IMPORTANT NOTICE REGARDING THIS MEETING: To protect our residents, officials, and staff, and in alignment with AB 361 and Orinda City Council Resolution No. 42-21, in which certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting, this meeting will be held by Teleconference.
BY
TELECONFERENCE
VIA
ZOOM WEBINAR
By PC:
MEETING URL:
https://tinyurl.com/ncusvn4h
MEETING ID: 924 9319 5201
By Telephone:
+1 669-900-9128
MEETING ID: 924 9319 5201
CITY COUNCIL
AGENDA
Tuesday, February 1, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 02.01.22
How to follow or participate in the meeting:
Members of the public may observe and participate in the meeting at the teleconference location highlighted above. To ensure that the City Council receives your comments, we strongly encourage you to submit your comments in writing in advance of the meeting by following instructions below:
Send your e-mail to [email protected] by 3pm on the day of the meeting.
Those e-mails will be forwarded to the City Council. They will also be made a part of the public record and be available to view upon request by contacting the City Clerk at [email protected] or 925-253-4221. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box link:
https://cityoforinda.box.com/s/aqrelwbwv0wc37m5hkju2o8a0sta7bup Comments may also be submitted by e-mail during the meeting up until the closure of public comment period on the relevant agenda item. These will be read into the record by staff at their normal cadence and will be limited to a maximum of 3 minutes. To be read into the record, e-mail must contain in the subject line “Public Forum – Not on the Agenda” or “Public Comment – Agenda Item #” with the relevant agenda item indicated.
City Council
Agenda Page 2 02.01.22
To comment orally in real time during the meeting, you may use the Zoom “raise your hand” function on your computer screen or the *9 function on your phone. 7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Nick Kosla, Amy Worth
Vice Mayor Inga Miller, Mayor Dennis Fay
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Recycle Smart Presentation – AB 1383
D.2. Police Chief Sullivan - Receive Police Department Update and Discuss and Provide Direction, if any
E. 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.
F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. January 11, 2022
2. January 18, 2022
F.2. Review of City Council Policy & Procedure Manual
Recommendation:
City Council
Agenda Page 3 02.01.22
Consider Adoption of Resolution No. 05-22 amending the City Council Policy & Procedures Manual or give direction to staff on any further changes.
F.3. Authorize Contract Amendment No. 2 to Professional Planning Services Contract to Interwest Consulting Group for on-call contract planning services.
Recommendation:
Staff recommends the City Council: 1) Authorize the City Manager and City Clerk to execute Contract Amendment No. 2 with Interwest Consulting Group providing a term of up to two years and at a maximum cost of $150,000 and subject to approval as to form by the City Attorney.
F.4. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of February 2nd, 2022 to March 3, 2022 Pursuant to the Provisions of Assembly Bill 361.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Consider the Appeal of MOFD’s Staff Rejection of Dalewood Drive Speed Cushions without a 20 Foot Offset
Recommendation:
Consider TSAC’s recommendation to appeal said rejection to the Moraga Orinda Fire District Board of Appeals, discuss other options and provide direction for next steps
H.2. Temporary Road Closure of a Portion of Camino Sobrante Located North of Lake Cascade near El Ribero Intersection for Central Contra Costa Sanitary District (CCCSD) North Orinda Sewer Renovations, Phase 8 Project.
Recommendation:
City Council
Agenda Page 4 02.01.22
Staff recommends the City Council approve the Traffic Control and Detour Alternatives proposed by CCCSD; and Adopt Resolution 06-22 (Traffic Order #211) Authorizing the Temporary Full Road Closure of a portion of Camino Sobrante, north of Lake Cascade near El Ribero intersection during the following times:
1. Road Closure 1 is scheduled to occur March 2, 2022 to March 25, 2022, Mondays -Fridays from 9:00 am - 3:00 pm.
2. Road Closure 2 is scheduled to occur March 28, 2022 to April 8, 2022, Mondays - Fridays from 9:00 am - 3:00 pm.
for the purposes of CCCSD to perform the project improvements which include replacement of sewer lines.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next Regular Meeting of the Orinda City Council will be held on Tuesday, February 15, 2022 at 7:00 PM.
Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.
Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notice ~
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence and the exercise of discretion. The 90-day limit begins on the date the City Council
Agenda Page 5 02.01.22
decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law, including but not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at 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, regardless of whether it is a regular or special meeting. For information on the next regular or special City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org.
~ 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.
SB 1383
Reducing Short-Lived
Climate Pollutants in
California
February 1, 2022
City of Orinda
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Organic Waste Is the Largest Waste Stream in California
CALIFORNIA DISPOSED OF
APPROXIMATELY
27 MILLION TONS OF
ORGANIC WASTE IN 2017
California’s Waste Stream
Non-Organic
Waste 33%
Other
Organics
19%
Paper 18%
Food 18%
Lumber
12%
IN CALIFORNIA, MILLIONS ARE
FOOD INSECURE
1 IN 8 CALIFORNIANS
1 IN 5 CHILDREN
CALIFORNIA THROWS AWAY
MORE THAN 6 MILLION TONS
OF FOOD WASTE EVERY YEAR!
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Organic Waste
Generators
Self-Haulers Haulers Edible Food
Generators
Edible Food
Recovery
Entities
SB 1383 Ordinance
Jurisdictions
(City, County, Special Districts)
STATE
REGULATIONS
(SB 1383)
Organics
Processing
Facilities
Local
Education
Agencies
Non-Local
Entities
(State & Federal)
RecycleSmart Member Agencies
SB 1383
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE • Take organics to
appropriate facility
• Keep records and provide
upon request
• Recover edible food
• Written agreements
• Keep records and provide
upon request
• Provide 3- stream color coded
containers
• Educate employees and
tenants
• Provide access for inspection
Generator Responsibilities
Organic Waste
Generators
Edible Food Generators
and Recovery Entities Haulers/Self-Haulers
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Monitor Compliance,
Conduct Enforcement &
Implementation Record
Secure Access to
Organics Recycling and
Edible Food Recovery
Capacity
Procure Recyclable
Paper Products
Conduct Education and
Outreach to Community
Establish Edible Food
Recovery Program
Provide Organics
Collection Services to All
Residents and Businesses
RecycleSmart Responsibilities D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE • Annual contamination monitoring and education
requirements
• Organics collection waivers may be issued for de minimis organics production and space constraints
Three-Container “source separated” Collection
Service
• Organics prohibited from black container
• All organic discards segregated for collection and
recycling
• ALL GENERATORS MUST PARTICIPATE
Organic Waste Collection Services
RecycleSmart arranges
organics collection service to
all residents and businesses
SB 1383 IN ACTION
COLLECTION
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Provide tools to commercial entities to assist them with their obligation to educate employees and tenants on correct
separation of discards.
supplement with direct
communication.
provide print or electronic
communication.
Annually educate all organic waste generators, commercial edible food generators, and self-haulers about relevant requirements
RECYCLESMART WILL
RecycleSmart conducts
Education and Outreach
SB 1383 IN ACTION
EDUCATION AND
COMMUNITY
OUTREACH
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Provide information requested by County within 120
days of request to ultimately determine infrastructure
needs
- Identify organics processing capacity
- List of Tier 1 and Tier 2 generators
- List of food recovery organizations
- Estimate of organics and edible food disposed
by Tier One / Two generators
SB 1383 IN ACTION
CAPACITY PLANNING
RECYCLESMART coordinates
with County on Organics and
Edible Food Capacity
Planning
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Requirements Harmonize with AB 1826 and Don’t
Establish a Minimum Quantity of Physical Inspections
Enforcement and Inspection Program
that Includes:
• Deskside review of Commercial Businesses that Generate > 2 Cubic Yards/week
• Verify Businesses are:
• Subscribed to Service or Self-hauling
• Annual Route Reviews of every route to Inspect for
Contamination or twice per year waste evaluations
SB 1383 IN
ACTION
ANNUAL
INSPECTIONS
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Annual Compliance
Reviews
Route Reviews,
Inspections,
Notice of Violations,
Penalties for
Violators
Compliance
Monitoring &
Enforcement
2024
Annual
Compliance
Reviews, Route
Reviews,
Inspections
Educate Violators
Compliance
Monitoring &
Education
2022-2024
Adopt an Ordinance
(Enforceable
Mechanism)
Including
Enforcement
Ordinance
2022
RECYCLESMART REQUIREMENTS
RECYCLESMART to manage
education, compliance and
enforcement
SB 1383 IN ACTION
COMPLIANCE &
ENFORCEMENT
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Jurisdiction
Inspection &
Enforcement
Commercial
Edible Food
Generators
Recycled
Paper
Procurement
Recycled
Organic Waste
Procurement
Edible Food
Recovery
Program
Education &
Outreach
Contamination Waivers
Minimization
Hauler
Program
Organic
Collection
Services
Recordkeeping
Requirements:
RECYCLESMART will
maintain records and
report to CalRecycle
SB 1383 IN ACTION
IMPLEMENTATION
RECORD
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Ensure
Commercial
Edible Food
Generators Have
Access to Food
Recovery Services
Monitor
Commercial Edible
Food Generators
for Compliance
Expand Existing
Food Recovery
Capacity
(if needed)
Identify Existing
Food Recovery
Capacity
Edible Food Recovery Program
RecycleSmart is
establishing an Edible Food
Recovery Program
SB 1383 IN ACTION
EDIBLE FOOD
RECOVERY
PROGRAM
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Tier One & Tier Two Thresholds
Tier one (2022) Tier Two (2024)
Grocery Stores: 10,000 sq feet + Restaurants: 250 seats + Supermarkets: 2 million + revenue Local Education Agencies w/ on site food facility Wholesalers: any size, B2B Health Facility: 100 beds +
Distributors: (e.g. Sysco) Hotels: 200 rooms +
Providers: (e.g. Choice Lunch) Large venues: 2,000 seats + Special events: 2,000 visitors +
14 D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE OrindaTier One
15 NAME LOCATION
ZP Foods, LLC (Republic of Cake PO Box 302
Safeway Store 2 Camino Sobrante
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE OrindaTier Two
16 Name Location
ORINDA COUNTRY CLUB 315 Camino Sobrante
GLORIETTA ELEMENTARY SCHOOL 15 Martha Rd
SLEEPY HOLLOW ELEMENTARY SCHOOL 20 Washington Lane
DEL REY ELEMENTARY SCHOOL 25 El Camino Morga
WAGNER RANCH ELEMENTARY SCHOOL 350 Camino Pablo
MIRAMONTE HIGH SCHOOL 750 Moraga Way
ORINDA INTERMEDIATE SCHOOL 80 Ivy Drive
MIRAMONTE HIGH SCHOOL CONCESS STAND 750 Moraga Way
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Recovery of organic Adopt a WELO waste from mixed C&D + adequate space for
containers in commercial
buildings
Recycled paper and
organic waste product
procurement + related
record keeping
Member Agency Responsibilities
Procurement CalGreen Water Efficient
Landscape Ordinance
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Recovered Organic Waste Product Procurement
• RecycleSmart has an approach to address the organic
waste procurement obligation on behalf of the
member agencies.
• The approach will satisfy each member agency’s
annual obligation.
• Awaiting Orinda’s confirmation of its participation.
18 D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE If Violations
• Issue Notices of
Violation
• May Authorize
Corrective
Action Plan
• Allows up to 24
months to
address barriers
outside of a
jurisdiction’s
control
Oversee and
Monitor for
Compliance
Jurisdiction Review
• Conduct joint
inspections with
jurisdictions
• Review
Implementation
Record
Authorize Waivers
• Low Population
• Rural Areas
Emergency
Circumstances
Oversee and Monitor
• State Agencies
and Facilities
• Local Education
Agencies
CALRECYCLE OVERSIGHT (BEGINS IN 2022)
STATE
ENFORCEMENT
D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE Questions?
20 D.1
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Communication: Recycle Smart Presentation – AB 1383 (ITEMS FOR THE GOOD OF THE AGENDA TITLE: City Council Minutes
RECOMMENDATION:
Approve City Council Minutes:
1. January 11, 2022
2. January 18, 2022
ATTACHMENTS:
A. City Council Minutes of January 11, 2022
B. City Council Minutes of January 18, 2022
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
F.1
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Orinda City Council Minutes Page 1 of 7 01.11.22
January 11, 2022
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: http://orindaca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2081. They are also kept in the City Clerk’s Office as part of the public record and available upon request.
7:00 P.M. – REGULAR MEETING– BY TELECONFERENCE
A. CALL TO ORDER / ROLL CALL:
Mayor Fay called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Darlene Gee, Nick Kosla, Amy Worth Vice Mayor Inga Miller, Mayor Dennis Fay
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Councilmember Worth.
C. ADOPTION OF AGENDA
City Manager Biggs announced there are no revisions to the agenda.
Mayor Fay opened the Public Forum, and there were no speakers or emails.
MOTION by Councilmember Kosla and seconded by Vice Mayor Miller to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Recognition of Orinda Garden Club for Holiday Wreath Project Mayor Fay read the Certificate of Recognition to the Orinda Garden Club for their Holiday Wreath Project.
Linda Thompson, Co-President, introduced co-president Laura Sawczuk and the two cochairs of the Holiday Wreath Project, Shelley Gilligan and Margene Stahle. She thanked the Council for the recognition, spoke of their goals in beautifying Orinda, stated their theme is environmental kindness which she described, and she recognized Troop 237 for taking down all of the 60 wreathes around town and then taking them apart to save and compost.
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Attachment: City Council Minutes of January 11, 2022 (2659 : City Council Minutes) Orinda City Council Minutes Page 2 of 7 01.11.22
Councilmembers thanked the Orinda Garden Club for their wreath decorations for the holidays which the City would not have without the club’s efforts.
Mayor Fay opened the Public Forum, and there were no public comments or emails.
D.2. Introduction of new Administrative Services Director, Doug Alessio City Manager Biggs introduced the City’s new Administrative Services Director, Doug Alessio and described his background and experience, and Mr. Alessio provided brief introductory remarks.
Mayor Fay and Councilmembers welcomed Mr. Alessio to the City of Orinda.
D.3. Introduction of new Associate Planner, Jim Frank
City Manager Biggs introduced the City’s new Associate Planner, Jim Frank and described his background and experience, and Mr. Frank provided brief introductory remarks.
Mayor Fay and Councilmembers welcomed Mr. Frank to the City of Orinda.
Mayor Fay opened the Public Forum, and there were no public comments or emails.
D.4. Annual Comprehensive Annual Financial Report and Audit Overview - Maze & Associates
Recommendation:
Receive presentation by Mr. Katherine Yuen of Maze & Associates and ask any follow-up questions on the audit that was performed for the period ending June 30, 2021.
City Manager Biggs briefly introduced the matter, and Mr. Alessio introduced and welcomed Katherine Yuen, CPA and Partner with Maze & Associates, who has been the City’s audit partner for the last several years.
Katherine Yuen, CPA, Maze & Associates, presented the audit results of FY2021 and provided a PowerPoint presentation on background of Maze & Associates, standards they follow, audit timeline and review and verification of prepared financial statements.
There are new accounting pronouncements through implementation of Statement No. 98 which changes the name to the Annual Comprehensive Financial Report or ACFR. She then described current year highlights and audit results. The City received an unmodified clean opinion, completed an audit on the Transportation Development Act Audit which resulted in the City receiving an unmodified clean opinion. There was no exception noted when calculating the AUP (Appropriation Limit Calculation) and the City is in the process of having completed the Federal Grant Audit or single audit.
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Attachment: City Council Minutes of January 11, 2022 (2659 : City Council Minutes) Orinda City Council Minutes Page 3 of 7 01.11.22
She emphasized the City has received a Certificate of Achievement for Excellence award for their financial reporting for the last 7 years by the Government Finance Officers Association. She then reviewed financial highlights, control deficiencies which resulted in one significant deficiency which has to do with recording of the 2012 loan which was given in prior years but was not recorded on the books until this year. The Memorandum on Internal Control identified no material weaknesses.
In conclusion, she thanked City staff for their cooperation with the audit process and said she was available for questions.
City Manager Biggs spoke of the City’s healthy reserves and designated 6-month emergency reserve fund as well as others that could be used. Regarding the one deficiency, staff identified the loan was not appropriately booked back to 2012 where staff identified an unrecorded asset and worked with auditors.
Mayor Fay and Councilmembers thanked Ms. Maze and the audit team and City staff, and recognized the challenging pandemic environment which required additional work and coordination.
Mayor Fay opened the Public Forum, and there were no speakers or additional emails.
