Manager and Main Point of Contact with the City for this Contract. She will perform many of the Engineering tasks herself and/or directly work with LCC Staff to complete the tasks successfully, on time and within budget.

Mariam became a Principal at LCC in 2019. Mariam has been with the firm for over 20 years, since she graduated from the University of California, Davis in 2004. Mariam has been the Project Manager for all of LCC’s design projects over the past decade.

Mariam has extensive experience in preparing and reviewing Plans, Specifications and Estimates for municipal improvement projects for roadways, pathways, parks, and storm drains. Mariam was the Project Manager and prepared the construction documents for all the Projects delivered by LCC in the City of Orinda listed above as well as the Measure K Sidewalk Projects in Pleasant Hill provided above. Mariam met with the property owners herself to help obtain Right of Entry Documents for the projects. Mariam will be available 30% of her time for this Contract.

Christine M. Leptien‐Parks, R.C.E. 59061 and P.L.S. 7893 Christine will be the Principal Surveyor for this Contract. She will directly oversee and perform all land surveying services required for this Contract and perform QA/QC of all LCC deliverables. Christine has been a principal at LCC since 2008 and has been a full‐time employee for over 30 years.

Christine serves as the City Surveyor for the Cities of Orinda, Berkeley and San Pablo.

Christine directly oversaw all of the topographic surveys, mapping, easement and right of entry documents for the projects in Orinda and Pleasant Hill listed above.

Christine will be available 20% of her time for this Contract.

Noel Crisolo, R.C.E 86603
Noel has been working at LCC for over thirteen years now since he graduated from the University of California, Davis in 2013. Noel is the Lead Design Engineer at LCC.

He directly prepares full range of engineering documents including concept plans, improvement plans, cost estimates and specifications at the firm, and is involved with every civil design project at LCC as a designer, large and small, including those listed herein above. Noel will be available for 30% of his time for this Contract.

Item I.4
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LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 4 – Staff Plan

Page 10 ends

Jonathon Loeswick, RCE 92181
Rachel Mixon, EIT
Jon and Rachel will support the team in the office and in the field. Jon joined LCC over five years ago and has gained valuable experience in working on a variety of civil design and surveying projects including Sleepy Hollow & Lombardy Lane Intersection Improvements, Moraga Way & Valley View RRFB Installation and Brookwood Road Screening Study in Orinda.

Rachel joined the firm a little over a year ago and specializes in pavement rehabilitation projects with ADA and bikeway improvements. Rachel is currently working on developing conceptual plans for the City of Pleasant Hill’s Pedestrian and Bicycle Safety Masterplan. Both Jon and Rachel will be available for 30% of their time for this Contract.

To the left is a flow chart
that demonstrates how the
LCC Team will be structured.

LCC has the staff and
expertise available to
deliver this project
successfully.

REFERENCES:

Agency:  City of Pleasant Hill
Contact:  Ann James, Public Works Manager
Contact Info: 310 Civic Drive Pleasant Hill, CA 94523, (925) 671‐5260, and [email protected] Agency:  City of Concord
Contact:  Tianjun Cao, Associate Civil Engineer and Project Manager Contact Info: 1950 Parkside Dr Concord 94519, (925) 671‐3243, [email protected] Agency:  City of Martinez
Contact:  Joe Enke, City Engineer
Contact Info: 525 Henrietta Street Martinez 94553, (925) 372‐3562, [email protected] Item I.4
Packet Page 108
Mariam Munshi Virani, P.E.

LCC Engineering & Surveying, Inc.

EDUCATION & REGISTRATION:

UNIVERSITY OF CALIFORNIA, DAVIS ‐ DAVIS, CA
BACHELOR OF SCIENCE IN CIVIL AND ENVIRONMENTAL ENGINEERING (June 2004) REGISTERED PROFESSIONAL ENGINEER IN CALIFORNIA ‐ C 71568 EXPERIENCE:

Mariam is a Principal at LCC. Mariam joined LCC in the summer of 2004 after receiving her Bachelor of Science Degree in Civil Engineering from the University of California, Davis. She obtained her professional registration as a Civil Engineer in August 2007. Since then, she has been directly responsible for the preparation of plans, specifications, bid documents and construction cost estimates for streets, parking lots, parks, sidewalks, pathways, utilities, storm drains, and wastewater facilities. Mariam has designed post‐construction storm water controls per C.3 provisions and prepared storm water erosion control and storm water pollution prevention plans.

PROJECTS:
 City of Orinda
Camino Pablo Pathway, Los Amigos to Manzanita (Construction Summer 2024), Project Manager Sleepy Hollow & Lombardy Lane Intersection Improvements (Construction Summer 2024), Project Manager Moraga Way & Valley View RRFB Installation (Constructed Spring 2024), Project Manager Catherine Court to Martha Trail Study and PS&E (Completed Summer 2023), Project Manager and Designer Brookwood Road Screening Study (Completed Spring 2022), Project Manager Washington Lane Widening Study (Completed Spring 2021), Project Manager Santa Maria Park & Ride Lot Stabilization Project (Constructed Summer 2016), Project Manager and Designer BART‐Downtown Access Ramp and Lighting Project (Constructed Summer 2017), Designer  City of Berkeley
2025 Storm Drain Project (Completed Spring 2026), Project Manager Downtown Safe Routes to School Project (Under Design), Project Manager Second Street Improvements Project (Constructed 2021), Project Manager Measure T1 Street Improvements Project at Ward Street and Monterey Avenue (Constructed 2020) John Muir School Intersection Improvements (Constructed 2019), Project Manager & Engineer  City of Concord
Monument Boulevard Class I Path, Federally Funded (Constructed 2023), Project Manager Pavement Maintenance – Zone 5J Project (Constructed 2023), Project Manager Zone 3N Pavement Maintenance (Constructed 2024), Project Manager Pavement Maintenance Project No. 1 (Under Construction), Project Manager Newhall Park Water Quality Improvements (In Design), Project Manager & Engineer Citywide Accessibility Project No. 10 (Constructed 2023), Project Manager & Engineer  City of Lafayette
2024 Paving Project (Constructed 2025), Project Manager 2023 Paving Project (Constructed 2023), Project Manager Community Center Playground Project (Constructed 2023), Project Manager Mt. Diablo Blvd and Mt. Diablo Ct. Intersection Project (Constructed 2022), Project Manager AFFILIATIONS: American Council of Engineering Companies (ACEC), Immediate Past President for State Executive Committee
Item I.4
Packet Page 109
Christine M. Leptien‐Parks, P.E., P.L.S.

LCC Engineering & Surveying, Inc.

EDUCATION & REGISTRATION:

SAN JOSE STATE UNIVERSITY ‐ SAN JOSE, CA
BACHELOR OF SCIENCE IN CIVIL ENGINEERING (May 1996)
REGISTERED PROFESSIONAL ENGINEER IN CALIFORNIA ‐ C 59061 LICENSED PROFESSIONAL LAND SURVEYOR IN CALIFORNIA ‐ PLS 7893 EXPERIENCE:

Christine began working part‐time for LCC in 1992, and joined the firm full‐time in May of 1996 upon completion of her undergraduate education. She obtained her license to practice civil engineering in February 1999. Since then, she has been directly responsible for the preparation of plans, specifications and estimates for streets, parking lots, parks, utilities, storm drains, and wastewater facilities.

Christine has also had extensive field experience as a both a Chainman and a Party Chief on our survey crews over the years, leading her to obtain a license to practice land surveying in August 2003. Christine became a Principal and Partner in the firm in February 2008.

PROJECTS:
 City of Berkeley
City Surveyor (2025 to Present)
 City of Concord
On‐Call Surveying (2012 to Present)
Monument Boulevard Class I Path, Principal Surveyor
 Central Contra Costa Sanitary District (CCCSD)
On‐Call Surveyor (2021 to Present)
Various topographic surveys for pipeline and monument preservation projects (2009 to Present), Principal Surveyor  Contra Costa Water District (CCWD)
On‐Call Surveyor (2014 to Present)
Shortcut Pipeline Topo Surveys and Monitoring (2009 to Present)  City of Lafayette
2024 Paving Project, Principal Surveyor
2023 Paving Project, Principal Surveyor
Mt. Diablo Blvd and Mt. Diablo Ct. Intersection Project, Principal Surveyor  City of Martinez
Alhambra Ave Improvements, Principal Surveyor
City Surveyor (2014 to Present)
 City of Orinda
City Surveyor
Martha‐Catherine Pathway Project, Principal Surveyor
Camino Pablo Path, Principal Surveyor
AFFILIATIONS: California Land Surveyors Association (CLSA) Item I.4
Packet Page 110
Noel Crisolo, P.E.

LCC Engineering & Surveying, Inc.

EDUCATION & REGISTRATION:

UNIVERSITY OF CALIFORNIA, DAVIS ‐ DAVIS, CA
BACHELOR OF SCIENCE IN CIVIL AND ENVIRONMENTAL ENGINEERING ‐ June 2013 REGISTERED PROFESSIONAL ENGINEER IN CALIFORNIA ‐ C 86603

EXPERIENCE:

Noel has led the Civil Design of most of LCC’s Projects over the past decade. Noel began working part‐time for LCC in 2011 as an engineering intern and joined the firm full‐time in the Summer of 2013 upon completion of his undergraduate education. Noel has extensive experience using AutoCAD for the preparation of municipal improvement projects specializing in c.3, ADA compliance, parks, bikeways, and complete streets. Noel obtained his professional license in 2017.

PROJECTS:
 City of Pittsburg
Bailey Road Conceptual Plan Alternatives Study (Under Design) – Senior Civil Engineer  City of Berkeley
Second Street Improvements Project (Constructed 2021), Project Manager Measure T1 Street Improvements Project at Ward Street and Monterey Avenue (Constructed 2020) Pedestrian Improvements at Intersection of Woolsey St and Eton Ave (Design Complete), Design Engineer Intersection Reconfiguration at Dwight Way & California Street, (Constructed 2021/2022), Design Engineer  City of Orinda
Catherine Court to Martha Trail Study and PS&E (Completed Summer 2023), Designer Washington Lane Widening Study (Completed Spring 2021), Designer Santa Maria Park & Ride Lot Stabilization Project (Constructed Summer 2016), Designer BART‐Downtown Access Ramp and Lighting Project (Constructed Summer 2017), Designer  City of Lafayette
Buckeye Ballfields (In Design), Design Engineer
2023 Paving Project (Constructed 2024), Design Engineer Mt. Diablo Blvd and Mt. Diablo Ct. Intersection Project (Constructed 2022), Design Engineer Brook Street Park (Constructed 2021), Project Engineer
 City of Martinez
Pacheco at Arnold Intersection Project (In Design), Design Engineer Downtown Arterial Paving Project (Constructed 2020), Design Engineer  City of Pleasant Hill
Taylor Blvd Improvements Project (Constructed 2024), Design Engineer Gregory Gardens Storm Drain Project (Constructed 2022), Project Engineer Pleasant Hill Rd Sidewalk Installation Project (Constructed 2021), Design Engineer Gregory Lane / Elinora Drive Traffic Signal Installation Project (Constructed 2020), Project Engineer AFFILIATIONS: American Council of Engineering Companies (ACEC) and East Bay Municipal Engineer (EBME) Item I.4
Packet Page 111
Jonathon Howard Loeswick, P.E.