E. PUBLIC FORUM - None
F. CONSENT CALENDAR
Mayor Fay asked and confirmed there was a request from the public to remove Item F.4 and he asked for questions from Councilmembers regarding the contract amendment and confirmed there were no public comments.
Councilmember Worth questioned the repair relative to any future work on the creek and how it might impact it. Mr. Biggs clarified the focus of this work is to repair the bridge under Camino Sobrante and it is not the portion of the creek that would be daylighted or subject to future analysis.
Associate Engineer Scott Christie noted this item relates to the box culvert portion that conveys San Pablo Creek which is a large facility. He clarified a portion is considered a bridge from the standpoint it qualifies as being inspected regularly by Calrans which reveal significant abrasion in some sections of the floor of the concrete culvert. As a result, the City requests the contract amendment with Schaaf and Wheeler to do a more thorough study and staff has confirmed it is a City responsibility to do this work, with some portions qualifying for federal funding.
Mayor Fay and Councilmembers thanked Mr. Christie for his overview and voiced support of approval of Item F.4.
F.1. City Council Minutes
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Attachment: City Council Minutes of January 11, 2022 (2659 : City Council Minutes) Orinda City Council Minutes Page 4 of 7 01.11.22
Recommendation:
Approve City Council Minutes:
1. December 14, 2021 Closed Session
2. December 14, 2021 Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of February 19, 2022 to March 18, 2022 Pursuant to the Provisions of Assembly Bill 361.
F.3. Adoption of Ordinance No. 21-8, An Ordinance Updating Section
17.3.4 (Accessory Dwelling Units) and Section 17.3.12 (Short-Term Rentals) of the City’s Zoning Code in Response to SB 9, a Housing Law Passed by the State Legislature in 2021
Recommendation:
Adopt Ordinance No. 21-8, waiving second reading, An Ordinance Updating Section 17.3.4 (Accessory Dwelling Units) and Section 17.3.12 (Short-Term Rentals) of the City’s Zoning Code in Response to SB 9, a Housing Law Passed by the State Legislature in 2021
F.4. Authorize Contract Amendment No. 2 with Schaaf & Wheeler Consulting Civil Engineers for On-call Civil Engineering Services and Appropriate Funding
Recommendation:
Staff recommends that the City Council approve said Contract Amendment No. 2 to increase the contract limit by an addition of $288,000 to a new total contract amount of $348,000, to extend the term of the agreement to June 30, 2024 and to authorize the City Manager and City Clerk to execute the contract amendment on behalf of the City, subject to approval as to form by the City Attorney.
F.5. Receive Annual Comprehensive Financial Report (ACFR) For June 30, 2021 Including Financial Statements and Audit Reports
Recommendation:
Accept the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2021, including audited financial statements, report of balances, and other associated reports; Memorandum of Internal Controls Report; Gann Appropriations Limit Report; and Transportation Development Act Funds Report. (Note an Overview Presentation is scheduled under the agenda section "Items For The Good of the City") MOTION by Councilmember Gee and seconded by Councilmember Worth to approve Consent Calendar Items F.1, F.1.2, F.2, F.3, F.4 and F.5. Said motion carried by unanimous (5-0) roll call vote.
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Attachment: City Council Minutes of January 11, 2022 (2659 : City Council Minutes) Orinda City Council Minutes Page 5 of 7 01.11.22
G. PUBLIC HEARING – None.
H. POLICY MATTERS
H.1. Possible Ordinance Restricting Sale of Flavored Tobacco and Vaping Products
Recommendation:
Receive Report, Discuss, and Provide Direction, if any.
City Manager Biggs gave the staff report and overview of the matter and return of the item per the Council’s request from a Matters Initiated. Staff requests the Council consider whether it would like to discuss and consider whether or not it wishes to consider an ordinance implementing a local ban on the sale of flavored tobacco and vaping products.
Mayor Fay opened the Public Forum, and there were no speakers or emails.
Councilmember Worth cited Jamie Rich’s work with kids on the use of alcohol, tobacco and products specifically designed to appeal to young people, spoke about social media content, voiced support of a local ordinance to keep these products away from kids given there is no current enforcement.
Councilmember Kosla said he would like for the School Board to get behind this, knows kids are vaping at school, said he would like to know where kids are buying these products, suggested meeting with Moraga and Lafayette to determine the status of their restrictions.
Vice Mayor Miller agreed, voiced support of an ordinance and suggested putting forward education resources to local stores, as well as determining statistics of where products are being purchased.
Mayor Fay voiced support of an ordinance, conducting more research into what the City can and cannot do, look into eliminating products in the city, to also work with Lafayette and Moraga, and to work with schools and community groups before staff returns.
Mr. Biggs recommended staff conduct outreach to the adjacent cities and schools, determine whether products can be restricted from sale in stores, and reach out to groups in the community to learn more during development of the ordinance. He confirmed staff has direction to return with a more comprehensive report and draft ordinance to the Council.
MOTION by Councilmember Worth and seconded by Councilmember Gee to direct staff to draft an ordinance for possible City Council consideration. Said motion carried by unanimous (5-0) roll call vote.
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Attachment: City Council Minutes of January 11, 2022 (2659 : City Council Minutes) Orinda City Council Minutes Page 6 of 7 01.11.22
H.2. Consider Adoption of Resolution No. 02-22 Approving and Authorizing the Mayor to Execute the First Amendment to Employment Agreement between the City of Orinda and David Biggs
Recommendation:
Consider Adoption of Resolution No. 02-22 approving and authorizing the Mayor to execute the First Amendment to Employment Agreement between City of Orinda and David Biggs.
Human Resources Manager Ginger Staton gave a background and an overview of the process leading to the recommendation tonight which is that the Council consider adoption of Resolution No. 02-22 approving and authorizing the Mayor to Execute the First Amendment to Employment Agreement between the City of Orinda and David Biggs.
Mayor Fay opened the Public Forum, and there were no speakers or emails.
Mayor Fay stated he and Councilmember Worth served on the subcommittee and reviewed comparable salaries and benefits, and Councilmember Worth described their findings.
Vice Mayor Miller noted there was an email received from the public regarding why the Council was considering a salary adjustment after just six months, and she believes this is very reasonable and something the Council discussed upon the City Manager’s hiring as a requirement of his contract.
Mayor Fay and Councilmembers voiced support of the recommendation.
Mr. Biggs thanked the Council for their consideration and vote of confidence and is looking forward to continuing to be making contributions to the City.
MOTION by Councilmember Worth and seconded by Councilmember Gee to adopt Resolution No. 02-22 approving and authorizing the Mayor to execute the First Amendment to Employment Agreement between City of Orinda and David Biggs.
Said motion carried by unanimous (5-0) roll call vote.
H.3. City Council Committee Appointment/Liaison List for 2022 Recommendation:
Review and Approve the recommended City Council Committee Appointment / Liaison List for 2022.
Mayor Fay confirmed there were no Council questions and that there were no public comments or emails.
MOTION by Councilmember Gee and seconded by Vice Mayor Miller to approve the recommended City Council Committee Appointment / Liaison List for 2022. Said motion carried by unanimous (5-0) roll call vote.
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I. COUNCILMEMBERS’ REPORTS – Mayor Fay reported on his attendance to the Mayors’ Conference meeting last week and the interesting presentation on Rosie the Riveter Museum and encouraged people to visit it. He stated he received 17 charming letters from kindergarteners and 1st grade students as part of an exercise regarding persuasive writing. They wanted more restaurants, more recycling bins and a trash clean-up day, as well as donation center to collect for other countries.
J. CITY MANAGER’S REPORT – City Manager Biggs wished Councilmembers a happy New Year, noted the second meeting of the month will occur next week and said staff is grappling with impacts from the new virus strain such as staffing and child care issues. He asked people to contact City staff by phone and be patient.
He noted this year will be the City’s action year on its Downtown Precise Plan, the Housing Element and Safety Element, and he encouraged residents to go to the www.planorinda.com website and sign up for notifications.
The next meeting will be a Downtown and Housing Element Committee meeting which will be the scoping session for the EIR needed for the three planning activities on January 20th at 4:30 p.m. Staff encourages people to participate in the process on the www.planorinda.com website, using the Balancing Act tool.
K. MATTERS INITIATED – None.
Mayor Fay announced that Monday, January 17th is the Martin Luther King, Jr. holiday, stating Dr. King was an American Baptist Minister, an activist, and a leader in the American Civil Rights Movement from 1955 through his assassination in 1968. He was also a Noble Peace Prize winner and America still benefits from his leadership and bravery. He asked to adjourn the meeting in his memory and the lasting legacy he created.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:20 p.m. in memory of Martin Luther King, Jr. to the next Regular Meeting on Tuesday, January 18, 2022 at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
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January 18, 2022
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: http://orindaca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2083 They are also kept in the City Clerk’s Office as part of the public record and available upon request. They are also kept in the City Clerk’s Office as part of the public record and available upon request. 7:00 P.M. – REGULAR MEETING– BY TELECONFERENCE
A. CALL TO ORDER / ROLL CALL:
Mayor Fay called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Darlene Gee, Nick Kosla, Amy Worth Vice Mayor Inga Miller, Mayor Dennis Fay
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Vice Mayor Miller.
C. ADOPTION OF AGENDA
City Clerk Sheri Smith announced there are no revisions to the agenda.
Mayor Fay opened the Public Forum, and there were no speakers or emails.
MOTION by Councilmember Worth and seconded by Councilmember Gee to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Vision Zero presentation by Tim Haile, Contra Costa Transportation Authority
Tim Haile, Executive Director, CCTA, introduced his colleague, Colin Clark, gave an overview of CCTA, Measure J, and a PowerPoint presentation regarding Vision Zero, which he said is geared to designing transportation systems together to minimize the rate and severity of collisions, to make roads safer for walking and biking, and to prioritize and implement projects using funding and Vision Zero principles.
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Mr. Haile then described CCTA’s adoption of Vision Zero last fall which includes a model safety policy for cities to use, as well as funding pools. CCTA is developing a countywide pedestrian needs assessment to identify gaps, prioritize projects, and develop a Countywide micro-mobility policy to understand how to deploy E-Bike share and similar programs.
He then reviewed steps for the Council to take in adopting a Vision Zero policy, recommended the City review and adopt a safety policy ordinance, adopt a Local Roads Safety Plan by April 2022 to receive OBAG funds, and to identify and prioritize quick build projects. Another way to receive funds is to redesign the way people are picking up and dropping off around schools through implementing School Streets and/or a Street Smarts program.
Mr. Haile then described CCTA’s assistance and resources and presented examples for education at schools like Mr. Beep, the Heads Up program, Blender Bikes to celebrate Walk and Roll to School Days, leadership involvement for middle and high school programs, and examples of community events.
Councilmembers asked and confirmed that the City of Lafayette is the only city in the county that has adopted a Vision Zero policy and has hired a consultant to work on developing a local roads safety plan to be eligible for State and regional funding. The Council that the Vision Zero policy is about increasing safety for biking and walking. The goal of the Countywide Bike and Pedestrian Plan is to increase biking and walking and the Council confirmed that CCTA has no additional funding for developing Vision Zero policy or plan but can provide resources.
In response to Mayor Fay’s questions, Mr. Haile then described the Highway Safety Improvement Program (HSIP) and the One Bay Area grant administered by MTC, both of which require a Local Roads Safety Plan adopted by April 2022 to be eligible.
Mayor Fay opened the Public Forum.
Nick Waranoff voiced opposition regarding changing the long-standing behaviors of seniors through Vision Zero. He believes the planning does not take into account the numerous seniors who must depend or choose to depend on their vehicles. He suggested educating pedestrians to wear light clothes, walk on the left side of the road facing traffic, and truly increase safety measures for bicyclists and the bike connection network which he said is very unsafe.
Mayor Fay and Councilmembers thanked Mr. Haile for his presentation, recognized the growing pains in making communities and their infrastructure more pedestrian- and bikefriendly, spoke about multi-modal transportation, innovations of the school bus program, crosswalk enhancements already made, and grants for future pedestrian improvements in Orinda. They agreed that emphasis should focus on pedestrian safety in Orinda and spoke about statistics which show a decrease in ride-sharing and an increase of people working from home.
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E. PUBLIC FORUM
Charles Porges asked if he could make his public comment on Item H.1 under the Public Forum.
City Attorney Osa Wolff said the City’s practice is that for those who cannot stay or speak on an item later on the agenda can make their comments now. The Council can also ask questions of speakers and comments will be considered later by the Council when taking up that item.
Mr. Porges voiced the following comments:
Section 3.2; Agenda Preparation: He asked to retain the word “shall” versus “may” or alternatively use the word “should”;
Section 3.4; Agenda Posting: Strike to the extent feasible as people depend on digital now. It would help if the agenda could be posted earlier than 72 hours; Section 3.7(b): He asked why CEQA documents are deleted from public hearings and he asked that transparency prevail.
Section 4.1; Addressing the Council: He notes he is addressing the Council in person now and suggested indicating when a lectern is available, and clarify the wording for Zoom meetings.
Section 4.6; Written Communications: Written communications have been received on this agenda item and he asked to add “All authors of written communications shall be acknowledged by name” and he provided an example, so the authors know the Council has received and read their writings. Add:
“Authors, in their written communications should identify in their title either a Public Forum item or refer to a specific agenda item.” Also add: “Written communications shall be treated as though they were verbal public presentations to the Council.” Section 4.7; Time Limits: He asked to add “The Mayor has the discretion to allow any individual speaker to exceed the time limit.” He proposed extending the time limit to 3 minutes, with an additional 3 minutes of overtime per the Chair’s discretion.
Section 8.1; Mayor: He asked to define rotation for the Mayor. He suggested not staggering the 4-year terms and the Mayor should be the Councilmember with the most votes. The Mayorship should rotate to the person with the next most votes yearly until the next public election.
Section 8.2; Vice Mayor: Similarly, the Vice Mayor should be the person with the second most votes and rotate identically.
Section 11.1; Correspondence: He asked to indicate how an email could inadvertently violate the Brown Act.
Section 11.3; Communications with the Public: When a Councilmember clearly states he/she is speaking as a private citizen, this shall not be construed as a violation of the Brown Act.
Section 11.4; Relations with Staff: Strike the words “in a limited manner” at the end of the sentence.
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Mayor Fay said Mr. Porges’ comments have gone well past 3 minutes. He suggested Mr.
Porges email the remainder of his comments to the City Clerk prior to the item’s discussion.
Nick Waranoff said he submitted a letter at the last meeting and asked the Council to endorse the initiative that would transfer local control back to cities and allow cities to undo SB 9 if they chose to. He also commented on this past Sunday’s drive-thru petition signature event in Lafayette which received enormous turnout.
Adam Reiner urged the Council to take a more proactive position relating to Orinda residential crime prevention and spoke of three recent home burglaries in the Ivy Drive neighborhood. There was an understanding there would be a Neighborhood Watch Program launched with collaboration from the County Sheriff’s Office, as well as discussion around an agreement for a license plate reader vendor, and these fizzled out despite initial dialogue and push from residents.
He hoped and encouraged the Council to also create a Crime Prevention Commission similar to the City of Lafayette’s and instruct police to deploy a Neighborhood Watch program to create a level of engagement within specific communities.
Meredith L. echoed Mr. Reiner’s statements and said she went through the same conversations with the police, sheriff department and the City Council. Residents and their children are living in fear and she finds it shocking the Council is discussing this almost a year later with nothing done to address concerns. She asked to hear the Council’s thoughts about improving the situation at its next meeting.
Councilmember Worth asked the City Manager to offer updates on what the City plans to do in terms of issues raised and said she believes the Council will be scheduling a Public Safety Committee meeting within the next month.
City Manager David Biggs responded that staff is working on a Public Safety Committee update for February or March that will look at 2021 crime statistics, use of force and other issues. He reported the Police Department was able to fill two vacancies, leaving one remaining vacancy, and one of the officers has volunteered and is being trained up as the Resource Officer for Neighborhood Watch programs. In the meantime, police are on top of these cases, recognized concerns of safety and said targeted patrol is currently occurring.
Mayor Fay voiced concern about the home burglaries and asked for an update at the February 1st Council meeting.
MOTION by Councilmember Kosla and seconded by Councilmember Worth to place the issue of crime prevention in Orinda on a Matters Initiated and to agendize the update from staff on the February 1, 2022 City Council agenda. Said motion carried by unanimous (5-0) roll call vote.
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F. CONSENT CALENDAR
Mayor Fay asked if there were requests for removal of items or public comment.
Vice Mayor Miller requested removal of Item F.4 as she lives in proximity to the crosswalk proposed. She requested removal of Item F.5 to be able to make a comment, and there were no other requests or public comments.
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. November 17, 2021 Joint Meeting with Planning Commission F.2. Monthly Report of Receipts and Disbursements for the Period November 1, 2021 through November 30, 2021 and Summary of Revenue, Expenditures, and Preliminary Fund Balances for July 1, 2021 through November 30, 2021
Recommendation:
Staff recommends that the City Council receive and file this report of receipts, disbursements, and preliminary fund balances for the month of November 2021.
F.3. Adoption of a Resolution authorizing the City of Orinda’s application for, and receipt of, Land and Water Conservation Fund Grant-In-Aid Program Matching Funds
Recommendation:
Adopt a Resolution authorizing the City Manager, or designee, to file an application with the Land and Water Conservation Fund in the amount of $700,000 for the Orinda Community Park Renovation Project, and authorize the City Manager, or designee, to execute all required documentation.
MOTION by Councilmember Gee and seconded by Councilmember Kosla to approve Consent Calendar Items F.1, F.2 and F.3. Said motion carried by unanimous (5-0) roll call vote.
Items Removed from the Consent Calendar:
F.4. Approve a Grant Application for the Moraga Way and Ardor Drive/Valley View Drive Rectangular Rapid-Flashing Beacon (RRFB) Crosswalk to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2022-2023 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle funding
Recommendation:
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Staff recommends that the City Council approve a Transportation Development Act grant application for the Moraga Way and Ardor Drive/Valley View Drive Rectangular Rapid-Flashing Beacon (RRFB) Crosswalk, crossing Moraga Way, find the project categorically exempt with respect to CEQA by adopting Resolution No. 03-22, in a format specified by the grant requirements.
Mayor Fay opened the Public Forum, and there were no speakers or emails.
MOTION by Councilmember Gee and seconded by Councilmember Kosla to approve Consent Calendar Item F.4. Said motion carried by (4-0-1) roll call vote; Miller recused.
F.5. Approve Real Property Acquisition of Right of Way for Seismic Retrofit Project at Miner Road Bridge over San Pablo Creek (Project #0044) and Accept said Grant of Easement
Recommendation:
Staff recommends that City Council adopt Resolution No. 01-22, to approve Agreement for Acquisition of a portion of Dickerson property (24 Miner Rd.) and accept said grant of easement upon execution by the Grantor (Dickerson).
Councilmember Miller said this is one of the Miner Road bridges that is in need of seismic retrofit for which the City has acquired funding; however, it does not have a pedestrian improvement on it, which is disappointing. She suggested reaching out to the Country Club for the pedestrian access on the other side as has been discussed in the past, and asked to keep this in mind for discussion in the future.
Mayor Fay asked and confirmed with Associate Engineer Scott Christie that pedestrian access cannot be added to the restricted scope of work.
Mayor Fay opened the Public Forum, and there were no speakers.
MOTION by Vice Mayor Miller and seconded by Councilmember Worth to approve Consent Calendar Item F.5. Said motion carried by unanimously (5-0) roll call vote.
G. PUBLIC HEARING – None.
H. POLICY MATTERS
H.1. Review of City Council Policy & Procedure Manual
Recommendation:
Consider Adoption of Resolution No. 05-22 amending the City Council Policy & Procedures Manual or give direction to staff on any further changes.
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City Clerk Sheri Smith gave the staff report regarding the review of the City Council Policy and Procedure Manual and described the various redlined amendments resulting primarily from the pandemic, maintaining civility and avoiding disruptive conduct during meetings, and clean-up language throughout the document.
Mayor Fay opened the Public Comment, and confirmed that Charles Porges’ email was received by City Clerk Smith and forwarded to Councilmembers regarding changes he would like to see.
In response to questions from Mayor Fay, City Attorney Wolff confirmed that Mr. Porges had already commented on this item during Public Forum and his email was forwarded to the Council. Nothing further was required, but the Council had discretion to receive further comment from Mr. Porges. The Mayor could choose to give Mr. Porges additional time to conclude his comments, she could also display the text of his email on the screen, or the Council could hold a quick recess to read his emailed suggestions.
BREAK
Mayor Fay called for a brief break at 8:18 p.m. and, thereafter, reconvened the regular meeting at 8:23 p.m.
Item 3.7(b): Vice Mayor Miller asked for the rationale behind the change of eliminating the references to CEQA.
Ms. Wolff stated she proposed the deletion because the City’s usual practice is to hold hearings when they are legally required. It struck her that listing CEQA without listing all other statutes and procedures that would trigger a hearing would be confusing. Staff will hold and notice public hearings as required by State law but it is better to rely on those State laws as opposed to list them here.
Mayor Fay opened the Public Forum.
Nick Waranoff referred to the new provision about civility, stating it is an unconstitutional provision. He pointed the City Attorney to the U.S. Supreme Court decision of Cohen v.
California where a requirement cannot be imposed. He also said the Policy and Procedures Manual including but not limited to that civility requirement has many limitations on members of the public. He objects to the lack of any provisions or requirements imposed on staff. He asked that staff present a balanced presentation of pros and cons of each issue to the Council.
Mayor Fay confirmed that the Council has received Mr. Porges’ email relaying the remainder of his comments on this item.
Item 13.1; under “Suspension”. Councilmember Kosla said “majority vote” is struck and he asked if this implies that the Council would vote but not a majority would be needed.
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Ms. Wolff stated from her observations, when the Council occasionally decides to suspend these rules temporarily it has not always been the practice to do it by majority vote. Occasionally, it is done by consensus and nodding of heads. An example is the Mayor allowing time for a given speaker so the idea was not to require a majority vote.
Item 8.1; Mayor: Vice Mayor Miller asked for clarity on the word with “elect” with relation to the Mayor versus “appoint”.
Ms. Wolff stated the way this item is agendized is the annual election of the Mayor and nominations are called for and closed. The Council votes to elect one of its members as the Mayor. If the Council thinks “appoint” would be clearer, she could look into whether this could be substituted. Vice Mayor Miller also noted that she was still supportive of the word “elect”.
Ms. Wolff said Mr. Porges’ comment is he would prefer the succession to be set by these rules.
Item 4.1; Addressing the Council: Mayor Fay stated this talks about an in-person situation and those speaking from the lectern. He asked if a virtual meeting equivalent might be needed for the lectern.
Ms. Wolff stated she realized her use of the phrase “in-person” meant someone was addressing the Council in real life, but Mr. Porges is correct that they are virtually speaking in person. Therefore, she asked for the opportunity to clarify this as well as work on a “virtual lectern” if the Council is willing to continue the item.
Item 4.7; Time Limits: Mayor Fay stated this section adds “When a speaker has completed their comments Councilmembers may ask clarifying questions notwithstanding this time limit.” He suggested the sentence also state “and receive answers”. He has also observed that the Mayor has some discretion to let a speaker talk a little longer to complete their comments and wondered if this should be acknowledged for this particular item.
Item 5.4; Discussion: There is considerable discussion about comments by the Council, the public, etc. and he suggested adding a reference to state, “See Section 4.7.” Vice Mayor Miller noted the Council has a rule of allowing 3 minutes per speaker but this can be adjusted at the start of the meeting, depending upon the complexity and length of the meeting or items. Where it becomes more troubling is when there are many speakers and ensuring each member has equal time to comment. During these times, the Mayor may reduce the 3 minute timing.
She also noted the reason the agenda is posted ahead of time is to allow the public time to contact staff or Councilmembers with their comments. This serves as a way to expand those 3 minutes, but voiced opposition to allowing 6 minutes per speaker.
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Item 3.2; Agenda Preparation: Vice Mayor Miller asked why the agenda item says “may” ask for an action versus “will” ask for action. There are many items for which there is no action being asked of the Council so this is the context there.
Councilmember Worth thinks the word “may” reflects the fact that, if some reason there is a technical failure, the item would not be able to be heard.
Item 3.4; Agenda Posting: Vice Mayor Miller said the items will be posted on-line to the extent feasible versus that it will be placed on-line. The fact is that sometimes it is difficult and there are valid reasons why staff does not go beyond what the law requires in putting things on-line.
Item 4.6; Written Communications: Vice Mayor Miller stated Mr. Porges recommended the Council acknowledge each of the authors by name. She believes this is sometimes is difficult for the Mayor to do this, as well as some people may not want to be addressed by name.
Item 4.3; Speech Content & Civility: Councilmember Gee asked for more input from the City Attorney about this clause.
Ms. Wolff referred to the proposed language shown as an addition, which she read. Her intent was that with using the word “encouraged” is not a mandate or requirement, but meant to be a suggestion.
Councilmember Gee questioned the recommendation to strike the sentence about if there are disparaging remarks that this is caused as disruption to the meeting.
Ms. Wolff stated there are many Constitutional cases in this area, but she summarized that people are permitted to be critical of one another and allowed to use strong language including sometimes obscenities or offensive words or gestures. Unless those things truly disrupt the meeting must be permitted.
Her suggestion was to delete that sentence because she was concerned it might be misconstrued as authorizing the Council to prohibit that kind of language and activity which, under Constitutional rules, is allowed. Fortunately, the Council does not get a lot of truly offensive behavior so the goal was to try and find a way to describe that in a way that allows people to exercise their Constitutional rights.
Item 4.4; Disruptive Conduct: Councilmember Gee said when it states “conduct including applauding and booing, which substantially disrupts a City Council meeting is prohibited” that leaves it open to what conduct might include.
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Ms. Wolff stated it is very fact-specific. An example is 50 people who want to speak during a public comment period. If the crowd is booing or clapping in such a way speakers are delayed, that would be disruptive, making it impossible for the meeting to go forward. The way she proposed to write this rule is that people can boo or clap but they cannot disrupt the meeting.
Item 4.3; Speech Content & Civility: Councilmember Kosla referred to the last sentence added, “Whenever possible, members of the Council, staff, and the public who identify problems are encouraged to also suggest one or more possible solutions they would support.” In the example of the previous Public Forum commenter regarding crime in his neighborhood, he asked if the Council would ask him to explain some of his solutions to solving crime in his neighborhood. He also questioned the extent of what back and forth conversations this will result in and also asked if this would be at some other time of the meeting and not under Public Forum.
Ms. Wolff agreed and said this is absolutely optional language. Tonight’s commenter about the crime issue was a perfect example. He came, voiced the problem, and then he had two suggested solutions.
Councilmember Kosla said, however, the second speaker did not have solution, and Ms.
Wolff stated this is a great point and she suggested removing the last sentence under Item 4.3. Vice Mayor Miller said she actually would support leaving in the second to last sentence of Item 4.3 because not all speech is protected speech. She thinks the section encourages people to stay within the bounds of what is protected and free speech.
Item 11.4; Relations with Staff: There was a suggestion from the public of eliminating the words “in a limited manner”. She tries to be conscious of time taken with staff and voiced support of leaving it in or removing it.
Item 13.1; Suspension: When a writer asks questions, it is a case-by-case basis and the rule they apply is that when a speaker asks a question, a brief response can be provided by the Mayor or staff but not engage in dialogue.
Vice Mayor Miller thanked Mr. Porges for bringing forward his recommendations and she thinks the Council has addressed them in their discussions.
Item 4.7; Time Limits: Councilmember Worth suggested the last sentence be amended to state, “….may ask clarifying questions of the speaker notwithstanding this time limit.” Mayor Fay said the speaker then can respond.
Councilmember Kosla said he thinks the Council could always ask questions but he would not want there to be a requirement for speakers to answer questions because people can get very nervous when publicly commenting.
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Councilmember Worth referred to the Brown Act and said the policies and procedures reflect language in terms of why the Act exists. Regarding speech and back and forth, it is to create fairness on those participating in the process. She thinks 3 minutes is a good amount of time, said people can send letters and emails before, during or after meetings which are posted on-line. She agrees the City Manager should be the staff point of contact, agrees with modifications regarding decorum at meetings, and concurs with recommended City Attorney language.
Mayor Fay stated he received a text message from Mr. Porges and confirmed that he has read all of his emails and the Council also listened to his previous public comments.
Regarding his own comments, he thinks it is important that they are trying to encourage the public to comment and become involved. But, on the other hand, the U.S. is a represented democracy and you elect people to represent them and these policies and procedures allow democracy to flourish. He asked if the Council wished to continue the item and allow staff to update or did the Council wish to vote on the item tonight.
Ms. Wolff noted that she has made a number of notes of changes the Council would like to see and she does not have final language ready for a vote tonight. She recommended directing staff to make changes and agendizing the item on the Consent Calendar for adoption at the next meeting. She announced that in addition to Mr. Porges’ comments, comments were also received form Kathy Finch, Steve Cohn, Joel Libove and Robert Finch.
Mayor Fay suggested the City Clerk announce at meetings those who provided comments and thinks there is value in acknowledging other people’s comments. Ms. Wolff recommended this be a practice rather than a rule.
Mayor Fay asked that staff attach all comments received to the staff report for a future meeting, recognizing that Councilmember Kosla requested the police discussion occur as a priority.
MOTION by Councilmember Worth and seconded by Councilmember Gee to direct staff to make suggested changes per Council discussion and agendize the matter on the Consent Calendar at an upcoming meeting. Said motion carried by unanimous (5-0) roll call vote.
I. COUNCILMEMBERS’ REPORTS – Vice Mayor Miller reported she spoke with a resident who brought up a concern that it might be possible local nurseries are still selling Monterey Pine trees. She indicated that outreach to nurseries was to be done to help inform residents what to and what not to plant.
Councilmember Worth reported on upcoming Wilder, school, and public safety meetings, and reported receiving comments from residents who were appreciative of the Police Department’s presence over the holiday period.
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Mayor Fay announced that the Fire District is meeting tomorrow night and taking up the Council’s request to have a joint meeting. They will also be tentatively approving the redistricting maps for the District.
J. CITY MANAGER’S REPORT – City Manager Biggs reported staff will be working on finalizing the Downtown Precise Plan which has been pared with the Housing Element and the Safety Element updates. This Thursday at 4:30 p.m., the Downtown and Housing Element Subcommittee of the Council will post the scoping meeting on the EIR and this will feed into the overall process.
K. MATTERS INITIATED – None.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:22 p.m. to the next Special Meeting on Tuesday, January 29, 2022 at 9:00 a.m. and thereafter to the Regular Meeting on February 1, 2022.
______________________________________
Sheri Marie Smith, City Clerk
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Staff Report
Agenda Item: F.2
Date: February 1, 2022
Department: City Clerk
AGENDA TITLE: Review of City Council Policy & Procedure Manual RECOMMENDATION:
Consider Adoption of Resolution No. 05-22 amending the City Council Policy & Procedures Manual or give direction to staff on any further changes.
BACKGROUND:
The City Council regularly reviews its Policies and Procedures Manual, typically once each year. In most years, this appears in the Consent Calendar as the recommended changes are typically minor.
At the last City Council Meeting on January 18, 2022, the annual review was agendized by Staff as a Policy Matter, because the changes recommended were more robust than typical due to the continuing virtual meeting format and consideration of some civility language. City Council reviewed changes (shown in red highlight) proposed by City staff to the City Council Policies and Procedures Manual.
Those changes included:
Added language pertaining to teleconferenced meetings and the procedural changes as a result.
Added clarifying language to wording relating to Public Forum and Public Comment.
Added and amended language on maintaining civility and avoiding disruptive conduct during meetings.
General clean-up language throughout the document.
DISCUSSION:
The City Council had received four written correspondence on the matter prior to the January 18 meeting, one during the meeting after the commenter spoke, and one after the meeting. These six items from five (5) separate commenters (two of the correspondence were submitted by the same commenter), are provided as Attachment D.
This correspondence contained a number of suggestions and questions, which fell into the following broad areas of consideration:
Acknowledgement of and/or comments on correspondence received by the Council;
Additional Public Comment/Response Opportunity;
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Lengthen Public Comment Time Limit;
Agenda Preparation/Posting/Order;
Mayoral Selection;
Communication Protocols;
Emergency Provisions; and,
Suspension of Rules.
It should be noted that the City Council Policies and Procedures often have a legal basis for how they are approached, and are intended to clarify how those will be approached in Orinda and to make some policy decisions where options are available.
For example, the section related to Emergency Procedures takes its guidance from the California Emergency Services Act, Government Code Section 8550-8669.7.