LCC Engineering & Surveying, Inc.

EDUCATION & REGISTRATION:

UNIVERSITY OF HAWAII AT MANOA – HONOLULU, HI
BACHELOR OF SCIENCE IN CIVIL ENGINEERING (May 2011)REGISTERED PROFESSIONAL ENGINEER IN HAWAII ‐ PE‐17341 REGISTERED PROFESSIONAL ENGINEER IN CALIFORNIA ‐ C‐92181
EXPERIENCE:

Jonathon began working for LCC in 2021 and has been the Lead Design Engineer for the Zone 5J and Zone 3N Pavement Maintenance Project for the City of Concord. He has over a decade of experience preparing plans, specifications and estimates for streets, parking lots, water supplies, storm drains, and wastewater facilities. Jonathon has extensive experience in construction management as well.

As a project engineer, he managed the construction of Valley View Phase 1 ($37 million) Neighborhood, while assisting with the procurement of the demolition, site, and house components of Valley View Phase 2 ($18 million) and Rainbow Village ($42 million) Neighborhoods.

PROJECTS:
 City of Berkeley
2025 Storm Drain Project (Under Construction), Design Engineer  City of Concord
Pavement Maintenance – Zone 5J Project (Constructed 2023), Design Engineer Zone 3N Pavement Maintenance (Out to Bid), Design Engineer  City of Lafayette
2023 Paving Project (Constructed 2023), Design Engineer Community Center Playground Project (Constructed 2023), Design Engineer  City of Martinez
Alhambra Ave Downtown Paving Project, Federally Funded (Constructed 2024), Design Engineer G Street Access and Drainage Study, (Study Complete 2022), Design Engineer  City of Orinda
Sleepy Hollow and Lombardy Intersection Improvements, (Design Complete), Design Engineer Brookwood Road Screening Study, (Study Complete 2022), Design Engineer Storm Drain Culvert Topographic Surveys (2021‐Present), CAD Drafting  County of Marin
Fairfax Bolinas Road MP 5.73 Phase 1 and Phase 2 Stabilization (Constructed 2024), Design Engineer  Contra Costa Community College District
Campus Base Mapping Updates for all Campuses (Ongoing), Drafting DVC – Early Childhood Ed South Building Partial Demo/Repair (Design Complete), Design Engineer AFFILIATIONS:

American Society of Civil Engineers (ASCE)
Item I.4
Packet Page 112
Rachel Mixon, E.I.T.

LCC Engineering & Surveying, Inc.

EDUCATION & REGISTRATION:

SAN JOSE STATE UNIVERISITY, ‐ SAN JOSE, CA
MASTERS OF SCIENCE IN CIVIL ENGINEERING (December 2021) ENGINEER IN TRAINING IN CALIFORNIA – EIT 182534
EXPERIENCE:

Rachel is an assistant engineer at LCC. Rachel joined LCC in the spring of 2025. She obtained her EIT in August 2024. She has assisted with the preparation of plans, specifications, bid documents and construction cost estimates for streets, parking lots, parks, sidewalks, pathways, utilities, storm drains, wastewater facilities, and plan reviews. Rachel has designed roadway, sanitary sewer, and storm water projects.

PROJECTS:
 City of Pittsburg
Terry Court Sewer Repair (Under Design) – Assistant Engineer Buchanan Street Park Topographic Survey (Completed May 2026) – Assistant Engineer, Mapping  City of Berkeley
City of Berkely 2024‐25 Standard Plan Updates (Under Design) – Assistant Engineer, CAD support  City of Concord
Pavement Maintenance Project No. 1 (Constructed 2025), Assistant Engineer Newhall Park Water Quality Improvements (In Design), Assistant Engineer Concord Blvd/Myrtle Dr Pavement Rehab (In Design), CAD support  City of Lafayette
BART‐Town Center Pathway and Bike Station Project, CAD support  City of Martinez
2025‐26 Pavement Rehabilitation Project (In Construction), Assistant Engineer Bay Trails Bike Path (In Design), CAD support
 City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project (In Design), Assistant Engineer Pedestrian and Bicyclist Safety Action Plan Conceptual Plans, Assistant Engineer AFFILIATIONS:

American Council of Engineering Companies (ACEC)
Item I.4
Packet Page 113
LCC Statement of Qualifications
Coral Drive Sidewalk Improvements
City of Orinda Project No. 5042
Section 6 – Acknowledgment of Agreement & Insurance Requirements SECTION 6 ‐ ACKNOWLEDGEMENT OF CITY CONSULTANT AGREEMENT

AND CERTIFICATION OF INSURANCE REQUIREMENTS
LCC has reviewed the City’s
contract form, conflicts of
interest provisions, and insurance
requirements and will be able to
sign these documents.

The timeline of the project is also
acceptable to LCC.

We carry general liability, auto
liability, workers compensation,
and professional liability
insurance at all times. Our
certificate of insurance is
currently on file with the City
(and shown to the right). Upon
project award, we will be happy
to provide insurance documents
(endorsements and Certificates)
as required for this project.

We also acknowledge that Project
Managers and Key Staff will file
Form 700 with the City of Orinda.

LCC has reviewed both
Addendum’s issued for this SOQ.

COST PROPOSAL AND FEE SCHEDULE
A cost proposal with detailed cost breakdown of all work elements described in this proposal is provided in a separate sealed envelope along with LCC’s current rate schedule. LCC understands that compensation will be based on a time and materials basis with no‐to‐exceed amounts for each phase of the work.

Item I.4
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CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: September 1, 2026
SUBJECT:

EXECUTIVE SUMMARY:

RECOMMENDATION:

BACKGROUND:

East Bay Municipal Utility District (EBMUD) has an upcoming Pipeline Replacement Project in the La Cresta area. The La Cresta Cluster Water Main Replacement project is anticipated to start on September 14, 2026, and be completed by June 30, 2027. The Project includes replacing 8,505 feet of water main along La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way.

The main impact to vehicular traffic from the Pipeline Replacement Project is the trenching work to install the new water main. Due to the narrow width of the roadway, a full road closure is necessary to safely perform the work. In general, there is insufficient room to safely maintain one-lane traffic control during construction.

DISCUSSION:

When there is a proposed full road closure of a public road, a traffic order/resolution must be approved by the City Council before City staff issues a road closure permit.

EBMUD is proposing to implement the road closure and detour sequentially in portions as outlined in the attached Traffic Control Plans (Attachment B). EBMUD will send out notification letters to all residents in the project vicinity informing them about the upcoming project and the proposed road closure and detour plan.

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The road closure will be limited to Monday through Friday, between the hours of 7:00 a.m. and 4:30 p.m.

The contractor will maintain vehicular access to residents within the closure limits and will have necessary trench plates and equipment on site to provide access to emergency vehicles, school buses, mail delivery, and trash pickup.

Any trench excavation in the City requires the contractor to install a final paving that extends at least a foot on each side of the trench (T-Cut).

Extensions:

Unforeseen construction conditions—such as weather and procurement delays—are not uncommon. To provide flexibility for road closures, Staff requests that the City Council authorize the City Manager or their designee to approve extension requests upon receiving a valid justification. Extensions will be limited to a maximum of three months beyond the original approved road closure end date. Further requests for extension will require City Council approval.

FISCAL IMPACT:

City staff will coordinate with EBMUD staff, and their construction team, to ensure adherence to traffic control plans and provide inspection oversight during the project. As part of the issuance of the encroachment permit, the City typically collects a fee for inspection of construction activities. The estimated fee for this permit is around $15,000.

Actual fee will be calculated upon issuance of an encroachment permit.

STRATEGIC PLAN INITIATIVE:

Not Applicable.

ATTACHMENTS:

A. Resolution 69-26 TO 245 La Cresta Cluster Temp Road Closure B. Exhibit A to the Resolution - EBMUD – La Cresta Cluster Water Main Replacement Traffic Control Plans
Prepared by: Sivakumar Natarajan, City Engineer

Respectfully Submitted by,
Scott Christie, Director of Public Works
Approved By:

Linda Smith, City Manager
Item I.5
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RESOLUTION NO. 69-26
TRAFFIC ORDER No. 245

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

AUTHORIZING THE TEMPORARY FULL CLOSURE OF LA CRESTA ROAD,

VALENCIA ROAD, ALTAMONT DRIVE, CARMEN COURT, EL NIDO COURT,

FRANCISCO COURT, AND PORTIONS OF DON GABRIEL WAY
WHEREAS, East Bay Municipal Utility District (EBMUD) needs to construct their water main replacement project in the La Cresta area which will upgrade 8,505 linear feet of existing pipeline; and
WHEREAS, La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way have narrow pavement width and limited workspace; and
WHEREAS, for the safety of all concerned, including public vehicular traffic, it is necessary to fully close these roads to through traffic during construction; and WHEREAS, the road closure and detour will be implemented sequentially in portions as outlined in the approved Traffic Control Plan; and
WHEREAS, the road closure and detour will be removed and the roads made fully available for public use on days when no active work is being carried out; and WHEREAS, residents located in the vicinity of the proposed road closure will need to use temporary detours; and
WHEREAS, EBMUD will inform residents in the project vicinity via mailed letters of the proposed work, and associated road closure and further notification will be provided in advance of start of each road closure; 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 the purpose when the closure is necessary for the safety and protection of the users of the street; and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda hereby authorizes the temporary full road closure of La Cresta Road, Valencia Road, Altamont Drive, Carmen Court, El Nido Court, Francisco Court, and Portions of Don Gabriel Way for the EBMUD La Crest Cluster Pipeline Replacement project from Monday, September 14, 2026, through Wednesday, June 30, 2027, between 7:00 a.m. and 4:30 p.m. The closures will be consistent with the submitted Traffic Control Plan, attached as Exhibit A to this Resolution.

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BE IT FURTHER RESOLVED, that the City Manager or their designee is authorized to approve an extension to the road closure for up to three (3) additional months if unforeseen circumstances or adverse weather conditions are encountered during construction.

Adopted by the City Council of the City of Orinda at a regular meeting 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
Item I.5
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Item I.5
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CITY COUNCIL STAFF REPORT
Department: Planning
Meeting Date: September 1, 2026
SUBJECT:
2026 Annual Development Agreement Compliance Review for the Wilder Project EXECUTIVE SUMMARY:

The City Council will conduct a public hearing to determine whether Orinda Gateway/ OG Property Owners, LLC (“OGLLC”), the Wilder property developer, is in substantial compliance with the terms of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) as amended. As detailed in the proposed resolution, OGLLC is out of compliance with the insurance requirement in the DA and has failed to meet its obligations under resources agency permits as detailed in recent letters from the California Department of Fish and Wildlife (“CDFW”). OGLLC must obtain the required insurance as soon as possible, but no later than October 1, 2026. Additionally, OGLLC must keep the City apprised of its work to comply with the requirements described in the letters from CDFW.

RECOMMENDATION:

Adopt Resolution No. 65-26 (Attachment E) finding, based on all of the evidence set forth below and presented at the hearing, that OGLLC has not complied in good faith with the Development Agreement and related approvals.

BACKGROUND:

OGLLC’s June 3, 2026, Annual Review Report is Attachment A to this Staff Report.

Gateway Development Agreement
On November 15, 1994, the City Council entered into a development agreement with Pacific New Wave Corporation (“PNW”) setting forth terms related to the development of Gateway Valley, located south of SR 24 and Gateway Boulevard, now referred to as the Wilder Development. OGLLC, which acquired the Gateway Property in November 1996 as the successor to PNW, is bound by the terms of the 1994 Development Agreement, as amended. Over the years, there have been nine subsequent amendments.

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On March 15, 2005, the City Council approved the Second Amendment to the Development Agreement which provides for development of up to 245 detached singlefamily residences, and contains provisions for five on-site City playfields, parks, open space, trails, and a community Art and Garden Center (“A&G Center”). The DA also provides the City with substantial financial contributions toward the A&G Center and other community amenities.

Since 2005, there have been additional amendments to the DA. The Seventh DA Amendment, approved in 2016, the Eighth DA Amendment, approved in 2018, and the Ninth DA Amendment, approved in 2024, made significant changes to the Wilder Project:
• The Seventh DA Amendment approved the Wilder Residential Development Standards and Design Review Process that govern the design, the development, and the process for reviewing plans for new homes in the Wilder Project. This Amendment also specified the components of the Art & Garden Center facility and relocated it to Wilder Park. In addition, OG committed to developing a trailhead area at the former Art & Garden Center location, the Red-tailed Hawk Staging Area.
• The Eighth DA Amendment, among other changes, included the adoption of the “Wilder 2018 Circulation Plan,” which depicts the system of trails, paths, roads, meanders and neighborhood connections throughout the Wilder Project. The Wilder 2018 Circulation Plan replaced and superseded the text and figures in the Development Agreement, Final Development Plan, the four Final Maps, and the Final Landscape Master Plan.
• The Ninth DA Amendment acknowledged the possible future implementation of a BART/downtown shuttle as having been assigned to the Wilder HOA; removed the requirement for OGLLC to construct the Red-Tailed Hawk Staging Area, and provided that the entities authorized to take title to the Soil Disposal Area are also authorized to take title to the Red-Tailed Hawk Staging Area; and reduced the amount of liability insurance that OGLLC is required to maintain.

DISCUSSION:

Annual Review Process
Annual Review of the DA is mandated by Government Code Section 65865.1. Article 6 of the DA sets forth detailed procedures for this Annual Review, beginning with OGLLC’s submittal of a report setting forth its “good faith compliance with the [DA’s] terms and conditions.” OGLLC’s Annual Review report shall be accompanied by documents and other information reasonably necessary to enable the City Manager to prepare the staff report to the City Council on OGLLC's good faith compliance with the terms of the DA.

DA § 6.2. DA section 6.3 provides that the City Manager shall review the Annual Review Item J.1
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report “to ascertain whether Orinda Gateway LLC has complied in good faith with the terms of this Agreement and shall prepare a staff report to the City Council on the City Manager’s conclusions and recommendations.”
The City Council is required to conduct a public hearing at which OGLLC, and any other interested persons, may submit evidence, written or oral, and may address all of the issues that are raised in this staff report or that are relevant to the issue of OGLLC’s good faith compliance with the DA. DA § 6.4. After considering all the evidence at the public hearing, the City Council shall determine, based on substantial evidence, whether OGLLC has complied in good faith with the terms and conditions of the DA and related approvals and agreements. The meaning of the term “good faith” varies somewhat with the context in which it is used. However, courts often apply rules of contract interpretation in interpreting development agreements. “Good faith performance or enforcement of a contract emphasizes faithfulness to an agreed common purpose and consistency with the justified expectations of the other party; it excludes a variety of types of conduct characterized as involving ‘bad faith’ because they violate community standards of decency, fairness or reasonableness.” Restatement (Second) of Contracts § 205, Comment a (1979). See also definition of “good faith” in Black’s Law Dictionary: “A state of mind consisting of in (1) honesty in belief or purpose, (2) faithfulness to one’s duty or obligation, (3) observance of reasonable commercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage.”
OGLLC is responsible for all costs that the City reasonably incurs for the Annual Review process. DA § 6.6.1.

City staff will be available during the public hearing to answer questions regarding OGLLC’s Annual Review Report and its compliance with the DA. Staff have also requested that representatives for OGLLC attend.

Staff recommends the Council follow the same hearing process this year as it has in prior years:

1. Item called by presiding officer.

2. Presiding officer reviews order of procedure for public hearing.

3. City Attorney reviews City's ex parte rules.

4. Council members disclose any ex parte communications and site visits occurring outside the public hearing relating to the subject of the hearing

5. Staff summarize the staff report and issues before the Council.

6. Questions from the Council to Staff.

7. OGLLC comment (15 minutes)
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8. Questions from Council to OGLLC.

9. Public comment (3 minutes per speaker).

10.OGLLC rebuttal and concluding remarks (5 minutes)

11.Presiding officer declares public hearing closed and the matter is then before the Council for deliberation and decision.

Remaining Obligations Under the DA and Related Approvals Financial Obligations
An existing agreement between the City and Developer obligates the Developer to reimburse the City for costs associated with the implementation, annual monitoring, and other activities related to the Development Agreement and the project. This agreement was amended in 2024 to address remaining financial obligations related to the City that had previously been covered under the separate Subdivision Improvement Agreement and Sidewalk Agreement. OGLLC currently has on deposit with the City funds sufficient to meet the requirements of section 3 of the agreement as amended in 2024.

This includes $30,000, or $5,000 per location, which will be considered security for sidewalks remaining to be completed, the obligation for which have been assigned to future property owners in case these are not completed. The Developer may request return of the $30,000 in $5,000 increments as the sidewalks are completed only if they are current with their other obligations, including funds owed the Geologic Hazards Abatement District. The balance will be available to reimburse the City if the Developer does not timely do so.

Below is a list of the status of the six locations that are covered by the $30,000 deposit, based on a site review conducted by the Director of Public Works and Engineering on June 8, 2026. The locations are referenced on the attached punch list prepared by Director of Public Works & Engineering, Scott Christie, on June 8, 2026. A map with the locations highlighted in yellow is included as Attachment B to this report.

1. 27 Bigleaf Rd.- sidewalk complete

2. 35 Bigleaf Rd.- sidewalk complete

3. 7 Paintbrush Ln. - sidewalk complete

4. 9 Paintbrush Ln. – Vacant lot, no sidewalk

5. 81 Dairy Creek Ln. –sidewalk complete

6. 85 Dairy Creek Ln. –sidewalk complete
On this basis, five of the locations are complete, and $25,000 is eligible for release once OGLLC is current with its other obligations.

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Additionally, the Developer is obligated to maintain a minimum deposit of $100,000 (in addition to the $30,000 sidewalk deposit). The balance of this deposit account is held by the City.

In addition to the deposit amounts listed above, the City of Orinda holds a separate “Tree Deposit” in the amount of $72,000, made in 2009 in connection with the Wilder Project.

This deposit is distinct from and not included in the cumulative deposit totals referenced above. The City has determined that the preconditions for release of the Tree Deposit have been met. To effectuate release, OGLLC and the City have entered into an agreement, dated April 7, 2026, pursuant to which the City will retain and may use these funds, as needed, for the following purposes:
a. Defaulted Property Taxes. To pay any defaulted or past-due property taxes for any of the Open Space Properties, including but not limited to past-due taxes and assessments, delinquent penalties, delinquent costs, interest, redemption penalties, and redemption fees (the Past-Due Taxes). Note: City and GHAD staff have recently coordinated with the taxing entities – notably Orinda Union and Acalanes school districts – to substantially lower assessment charges on the default and future tax bills.
b. Currently Due Property Taxes. To pay any currently due, non-defaulted property taxes for any of the Open Space Properties (the Currently Due Taxes). c. Future Property Taxes. To pay any future property taxes assessed on any of the Open Space Properties before they are transferred to the GHAD. d. Replenish Reimbursement Agreement Deposit. To replenish the required amount on deposit with the City under the July 21, 2009, Agreement Between the City and OGLLC for Reimbursement of City Costs Related to Processing Entitlements and Other Approvals or Actions for the Wilder Project in Gateway Valley; and the January 3, 2024, Agreement Regarding and Amending Prior Agreements Known as the Subdivision Improvement Agreement, Reimbursement Agreement, and Sidewalk Agreement
The City's discretionary authority to use the Tree Deposit for the purposes listed above does not obligate the City to use the Tree Deposit for such purposes or to provide advance notice to OGLLC prior to utilizing the Tree Deposit. Additionally, on August 17, 2026, the City received written authorization from OGLLC to utilize roughly $12,500 of the Tree Deposit for fuel mitigation recently performed by the GHAD at Wilder Eastern Hills Open Space. Any funds from the retained Tree Deposit not used by the City for the purposes listed above (the Unused Funds) shall remain on deposit with the City until OGLLC has closed on its transfer of the open space properties to the GHAD. Concurrent with or after the transfer of the Open Space Properties to the GHAD, the City may elect, in its sole discretion, to transfer the Unused Funds, if any, to the GHAD, for the GHAD’s use for any of the following purposes:

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• To pay for any grazing or other infrastructure, OGLLC is required to install pursuant to the Long-Term Management Plan to the extent that infrastructure has not been installed at the time of transfer.
• Addressing any violations of the Conservation Easement that may exist at the time of transfer.

If the City does not elect to transfer the Unused Funds to the GHAD, or if the GHAD does not need the Unused Funds for the purposes listed above or does not accept the Unused Funds for any reason, the City and OGLLC will meet and confer in good faith regarding the use or disposition of the Unused Funds.

A copy of the Letter Agreement is included as Attachment C (Wilder Project – Letter Agreement Regarding City’s Retention of Tree Deposit).

Based on the information above, OGLLC is in compliance with their financial obligations to the City.

Insurance
DA section 5.2 requires OGLLC to maintain liability insurance insuring against bodily injury, property damage and personal injury liability arising out of OGLLC’s activities under the DA, with a combined single liability limit of not less than $1,000,000.00 (subject to the CPI) per occurrence. It is important to note that prior to the Ninth DA Amendment in 2024, a much higher limit ($7,600,000.00) was required, but that was reduced to $1,000,000.00 at OGLLC’s request as part of the Ninth DA Amendment. Unfortunately, OGLLC is now out of compliance with the insurance requirement in the DA, even though the amount of required insurance was reduced. OGLLC has not provided the City with Insurance Certificates documenting compliance with this requirement. Staff believe thirty (30) days should be a reasonable and adequate amount of time for OGLLC to obtain the required insurance and come into compliance with this requirement.