After considering written public input and oral public input at the January 18, 2022 meeting, including taking a brief recess to consider a written communication provided by a commenter after their testimony, Council discussed various additional changes and directed staff to bring them back at a future meeting. Councilmembers wishing to review the minutes of the January 18, 2022 meeting can find them in agenda item number F.1 on this February 1st agenda.
Based on the January 18, 2022 Council discussion/direction, the City Attorney prepared the updated redline document in Attachment B to this report with input from the City Clerk and City Manager. That document shows all of the proposed changes to the existing Policies and Procedures Manual. The sections highlighted in yellow contain proposed changes made in response to the discussion/direction at the January 18, 2022 Council meeting. Specifically, the following yellow-highlighted sections include updated language for the reasons noted:
3.4 (Agenda Posting): Government Code section 54954.2 (Attachment C) is part of the Brown Act and contains detailed requirements regarding agenda posting, including on the City’s website. In the interest of clarity and brevity, Staff recommends the Council’s Policies & Procedures Manual reference Government Code section 54954.2 as noted. This approach will help ensure the Policies and Procedures Manual remains current, even if the Brown Act is updated. 4.1 (Addressing the Council): This section includes a number of updates intended to encompass virtual as well as in-person meetings. The highlighted language was updated to refer to “the lectern or its equivalent during virtual meetings.”
4.3 (Speech Content & Civility): The redlined changes are intended to encourage civility and allow all meeting participants to exercise their constitutional rights of free speech.
4.7 (Time Limits): The redlined text would codify the practice of allowing speakers who exceed their allotted three minutes an additional short time (e.g., 30 seconds) to wrap up their comments. The language would also codify the F.2
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practice of Councilmembers asking clarifying questions and speakers providing brief answers, if they wish.
5.4 (Discussion): Updated to refer to section 4.7 (time limits).
If the Council concurs with the suggested redline changes shown, the next step would be to adopt proposed Resolution No. 05-22. Alternatively, the Council may wish to direct Staff to make modifications to the redline prior to adoption.
FISCAL IMPACT:
None as a result of this action.
ATTACHMENTS:
A. Resolution 05-22 Amending Policies Procedures Manual B. City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction)
C. GOV_54954.2.
D. Public Communications on Council Policy and Procedure Manual Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
F.2
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1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
IN THE MATTER OF:
Amending and Adopting the
City Council Policies and
Procedures Manual
_________________________
)
)
)
)
Resolution No. 05-22
WHEREAS, from time-to time the City Council reviews its Policies and Procedures Manual to determine if it needs any updates; and WHEREAS, at the City Council Meeting of January 18th and February 1st, 2022, the City Council reviewed and determined it appropriate to amend its Policies and Procedures Manual.
NOW, THEREFORE, BE IT RESOLVED that the Orinda City Council does hereby amend the Orinda City Council Policies and Procedures Manual as shown in Exhibit A.
BE IT FURTHER RESOLVED: that the Orinda City Council does hereby adopt the Orinda City Council Policies and Procedures Manual as amended.
Adopted by the City Council of the City of Orinda on February 1, 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Dennis Fay, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
F.2.a
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Attachment: Resolution 05-22 Amending Policies Procedures Manual (2657 : Annual Review of City Council Policy & Procedure Manual) 1 CITY COUNCIL, CITY OF ORINDA
POLICIES AND PROCEDURES MANUAL
Section Page
l. Authority 2
2. Meetings 2
3. Agenda 5
4. Public Participation 7
5. Conducting Meetings 8
6. Quasi-Judicial Hearings 12
7. Voting 15
8. Officers 15
9. Boards, Commissions, and Committees 16
10. Ordinances 16
11. Administrative Matters 17
12. Emergency Procedures
13. Suspension, Amendment of These Rules
18 20
Adopted: Effective November 1, 2005
Amended Effective March 6, 2007 (Resolution No. 11-07)
Amended Effective April 10, 2007 (Resolution No. 14-07) Amended Effective March 2, 2010 (Resolution No. 14-10)
Amended Effective May 7, 2013 (Resolution No. 28-13)
Amended Effective February 18, 2014 (Resolution No. 11-14) Amended Effective February 3, 2015 (Resolution No. 09-15) Amended Effective March 15, 2016 (Resolution No. 20-16) Amended Effective August 2, 2016 (Resolution No. 44-16) Amended Effective February 6, 2018 (Resolution No. 04-18) Amended Effective March 16, 2021 (Resolution No. 14-21) F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 2 l. Authority
The City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new Rules are adopted in the manner provided by these Rules.
2. Meetings
2.1 Meeting Dates and Times
2.1.1. Dates. Regular meetings will be held on the first and third Tuesday of each month or as set by calendar adopted by the City Council in December or January of each calendar year. Adjourned regular, workshop or special meetings may be called by the Mayor or a majority of the Council. If the meeting date should fall on a legal holiday, the Council shall meet at an alternate time and date designated by the Council.
2.1.2. Starting Time. All regular meetings will convene at 7:00 p.m.
Meetings will be held at the Library Auditorium at 26 Orinda Way, Orinda, unless stated otherwise in the notice. Meetings may be preceded or followed by special meetings, including closed sessions.
2.1.3. Ending Time. Meetings will adjourn at or before 11:00 p.m. A majority vote of the City Council will be required to continue the meeting past 11:00 p.m.
A unanimous vote of the City Council will be required to continue meetings beyond 11:30 p.m. A continuance beyond 11:30 shall specify time of adjournment. More than one such continuance may be adopted.
2.2 Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. It is a violation of the Brown Act to disclose information obtained or presented in anticipation of or during a closed session, which shall be confidential. Public comment shall be received in open session prior to a closed session.
The City Council will report out in open session any actions taken in closed session consistent with the requirements of the Brown Act.
2.3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the Council members.
The City Attorney or the City Manager is authorized to call a special meeting when it is to be held immediately before or after a regular meeting and is to discuss a matter in closed session. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours notice must be received prior to a special meeting by each Council member, the local newspaper of general circulation, and radio and television stations which have requested notice. Only matters F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 3 specified in the notice may be discussed at special meetings. The public shall be given an opportunity to address the Council before or during consideration of any matter described in the notice for the special meeting.
2.4 Quorum
Three members of the Council shall constitute a quorum necessary to transact business.
In the event a quorum is not in attendance, those attending will be named in the minutes, and they shall adjourn the meeting to a later set time.
2.5 Adjournment
The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all Council members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place. The City Clerk shall post a copy of the order or notice of adjournment as required by the Brown Act at City Hall and other places designated by the Council within twenty-four (24) hours after the time of adjournment. Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings.
2.6 Attendance
Council members must request that the Mayor issue an "excused absence" when they are unable to attend, or it will be noted in the minutes as an unexcused absence. The Mayor shall announce excused absences and reasons for such absences (if publicly known) during the roll call at the beginning of a meeting.
2.7 Minutes of Proceedings
An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council following approval by the Council. Unless the Council directs otherwise in a specific instance, detailed (but not verbatim) minutes shall be prepared for regular meetings of the full Council, and summary action minutes shall be prepared for special meetings of the full Council.
2.8 City Manager
The City Manager shall attend all meetings of the Council unless excused. The City Manager’s designee shall substitute when the City Manager is absent.
2.9 City Attorney
F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 4 The City Attorney shall attend all meetings of the Council unless excused. The Deputy City Attorney shall attend in the City Attorney’s absence. The City Attorney shall act as the Council's parliamentarian.
2.10 City Clerk
The City Clerk shall attend all regular meetings of the Council unless excused, and in her/his absence, the City Clerk designee shall substitute. The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council or the City Manager, or both.
2.11 Department Heads/Employees
Department heads and employees shall attend Council meetings as directed by the City Manager.
2.12 Public May Attend and Record Meetings
All meetings of the City Council (except closed sessions) shall be open to the public, including the news media. Meetings may be recorded by any means by anyone, provided such recording does not constitute disruptive conduct under Rule 4.4.
2.13 Virtual/Teleconference MeetingsCommunication Using Mobile Devices Use of a mobile device (e.g., cellular telephone, personal digital assistant) by a Council member to communicate in any way during a meeting is prohibited. If a Council member urgently needs to communicate via mobile device, the Council member should do so outside the Council chambers after announcing the reason for leaving.The Council may use teleconference technology and hold virtual meetings consistent with State Law, including the Brown Act and Executive Orders issued by the Governor.
2.14 Recordings
All Regular Meetings of the City Council shall, to the extent feasible, be recorded by the City Clerk. Recordings are kept consistent with the City of Orinda Records Retention Program and are available from the City Clerk’s office.
2.15 Avoiding Brown Act Violations Relating to Meeting Attendance Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code section 54952.2 to avoid potential violations relating to attendance at meetings of such as conferences, meetings conducted by City staff/consultants, meetings presented by organizations other than the City, and meetings of other legislative bodies.
F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 5 3. Agenda
3.1 Order of Business
The business for a Regular meeting shall generally be shown on the agenda in the following order, but this sequence may be modified on a case-by-case basis by the City Manager in consultation with the Mayor:
A. Call to Order/Roll Call
B. Pledge of Allegiance
C. Closed Session Report (when applicable)
D. Adoption of Agenda
E. Items for the Good of the City
F. Public Forum
G. Consent Calendar
H. Public Hearings
I. Policy Matters
J. Council Reports
K. City Manager’s Report
L. Matters Initiated
M. Adjournment
Closed Session (may be held before or after the meeting, or both)
3.2 Agenda Preparation
Agendas for regular and special meetings shall be established by the City Manager, who shall consult with the Mayor concerning the sequence of agenda items and other procedural matters. The agenda shall be delivered to the Mayor and Council members and made available to members of the public consistent with the requirements of the Brown Act. The agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, if any. The descriptions of each agenda items shall may include the action recommended by the preparer of the report for the agenda item.
3.3 Matters Initiated
To place an item on a future agenda, a Council member (including the Mayor) may make a motion to that effect during the Matters Initiated agenda item. In addition, a Council member (including the Mayor) may, at any time during a meeting, make a motion to place an item on a future agenda, if the item proposed for future consideration arises in relation to an item on the current agenda.
If the motion to place an item on a future agenda is seconded and approved by a majority vote of those Council members present, the proposed item will be placed on a future agenda. If the motion is silent regarding timing, the proposed item will be placed on a future agenda at the earliest appropriate time, as determined by the City Manager and F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 6 Mayor. If the motion provides specific direction regarding timing, the proposed item will be placed on a future agenda consistent with that direction. No discussion of the subject of the motion may occur except to explain the general nature of the item, including the issue of timing for Council’s consideration of the item.
3.4 Agenda Posting
The City Clerk shall post the agenda at least 72 hours before a regular meeting and at least 24 hours before a special meeting in the following locations, which are freely accessible to members of the public: Orinda Community Center, Orinda Library, and Orinda City Hall. To the extent feasible, aAgendas shall also be posted on the City’s website prior to meetings as required by the Brown Act. See Government Code section 54954.2.
3.5 Agenda Materials
3.5.1 Documents. A staff report shall be prepared for each agenda item except in unusual circumstances. Attached to the staff report shall be documents received by or developed by staff that are pertinent to the staff report. Anyone may submit documents pertinent to an agenda item to the City Clerk; such documents shall be included in the agenda materials if they are received in time for inclusion in the packet and if multiple copies of voluminous documents are provided.
3.5.2 Copies of agenda materials. Copies of the agenda materials and other documents distributed to Council members before a meeting (excluding documents subject to attorney-client confidentiality and documents distributed in connection with a closed session) shall be available for public inspection when the packet is released to the City Council. The public can view materials before the meeting at the office of the City Clerk, the Orinda Library and, on the City website. At the meeting, a public copy will be available for review. Copies of materials distributed by City staff and others at the meeting shall be made available to members of the public as soon as practicable.
Changes and additions to staff reports and late correspondence will be provided to Council members and made available to the public before the meeting when possible.
3.6 Consent Calendar
Items listed on the Consent Calendar are those items likely not to require Council discussion. At the meeting, any item may be pulled by a Council member or member of the public for separate discussion or clarification and vote.
3.7 Public Hearings
A matter shall be set for public hearing in the following situations:
a. A quasi-judicial land use decision (e.g., an appeal of a Planning Commission decision)
F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 7 b. Approval of a CEQA document for a City project.
c. Any other matter for which a public hearing is required by law or for which a hearing would be in the public interest.
4. Public Participation
4.1 Addressing the Council
Each person wishing to address the Council will be asked to so indicate (e.g., by submitting a speaker slip to the City Clerk or a using similar method available during virtual meetings). Completing this form is optional. People will be permitted to speak even if they elect not to provide some or all of the information requested on the form.
After the Council has heard from everyone who submitted speaker slips, anyone electing not to submit a speaker slip will be asked to form a line at the lectern to indicate their desire to address the Council. Each person addressing the Council shall do so from the lectern or its equivalent during virtual meetings. Providing a name, address, and other information is voluntary. All remarks shall be directed to the Mayor and Council as a body and not to any particular Council member. No person other than members of the Council and the person having the floor shall be permitted to enter into the discussion.
4.2 Public Forum
During Public Forum any person may address the Council on an item that is (1) within the subject matter jurisdiction of the Council and (2) not otherwise on the agenda, except that if a speaker will not be present during an agenda item later in the calendar for that meeting, the speaker may address that agenda item during Public Forum but not later.
When an item is not listed on the agenda, State law prohibits Council discussion or action. 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, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.
4.3 Speech Content & Civility
Statements by a member of the public shall be related to the agenda item at hand, except during Public Forum. Derogatory and discriminatory remarks relating to gender, sexual orientation, race or ethnicity, creed, religion, national origin, disability, and personal physical characteristics or conditions, slander, obscenities, and knowing falsehoods are irrelevant per se. If such remarks or other irrelevant statements substantially disrupt or disturb the peace and order of a City Council meeting they will be deemed cause for removal of the speaker from the meeting, as provided in sections 4.4 and 4.5 of these Rules. The City Council shall not prohibit lawful public criticism of the policies, procedures, programs, staff, and services of the City or the acts or omissions of the City Council. Members of the Council, staff, and the public are encouraged to communicate in a manner that is civil, not hostile or threatening.
F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 8 4.4 Disruptive Conduct
Conduct, including applauding and booing, which substantially disrupts or disturbs the peace and order of a City Council meeting is prohibited. If a meeting is disrupted, the Council may elect to recess per Section 5.4.7 (b). Disrupting a meeting and may, in certain situations, beis cause for removal from the meeting. at the request of the Mayor.
On instructions by the Mayor, a police officer may be called for the purpose of removing any person who, in the Mayor's judgment, has violated the rules of conduct or otherwise disrupted the meeting. If a meeting is willfully interrupted by one or more persons so as to frustrate the orderly conduct of the meeting and the orderly conduct cannot be restored by removing the group or the person, the Council may, by majority vote, order the meeting cleared of members of the public and then continue in session with members of the press remaining present, unless they also participated in the disturbance. In addition, or in the alternative, the City Council may, by majority vote, declare a recess until order is restored.
4.5 [Reserved] Warning and Arrest
If arrest by a police officer is necessary to restore order, the presiding officer shall give a warning and describe the offending conduct in substantially the following manner:
“Your conduct (describe the offending conduct specifically) is disrupting this meeting and the public’s business. Your conduct is a violation of Penal Code section 403. You must stop immediately. If you do not stop, I will direct the police officer to place you under arrest.”
4.6 Written Communications
Correspondence, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 11.1. If correspondence is received too late to be included in the agenda packet, the City Clerk will, to the extent feasible, endeavor to distribute the late correspondence at the Council meeting. Anyone submitting voluminous late correspondence and/or submitting late correspondence to the City Clerk less than four (4) hours before a Council meeting should bring at least fifteen (15) copies to the meeting. After receiving late correspondence, the Council may elect to continue the item to a future meeting if it determines the late correspondence is too voluminous to consider fully. Alternatively, the Council may elect to consider the matter if it has had adequate time to consider all of the information presented. Such a determination may, but need not, be made by formal motion during the meeting.
4.7 Time Limits
Public comment shall generally be limited to 3 minutes per individual speaker per agenda item, except that the Mayor, with the concurrence of the City Council, may set a different time limit based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors. If a speaker continues to speak F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 9 after their allotted time has expired, the Mayor, with the concurrence of the City Council, may allow them a short time (e.g., 30 seconds) to wrap up their comments. When a speaker has completed their comments, Councilmembers may ask clarifying questions of the speaker and receive brief answers, notwithstanding the time limits described in this section. Speakers are not required to answer questions posed by Councilmembers.