Noncompliance with Obligations Under Resources Agency Permits The California Department of Fish and Wildlife (CDFW) recently sent letters (Attachment D) to OGLLC describing various permit compliance issues and directing OGLLC to come into compliance. Under the DA, OGLLC is obligated to comply with all the requirements of permits obtained for the Wilder Development from CDFW and other resources agencies. As such, OGLLC’s failure to comply with the requirements described in CDFW’s letters is also a violation of the DA. As CDFW’s letters make clear, the primary enforcement mechanism for noncompliance with the resources agency permits is CDFW Item J.1
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calling a bond it holds for that purpose. Staff recommends the City Council also determine OGLLC is not in good faith compliance with the DA in light of its noncompliance with resources agency permits as described in CDFW’s letters to OGLLC.

CDFW’s July 3, 2026, letter “requests that OGLLC provide a Funding and Implementation Plan by August 2, 2026, that clearly and concisely documents how OGLLC will fund and complete the outstanding obligations by December 30, 2026.” In a letter dated August 6, 2026, CDFW provided additional background information and granted OGLLC an extension to September 1, 2026, to provide a “Funding and Implementation Plan” that “clearly and concisely documents how OGLLC will fund and complete the Secured Obligations by December 30, 2026. Staff suggest OGLLC be directed to keep the City apprised of its efforts to come into compliance with the requirements described in CDFW’s letters.

FISCAL IMPACT:

There is no direct fiscal impact associated with this item. OGLLC is responsible for reimbursing the City for the cost of preparing the Annual Review.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:

A. OGLLC’s June 3, 2026, Annual Review Report
B. Wilder Sidewalk Map Punch List, updated June 8, 2026 C. Wilder Project – Letter Agreement Regarding City’s Retention of Tree Deposit D. CDFW July 3, 2026, and August 6, 2026, Letters to OGLLC [attachments available upon request]
E. Proposed Resolution No. 65-26
F. September 1, 2026, City Council Presentation
Prepared by: Celina Palmer, AICP, Associate Planner
Respectfully Submitted by,
Lashun Cross, Planning Director
Approved By:

Linda Smith, City Manager
Item J.1
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Attachment A.

OGLLC’s June 3, 2026
Annual Review Report
Item J.1
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OGLLC
2894 S. Coast Highway, Laguna Beach, CA 92651 ~ 949.833.0222 To: Linda Smith, City Manager
City of Orinda (“City”)
Cc: Lashun Cross, Director of Planning
Osa Wolff City Attorney
Members, Orinda City Council
From: OGLLC Property Owner, LLC ("OGLLC"), as successor in interest to Orinda Gateway, LLC
Date: June 3, 2026
Re: Annual Review of Wilder Project

INTRODUCTION
Gateway Development Agreement On November 15, 1994, the City Council entered into a development agreement with Pacific New Wave Corporation (“PNW”) setting forth terms related to the development of Gateway Valley, located south of SR 24 and Gateway Boulevard, now referred to as the Wilder Development. Over the years, there have been nine subsequent amendments. OGLLC, which acquired the Gateway Property in November 1996, is bound by the terms of the 1994 Development Agreement, as amended.

This Annual Review reflects all prior amendments, including the Ninth DA Amendment, adopted in January 2024.
2026 REPORT
The resolution of all remaining issues and outstanding obligations related to Wilder have been approached on a bifurcated basis:

Subdivision Improvements
The obligations related to the completion of the “internal” subdivision improvements and related obligations have been fully resolved, fully completed and expressly accepted by the City of Orinda (“City”). In January 2024, the City approved a Ninth Development Agreement Amendment, Final Development Plan Clarification, and Amended Reimbursement Agreement. A key component of this is that the improvements required under the Subdivision Improvement Agreement have been satisfied and that will allow for the release of the remaining subdivision bonds with any remaining financial considerations addressed in the Amendment Reimbursement Agreement. Pursuit to the direction previously provided by the City Council, these recommended actions represent a comprehensive resolution of the subdivision-related items that remain outstanding after the balance of items were completed by the OGLLC to the City’s satisfaction. Outlined below are the relevant provisions of each of the items which the City Council approved in January 2024.

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Wilder Annual Review
June 2026
2 Final Development Plan Modification
The FDP Amendment incorporated several planning entitlements, ordinances, and related approvals that are relevant to governing current and future development in Wilder into the FDP by reference so that all governing standards can be found in one place and reflects the elimination of the Red Hawk Staging Area per the request of the EBRPD.

Subdivision Improvement Agreement, Reimbursement Agreement, and Sidewalk Agreement The following funds remain on deposit with the City:
• Developer Deposit Account Subdivision Deposit Accounts – $59,179.69. • Subdivision Deposit Accounts – $101,579.00
• Other Deposit Accounts - $50,000.00
Of these amounts, $30,000, or $5,000 per location, was considered as security for sidewalks remaining to be completed, the obligation for which have been assigned to future property owners in case these are not completed. The Developer herein requests an update from the City and related return of the $30,000 in $5,000 increments as the sidewalks are completed. Note: This $30,000 is included within the cumulative deposit totals listed above and is not a separate or additional amount.

In addition to the deposit amounts listed above, the City of Orinda holds a separate “Tree Deposit” of approximately $72,000, which was made in 2009 in connection with the Wilder Project. This deposit is distinct from and not included in the cumulative deposit totals referenced above. The City has determined that the preconditions for release of the Tree Deposit have been met; however, OGLLC and the City have entered into a side agreement (dated April 2026) pursuant to which the City will retain and may use these funds, as needed, toward costs associated with the close-out of the Wilder Project, including payment of past-due and current property taxes on the Open Space Properties pending their transfer to the Orinda Geologic Hazard Abatement District (GHAD), replenishment of the Reimbursement Agreement deposit, and other project close-out costs. A copy of the Letter Agreement is attached hereto as an exhibit.

Resource Management Plan
OGLLC is working with the State and resources agencies to ensure that the obligations are met related to the open space areas (subject to conservation easements) to be owned long-term by the Orinda Geologic Hazard Abatement District, the East Bay Municipal Utilities District, and the East Bay Regional Parks District.

Historical Information from previous Annual Review Periods:

The information in the 2025 annual report is included by reference.

OGLLC appreciates the opportunity to submit this 2026 DA Annual Review Report.

Chris Yelich
Its Manager
Item J.1
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Attachment B.

Wilder Sidewalk Map
Punch List, updated
June 8, 2026
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Item J.1
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Attachment C.

Wilder Project – Letter
Agreement Regarding
City’s Retention of
Tree Deposit
Item J.1
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22 Orinda Way  Orinda  California  94563
General Information Administration Planning Parks & Recreation Police Public Works (925) 253-4200 (ph) (925) 253-4220 (ph) (925) 253-4210 (ph) (925) 254-2445 (ph) (925) 254-6820 (ph) (925) 253-4231 (ph) (925) 254-9158 (fax) (925) 254-2068 (fax) (925) 253-7719 (fax) (925) 253-7716 (fax) (925) 254-9158 (fax) (925) 253-7699 (fax) April 7, 2026
Via E-Mail and Regular Mail
Chris Yelich
OG Property Owner, LLC
2894 South Coast Highway, Suite 1
Laguna Beach, CA 92651
[email protected]
Re: Wilder Project – Letter Agreement Regarding City’s Retention of Tree Deposit Dear Chris:

As you are aware, the City of Orinda (City) holds a tree deposit in the amount of seventy-two thousand dollars ($72,000) (Tree Deposit) in connection with the Wilder Project. The City has determined that the preconditions for release of the Tree Deposit have been met.

As you are also aware, OG Property Owner, LLC (OGLLC) is obligated to transfer certain open space parcels within the Wilder Project to the Orinda Geologic Hazard Abatement District (GHAD), including: the Development Buffer (Parcels CC and PP, APNs 273-270-001-4, 273-280-001-2, 273-280-004-6); Eastern Hills (Parcel KK, APN 273-280-002-0); and Quarry Hill (Parcel LL), APN 273-270-006-3 (together, the Open Space Properties).

This letter sets forth the terms of an agreement (Agreement) between the City and OGLLC related to the City’s retention and use of the Tree Deposit. OGLLC and the City agree that the Tree Deposit shall be held and used by the City as follows:

1. City Retention of Tree Deposit and Acknowledgment of Non-Release.

OGLLC acknowledges and agrees that, unless as otherwise expressly set forth herein, the City will continue to retain the Tree Deposit, notwithstanding the fact that the preconditions for its release have been met. OGLLC acknowledges and agrees that the City may, at its sole discretion, use the Tree Deposit in full or in part for any of the following purposes:
a. Defaulted Property Taxes. To pay any defaulted or past-due property taxes for any of the Open Space Properties, including but not limited to past-due taxes and assessments, delinquent penalties, delinquent costs, interest, redemption penalties, and redemption fees (the Past-Due Taxes). As of the date of this Agreement, based on the amounts currently shown in the records of the Contra Costa County Treasurer-Tax Collector (County Tax Records), such Past-Due Taxes are as follows:

Docusign Envelope ID: 4063C061-7E68-84BC-83A4-77F2DB208100 Item J.1
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22 Orinda Way  Orinda  California  94563
General Information Administration Planning Parks & Recreation Police Public Works (925) 253-4200 (ph) (925) 253-4220 (ph) (925) 253-4210 (ph) (925) 254-2445 (ph) (925) 254-6820 (ph) (925) 253-4231 (ph) (925) 254-9158 (fax) (925) 254-2068 (fax) (925) 253-7719 (fax) (925) 253-7716 (fax) (925) 254-9158 (fax) (925) 253-7699 (fax) • Development Buffer: $19,222.02
• Eastern Hills: $5,435.69
• Quarry Hill: $5,795.53
• Total amount: $30,453.24
If the amount of the Past-Due Taxes changes, the City may use the Tree Deposit to pay any such changed amount.
b. Currently Due Property Taxes. To pay any currently due, non-defaulted property taxes for any of the Open Space Properties (the Currently Due Taxes). As of the date of this Agreement, based on the amounts currently shown in the County Tax Records, such Currently Due Taxes are as follows:
• Development Buffer: $1,891.52
• Eastern Hills: $782.61
• Quarry Hill: $646.62
• Total amount: $3,320.75
If the amount of Currently Due Taxes changes, the City may use the Tree Deposit to pay any such changed amount.
c. Future Property Taxes. To pay any future property taxes assessed on any of the Open Space Properties before they are transferred to the GHAD.
d. Replenish Reimbursement Agreement Deposit. To replenish the required amount on deposit with the City under the July 21, 2009 Agreement Between the City and OGLLC for Reimbursement of City Costs Related to Processing Entitlements and Other Approvals or Actions for the Wilder Project in Gateway Valley; and the January 3, 2024 Agreement Regarding and Amending Prior Agreements Known as the Subdivision Improvement Agreement, Reimbursement Agreement, and Sidewalk Agreement.

2. No Relief of OGLLC Obligations.

Nothing in this Agreement shall relieve OGLLC of its obligation to timely pay any of the amounts described in Paragraph 1 above. The City's discretionary authority to use the Tree Deposit for the purposes listed above does not obligate the City to use the Tree Deposit for such purposes or to provide advance notice to OGLLC prior to utilizing the Tree Deposit.