5. Conducting Meetings
5.1 Presiding Officer
The Mayor or Vice Mayor shall preside and call the meeting to order at the hour appointed. In the absence of both, the meeting shall be called to order by the City Clerk and those Council members present shall proceed to elect a temporary Presiding Officer.
Before proceeding with the business of the Council, the City Clerk shall perform a formal roll call. The Presiding Officer may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Council member.
5.2 Actions Limited to Posted Agenda
The City Council may take action on any item listed on the agenda. The City Council shall not take action on any item not appearing on the posted agenda except when there is an emergency, there is a need for immediate action, or the item was posted for a prior meeting less then 5 days before and was continued, as prescribed more fully in Gov.
Code §54954.2.
5.3 Continuance of an Item
An agenda item may be continued by the City Council by a majority vote. (See section
5.4.6.c.)
5.4 Discussion
When an agenda item is addressed, the Mayor shall first ask for any staff comments or additions to the written staff report. Next, the Mayor shall ask for questions from the Council of staff. After that, the Council shall receive public comment (see section 4.7, time limits). After public comments, the Mayor shall close the public comment portion and open the item for discussion by the Council, which shall be subject to the following rules.
5.4.1. Getting the Floor. Every Council member desiring to speak shall address the Mayor and, when recognized by the Mayor, shall limit discussion to the questions under debate.
5.4.2. Interruptions. A Council member, once recognized, shall not be interrupted when speaking except to be called to order, or as otherwise provided. If a Council member, while speaking, is called to order, the Council member shall cease F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 10 speaking until the question of order is determined; if determined to be in order, the Council member shall be permitted to proceed.
5.4.3. Privilege of Closing Debate. The Council member making a motion for adoption of an ordinance or resolution shall have the privilege of closing the debate on that motion, subject to other motions which may be before the Council.
5.4.4. Motion to Be Stated. The Mayor shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any Council member. No action shall be taken by secret ballot.
5.4.5. Appeals. Any ruling of the Mayor may be appealed at the request of a Council member. The Mayor shall call for a roll call vote to determine if the ruling is upheld.
5.4.6. Precedence of Motions. When a motion is before the Council, no other motion shall be entertained except:
a. Motion to Amend. A motion to amend, which modifies the original motion, is in order but is debatable only as it relates to the amendment.
Amendments are voted on first; the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time.
b. Substitute Motions. A substitute motion is in order for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion, since if the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c. Motion to Postpone. A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a quasi-judicial hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the agenda item shall be carried forward on the City Clerk’s Future Agenda Items list for up to one year, then dropped if not reinstated to the agenda.
d. Motion to Table. A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time.
5.4.7. Motions Not Subject to Debate. All motions are debatable except for the following, which shall be put to an immediate vote:
a. Motion to adjourn, which requires a simple majority. b. Motion to recess, which requires a simple majority.
F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 11 c. Motion to table, which requires a simple majority. d. Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”), which requires a 2/3 vote.
5.4.8. Reconsideration. A request for reconsideration may be made during a meeting in which a decision has been made or at the next regularly-scheduled Council meeting. A request for reconsideration may be made only by a Council member who voted in the majority on the original decision. Reconsideration of a matter involves three decisions, which must occur in the following order:
a. First, the Council must decide whether or not to consider the request on a future agenda. (No discussion is permitted at this point on the validity of the request or the merits of the underlying action to be reconsidered.) b. Second, if a majority of the Council votes to place the issue on a future agenda, there are two agenda items:
i. Whether to allow reconsideration or not and
ii. If reconsideration is permitted, whether the original decision should be changed or affirmed.
c. A decision not to reconsider a matter under (b)(i) will be deemed to automatically include removal of the agenda item for reconsideration of the merits under (b)(ii).
d. Unless a subject is reconsidered and a majority of the City Council votes to change the original decision, the original action stands and is final.
However, the subject of the original decision (other than a quasi-judicial hearing such as a land use appeal) may be placed on a future agenda at any time as provided in these rules.
e. Reconsideration of a decision on a land use appeal is governed by Orinda Municipal Code section 17.43.8.
5.4.9. Conflict of Interest and Bias. A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Council member who has a conflict of interest under the Political Reform Act or Government Code §1090 may not participate in the agenda item causing the conflict. The Council member must make a statement substantially as follows:
“I am unable to participate in this matter as a public official because I have a financial interest in the subject which creates a conflict of interest. The financial interest is [describe the conflict with particularity].” The public official must leave the room for the duration of the discussion of the item. If the discussion relates to the public official’s real F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 12 property or business (owned or controlled solely by the public official/and spouse/domestic partner), the public official may speak as a member of the general public and remain in the audience.
In addition, if a Council member’s personal bias compromises the Council member’s ability to act impartially with the interests of the City as a whole in mind, the Council member must leave the room and not participate in the agenda item. Bias may exist because of a Council member’s (1) substantial involvement or familiarity with the subject of an agenda matter or (2) close association with the persons involved, a connection which may or may not be known by the public or the other members of the Council.
Even if the Council member believes s/he is not biased, in the interests of open government, it is advisable at the very least to disclose that association, involvement, or experience prior to participating in the agenda item. See Rule 6.5.
5.4.10. Protests. A Council member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.
5.4.11. Limits on speech and conduct. See sections 4.3 and, 4.4, and 4.5, which apply also to the speech and conduct of City Council members.
5.4.12. Rules of Order. Except as otherwise provided in these Rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the City Council.
6. Quasi-Judicial Hearings
When a public hearing is required for an agenda item, the Mayor shall first ask for any staff comments or additions to the written staff report for the hearing. Next, the Mayor shall ask for questions from the Council of staff. Next, Council members shall disclose ex parte communications as described below. After that, the Council shall receive public comment, as outlined below.
6.1 Ex Parte Communications
A Council member shall disclose on the record all communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. The Council member shall identify with whom s/he communicated, what was communicated, and for site visits, where on the site the Council member went and what the Council member looked at and observed. Council members may also elect to forward copies of written ex parte communication to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.
6.2 Testimony
F.2.b
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 13 6.2.1. The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard.
6.2.2. Each person wishing to testify may do so as described in section
4.1. 6.2.3. The order of testimony shall be as follows:
a. The applicant (and the applicant’s design professional, attorney, and other representatives, if any) shall speak first and together shall have a total of 15 minutes to present the project. A portion of this time may be reserved by the applicant for final remarks after public testimony has concluded. b. The appellant, if not the applicant, (and the appellant’s design professional, attorney, and other representatives, if any) shall also have a total of 15 minutes to present the basis for the appeal.
c. Those persons other than the applicant and the appellant (and their representatives) shall have a total of 3 minutes each to present testimony, except that to preserve order and eliminate repetitious testimony from a large group, the Mayor may direct ask a like-minded group to appoint a spokesperson to represent the point of view of the group. At the Mayor’s discretion, speakers favoring the project may be asked to so indicate and may be asked to present their testimony consecutively and likewise those opposed.
d. Regardless of the time limits stated above, the time limit per individual speaker may be set by the Mayor, with the concurrence of the City Council, at the beginning of a public hearing, based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors.
6.2.4. Questions by speakers may be noted and addressed prior to Council deliberation.
6.3 Council Deliberation
6.3.l. After the Mayor has determined that no other member of the audience wishes to speak, the Mayor shall close the public testimony portion of the hearing and the matter shall be taken up by the City Council.
6.3.2. The Council may ask questions of speakers for clarification during the public testimony portion and during deliberations.
6.4 Council Action
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 14 6.4.1. Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice.
6.4.2. The Council may vote on the item, making findings of fact as required by law
6.5 Due Process
A quasi-judicial hearing that involves property rights (a land use matter or a personnel matter) must incorporate the standards of constitutional due process. This type of hearing must be fair and open, subject to employee privacy rights. The elements of due process are adequate notice, an opportunity to be heard, an impartial decision-maker, a decision based on substantial evidence, and findings to document the basis of the decision.
6.5.1. Impartiality
a. Rule. A public official must perform the duties of office free from any personal or pecuniary interest. If there is an actual bias or financial interest that could interfere with a Council member’s judgment, the Council member should not participate in the agenda item and should leave the Council chambers for the duration of the agenda item.
b. Open Mind. A Council member must have an open mind
and receive all evidence presented at the hearing. In addition, a Council member shall disclose ex parte communications (see §6.1 above) before making a determination on the merits. If the Council member has a fixed position on a matter prior to the hearing or if the Council member will be influenced by information not in the evidence, the Council member shall not participate in the hearing.
c. Staying Neutral. In order to assure that a Council member has not become so embroiled or otherwise involved in a matter that s/he cannot be impartial, the following rules shall apply:
i. Staff Contacts. A Council member shall refrain
from contact outside the public meeting context with City staff concerning the merits of matters which will or may come to the City Council for a quasi-judicial hearing.
Regardless of the above, a Council member may obtain factual information from staff relating to the hearing.
ii. Commissions and Committees. A Council member
must not express opinions on the merits of an item that is or will be the subject of a quasijudicial hearing within the subject matter jurisdiction of the Planning Commission to a Planning Commissioner prior to or during the hearing. In case such communications have occurred, any such communication from a Council member to a Planning Commissioner prior to a decision of the Commission on the matter shall be disclosed by the Commissioner in the course of the hearing of the subject by the Planning Commission.
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 15 iii. Interested Parties. A Council member shall refrain from becoming involved in discussions, negotiations, and other activities relating to a matter that is likely to be subject to a hearing by the City Council, unless the full scope of the Council member’s involvement and conversations is disclosed during the Council’s consideration of the matter and there is no bias that has resulted from those activities. d. Involvement or Bias. A Council member may be involved in a matter before the City Council due to a number of factors, including but not limited to an ongoing personal acquaintance, the proximity of real property, a business relationship, or community activities. In such a situation, where the Council member is unable to make an impartial decision, the Council member should recuse himself or herself, make a brief explanation of the facts behind recusal, and leave the room.
6.5.2 Absence During a Quasi-Judicial Hearing. A Council member otherwise qualified to vote may not vote on a matter if the Council member was absent from all or part of the hearing, unless the Council member both (1) reviews the minutes and the staff report or listens to the audiotape of the entire portion of the hearing s/he missed, if the minutes are not available, and (2) reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.
7. Voting
7.1. Majority Vote Required
An affirmative vote of at least three Council members of the Council is required by law to adopt an ordinance, a resolution, and an order for the payment of money. An urgency (emergency) ordinance must be adopted by at least a 4/5 vote. Other matters may be adopted by the majority present.
7.2 Roll Call Votes
When required by state law, a roll call vote shall be taken on each motion before the Council. Additionally, Oon demand by any Council member, made before the "Noes" are called for, a roll call vote shall be taken on the a motion before the Council. The Mayor's name shall be called last with other Council members' names called at random by the City Clerk. Council members shall not give explanations for their vote during roll call.
7.3 Silence
During a collective vote (ayes and noes), silence of any Council member denotes an affirmative vote.
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 16 7.4 Tie Vote
A tie vote means that a motion fails. In the context of a public hearing on a land use matter, a tie vote means denial of the project.
7.5 Abstention
Abstaining from a vote (other than due to recusal) constitutes a vote with the majority, except that where there is a tie vote, an abstention constitutes a vote for the motion.
8. Officers
8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Mayor requires three affirmative votes.
The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process and by the Governor for military purposes. In the time of public danger or emergency, the Mayor, with the consent of the Council, shall cause order to be maintained and enforce laws. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.
8.2 Vice Mayor
The Council shall elect a Vice Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Vice Mayor becomes vacant for any reason. The term of office of the Vice Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Vice Mayor requires three affirmative votes.
The Vice Mayor shall serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.
9. Boards, Commissions, and Committees
9.1 Council Appointments
As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the City Council.
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 17 9.2 City Advisory Bodies, Regional Boards, and Commissions The City Council may create commissions, committees, and other groups to advise the Council. The Council shall appoint the members of those subordinate bodies as well as City representatives to Regional Boards and Commissions.
10. Ordinances
10.1 Document Preparation and Approval
All ordinances must be drafted by or approved by the City Attorney before being placed on the agenda.
10.2 Ordinance Introduction/Adoption
The title of a proposed ordinance will be considered to be read, unless a Council member requests a full reading. Ordinances shall not be adopted within five days of their introduction, or at other than regular Council meetings. However, an urgency ordinance may be passed immediately upon introduction, at either a regular or a special meeting, if a resolution substantiating the urgency has been adopted first.
10.3 Ordinance Preservation
Following adoption of an ordinance, the City Clerk shall assign a number to the ordinance, publish a summary and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk's office.
11. Administrative Matters
11.1 Correspondence
11.1.1 Electronic Correspondence
Council members shall use accounts issued to them by the City for all electronic correspondence (e.g., email) regarding City business. Council members shall not use accounts issued to them by the City for personal correspondence.
Council members may elect to forward copies of emails they receive to the City Clerk, who will include such emails in the staff reports for relevant agenda items and/or forward the emails to the whole City Council, if doing so would not violate the Brown Act.
Emails sent to the whole City Council via a general City email address will be reviewed by the City Manager or his/her designee and forwarded to all Council members, if doing so would not violate the Brown Act.
11.1.2 Other Correspondence
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 18 Written correspondence received by a Council member at City Hall by postal service, personal delivery, and messenger service shall be opened by staff and handled consistent with the City of Orinda Records Retention Program, which may require the City to retain a copy. Council members may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.
11.1.3 Website Privacy Notice
The City’s website privacy notice should explain that the public is encouraged to communicate with Council members by email and other means, but that the public should be aware that email and other written correspondence, including messages intended to be confidential, may be subject to disclosure under the California Public Records Act.
Additionally, the privacy notice should explain that such correspondence may be forwarded to other Council members, City staff and/or the public generally.
11.1.4 Compliance with State Law
The City retains electronic and other correspondence in accordance with State law and the City’s adopted Records Retention Program, which is available from the City Clerk.
For public records, the City complies with the State Public Records Act.
11.2 Confidentiality
Matters discussed in closed session and matters contained in City Attorney confidential memoranda are confidential and shall not be disclosed to anyone without prior authorization from the City Council acting together (closed session information) or from the City Attorney (confidential communications from the City Attorney).
11.3 Communications with the Public
Council members shall be clear in communications with the public when the opinions and positions they convey are their own individual positions and when they have been authorized by the Council to speak for the Council as a whole.
11.4 Relations with Staff
As required by OMC §2.08.080, Council members of the City Council shall deal with employees of the City through the City Manager, except to obtain information as necessary, in a limited manner.
12. Emergency Procedures
12.1 Emergency Special Meetings
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 19 Emergency special meetings may be called by the Mayor, a majority of the Council members, or the City Manager only in accordance with state law (see Government Code section 54956.5), which defines qualifying emergencies narrowly (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity).
12.2 Emergency Special Closed Session
During an emergency meeting, the City Council may meet in closed session pursuant to Government Code section 54957 (threat to public security) if agreed to by a two-thirds vote of the members of the City Council present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.
12.3 Emergency and Urgent Amendments to Regular Agendas Items may be added to a regular meeting agenda on an emergency or urgency basis only in accordance with state law (see Government Code section 54954.2(b)). a. The Council may add an emergency item to its agenda at a regular meeting if, by majority vote, it determines that the matter in question constitutes an emergency situation pursuant to Government Code section 54956.5 (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity). b. The Council may add an urgent item to its agenda at a regular meeting if it makes findings that: (1) there is a need to take immediate action, and (2) the need for action came to the attention of the City subsequent to the agenda being posted.
Those findings must be approved by two-thirds of the members of the City Council present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.
12.4 Emergency Declarations and Findings
In the event of an emergency, the Council may declare a local state of emergency and/or confirm an emergency declaration made by the City Manager. The Council may also make findings as appropriate to determine that normally-applicable procedures do not apply. Examples include the California Environmental Quality Act (see CEQA Guidelines sections 15269 & 15359) and the Public Contact Code (see Govt. Code sections 1102 & 22050). The Council may also, consistent with state and federal law, impose local curfews and other restrictions to safeguard life and property during an emergency.
12.5 Councilmembers Unavailable During Emergency
a. The City Council has designated the individuals serving in the following capacities to also serve as stand-by Councilmembers according to the ranked order in which they appear:
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual 20 1. Planning Commission, Chair
2. Supplemental Sales Tax Oversight Commission, Chair
3. Finance Advisory Committee, Chair
4. Parks & Recreation Commission, Chair
5. Transportation Safety Advisory Committee, Chair
6. Planning Commission, Vice Chair
7. Supplemental Sales Tax Oversight Commission, Vice Chair
8. Finance Advisory Committee, Vice Chair
9. Parks & Recreation Commission, Vice Chair
10. Transportation Safety Advisory Committee, Vice Chair Stand-by Councilmembers shall have the duties prescribed by State law. See Government Code section 8641.
b. If an insufficient number of the members of the Council are available to conduct necessary business at an emergency meeting, one or more stand-by Council members shall, following the ranked order above, be authorized to serve as Council members, for purposes of that emergency meeting only. The number of stand-by Councilmembers authorized to serve shall be the minimum number needed to conduct business at that emergency meeting of the City Council.
13. Suspension and Amendment of These Rules
13.1 Suspension
Any provision of these rules not required by state law or the Orinda Municipal Code may be temporarily suspended by a majority vote by the Council.
13.2 Amendment
These rules may be amended by resolution of the Council.
13.3 Rules Available for Public Review
A copy of these rules shall be available on the City’s website and at all meetings of the Council for review by the public.
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Attachment: City Council Policies Procedures Manual (potential 2022 updates) (v. 3 updated redline per 1.18.2022 CC direction) (2657 : Annual State of California
GOVERNMENT CODE
Section 54954.2
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site F.2.c
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Attachment: GOV_54954.2. (2657 : Annual Review of City Council Policy & Procedure Manual) and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu.
When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). (D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated F.2.c
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Attachment: GOV_54954.2. (2657 : Annual Review of City Council Policy & Procedure Manual) below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (Amended by Stats. 2016, Ch. 265, Sec. 1. (AB 2257) Effective January 1, 2017.) F.2.c
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Attachment: GOV_54954.2. (2657 : Annual Review of City Council Policy & Procedure Manual) F.2.d
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Attachment: Public Communications on Council Policy and Procedure Manual (2657 : Annual Review of City Council Policy & Procedure F.2.d
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Attachment: Public Communications on Council Policy and Procedure Manual (2657 : Annual Review of City Council Policy & Procedure City Council
Staff Report
Agenda Item: F.3
Date: February 1, 2022
Department: Planning Department
AGENDA TITLE: Authorize Contract Amendment No. 2 to Professional Planning Services Contract to Interwest Consulting Group for on-call contract planning services.
RECOMMENDATION:
Staff recommends the City Council: 1) Authorize the City Manager and City Clerk to execute Contract Amendment No. 2 with Interwest Consulting Group providing a term of up to two years and at a maximum cost of $150,000 and subject to approval as to form by the City Attorney.
BACKGROUND:
On February 19, 2021, the City of Orinda entered into a contract with a not-to-exceed amount of $25,000 with Interwest Consulting Group in order to provide on-call planning services to the Planning Department. On June 15, 2021, the City of Orinda executed Contract Amendment No. 1 to increase the maximum cost of the contract by $50,000 to $75,000. The purpose of the contract is to provide as needed staff support on current planning projects during periods of high demand or reduced staffing availability. The Staff had discussions with two firms related to these services. The assigned person from Interwest has previous experience with the City of Orinda. By assisting with current planning, costs can be recovered through the associated permit fees.
DISCUSSION:
Richard Smeaton is the professional assigned by Interwest Consulting Group to provide contract planning services for the Planning Department. Mr. Smeaton is experienced working as a contract planner for multiple local jurisdictions and previously was a contract planner for Orinda in 2015. Over the past year of the current contract, Mr.
Smeaton has worked on 26 projects for the City, primarily discretionary projects such as design review permits, exceptions, and elevated deck permits, as well as a limited number of ministerial plan check reviews. This assistance was invaluable during a period when the department had two staffing vacancies.
As of January 26, 2022, there is approximately $9,000 remaining unexpended from the current contract. Given that this has proven to be a productive resource over the last year, Staff is requesting authorization to increase the contract amount. Staff proposes to increase the contract not to exceed the maximum by an additional $75,000 for a total contract amount of $150,000. The City controls the projects or applications that are assigned and pays only for the hours worked.
If approved by the City Council, the existing contract (attached) would be revised to reflect a not-to-exceed amount of $150,000 in-lieu of the current $75,000 maximum. It is F.3
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also proposed that the agreement establish a term of two years (expiration date of February 1, 2023). No other changes are proposed to the contract.
In the short-term, the costs associated with this contract, which are almost fully recouped with permit fees, will begin to taper off as Mr. Smeaton wraps up most of his active permits and/or they are transferred to city staff now that the Planning Department is fully staffed. Staff is requesting the contract amendment in order to be prepared in the future for periods of high demand or reduced staffing availability if the need arises.
NEXT STEPS:
Upon City Council authorization, Contract Amendment No. 2 will be executed by the parties, subject to review by the City Attorney.
FISCAL IMPACT:
The actual fiscal impact of this contract amendment will depend on needs over the next two years. To the extent any future work by Interwest is for development review, the majority of the costs are recovered from permit-based fees. There may be occasional services related to general support that are not fee based. The Budget anticipated these costs.
ATTACHMENTS:
A. Draft Services Contract - City of Orinda and Interwest Consulting Group B. PROOF OF INSURANCE
Respectfully Submitted by:
Drummond Buckley
Director of Planning
Prepared By: Jim Frank, Associate Planner
Approved by:
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1 CITY OF ORINDA
SERVICES CONTRACT
Interwest Consulting Group (“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 assisting with review of entitlement applications, planning studies and general support to the Planning Department.
b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.
2. Duties of Provider.
a. Provider agrees to perform services described in Exhibit A, which is attached to this agreement and incorporated by this reference. Provider agrees to perform these services diligently in accordance with the standards of its profession and to City’s satisfaction.
Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in this agreement.
b. The parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services. c. Provider shall assign only competent personnel to perform services pursuant to this agreement. Provider shall notify City in writing of any changes in Provider’s staff assigned. City may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the City makes such a determination, Provider shall replace such person immediately.
3. Time of Performance.
a. This agreement shall not be effective and no payments shall be made to Provider until:
(i) City has received satisfactory evidence that Provider has met all of the insurance requirements, and
(ii) All required signatures have been obtained.
b. The effective date of this agreement shall be the date on which the last signature is affixed or on receipt of satisfactory evidence of insurance, whichever is later.
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City.
4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, not to exceed a maximum contract price of $150,000 for all services performed under this agreement. b. Provider shall bill City on a monthly basis for work done in the preceding month. 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.
Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of compliance upon request.
6. Conflict of Interest.
Provider understands that its professional responsibility is solely to City. Provider warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement. Provider shall not employ a person having such an interest in the performance of this agreement.
F.3.a
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 3 Provider and its agents or employees working under this agreement shall submit statements of economic interest under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by City.
7. Work Product, Intellectual Property and Records.
All documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royalty-free, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.
Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement.
In the performance of this agreement, Provider may be given access to confidential City information. Provider shall hold any such information in confidence.
Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.
8. Assignment; Subcontracts.
Provider’s services are considered unique and personal. Provider shall not assign or transfer its interest or obligation under this agreement without City’s prior written consent.
Provider shall not subcontract its duties under this agreement without City’s prior written consent. Any attempt to do so shall be null and void, and any assignees, subcontractors or transferees shall acquire no right or interest by reason of such attempted assignment, subcontracting or transfer.
9. Licenses and Compliance with Laws.
Provider represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals legally required for Provider to practice its profession and/or provide services under this agreement. Provider shall, at its sole cost and expense, keep in effect such licenses, permits, qualifications, insurance, and approvals at all times during the F.3.a
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 4 term of this agreement. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.
10. Insurance Types and Limits.
Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than $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 than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
11. Additional Insurance Requirements.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: City, its officers, officials, employees, and volunteers are to be covered as insureds on the Auto Liability policy and on the Commercial General Liability policy.
b. Primary Coverage: For any claims related to this agreement, Provider’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 5 c. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to City.
d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City. g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
12. Verification of Insurance.
Provider shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required herein.
Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before F.3.a
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 6 work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
13. Indemnification.
To the fullest extent allowed by law, Provider shall defend, indemnify and hold harmless City and its officers, employees, agents and volunteers from and against any and all liability, claims, suits, losses, injuries, damage, demands, expenses and costs (including, without limitation, attorney fees and expert fees) arising out of, pertaining to or relating to the negligence, recklessness, or willful misconduct of Provider in the performance of this agreement.
Provider shall not be obligated to indemnify City against liability arising from the sole negligence or willful misconduct by City. The provisions of this section survive termination of this agreement.
14. Equal Employment Opportunity.
Provider is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. In the performance of this agreement, Provider shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
15. Notices.
Any notice to be given under this agreement shall be in writing and addressed to the parties as follows:
City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
Paul Junker
Planning Services Group Leader
Interwest Consulting Group
1613 Santa Clara Drive
Roseville, CA 95661
16. Litigation.
If either party brings an action to enforce this agreement, the prevailing party is entitled to reasonable attorney fees and costs (including, but not limited to, expert witness fees and discovery costs).
17. Waivers.
Waiver of a breach or default under this agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this agreement.
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 7 18. Modification.
No waiver, modification or termination of this agreement is valid unless made in writing.
19. Severability.
If any provision of this agreement is held invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in effect to the greatest extent permitted by law.
20. Termination.
a. Termination Without Cause: At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. City shall then pay Provider for services satisfactorily rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.
21. Entire Agreement.
This agreement, together with its attachments, sets forth the entire understanding between the Parties and supersedes any oral or written understanding they may have had prior to the execution of this agreement. No other contract, statement, or promise relating to the subject matter of this agreement shall be valid or binding.
22. Governing Law and Venue.
The formation, interpretation, and performance of this agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this agreement shall be in Contra Costa County.
23. Authority to Enter Agreement.
Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the agreement. Each Party warrants that the individuals who have F.3.a
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 8 signed this agreement have the legal power, right, and authority to make this agreement and bind each respective Party.
24. Successors and Assigns.
This agreement shall be binding on the successors and assigns of the Parties.
25. Headings and Construction.
Headings appearing herein are descriptive only and for convenience in reference to this agreement. References to Provider include its agents, servants, and employees.
References to City include its officers, employees, agents, and volunteers.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Interwest Consulting Group
__________________________________
Date
Chief Operations Officer
Printed Title
Michael Kashiwagi, PE
Printed Name
Attachments:
Exhibit A – Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language F.3.a
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 9 Exhibit A
Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule (pages attached)
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 10 City of Orinda
Interwest Consulting Group
Planning Team Scope of Services
January xx, 2022
Services that the Interwest Planning Team typically provides, and that would be available to the City of Orinda on an as-needed basis at the request of the City, include:
Process various types of land use entitlement applications as needed through the City’s review process and prepare recommendations for action by City staff, Planning Commission and / or City Council.
Coordinate interdepartmental discretionary review of entitlement applications. Review applications and proposed projects and prepare documents as needed for compliance with the California Environmental Quality Act (CEQA).
Assist the City in conducting studies funded through SB 2 and/or LEAP grants. Process General Plan Amendments and Zoning Code Amendments as needed. Attend meetings of the City Council, Planning Commission, City staff, public officials, community leaders, developers, contractors and the general public as directed. Complete Planning reviews of building permits and tract maps are completed in a timely manner.
Conduct inspections for approved planning projects and monitor and evaluate implementation of conditions of approval as needed.
Update planning regulations, such Accessory Dwelling Units, to meet current State law Requirements.
Other planning-related duties as assigned by the Planning Director.
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 11 COMPENSATION / PAYMENT SCHEDULE
The rates displayed in the fee schedule below reflect Interwest’s current fees. While the City is currently requesting planning services, we have provided additional classifications that might be of service to the City in completing Community Development Department projects, as well as services that might be required by other Departments. Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations. Our rates will be firm for the first year of an agreement. In addition, there is no charge for shipping, supply or material costs.
Classification Hourly Billing Rate
Planning Services
Planning Manager ..................................................................................................................... $ 155 Principal Planner .......................................................................................................................... 145 Senior Planner............................................................................................................................. 135 Associate Project Planner............................................................................................................. 115 Assistant Planner............................................................................................................................ 70 Emergency Management
Managing Director........................................................................................................................ 180 Senior Emergency Manager ......................................................................................................... 125 Emergency Management Specialist ............................................................................................... 95 Organization and Leadership Development
Managing Director........................................................................................................................ 255 Senior Leadership Development Manager................................................................................... 175 Leadership Development Specialist.............................................................................................. 115 Real Estate
Corporate Broker.......................................................................................................................... 185 Project Manager........................................................................................................................... 160 Quality Manager........................................................................................................................... 135 Senior Acquisition / Relocation Agent.......................................................................................... 115 Property Manager........................................................................................................................ 105 Acquisition / Relocation Agent....................................................................................................... 95 Project and Escrow Coordinator..................................................................................................... 75 Administrative
Senior Administrative ..................................................................................................................... 70 Administrative III ............................................................................................................................ 65 Administrative II ............................................................................................................................. 60 Administrative I .............................................................................................................................. 55 Our invoices shall reference the project title, entitlement project or tracking number, and list charges by task, worker classification hours, billing rate, and totals. Each invoice shall contain a progress report describing the work completed during the billing period.
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) 12 Exhibit B
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
261914.1
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Attachment: Draft Services Contract - City of Orinda and Interwest Consulting Group [Revision 1] (2662 : Interwest 2nd Contract Amendment) F.3.b
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Attachment: PROOF OF INSURANCE (2662 : Interwest 2nd Contract Amendment) F.3.b
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Attachment: PROOF OF INSURANCE (2662 : Interwest 2nd Contract Amendment) F.3.b
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Packet Pg. 120 Attachment: PROOF OF INSURANCE (2662 : Interwest 2nd Contract Amendment) F.3.b
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Packet Pg. 125 Attachment: PROOF OF INSURANCE (2662 : Interwest 2nd Contract Amendment) City Council
Staff Report
Agenda Item: F.4
Date: February 1, 2022
Department: Administration
AGENDA TITLE: Authorization For Continued Use of Remote Teleconference for City Meetings
RECOMMENDATION:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of February 2nd, 2022 to March 3, 2022 Pursuant to the Provisions of Assembly Bill 361.
BACKGROUND:
On October 5th, 2021 the Orinda City Council adopted Resolution No. 42-21 (see link below) approving the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361. The resolution was ratified on October 19th, and at subsequent meetings through 2021 and beginning of 2022.
DISCUSSION:
At the time of adoption, the City Council anticipated that the resolution would appear on its consent calendar for review and ratification or update at regular Council meetings.
The State law authorizes the continuation for as long as the Governor’s proclaimed state of emergency relating to the COVID-19 pandemic remains in effect. On November 10, 2021 Governor Newsom issued an Executive Order which extends the emergency proclamation to March 31, 2022. State law also provides that the City Council determine that they desire to continue remote public meetings and make the necessary findings at least every thirty days. Those findings were contained in Orinda City Council Resolution No. 42-21, which staff recommends the Council vote to ratify based on current conditions.
Approval of this item will allow all public bodies established by the City of Orinda and covered by Resolution No. 42-21 to continue to conduct teleconferencing meetings.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Weblink to: Staff Report, Adopted Resolution at October 5, 2021 Council Meeting Respectfully Submitted by:
David Biggs
City Manager
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Prepared By: Sheri Smith, City Clerk
Approved by:
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City Council
Staff Report
Agenda Item: H.1
Date: February 1, 2022
Department:
Public Works and
Engineering Services
AGENDA TITLE: Consider the Appeal of MOFD’s Staff Rejection of Dalewood Drive Speed Cushions without a 20 Foot Offset
RECOMMENDATION:
Consider TSAC’s recommendation to appeal said rejection to the Moraga Orinda Fire District Board of Appeals, discuss other options and provide direction for next steps BACKGROUND:
In October 2009, the City Council adopted the Neighborhood Traffic Management Program (NTMP) guidelines as recommended by the Traffic Safety Advisory Committee (TSAC). This program outlines a process which empowers the City’s residents to develop and implement traffic calming improvements for their own neighborhood. The guidelines help educate the public about the philosophy of traffic calming; the regulations the City must follow for compliance with federal, state, and local laws; and, provides other guidance. It provides a step by step process for a neighborhood on how to initiate a traffic calming request. Upon submittal Staff: conducts an evaluation of the request; solicits neighborhood input aimed at forming a neighborhood action team to build a consensus; and conducts neighborhood advisory voting/polling of affected property owners. The item is then presented to the TSAC for a recommendation to the City Council.