3. Retention and Transfer to GHAD of Unused Funds.

Any funds from the retained Tree Deposit not used by the City for the purposes listed above (the Unused Funds) shall remain on deposit with the City until OGLLC has closed on its transfer of the open space properties to the GHAD.

Concurrent with or after the transfer of the Open Space Properties to the GHAD, the City may elect, in its sole Docusign Envelope ID: 4063C061-7E68-84BC-83A4-77F2DB208100 Item J.1
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22 Orinda Way  Orinda  California  94563
General Information Administration Planning Parks & Recreation Police Public Works (925) 253-4200 (ph) (925) 253-4220 (ph) (925) 253-4210 (ph) (925) 254-2445 (ph) (925) 254-6820 (ph) (925) 253-4231 (ph) (925) 254-9158 (fax) (925) 254-2068 (fax) (925) 253-7719 (fax) (925) 253-7716 (fax) (925) 254-9158 (fax) (925) 253-7699 (fax) discretion, to transfer the Unused Funds, if any, to the GHAD, for the GHAD’s use for any of the following purposes:
• To pay for any grazing or other infrastructure OGLLC is required to install per the Long Term Management Plan to the extent that infrastructure has not been installed at the time of transfer.
• Addressing any violations of the Conservation Easement that may exist at the time of transfer.

4. General Provisions.

This Agreement constitutes the entire agreement between the City and OGLLC with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

If you have any questions regarding this Agreement, please contact me at (925) 253 4222 to discuss at your convenience.

Best regards,
______________________________
Linda Smith
City Manager, City of Orinda
Acknowledged and Agreed:
______________________________
Chris Yelich
OG Property Owner, LLC
Dated: _____________
2015054.1
Docusign Envelope ID: 4063C061-7E68-84BC-83A4-77F2DB208100 4/8/2026
4/13/2026
Item J.1
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Attachment D.

CDFW July 3, 2026
and August 6, 2026
Letters to OGLLC
[attachments available upon request]
Item J.1
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STATE OF CALIFORNIA GAVIN NEWSOM, Governor
DEPARTMENT OF FISH AND WILDLIFE MEGHAN HERTEL, Director Bay Delta Region
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
wildlife.ca.gov
Conserving California’s Wildlife Since 1870
July 3, 2026
Chris Yelich, Manager
OG Property Owner, LLC
[email protected]
Subject: Wilder Project Notice of Breach of Secured Obligations Dear Mr. Yelich:

The California Department of Fish and Wildlife (CDFW) requests that OG Property Owner LLC (“OGLLC”) provide a clear and concise plan to cure its failures to comply with its remaining obligations related to the Wilder Project.
1 These obligations are required pursuant to the
Streambed Alteration Agreement No. R3-2001-0094 (“SAA”), take authorization under the California Endangered Species Act Consistency Determination No. 2080-2004-017-03 (“Take Authorization”), and the Final Resource Management Plan for the Montanera Project (“RMP”). These obligations are secured by surety bond number 1018245 issued on September 8, 2009 and are hereafter referenced as the “Secured Obligations.” Because OGLLC is in breach of the Secured Obligations, CDFW requests that OGLLC provide a Funding and Implementation Plan by August 2, 2026, that clearly and concisely documents how OGLLC will fund and complete the outstanding obligations by December 30, 2026. Because OGLLC is in breach of its Secured Obligations, CDFW intends to issue a determination that OGLLC is in default of the Secured Obligations if OGLLC does not provide clear evidence that it is on track to complete the outstanding obligations through a Funding and Implementation Plan. Failure to submit an adequate Funding and Implementation Plan by August 2, 2026, will result in CDFW determining that OGLLC is in default at which point CDFW will take steps to call on the surety bond.

During the extended period of time that OGLLC has been in breach of its outstanding Secured Obligations, OGLLC has had ample opportunity to cure its noncompliance.

Although OGLLC has recently completed the approval process for its three grazing plans it has provided no demonstration that it is working towards remedying the other outstanding obligations. Now, with recent approval of the third and final grazing plan, CDFW, along with the East Bay Regional Park District (EBRPD), East Bay Municipal Utility District (EBMUD), and Orinda Geologic Hazard Abatement District (GHAD) (EBRPD, EBMUD, and GHAD are 1 The Wilder Project was formerly known as the Montanera Project and prior to that the Orinda Gateway Project.

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Chris Yelich, Manager
OG Property Owner, LLC
July 3, 2026

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collectively referred to as the “Future Property Owners”), are eager for OGLLC to complete its outstanding obligations in order to mitigate the Wilder Project’s impacts on fish and wildlife and their habitat, as well as to facilitate OGLLC’s transfer of the Mitigation Properties2 to the Future Property Owners. Those transfers are as follows:

1. East Bay Regional Park District – Western Hills Open Space Area

2. East Bay Municipal Utility District – Moraga Creek Open Space Area, and Indian Valley Preserve

3. Orinda Geologic Hazard Abatement District – Eastern Hills Open Space Area, Quarry Hill Open Space Area, and Development Buffer Area
CDFW and the Future Property Owners are concerned that OGLLC lacks the financial ability to complete its obligations. In multiple conversations with CDFW, OGLLC indicated it lacked funding to complete the outstanding Secured Obligations. More detail is provided below, but such obligations include: installing infrastructure improvements on the Mitigation Properties, remediating unauthorized trails at the Eastern Hills Open Space Area and the Western Hills Open Space Area, and purchasing mitigation credits. At present, and subject to additional evaluation, CDFW estimates approximately $2,054,786 is required to satisfy OGLLC’s outstanding Secured Obligations in order to mitigate the Wilder Project’s impacts on fish and wildlife and their habitat and to facilitate OGLLC’s transfer of the Mitigation Properties to the Future Property Owners.

A summary of OGLLC’s outstanding Secured Obligations is set forth immediately below, followed by a table consolidating the most relevant information.

Outstanding Secured Obligation #1: Wetland and Riparian Mitigation The SAA and Take Authorization both require mitigation for impacts to wetlands and riparian habitat. Dating from at least 2020, OGLLC has acknowledged that 0.71 acres of wetlands and 1.27 acres of riparian mitigation remain outstanding. Because on-site mitigation failed to meet mitigation targets, CDFW will accept mitigation in the form of a credit purchase from Oursan Ridge Conservation Bank, a CDFW-approved mitigation/conservation bank that sells the types of credits that would suitably replace the failed onsite mitigation. As of March 2026, the price of credits from Oursan Ridge Conservation Bank was $27,360/acre for wetland credits and $65,360/acre for riparian credits. It is expected that credit pricing will increase over time. If identified credits are no longer available, then OGLLC can work with CDFW to identify an ecologically suitable alternative conservation bank. 2 The Westen Hills Open Space Area, Morage Creek Open Space Area, Indian Valley Preserve, Eastern Hills Open Space Area, Quarry Hill Open Space Area, and Development Buffer Area are collectively referred to as the Mitigation Properties.

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Chris Yelich, Manager
OG Property Owner, LLC
July 3, 2026

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Outstanding Secured Obligation #2: Infrastructure Improvements on Land to Be Transferred to the Future Property Owners
The RMP requires OGLLC to complete improvements on the Mitigation Properties per the approved grazing plans, including: fences, gates, corrals, livestock water facilities, and one clear-span bridge, all of which will be necessary to allow efficient management and achieve the objectives. These actions must be complete prior to conveying the Mitigation Properties to each of the Future Property Owners. The property improvement obligations should have been completed by the developer as start-up activities during the 10-year initial monitoring period post-issuance of the CDFW Permits. These obligations have been delineated and described by mitigation grazing unit areas, outlined in letters from the respective Future Property Owners, and submitted to OGLLC on August 14, 2025, September 29, 2025, and October 2, 2025. The total cost of infrastructure improvements on all the Mitigation Properties is estimated to be $1,251,500.

Outstanding Secured Obligation #3: Outstanding Maintenance Obligation Approximately 60 acres of grassland at the Western Hills Open Space Area has converted to coyote brush due to OGLLC’s failure to properly maintain the vegetation. OGLLC is required to address this conversion to reduce the amount of coyote scrub habitat to 24.8 acres as required by the RMP and Long-Term Management Plan for the Western Hills Open Space Area. By letter dated October 2, 2025 from EBRPD, it estimated the cost to address the coyote scrub habitat and reduce the coyote brush area from 60 acres to 24.8 acres to be $175,000.

Outstanding Secured Obligation #4: Unpaid Property Taxes As of this letter’s date, OGLLC has unpaid property tax obligations on all the Mitigation Properties. Because OGLLC is responsible for managing the Mitigation Properties until transfer to the Future Property Owners as outlined in the conservation easements required by the RMP, OGLLC remains responsible for paying all current and past due taxes on the Mitigation Properties. As detailed in letters to OGLLC from EBMUD (dated August 14, 025), GHAD (dated September 29, 2025), and EBRPD (dated October 2, 2025), the total amount of unpaid property taxes estimated as of the dates of those letters was approximately $144,573. It is expected that unpaid property taxes have increased since then.

Outstanding Secured Obligation #5: Remediate Unauthorized Trails By letters to OGLLC dated July 22, 2024 from the Wildlife Heritage Foundation to OGLLC, and September 28, 2025 from GHAD, OGLLC was notified of trespassing onto the Eastern Hills Open Space Area and creation of unauthorized trails. Similarly, by letters to OGLLC dated October 2, 2025, from EBRPD, and June 4, 2026, from the Wildlife Heritage Foundation, OGLLC was notified of trespassing onto the Western Hills Open Space Area and creation of Docusign Envelope ID: D0D8C037-7D1F-896A-81C5-D58775407029 Item J.1
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Chris Yelich, Manager
OG Property Owner, LLC
July 3, 2026

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unauthorized trails. The RMP prohibits unauthorized trails and requires OGLLC to remove any that are found. As of this letter’s date CDFW is not aware of any action by OGLLC to remediate these unauthorized trails. GHAD estimated the cost of remediating the unauthorized trails in the Eastern Hills Open Space Area to be $131,280. EBRPD estimated remediating unauthorized trails in the Western Hills Open Space Area to be approximately $250,000.

As stated above, OGLLC must provide CDFW a Funding and Implementation Plan by August 2, 2026. If CDFW does not receive a Funding and Implementation Plan by this date, or if that Plan fails to provide clear evidence that OGLLC is on track to complete the outstanding Secured Obligations, CDFW intends to call on the bond in order to mitigate the Wilder Project’s impacts on fish and wildlife and their habitat.

If you have any questions, please contact Mia Bianchi, Senior Environmental Scientist (Specialist), at (707) 815-8722 or [email protected]; or Sara Kern, Senior Environmental Scientist (Supervisory), at (916) 531-4465 or [email protected].