On Page 22 of the Orinda Neighborhood Traffic Management Program (Attachment A), “Prerequisites for Speed Cushions” requires City staff to conduct a “traffic study” to ascertain the nature of the problem. It should be clarified that said study is in fact performed during the staff field review of street geometry and the surrounding roadway to evaluate the impact to alternate detour routes that drivers may use to avoid the speed cushions. To evaluate speed cushion locations, the City does not need to perform traffic impact studies or engineering studies (which would be performed by a traffic engineering consultant). In addition, as this is a self-imposed step, it is not a legal mandate.
Speed cushions are rubber bumps that are placed in the roadway to slow traffic, with approximate dimensions of 6 ft. x 6 ft. x 3 inches high in the center. Speed cushions are believed to be less of an impact to fire engine use than speed humps since cushions can be placed to allow the front tires of an engine to traverse the bumps. See Attachments B and C, which show views of speed cushions and speed humps.
According to information on the Federal Highway Administration website (Attachment D), “In Danville, California it was found that no delay occurred in response time with speed cushions, compared to a 10 to 15 second delay observed with speed humps.” H.1
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There are 6 locations on city streets in Orinda that utilize speed cushions (excluding those in the parking lots and access roads to the Wilder Fields), with the most recent installation near 262 Sundown Terrace. The installations generally are in-line as shown in Attachment B, with no offset between the cushions in each traffic direction. Many of the speed cushion requests that TSAC reviews end up not being installed since it requires unanimous approval of property owners within 40 feet of the proposed cushion.
The most recent successful request was received in June 2019, when TSAC received a request for traffic calming measures to reduce vehicular speeds along Dalewood Drive.
After completing the entire TSAC review process, including the advisory voting/polling, the proposed Level 3 measures (speed cushions) were unanimously recommended by TSAC at their July 19, 2021 meeting. In preparation of the final step (City Council approval), Staff requested that Moraga Orinda Fire District (MOFD) comment on the Dalewood Drive speed cushions.
DISCUSSION:
In response to City Staff’s request, MOFD provided comments (prepared by their plan review/code consultant) on September 20, 2021 (Attachment E), which requested revising the installation by offsetting the cushions by at least 20 ft. MOFD cites authority under California Fire Code section 503.4.1:
Traffic calming devices, including but not limited to, speed bumps and speed humps, shall be prohibited unless approved by the fire code official. (Ord. 2017-0003 § 120, 2017.) City Staff believes such approval by the MOFD is required and therefore if speed cushions without an offset are desired, an Appeal would be needed.
The MOFD has not objected to the speed cushions in the past. City Staff is not in favor of an offset, as it may tempt drivers to illegally use the offset to avoid going over the speed cushions. Staff believes the incremental time that an emergency vehicle gains by maneuvering around the cushions versus going over them (or partially straddling them) is not significant.
At their December 20, 2021 meeting, the TSAC unanimously recommended City Council direct Staff to appeal MOFD’s rejection of speed cushions without a 20 foot offset. There has been significant resident support for keeping the speed cushion alignment without an offset.
NEXT STEPS:
City Council may direct Staff in one of the following manners:
Submit an Appeal to the MOFD Board of Appeals (which is the Fire District Board)
Accept the MOFD revision and move forward with installing the speed cushions with an offset of at least 20 ft. Staff would return to City Council for formal approval.
Advise TSAC that alternate traffic control measures should be considered at this location.
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FISCAL IMPACT:
Impact will depend on direction received. Cost of installing cushions, if performed, would be covered under CIP project #4107, Traffic Calming Improvements Program.
ATTACHMENTS:
A. Orinda Neighborhood Traffic Mgmt Program - 10-09
B. Speed Cushion sketch - NACTO
C. Speed Hump sketch - NACTO
D. FHWA website Traffic Calming ePrimer - Safety _ Federal Highway Administration E. MOFD plan review 9-20-2021, 21-2911 Dalewood Rd FC1 Site Access Review Comments
Respectfully Submitted by:
Scott Christie
Acting Public Works Director
Prepared By: Scott Christie, Acting Public Works Director Approved by:
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I •
I
I Prepared by: City of Orinda Traffic Safety Advisory Committee Adopted: October 2009 I H.1.a
Packet Pg. 131 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) H.1.a
Packet Pg. 132 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Table of Contents
A. Introduction ................................................................................... 1 Definition and Purpose of Traffic Calming ......................................................................................... l Balancing the E's: Education, Enforcement and Engineering ......................................................... 2 Traffic Calming Measures ....................................................................................................................... 2 What are Not Traffic Calming Measures ............................................................................................. 3 B. Implementation Process ..................................................................... 4 Flowchart of "City of Orinda Neighborhood Traffic Management Process" ............................... 9 C. Toolbox of Traffic Calming Measures ................................................... 10 Level 1 Measures: Education and Enforcement.. ............................................................................. 11 Level 2 Measures: Signs and Pavement Markings ............................................................................. 15 Level 3 Measures: Physical Devices ..................................................................................................... 19 D. Appendix ..................................................................................... 34 Traffic Calming Request Form
Glossary of Terms
List of Arterial and Collector Streets - City of Orinda Acknowledgments
City Council
Sue Severson, Mayor
Thomas T. McCormick, Vice Mayor
Steve Glazer
Victoria Smith
Amy Worth
City Staff
Janice Carey, City Engineer
Bill French, Police Chief
Janet Keeter, City Manager
Traffic Safety Advisory Committee
Gary Moore, Chairman
Steve Schnier, Vice Chairman
John Eddy
Tom MacKinnon
Nan Reed
Mark Roberts
Tracey Seals
City of Orinda Neighborhood Traffic Management Program, October 2009 Page i H.1.a
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Packet Pg. 134 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) A. Introduction
The City of Orinda is a family-oriented community in a semi-rural setting just east of the Caldecott Tunnel in Contra Costa County, California. The City maintains approximately 92 miles of public streets, most of which are in residential neighborhoods. Residential streets can be described as narrow, winding, and hilly. Major arterials such as Moraga Way, Glorietta Boulevard, Rheem Boulevard, and Camino Pablo serve residents and commuters traveling through Orinda and to other communities.
In 2006, the Orinda City Council took the proactive initiative to create a Traffic Safety Advisory Committee (ISAC), with duties defined by Resolution #10-06. This committee of seven Orinda residents appointed by City Council is charged with working both with the City Council and citizens to address community concerns on a wide range of traffic and safety related topics that impact the Orinda community. Two City Council members, as well as Police Department and Public Works and Engineering Services Department staff, act as liaisons to the TSAC.
The City Council established the TSAC to empower residents and to develop and implement a Neighborhood Traffic Management Program that incorporates methods of "Traffic Ca/min[' for neighborhood streets. The Neighborhood Traffic Management Program is set forth in these guidelines. Residents can use this program to learn about the philosophy of traffic calming, how to initiate the traffic calming request procedure, details of the implementation process, and the various traffic calming methods available. Although some requests can be handled at the staff level, this program allows residents to participate in the process for finding solutions to traffic concerns in their neighborhood.
This Neighborhood Traffic Management Program is intended to apply to residential neighborhood streets. It is not applicable to arterials and may not be suitable in all cases to collector streets. A list of arterials and collector streets is attached as Attachment B.
Definition and Purpose of Traffic Calming
The term " traffic calming" is defined by the Institute of Transportation Engineers (!TE), an international educational and scientific association of transportation professionals, as follows:
''Traffic Calming is the combination of main!J physical measures that reduce the negative effects of motor vehicle use, after driver behavior and improve conditions for non-motorized street users. "
More specifically, traffic calming measures are designed to:
);;>. Reduce conflicts between vehicles, bicyclists, and pedestrians );;>. Reduce the occurrence of excessive speeding
);:>. Reduce through traffic
);;>. Reduce tl.uck traffic
);;>. Reduce noise, vibration, and air pollution
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 1 H.1.a
Packet Pg. 135 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) ~ Reduce accidents
In summary, the ultimate goal for a neighborhood traffic management program is to provide a safer and more livable environment for residents, pedestrians, bicyclists, and children.
The Three E's of Traffic Calming: Education, Enforcement and Engineering
Education, Enforcement, and Engineering, known collectively as the "3 E's", are elements that are typically used to implement successful traffic calming programs.
After the identification of a neighborhood traffic problem, an integrated approach is used to develop measures that consider the "3 E's": Education, Enforcement and Engineering. ~ Education: Residents receive the information and tools necessary to become active participants in addressing their neighborhood traffic concerns and to make informed decisions. Educational aspects of the program also promote community building, which promotes respect for one's neighborhood.
~ Enforcement: Targeted police enforcement of existing speed limits and traffic signs can be requested to increase community awareness of the importance of obeying traffic laws. ~ Engineering: Engineering involves the installation of physical features that help solve traffic problems and encourage vehicular traffic to obey the traffic laws.
Experience with other similar programs has shown that applying only one of these Es without the other two may not be successful. For instance, some communities have tushed to install physical devices engineered for the area, only to find that the initial problem is not resolved and secondary problems appear.
Traffic Calming Measures
The need for traffic calming will vary from street to street and neighborhood to neighborhood. The Neighborhood Traffic Management Program recognizes that solving a varied set of traffic concerns requires a similarly diverse set of traffic calming tools. The Neighborhood Traffic Management Program categorizes the traffic calming measures into three levels based on increasing complexity, neighborhood participation and community review. Information on specific traffic calming measures within each level is provided in Section C, "Traffic Calming Toolbox." ~ Level 1 Measures are educational and enforcement measures such as educational materials, neighborhood traffic calming workshops, neighborhood awareness campaigns, radar speed display units placed in the neighborhood, and targeted police enforcement ~ Level 2 Measures include installing additional traffic signs and pavement markings. Signs may include additional speed limit signs, advanced notification of crosswalk signs, or neighborhood signs. Pavement markings may consist of high visibility crosswalks and lane narrowillg.
~ Level 3 Measures include physical changes to the roadway, turn restrictions and foced radar displays. The objective of the physical changes is to decrease travel speed and, in some City of Orinda Neighborhood Traffic Management Program, October 2009 Page 2 H.1.a
Packet Pg. 136 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) cases, to discourage cut-through traffic. Speed cushions, raised crosswalks, raised intersections, curb extensions, chicanes, traffic circles, median barriers, channelizing islands, sidewalks, pathways, and gateway treatments are examples of Level 3 measures.
What Are Not Traffic Calming Measures
Traffic calming does not encompass all traffic control measures. Stop signs and changes in the speed limit are not traffic calming measures. Stop signs and changes in the speed limit require adherence to State guidelines, also known as "warrants", and are beyond the scope of this Neighborhood Traffic Management Program. Written requests for stop signs or changes in the posted speed limit should be made directly to the City Engineer.
Residents should be aware that there are maintenance issues relating to traffic safety that the City Public Works and Engineering Se1-vices Department addresses without the TSAC participation. Such issues include trimming shrubs that obstruct sight distance, replacing worn or missing signs, restriping lane lines and shoulders, etc. For maintenance issues, including questions about compliance with the City's tree and shrub trimming guidelines, the public should phone tlle Public Works and Engineering Se1-vices Department at (925) 253-4231.
Level 1 Measures
Level 1 tools are neighborhood-initiated measures that do not need formal City approval. These measures can be requested and implemented at any tinle by interested residents without approval of the TSAC.
Requests for targeted non-emergency traffic law enforcement and placement of radar speed display units in a neighborhood may be made directly to the Police Department at (925) 254-6820.
A neighborhood can implement Level 1 measures and still be considered for Level 2 and/ or Level 3 measures. Level 1 measures may also be considered and used in conjunction with Level 2 and/ or Level Measures requested in accordance with the implementation process described in the next section.
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Packet Pg. 137 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) B. Implementation Process for Level 2 and Level 3
Measures
T his section describes the process by which residents may initiate requests for Level 2 and Level traffic calming measures and City Staff, TSAC and the City Council will evaluate and act on those requests. A flow chart depicting the process in general terms is shown below.
Step 1: Traffic Calming Initial Request:
Consideration of requests for Level 2 and Level 3 Measures begins when a resident submits a Traffic Calming Request Form to the City E ngineer.
• The form, shoum in Section D. Appendix, asks the resident/ petitioner to desctibe his or her concerns regarding traffic safe(} and to recommend potential sol11tions. • The requesting resident t1111st obtain a/so sig11at11resfivm three other reside11ts, each fivm different ho11seholds within the immediate area, com·11ni11g that there is a traffic pmblem.
For questions about traffic calming requests, the public should phone the Public Works and Engineering Services Department at (925) 253-4231.
Step 2: Staff Evaluation of Request
City Staff will make an initial determination whether the request involves Level 2 and 3 traffic calming measures. Staff will collect available traffic, accident, speed survey and o ther data relevant to the request.
If City Staff determines that the Level 2 and/ or Level 3 measures may be appropriate, it will forward the request, along with its initial assessment and available data, to the TSAC and place it on the agenda for consideration.
Step 3: TSAC Meeting with Requesting Residents: Level 2 and Level 3 Qualification Reviei.v.
The TSAC will review the request at a publicly noticed TSAC meeting. • The requesting residents 1vil/ be notified ef the meeting and invited to attend and dismss their concerns and 1vhether Leve/ 2 or Level 3 meas1tres co11/cl pmvide potential sol1ttio11s.
If the TSAC concludes that Level 2 or Level 3 measures may potentially be appropriate to reduce traffic problems, the process then proceeds to the Neighborhood Meeting process described in the next step.
Step 4: Neighborhood Meeting and Formation of Neighborhood Advisory Team:
The TSAC and City Staff will schedule a neighborhood meeting. City Staff will determine the scope of the affected neighborhood and mail notices of the neighborhood meeting to residents of the neighborhood.
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Packet Pg. 138 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) One or more members of the TSAC and City Staff will attend the scheduled meeting where they will describe the City's Neighborhood Traffic Management Program and explain the various measures in the Traffic Calming Toolbox.
• The reqmsting nside11ts t111d other msidents t1ltendi1zg the meeting !Viii be invited to dimw tmlfic prohle111s in their nezghhodJOod, ide11tifj potential ,goals a11d frsms Jllith re,ganl to tralJic cal111i1zg, and oj)er s1zggestio11sjor soh!tio11sjor co11sidemtio11.
At the meeting, the City will ask for volunteers to be part of a Neighborhood i\dvisoty Team (NAT) to work with Staff to develop a traffic management plan. • T!ie NAT is a selfse!ededgro11p o/mide11ts. The NAT may i11c!l/(le one or mo1" o/the 01igi11a! nql/esti11,g miden!J; as JVe!! as other mide11ts. The City e11comrzges those i11vo!ved ivith the NAT to seek 1rpmse11tativesfiv111 a divene ,gro11p o;·midents/ivm variom,ge~gmphiml mws 011 or mar the affected stmt a11d 1vith diffim11t i11tmsts and poinls o/oieiv.
Step 5: Development of Plan:
City Staff, with assistance and feedback of the NAT, will consider appropriate Level 2 and/ or 3 measures (and any Level l measures that may be used in conjunction with Level 2 and/ or Level 3 measures) and develop a draft traffic management plan. • The N/lT 1vi!! asJist the Staflin developing a pla11 and provide jieclhack to StalJ:
Depending on the complexity of the problem, traffic studies and guidance from a professional transportation or traffic engineer may also be needed. If Staff determines that such outside professional assistance is required, the City will be responsible for retaining and paying the fees of a professional transportation or traffic engineer (subject to available funding).
Step 6: Second Neighborhood Meeting:
Once a draft plan is developed, City Staff, with the assistance of the NJ\'l', will present it at a second Neighborhood Meeting for review and comment by the residents of the neighborhood. The City will provide a letter and notice of the Neighborhood Meeting.
The letter will be mailed by the City at a minimum to all residents of the affected street (see Glossary at the end of these guidelines for definitions of these terms). • The NAT 1vi// cwist Sta[/ in pme11ti11,g a11d exp!ai11i11,g the dm/i pla11. • /lll i11tem"fed midenls tl!tlJ atte11d the !lleeti1zg a11d provide co11mzenls.
Step 7: Revision of Proposed Plan (if necessmy):
City Staff, with the assistance of the NAT, may revise the plan based on comments from the Second Neighborhood Meeting.
• The N/lT 1vil! t1Hist the Staflin 1rvisi1zg the plan.
The proposed plan will be forwarded by City Staff to the TSAC.
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Packet Pg. 139 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Step 8: TSAC Review and Approwl:
At a publicly noticed TSAC meeting, the TSAC will evaluate any proposed plans based on (a) the potential success of the plan to "calm" traffic on the affected street, (b) any potential adverse impacts on the affected street or in other neighborhoods (c) whether the proposed measures meet traffic engineering or other requirements applicable to such measures, and ( d) public comments received at the meeting.