Sincerely,
Erin Chappell
Regional Manager
CDFW Bay Delta Region
ec: Melissa Farinha, [email protected]
California Department of Fish and Wildlife
Kevin Takei, [email protected]
California Department of Fish and Wildlife
Sara Kern, [email protected]
California Department of Fish and Wildlife
Mia Bianchi, [email protected]
California Department of Fish and Wildlife
Jason Rosenberg, [email protected]
East Bay Regional Park District
Derek McDonald, [email protected]
East Bay Municipal Utility District
Docusign Envelope ID: D0D8C037-7D1F-896A-81C5-D58775407029 Item J.1
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Chris Yelich, Manager
OG Property Owner, LLC
July 3, 2026

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Kurt Worley, [email protected]
Wildlife Heritage Foundation
Osa L. Wolff, [email protected]
City of Orinda
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Chris Yelich, Manager
OG Property Owner, LLC
July 3, 2026

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Summary of Outstanding Secured Obligations
General mitigation
obligation
Obligations associated
with the Western Hills
Open Space Area
(future owner is East
Bay Reginal Park
District)
Obligations associated with
the Morage Creek Open
Space Area & Indian Valley
Preserve
(future owner is East Bay
Municipal Utility District)
Obligations associated with the
Eastern Hills Open Space Area,
Quarry Hill Open Space Area,
and Development Buffer Area
(future owner is Geologic Hazard
Abatement District)
Secured Obligation #1:

Mitigation credits

0.71 acres wetlands

1.27 acres new riparian habitat
Estimated based on March
2026 pricing at Oursan Ridge
Conservation Bank
Wetland: $27,360/acre
Riparian: $65,360/acre
$102,432.80 n/a n/a n/a
Secured Obligation #2:

Infrastructure Improvements
Prior to Land Transfer
n/a $520,000.00 $450,000.00 $281,500.00
Secured Obligation #3:

Outstanding Maintenance
Obligations
n/a Coyote scrub habitat
management:
$175,000.00
n/a n/a
Docusign Envelope ID: D0D8C037-7D1F-896A-81C5-D58775407029 Item J.1
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Chris Yelich, Manager
OG Property Owner, LLC
July 3, 2026

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Secured Obligation #4:

Unpaid Property Taxes
n/a $62,128.24 $25,027.85 $57,418.16
Secured Obligation #5:

Remediate Unauthorized Trails
n/a $250,000.00 n/a $131,280.00
Totals Estimated
$102,432.80 based
on current pricing
and availability
$1,007,128.24 $475,027.85 $470,198.00
Total estimated amount of outstanding obligations – $2,054,786 Docusign Envelope ID: D0D8C037-7D1F-896A-81C5-D58775407029 Item J.1
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STATE OF CALIFORNIA GAVIN NEWSOM, Governor
DEPARTMENT OF FISH AND WILDLIFE MEGHAN HERTEL, Director Bay Delta Region
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
wildlife.ca.gov
Conserving California’s Wildlife Since 1870
August 6, 2026
Chris Yelich, Manager
OG Property Owner, LLC
[email protected]
Re: Wilder Project Notice of Breach of Secured Obligations Dear Chris Yelich:

The California Department of Fish and Wildlife (CDFW) received your July 16, 2026, request for an extension (Extension Request). Specifically, your request seeks a 45-day extension of CDFW’s August 2, 2026, deadline for OG Property Owner, LLC (OGLLC) to provide a Funding and Implementation Plan that clearly and concisely documents how OGLLC will fund and complete the outstanding obligations by December 30, 2026. The outstanding obligations are secured by bond number 1018245 issued on September 8, 2009, and are referred to as Secured Obligations. Although OGLLC is currently in breach of its Secured Obligations, CDFW grants OGLLC an extension to September 1, 2026, to provide the requested Funding and Implementation Plan.

As mentioned in CDFW’s letter to you dated July 3, 2026, if CDFW does not receive from you a Funding and Implementation Plan by September 1, 2026, that clearly and concisely documents how OGLLC will fund and complete the Secured Obligations by December 30, 2026, CDFW will determine that OGLLC is in default at which point CDFW will take steps to call on the surety bond.

In your Extension Request, you mention the need for additional research by OGLLC. To facilitate that research, CDFW attaches a table to this letter with additional information concerning the Secured Obligations mentioned in CDFW’s July 3 letter. All Attachments referenced within the Secured Obligations table may be accessed through the following CDFW File Transfer link:
https://ftp.wildlife.ca.gov/WebClientNew/index.html/?ShareToken=67921400954110ED5743B0 9078F1E492FC95E5A2.

This link will expire on August 19, 2026, at 12:00am. The password to access the file share link is: Wilder Project.

In granting your request for an extension, CDFW cautions OGLLC against requesting additional time to determine how it will fund or otherwise complete the Secured Obligations Docusign Envelope ID: 50F7F5EB-1F02-8AD8-81DF-4099462FC257 Item J.1
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Chris Yelich, Manager
OG Property Owner, LLC
August 6, 2026

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or failing to provide information that clearly and concisely documents how OGLLC will fund and complete the Secured Obligations by the stated deadline. OGLLC is out of compliance, has had several years to complete the Secured Obligations, and the project’s impacts to fish and wildlife resources remain unmitigated. As interim management and improvements of the Mitigation Properties continue to be neglected, mitigating the impacts to fish and wildlife resources for which the Secured Obligations were created will become more challenging.

Sincerely,
Erin Chappell
Regional Manager
CDFW Bay Delta Region
Ec: Osa L. Wolff, Attorney
City of Orinda
[email protected]
Jason Rosenberg, Assistant General Counsel
East Bay Regional Park District
[email protected]
Derek McDonald, General Counsel
East Bay Municipal Utility District
[email protected]
Kurt Worley, Executive Director
Wildlife Heritage Foundation
[email protected]
Kevin Takei, Office of General Counsel
California Department of Fish and Wildlife
[email protected]
Melissa Farinha, Environmental Program Manager
California Department of Fish and Wildlife
[email protected]
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Chris Yelich, Manager
OG Property Owner, LLC
August 6, 2026

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Sara Kern, Senior Environmental Scientist, Supervisor
California Department of Fish and Wildlife
[email protected]
Mia Bianchi, Senior Environmental Scientist, Specialist California Department of Fish and Wildlife
[email protected]
Docusign Envelope ID: 50F7F5EB-1F02-8AD8-81DF-4099462FC257 Item J.1
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Secured Obligations
Surety Bond No. 1018245 (Bond, Attachment 1) provides surety bond coverage to ensure compliance with certain obligations. Sections one through five of the Bond reference and incorporate those obligations pursuant to the following four documents. The secured obligations in these documents are further specified in their respective implementation documents and notices as set forth in greater detail with respect to each secured obligation below:
• Streambed Alteration Agreement No. R3-2001-0094 (SAA, Attachment 2). • Take Authorization as established through Consistency Determination, CESA No. 20802004017-03 (Take Authorization, Attachment 3)
• Biological Opinion No. 1-1-02-F-0168 (BiOp, Attachment 4) compliance required pursuant to Take Authorization • Final Resource Management Plan for the Montanera Project (RMP, Attachment 5).

Secured Obligation #1: Mitigation Credits
Basis for Obligation
SAA, Conditions 1, 3, 28, & 30 require creation/restoration of 5.32 acres of wetlands, planting of 9.62 acres of riparian habitat, and implementation of the Resource Management Plan. (Attachment 2) Take Authorization, CESA No. 2080-2004-017-03, determined that the project is consistent with the California Endangered Species Act so long as it complies with Biological Opinion No. 1-1-02-F-0168 (“BiOp”). (Attachment 3) BiOp, pp. 11, 12, 13, 15, 22, and 29 requires implementation and compliance with the RMP. (Attachment 4) RMP, p. 16, § I.A.1.a.iii.(A), requires wetland mitigation; p. 38, § I.A.4.a, & Table 9. Requires riparian planting mitigation; p. 96, § VI.A.1 allows alternative mitigation if proposed mitigation is not achieving performance criteria. (Attachment 5) October 19, 2020 letter from LSA identifying 0.71 acre shortfall in wetlands mitigation and 1.27 acre shortfall in riparian habitat mitigation. (Attachment 6)
Estimated Cost: $102,432.80

0.71 acres wetlands
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1.27 acres new riparian habitat
Estimated based on March 2026 pricing at Oursan Ridge Conservation Bank Wetland: $27,360/acre
Riparian: $65,360/acre
Secured Obligation #2: Infrastructure Improvements Prior to Land Transfer Area: Western Hills Open Space Area
(future owner is East Bay Reginal Park
District (EBRPD))
Area: Moraga Creek Open Space Area
and Indian Valley Preserve
(future owner is East Bay Municipal
Utility District (EBMUD))
Area: Eastern Hills Open Space Area,
Quarry Hill Open Space Area, and
Development Buffer Area
(future owner is Geologic Hazard
Abatement District (GHAD))
Basis for Obligation
RMP, p. 56, § I.B.4.k requires installation
of signage, pp. 58-60, §I.C requires
preparation and implementation of
grazing plans including fencing and
developing alternative water sources.
(Attachment 5)
Grazing Management Plan, Wilder
Preserve, Western Hills Open Space
Area, November. 2024, pp. 7-9 § 3.5
requires installation of infrastructure by
OGLLC. (Attachment 7)
Letter from EBRPD to OGLLC dated
October 2, 2025, specifying cost
estimates for infrastructure work.
(Attachment 10)
Basis for Obligation
RMP, p. 56, § I.B.4.k requires installation
of signage, pp. 58-60, §I.C requires
preparation and implementation of
grazing plans including fencing and
developing alternative water sources.
(Attachment 5)
Grazing Management Plan Morage
Creek Open Space and Indian Valley
Preserve, Wilder Preserve, November
2024, pp. 5-6, § 3.5 requires installation
of infrastructure by OGLLC.
(Attachment 8)
Letter from EBMUD to OGLLC dated
August 14, 2025, specifying cost
Basis for Obligation
RMP, p. 56, § I.B.4.k requires installation
of signage, pp. 58-60, §I.C requires
preparation and implementation of
grazing plans including fencing and
developing alternative water sources.
(Attachment 5)
Grazing Management Plan Quarry Hill
and Eastern Hills Open Space, Wilder
Preserve, January 2025, pp. 5-6, § 3.5
requires installation of infrastructure by
OGLLC. (Attachment 9)
Letter from GHAD to OGLLC dated
September 29, 2025, specifying cost
estimates for infrastructure work.
(Attachment 12)
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estimates for infrastructure work.
(Attachment 11)
Estimated Cost:
$345,000
Estimated Cost:
$450,000
Estimated Cost:
$150,250
Secured Obligation #3: Outstanding Maintenance Obligations – coyote scrub habitat management on the Western Hills Open Space Area (future owner is EBRPD)
Basis for Obligation
RMP, pp. 88-89, § III.C.1. (Attachment 5)
Letter from EBRPD to OGLLC dated October 2, 2025, identifying need to address approximately 35.2 acres of habitat that converted to coyote scrub. (Attachment 10)
Estimated Cost:
$175,000 (Attachment 10)
Secured Obligation #4: Unpaid Property Taxes
Area: Western Hills Open Space Area
(future owner is EBRPD)
Area: Moraga Creek Open Space Area
and Indian Valley Preserve
(future owner is EBMUD)
Area: Eastern Hills Open Space Area,
Quarry Hill Open Space Area, and
Development Buffer Area
(future owner is GHAD)
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Basis for Obligation
SAA, Condition 4, requires protecting
the preserve area in perpetuity with a
conservation easement and
maintaining the property during the
Initial Monitoring Period. (Attachment
2)
Take Authorization, CESA No. 2080-
2004-017-03, determined that the
project is consistent with the California
Endangered Species Act so long as it
complies with biological opinion No. 1-
1-02-F-0168. (Attachment 3)
BiOp, p. 10 requires conserving the
preserve area with a conservation
easement. (Attachment 4)
RMP pp 83-90, § III requires ongoing
maintenance and management of the
preserve area during the Initial
Monitoring Period (defined as ten years
from project groundbreaking or until
such time as the RMP’s success criteria
is met or otherwise approved by the
Resource Agencies), p. 91, § IV.

Identifying the conservation easement
to be placed over the preserve area.
(Attachment 5)
Conservation easement dated June 12,
2006, granted by Orinda Gateway, LLC,
and its successors and assigns, to
Wildlife Heritage Foundation, with
Basis for Obligation
SAA, Condition 4 requires protecting
the preserve area in perpetuity with a
conservation easement and
maintaining the property during the
Initial Monitoring Period. (Attachment
2)
Take Authorization, CESA No. 2080-
2004-017-03, determined that the
project is consistent with the California
Endangered Species Act so long as it
complies with biological opinion No. 1-
1-02-F-0168. (Attachment 3)
BiOp, p. 10 requires conserving the
preserve area with a conservation
easement. (Attachment 4)
RMP pp. 83-90, § III requires ongoing
maintenance and management of the
preserve area during the Initial
Monitoring Period (defined as ten years
from project groundbreaking or until
such time as the RMP’s success criteria
is met or otherwise approved by the
Resource Agencies), p. 91, § IV.

Identifying the conservation easement
to be placed over the preserve area.
(Attachment 5)
Conservation easement dated June 12,
2006, granted by Orinda Gateway, LLC,
and its successors and assigns, to
Wildlife Heritage Foundation, with
Docusign Envelope ID: 50F7F5EB-1F02-8AD8-81DF-4099462FC257 Item J.1
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CDFW as a third-party beneficiary, for
the Western Hills Open Space Area,
Montanera Project, Gateway Valley,
Orinda, Contra Costa County,
California, p. 8, § 9.1 requiring payment
of all property taxes by property owner.
(Attachment 13)
Note: the assessor parcel numbers
(APN) associated with the real property
encumbered by the conservation
easement were updated when the
subdivision map for the project was
recorded in 2008. Information about
the original APNs and associated
current APNs appear in Attachment 16.

CDFW as a third-party beneficiary, for
Moraga Creek Open Space Area and
Indian Valley Preserve Area, Montanera
Project, Gateway Valley, Orinda,
Contra Costa County, California, p. 8, §

9.1 requiring payment of all property
taxes by property owner. (Attachment
14)
Note: the assessor parcel numbers
(APN) associated with the real property
encumbered by the conservation
easement were updated when the
subdivision map for the project was
recorded in 2008. Information about
the original APNs and associated
current APNs appear in Attachment 16.

CDFW as a third-party beneficiary, for
the Eastern Hills Open Space Area,
Quarry Hill Open Space Area and
Development Buffer Area, Montanera
Project, Gateway Valley, Orinda,
Contra Costa County, California, p. 8, §

9.1 requiring payment of all property
taxes by property owner. (Attachment
15)
Note: the assessor parcel numbers
(APN) associated with the real property
encumbered by the conservation
easement were updated when the
subdivision map for the project was
recorded in 2008. Information about
the original APNs and associated
current APNs appear in Attachment 16.

Estimated Cost:
$3,417.12 (Attachment 17)
Estimated Cost:
$39,367.11 (Attachment 17)
Estimated Cost:
$25,283.45 (Attachment 17)
Secured Obligation #5: Remediate Unauthorized Trails
Area: Western Hills Open Space Area (future owner is EBRPD) Area: Eastern Hills Open Space Area, Quarry Hill Open Space Area, and Development Buffer Area
(future owner is GHAD)
Basis for Obligation
RMP, pp. 57-58, § l.B.5.a.iv; pp. 87-88, § III.B require eradication of informal trails. (Attachment 5) Note that Basis for Obligation
RMP, pp. 57-58, § l.B.5.a.iv; pp. 87-88, § III.B require eradication of informal trails. (Attachment 5) Note that Docusign Envelope ID: 50F7F5EB-1F02-8AD8-81DF-4099462FC257 Item J.1
Packet Page 161
pages 86 and 87 are missing from the RMP. It Is believed that those pages were unintentionally omitted when a hard copy of the 2006 RMP was scanned to an electronic version. In place of the missing pages from the RMP are the same
pages from the April 21, 2006 Final Resource Management Plan as Attachment 5b.

Letter from EBRPD to OGLLC dated October 2, 2025,
informing it of unauthorized trails (Attachment 10)
June 4, 2026, letter from Wildlife Heritage Foundation
(conservation easement grantee) to Chris Yellich Brooks Street, notice of conservation easement violation due to presence of unauthorized trails (Attachment 18)
pages 86 and 87 are missing from the RMP. It Is believed that those pages were unintentionally omitted when a hard copy of the 2006 RMP was scanned to an electronic version. In place of the missing pages from the RMP are the same
pages from the April 21, 2006 Final Resource Management Plan as Attachment 5b.

Letter from GHAD to OGLLC dated September 29, 2025,
informing it of unauthorized trails (Attachment 12)
July 22, 2024, letter from Wildlife Heritage Foundation (conservation easement grantee) to Chris Yellich Brooks Street, notice of conservation easement violation due to presence of unauthorized trails (Attachment 20)
Estimated Cost:
$250,000 (Attachment 19)
Estimated Cost:
$131,280 (Attachment 12)
Docusign Envelope ID: 50F7F5EB-1F02-8AD8-81DF-4099462FC257 Item J.1
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Attachment E.

Resolution No. 65-26

Item J.1
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Resolution 65-26
1 RESOLUTION NO. 65-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
DETERMINING THAT OG PROPERTY OWNERS, LLC (“OGLLC”) IS NOT IN GOOD FAITH COMPLIANCE WITH THE TERMS OF THE DEVELOPMENT AND PREANNEXATION AGREEMENT FOR GATEWAY VALLEY (“DA”) AS AMENDED WHEREAS, the City of Orinda (“City”) and Pacific New Wave Corporation (“PNW”) entered into the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) on November 15,1994; and
WHEREAS, Orinda Gateway/OG Property Owners, LLC (“OGLLC”) acquired the Gateway Property as the successor to PNW; and WHEREAS, the City and OGLLC entered into the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) on March 15, 2005; and
WHEREAS, there have been seven amendments to the DA since 2005, nine total amendments since 1994; and
WHEREAS, Article 6 of the DA sets forth detailed procedures for the Annual Review of the DA, including OGLLC’s submittal of a report setting forth its good faith compliance with the DA’s terms and conditions (“Annual Review Report”) and “accompanied by such documents and other information as may be reasonably necessary and available to Orinda Gateway, LLC to enable the City Manager to prepare his or her staff report to the City Council on Orinda Gateway, LLC's good faith compliance with the terms of this Agreement.” (DA § 6.2); and WHEREAS, the City Manager’s staff report to the City Council shall set forth the City Manager’s “conclusions and recommendations” regarding OGLLC’s compliance with the DA (DA § 6.3); and
WHEREAS, on June 3, 2026, OGLLC submitted its Annual Review Report to the City; and
WHEREAS, on August 21, 2026, the City Manager’s staff report was provided to the City Council, OGLLC, the Wilder Homeowners Association, federal, state and local agencies that have an interest in the Wilder Project, other interested persons requesting notice, and posted on the City’s website; and WHEREAS, DA section 5.2 requires that OGLLC maintain liability insurance arising out of OGLLC’s activities under the DA “with a combined single liability limit of not less than $1,000,000.00 (subject to the CPI) per occurrence.” OGLLC has not provided the required insurance certificates to the City documenting its compliance Item J.1
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Resolution 65-26
2 with Section 5.2 of the DA; and
WHEREAS, Under the DA, OGLLC is obligated to comply with all the requirements of permits it obtained for the Wilder Development from the California Department of Fish and Wildlife (“CDFW”) CDFW and other resources agencies; and WHEREAS, the CDFW provided letters dated July 3, 2026 and August 6, 2026 to OGLLC describing various permit compliance issues and directing OGLLC to come into compliance; and
WHEREAS, CDFW’s letters direct OGLLC to provide, by September 1, 2026, a Funding and Implementation Plan, that clearly and concisely documents how OGLLC will fund and complete the outstanding obligations by December 30, 2026; and WHEREAS, the City Council conducted a noticed public hearing on September 1, 2026 to determine whether OGLLC is in good faith compliance with the terms of the DA; and
WHEREAS, DA Section 8.1 (Events of Default) states: “Subject to the provisions of Article VII, any failure by either Party to perform any material term or provision of this Agreement shall constitute an Event of Default, (i) if such defaulting Party does not cure such failure within thirty (30) days following notice of default from the other Party, where such failure is of a nature that can be cured within such thirty (30) day period, or (ii) if such failure is not of a nature which can be cured within such thirty (30) day period, the defaulting Party does not within such thirty (30) day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure. An Event of Default arising from the failure of a Party to make payment of monies due under this Agreement, or to post Security in accordance with this Agreement, shall in all events constitute an Event of Default capable of cure under clause (i), above. Any notice of and Event of Default given hereunder shall specify in detail the nature of the failures in performance which the noticing party claims constitute the Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement.”;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby find, determine and direct as follows:

1. The Council finds, based on all of the evidence set forth above, in the written materials before it and the oral communications on September 1, 2026, that OGLLC has not complied in good faith with the DA and related approvals.

2. The Council directs OGLLC to provide the required insurance certificates to the City by October 1, 2026.

3. The Council directs OGLLC to keep the City apprised of its efforts to come into compliance with the requirements described in CDFW’s letters.

4. A copy of this Resolution shall be provided to OGLLC and shall serve as the Item J.1
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Resolution 65-26
3 City’s notice of Event of Default per DA Section 8.1.

Adopted by the City Council of the City of Orinda at a regular meeting 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
Item J.1
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Staff’s September 1, 2026 City
Council PPT Presentation
Attachment F. Item J.1
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Development Agreement
Compliance Review for the
Wilder Project
2026 ANNUAL REVIEW
Item J.1
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Annual Review Process

1. Item called by presiding officer.

2. Presiding officer reviews order of procedure for
public hearing.

3. City Attorney reviews City's ex parte rules.

4. Council members disclose any ex parte
communications and site visits occurring outside the
public hearing relating to the subject of the hearing

5. Staff summarizes staff report and issues before the
Council.

6. Questions from the Council to Staff.

7. OGLLC comment (15 minutes)

8. Questions from Council to OGLLC.

9. Public comment (3 minutes per speaker).

10. OGLLC rebuttal and concluding remarks (5 minutes)

11. Presiding officer declares public hearing closed and the matter is then before the Council for deliberation
and decision.
4 Item J.1
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Development Agreement Background
•November 15, 1994, the City Council entered into a development agreement with Pacific New Wave Corporation
•OGLLC acquired the Gateway Property in November 1996, as the successor to PNW, is bound by the terms of the 1994 Development Agreement, as amended •Nine amendments later, most notably....
• In 2005, a Second DA Amendment encompassed the proposed development project • In 2016, the Seventh DA Amendment addressed the Wilder Residential Development Standards, Design Review Process, changes to the Art & Garden facility, a trailhead and staging area.
2 Item J.1
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Discussion
Remaining Obligations Under the DA and Related Approvals

1. Financial Obligations

2. Insurance

3. Non-compliance with Obligations Under Resources Agency Permits
5 Item J.1
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Financial Obligations
OG LLC is in compliance.

OGLLC currently has on deposit with the City funds (in the following categories) sufficient to meet the requirements of Section 3 of the Agreement as amended in 2024.

1. Sidewalks

2. Developer Deposit

3. Tree Deposit
6 Item J.1
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Financial Obligations
Tree Deposit
Separate Letter Agreement on file (as of April 2026) to use Tree Deposit balance towards the following:

1. Defaulted Property Taxes

2. Currently Due Property Taxes

3. Future Property Taxes

4. Replenish Reimbursement Agreement Deposit
Portion used this summer for fuel mitigation work per written authorization by OG LLC 8 Item J.1
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Insurance
Developer has provided no evidence of compliance.

DA section 5.2
Requires OGLLC to maintain liability insurance insuring against:
• bodily injury,
• property damage, and
• personal injury liability arising out of OGLLC’s activities under the DA, with a combined single liability limit of not less than $1,000,000.00 (subject to the CPI) per occurrence.
9 Item J.1
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Resource Agency Permitting
10 Developer is non-compliant
• CDFW issued Breach of Secured
Obligations letter on July 3, with
an August 2 response date.
• Developer asked for an
extension to respond.
• CDFW issued a follow up letter,
granting a one-month extension.

Item J.1
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Staff Recommendation
Adopt Resolution No. 65-26, finding, that OGLLC has
not complied in good faith with the Development
Agreement and related approvals.

Item J.1
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CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: September 1, 2026
SUBJECT:

Purchasing Agent Authority for Contracts and Purchases
EXECUTIVE SUMMARY:

The City Council will discuss possible updates to Chapter 2.55 of the Municipal Code.

Specifically, they will discuss Staff proposed updates to clarify how purchasing thresholds apply to related expenditures and multi-year agreements and to better define the respective contracting authority of the City Council and City Manager. The proposed changes would establish an annual purchasing threshold, expand the types of purchases subject to the City Manager’s authority, and increase the City Manager’s purchasing authority from $60,000 to $75,000.

RECOMMENDATION:

Review and discuss the proposed changes clarifying contracting requirements and increasing the City Manager’s purchasing authority from $60,000 to $75,000.

BACKGROUND:

The City last comprehensively updated its purchasing regulations in 2021 through Ordinance No. 21-2. That update consolidated purchasing requirements previously contained in several sections of the Municipal Code and Council-Adopted Policies into Chapter 2.55, incorporated applicable state and federal procurement requirements, and increased the City Manager’s purchasing authority from $25,000 to $60,000.

DISCUSSION:

Title 2, Chapter 2.55 of the Orinda Municipal Code establishes the City’s rules and procedures for purchasing and contracting, including which contracts may be executed under the City Manager’s authority and which require City Council approval. Most contracts requiring City Council approval are considered on the consent calendar.

Currently, Section 2.55.050 authorizes the City Manager to enter into contracts totaling less than $60,000, provided that the expenditure has been budgeted and falls within an approved category.

The purchasing ordinance does not specify whether multiple agreements with the same entity for similar services should be treated as a single agreement or as separate agreements. It does, however, provide that “it is unlawful to split or separate into smaller Item K.1
Packet Page 177
orders the contract or purchase of general services, supplies and equipment for the purpose of evading the competitive bidding provisions of this chapter.” Because the ordinance does not establish a period over which related expenditures must be aggregated, or define what constitutes the same or similar services, it is unclear whether multiple agreements with the same entity must be considered cumulatively over the entire course of the relationship. Under such an interpretation, once cumulative expenditures for the same or similar services exceed the $60,000 threshold, Staff could be required to obtain City Council approval for every subsequent agreement with that entity. This would require the City to track indefinitely not only total expenditures with each entity, but also the nature and scope of the services and projects involved, regardless of whether the agreements relate to distinct projects, budgets, or fiscal years.

Although the ordinance could be interpreted in this manner, such an interpretation does not appear consistent with its intended purpose or with the traditional role of the City Council in reviewing contracts. The table below illustrates some of the questions and concerns that have risen due to the code’s vagaries.

Purchase Described Approval Required
The City enters into a $70,000 agreement
with a contractor for a single project.

Council
The City enters into a $50,000 agreement
with a contractor for a single project.

City Manager
The City enters into a $50,000 agreement
with a contractor for a fencing project and,
six months later, enters into a separate
$20,000 agreement with the same
contractor for a fencing project in another
part of the city.
???
The City enters into a $50,000 agreement
with a contractor for a fencing project and,
several years later, enters into a separate
$20,000 agreement with the same
contractor for a fencing project in another
part of the city.
???
The City enters into a $50,000 agreement
with a contractor for a fencing project and,
several years later, enters into a separate
$20,000 agreement with the same
contractor for a sidewalk project in another
part of the city.
???
The City enters into a five-year agreement
with a contractor to provide the same
services each year at an annual cost of
$20,000, for a total contract amount of
$100,000.
???
Item K.1
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Staff propose several amendments to clarify the role of the City Council and the City Manager in approving contracts, summarized below:
 Establish an annual threshold, for City Manager approved contracts, by adopting language such as “The total amount paid or payable during a fiscal year under a contract or purchase… shall not exceed $X. This applies to multiple contracts or purchases with the same person or entity for the same or substantially similar work….”
 Defining “the same or substantially similar work” to mean items that serve the same or a closely related purpose, are associated with the same project or operational requirement, constitute the same general type or category or purchase or could have been reasonably procured together from the same group of potential vendors.

Conversely, Staff propose establishing that separate purchases may be evaluated independently when they are separately identifiable and independently necessary and have materially different scopes, deliverables, objectives, technical requirements, uses, or potential vendor markets.

In addition to these clarifying amendments, Staff recommends expanding the City Manager’s purchasing authority to encompass all types of purchases and contracts within the applicable purchasing limit. Currently, this authority is limited to consulting and professional services, general services, supplies, equipment, and public projects. Staff therefore recommends broadening the Municipal Code’s definition of “general services” to ensure the City Manager may approve all purchases and contracts within the established limit.

City Manager’s Purchasing Limit
Staff also proposes increasing the City Manager’s purchasing authority. The current $60,000 limit was established in 2021 to align with the lower threshold under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Effective January 1, 2025, the State increased the CUPCCAA threshold from $60,000 to $75,000, an adjustment generally consistent with inflation since the $60,000 threshold was established in 2019.

Staff, therefore, recommends increasing the City Manager’s purchasing authority to $75,000 to maintain consistency with the current CUPCCAA threshold.

At first glance, the proposed increase may appear substantial, as it represents a 25% increase in the City Manager’s purchasing authority. In practice, however, the change would have a relatively limited effect on the agreements presented to the City Council for approval.
 During Fiscal Year 2025–26, the City issued payments to 450 unique vendors. Of those, 42 received more than $60,000, the current threshold for City Council approval, collectively accounting for approximately $13.1 million, or 82% of all vendor payments.

Item K.1
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 Only five of those vendors received between the current threshold of $60,000 and the proposed threshold of $75,000, collectively accounting for approximately $336,000, or 2% of all vendor payments.
 The remaining 37 vendors received more than $75,000, representing approximately $12.8 million, or 80% of all vendor payments.

Accordingly, even with the proposed increase, the City Council would still retain responsibility for reviewing and approving agreements totaling approximately 80% of the City’s vendor expenditures. The table below illustrates the limited practical effect of the proposed increase on the City Council’s overall financial oversight.

Fiscal Year 2025–26 Vendor Payments by Purchasing Authority Threshold Vendor Category
Number of
Vendors
Dollars
Collected
% of Total
Dollars
Collected
Total Vendors 450 $15,994,505 100%
Vendors Collecting More Than $60,000
and Currently Requiring Council
Approval 42 $13,103,334 82%
Vendors Receiving Between $60,000
and $75,000 5 $335,867 2%
Vendors Receiving More Than $75,000
and Requiring Council Approval Under
the Proposed Threshold 37 $12,767,467 80%
When setting purchasing thresholds, City Councils typically balance the value of direct oversight with administrative efficiency. A higher threshold reduces the paperwork required to bring routine agreements to the City Council, allowing Staff to spend more time advancing projects and City Council priorities. It can also shorten procurement timelines, allowing the City to obtain goods and services and deliver results more quickly.

In this case, however, the proposed increase would affect vendors representing only 2% of total vendor payments. Therefore, both the reduction in Staff workload and the effect on procurement timelines are expected to be minimal.

For context, a comparison of purchasing thresholds among nearby peer cities is provided below for the City Council’s consideration. Of note among these, in January 2026, the City of Antioch increased its threshold from $50,000 to $100,000, while at the same time the Town of Moraga increased its threshold from $25,000 to $75,000 and for public projects only, provided for automatic future adjustments tied to CUPCCAA limits. In August 2026, the San Pablo City Council received a report from Eide Bailly LLP recommending that the City increase its threshold to $100,000, based in part on an analysis of comparable agencies. As a result of that study, San Pablo is also considering an ordinance that would provide for automatic future adjustments tied to CUPCCAA limits.

That ordinance is on second reading September 8, 2026.

Item K.1
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Municipal Purchasing Thresholds:
 $175,000: Lafayette
 $125,000: Walnut Creek
 $100,000: Antioch, Oakley, San Ramon
 $95,000: Concord
 $75,000: Martinez, Moraga, Pittsburg
 $60,000: Clayton, Orinda
 $50,000: Brentwood, Hercules, San Pablo
 $45,000: El Cerrito, Pinole
 $25,000: Danville, Pleasant Hill
 $10,000: Richmond
NEXT STEPS:

If the City Council agrees with Staff’s approach, Staff will prepare an item for consideration on the next consent calendar.

FISCAL IMPACT:

There is no direct fiscal impact associated with the proposed amendments. However, the amendments would modify the purchasing requirements applicable to all City expenditures and agreements.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:

None.

WEBLINK(S):

Chapter 2.55 Purchasing and Contracts
Respectfully Submitted by,
Assistant to the City Manager, Cole Haselip
Approved By:

Linda Smith, City Manager
Item K.1
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Orinda City CouncilSeptember 1, 2026

Orinda City Council
September 1, 2026