• Residents ef the neiffalxlrhocd, and any other interested rrerrixrs ef the pubHc, rmy attend the TSA C mx:t:ing and rffer tlxir rorrm?nts on the projX6ed plan A majority of the TSAC must approve any plan with any Level 2 or Level 3 measures. The TSAC may approve the plan as a whole or individual measures within the plan.
Level 2 measures if approved by the TSAC will be forwarded with the TSACs recommendations to the City Council for consideration.
The TSACs approval of Level 3 measures will be subject to property owner approval and a neighborhood advisory vote as set forth in Step 9 below.
Step 9: Neighborhood Advisory Vote for Level 3 Measures:
The TSACs approval for any Level 3 measure(s) will be subject to the following two requirements:
(1) In case of speed cushions (and other specified Level 3 measures, if so designated by the TSAC from time to time), written approval of all owners of residential property abutting the street within forty feet ( 40') on either side of the location of the proposed speed cushion (or other designated Level 3 measure), measured in the case of speed cushions from the center line of the speed cushion projected to the side of the street; and
(2) Support of the residents of the affected street, determined by a neighborhood advisoryvote as follows:
The advisory vote will be conducted if and after the TSAC has conditionally approved the proposed Level 3 measure(s) in Step 8 above, and, if required, the approval of abutting residential property owners as described in item (1) of this Step 9 has been obtained.
The City -will send all residents of the affected street a notice with a description of the proposed Level 3 measures and an advisory voting notice regarding the proposed measures.
The response time for the advisory vote will be 30 (thirty) days. The TSAC may extend the ballot time if sufficient response is not received. The approximate location of speed cushions (and where feasible, other Level 3 measures) will be marked with paint by City Staff prior to the neighborhood advisory vote.
• The petitioners rmy Ix '11XjUired to pay for the associated eme/,opes, lakls, and p!FtafF • E adJ househdd ef residents ef the affected strret Wll Ix asked in the adUsory wting notia? to resjXJnd to indimte 'lRhether they apprme or disapprme ef the prop!Fed LCTEl 3 nwsure If the plan City of Orinda Neighborhood Traffic Management Program, October 2009 Page 6 H.1.a
Packet Pg. 140 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) indudes nvre than one Leul 3 m:asure on the affect«l stnJ?t, the appraud or disapproml m1St relate to the plan for Leul 3 m:asures on the affect«l street as a 'lfhde, not indiUdual m:asures. A "househdd" refers to all residents residing at a gjun street address on the affect«l street Ordy one response per househdd WJl b: IJJUl11ed.
To demonstrate the requisite level of resident support for the Level 3 measures, the results of the neighborhood advisory vote must show that at least 60% of the responding households on the affected street approve the Level 3 measures.
Further, to constitute an effective neighborhood advisory vote, at least 50% of the households on the affected street must have responded (with an affirmative or negative response).
Step 10: Review of Advisory Vote Results:
Individual "advisory votes" are kept confidential by City staff and only the vote totals are announced by City staff to the TSAC and the public.
If the results of the neighborhood advisory vote show that the Level 3 measures have the requisite property owner and neighborhood support, the TSAC will forward the proposed plan, with its recommendations for traffic calming measures, funding and prioritization of the measures, to the City Council for consideration.
If results of the neighborhood advisory vote do not show the requisite support, Staff with the assistance of the NAT may, if so requested by the NAT, revise the plan beginning again with the Development of Plan step (Step 5), provided that a second neighborhood advisory vote will in most cases not be conducted for at least six months after the mailing date of the first neighborhood advisory vote.
Step 11: City Council Review and Funding:
Level 2 and Level 3 measures require the approval of the City Council.
The City Council will take into consideration the TSACs recommendation and the neighborhood's support for the plan. However, the determination whether or not to approve the proposed Level 2 or Level 3 measures remains in the discretion of the City Council.
If the Council does not approve the measures, the matter may be referred back to the TSAC for further consideration.
The review process will consider sources of funding the measures. Funding for traffic calming projects, lil1:e other proposed expenditures of City funds, will be subject to final approval and appropriation by the City Council. Level 2 and Level 3 measures, if approved, generally will be funded from the City's annual capital improvement plan budget. Funding sources may come from City Council allocations, neighborhood contributions, and grants.
Implementation of traffic calming projects may be prioritized as the City Council deems appropnate.
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Packet Pg. 141 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) • 111 so111e cases, pmtimlar!y i11 the case of plans that a/Jed 011/y a lz!11ited 12e1;ghho1hood, the 11ezghhotf1ood 111ay he asked lo jimc/ all Or a porliOll o/ fJJve/ J JlletlSlllrS, or the nezghhotf1ood may 1vish to accelerate imp!eme11tation o/the pla11 hyji111di11,g it. • I/the midents/irmish a cash deposit covering thejirll cost ofa City CorrrmJ apprvved plan, thm the City may order and install the Level 3 111eas111u mlled/or hy the plan as soo11 asjimihle. The 1rside12ts may, i11 lim o/havirzg the Cilype1fim11 the work, enter into cm cwre111enl 1vith a limtsed contractor to install the JJJve! 3 mecwrres. The co11tractor JVotr!d be 1rq112ird lo obtain a 110 cost BnovadJ11m1t Pm11it jivm the City p1ior lo installing the 111easmn in compliance with City standards. '!'he per1nit req11ireJJ1el!IS shall inc!11de insl!rance and i11de1n11ijication provisions siJ1nlar to the prvvisions in a standard City co11trad.
Step 12: Mo11itori11g; Modification or Removal:
Once Level 2 and Level 3 measures are implemented, City Staff will monitor and evaluate the effectiveness of the measures. If Staff determines that the measures need minor modifications to improve its effectiveness, the TSAC will review and may approve any necessary minor changes recommended by Staff without further City Council approval.
The City reserves the right to modify or removal any traffic calming measures at any time in the case of unsafe or other good cause. Removal or major modifications require City Council approval.
• Residents may trqrrest lo have the tra/Jic calming 111eas1ms m11oved in ))!hole or in pent or modified. /lily 1rquestsjor m11oval or IJ!ajor changes mr J11hjed to the same approval prvcess as the otzginal plan, i11chrdi1zg nezghhodJOod ad11iso1y vote and approval ill the case o/!JJ11el 3 111eas111rs (exicpt that ah11!ti1z~ 011mer approval is not 1rq11i1~djor m11ova1. !tt .~erteral, 110 1rq11ests/or major J1Jodi/icatio11s or 1rmoval 1vt!I he considmd 1mtil the 111eas1ms have hee11 in place.for a 111i11i11111111o/12 months.
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Packet Pg. 142 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) City of Orinda
Neighborhood Traffic Management Process
I ssue Addressed by Routine
Maintenance
then No Further Action
Ste p 9 : NEIGHBORHOOD
ADVISORY VOTE for
LEVEL 3 MEASURES Poll Conducted b V Cltv
• 100% of property Owners within 40 feet of
Speed Cushions and other designat ed
Level 3 Measures must be in Favor Prior to
Neighborhood Advisory Vote
• 50% of Households of Affected Street must
ResPond t o Advisory Vote·and 60% of
Responding Households m ust be in Favor
Step 10: REVIEW OF ADVISORY VOTE
RESULTS and FUNDING • TSAC Meeting
• Provide Traffic Calm ing, Fu nding, and Prioriti?ation Recommendations to Citv Cou ncil
• Provide Funding A.ecommendatlon to City Council:
Either City Funded or Pt1vate Donation
Ste p 2: STAFF EVALUATION OF REQUEST • Acknowledges Receipt of Request and • Sends Traffic Calming Guidelines
• Assesses Potential Need for Traffic Calming and Collects Data St ep 3: TSAC MEETING with PETITIONERS • Petitioners Present Traffic Concerns • Discuss Level 11 21 and 3 Traffic calming Options
• TSAC Determines if Level 2 a nd/or Level 3 Measures May be Appropriate Level 2 and/or
Level 3 Measures
St ep 4 : NEIGHBORHOOD MEETING and FORMATION OF
NEIGHBORHOOD ADVISORY TEAM (NAT) • TSAC Representatives, City Staff, a nd Neighborhood Residents Discuss Concerns and Review Cn1tial Recommended Measures
• Formation of Neighborhood Advisory Team (NAn
St ep 5: DEVELOPMENT OF PLAN Oty Staff and HAT Meet and Develop a Plan St e p 6: SECOND NEIGHBORHOOD MEETING City Staff and NAT hold NelghborhOOd Meeting to Review Plan TSAC
Recommends
Level 3
Measures
St ep 7 : REVISION OF PROPOSED PLAN Otv Staff and NAT Revise Plans as Appropriate and 14----, Submit to TSAC TSAC
Recommends
Level 2 Measures
Step 11:
CITY
COUNCIL REVIEW a nd
APPROVAL
Disapprove
Step 12: IMPLEMENTATION,
MONITORING, MODIFICATION, or
REMOVAL of
LEVEL 2 and/or LEVEL 3 MEASURES
Level J
Measures
Disapprove
The flowchart depicts, in general terms, the flow of the process for consideration and approval of traffic calming requests. The chart does not include all the details of the process. For detailed description of the process, please see the City of Orinda Neighborhood Traffic Management Program • Section 8. Implementation Process.
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Packet Pg. 143 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) C. Toolbox of Traffic Calming Measures
This section describes many traffic calming tools that are currently available to address a variety of residential traffic and safety issues. The list of tools is not intended to be exclusive; additional traffic calming tools may be considered by TSAC and utilized as appropriate as new features emerge or experience better defines the effectiveness of traffic calming tools.
Each traffic calming tool described in this toolbox has appropriate applications, limitations on its use, advantages, disadvantages, and costs associated with it. Before considering any traffic calming tool or a combination of tools, it is important to clearly understand the residents' concerns and the factors or conditions that generated those concerns, as well as all of the issues associated with each tool to identify the most appropriate one for the circumstances.
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Packet Pg. 144 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Level 1 Measures: Education and Enforcement
Level 1 traffic calming measures include education and enforcement tools.
Education and enforcement measures allow residents to take immediate action to address their issues. The TSAC and City Staff will assist the neighborhood with developing educational programs.
The traffic calming measures included in Level 1 arc:
> Traffic Safety Events and Brochures;
> Mobile Radar Speed Display Units; and
> Targeted Police Enforcement.
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Packet Pg. 145 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Traffic Safety Events and Brochures - Level 1 Measure
Programs may include traffic calming workshops and/ or neighborhood traffic safety campaigns.
Traffic calming workshops held at local schools and community centers can provide a forum for residents to learn about traffic calming, local and citywide issues, and how residents can be part of the solution. Neighborhood traffic safety campaigns may include personalized letters, flyers, posters, bumper stickers, and newsletters. These measures may in many cases be undertaken by residents with very limited City involvement.
Approximate Cost: Varies depending on class curriculums and publications.
Advantages:
~ Allows residents to learn about issues;
~ Information is geared towards specific audiences; and ~ No approval from City required.
Disadvantages:
~ Effectiveness may be temporary;
~ Requires time commitment from residents and, in some cases, City staff; and ~ Effectiveness is a function of attendance.
Examples:
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Packet Pg. 146 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Mobile Radar Speed Display Units - Level 1 Measure
A radar trailer is a device that measures each approaching vehicle's speed. The vehicle's speed is displayed next to the legal speed limit, reminding speeding drivers to slow to the speed limit. The trailer can be placed on a street for a limited amount of time then relocated to another street, allowing a single device to be effective in many locations. As of 2009, the City has one speed display trailer. Residents may request the tempora1-y placement of the radar speed display unit in their neighborhood. A request for deploying the unit may be made directly to the Orinda Police Department at (925) 254-6820.
Approximate Cost: $10,000 - $15,000 per additional trailer Advantages:
~ Provides immediate feedback to drivers on their driving speeds; ~ Does not slow emergency vehicles; and
~ Effective in reducing speeds in the short-term.
Disadvantages:
~ Not an enforcement tool;
~ Requires City staff set-up and removal;
~ E ffectiveness may be temporary;
~ Less effective on multi-lane roads; and
~ Subject to vandalism.
Example:
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Packet Pg. 147 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Targeted Speed Enforcement - Level 1 Measure
The intended benefit of targeted police enforcement is to increase awareness of speed limits and to reduce speeds. Because of limited citywide resources, enforcement must be targeted in terms of location and cannot be undertaken at all times or be continued indefinitely. Residents may request targeted police enforcement and provide the police with the time and location when speeding is most prevalent along a subject street. A request for targeted enforcement may be made directly to the Orinda Police Department at (925) 254-6820.
Approximate Cost: In-kind City staff time
Advantages:
);:> Visible enforcement very effective;
);:> Increases driver awareness;
);:> Can be applied on short notice;
);:> Does not slow emergency vehicles; and
);:> Effective in reducing speeds in a short time frame.
Disadvantages:
);:> Expensive to maintain an increased level of enforcement; and );:> Effectiveness may be temporary without the presence of police.
Example:
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Packet Pg. 148 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Level 2 Measures: Signs and Pavement Markings
Level 2 tools include installing new traffic related signs, establishing high visibility crosswalks, and re-striping a street to provide narrower travel lanes. Level 2 measures are generally lower cost than Level 3 measures. Like Level 3 measures, Level 2 measures require City Council approval.
The tools included in Level 2 arc:
> Traffic Signagc;
> High Visibility Crosswalks; and
> Narrow Lane Striping.
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Packet Pg. 149 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Traffic Signage- Level 2 Measure
Traffic signs that can be used as a traffic calming measures include:
)> Additional Speed Limit signs
)> Advanced Warning Signs (e.g., Pedestrian Crossing Ahead); )> Grade Signs; and
)> Neighborhood Signs (e.g., signs that notify drivers they are entering a neighborhood).
Please note that new Stop signs and changes in the speed limit are N OT traffic calming tools. Both require regulatory changes that must adhere to strict State guidelines, also known as warrants.
Installation of new stop signs or changes to the speed limit can only be done after a comprehensive engineering analysis based on traffic volumes, travel speeds, accident history, pedestrian activity, and unusual geometric conditions. These factors determine whether that particular warrant is met.
Misplaced stop signs can create a false sense of security for pedestrians and an attitude o f contempt in a motorist. Incorrectly set speed limits are deemed a "speed trap" and are not enfo rceable. The prima facie speed in all residential areas is 25 mph unless otherwise signed. Turn restriction signs are considered Level 3 measures because of special considerations and additional information requirements associated with these signs.
Approximate Cost: $150 per sign
Advantages:
)> Inexpensive to install;
)> Increases driver awareness; and
)> Does not significantly slow emergency vehicles.
Disadvantages:
)> Speed limit signs may be ineffective if unaccompanied by increased police enforcement; )> Potential sign clutter;
)> Neighborhood signs are not standard, and may cause some confusion; and )> Subject to vandalism.
Example:
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Packet Pg. 150 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) High-Visibility Crosswalk - Level 2 Measure
High-visibility crosswalks can be created by painting "zebra stripes" or other special marking patterns. In-pavement flashers can also be used to bring attention to the crosswalk. High-visibility crosswalks are typically used at school crossings and trail crossing to highlight the location that is most desirable to cross the street.
Approximate Cost: $250 - $50,000 each
Advantages:
);;>- Increases visibility under low-visibility conditions; );;>- Focuses crossing pedestrians at a single location; and );;>- Identifies preferred crossing location.
Disadvantages:
);;>- May give pedestrians a false sense of security, causing them to pay less attention to traffic; );;>- Must be carefully applied at mid-block locations; and );;>- Requires more maintenance than normal crosswall{s. );;>- Can be expensive.
Examples:
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Packet Pg. 151 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Narrow Lane Striping - Level 2 Measure
Narrow travel lanes (i.e., 10-foot) created by adding a centerline and/or an edge line can encourage drivers to lower their speed. The centerline striping gets drivers to stay on the "right" side of the ioad and not use the entire roadway width as a travel lane. On wide roadways, the "unused" pavement created by re-striping can sometimes be used to stripe a bicycle lane, a parking lane, or a pedestrian shoulder.
Approximate Cost: $2 - $5 per lineal foot
Advantages:
);:o- Inexpensive to install;
);:o- Can be implemented quickly;
);:o- Can be used to create bicycle lanes or delineate on-street parking; );:o- Can improve safety by clearly delineating travel paths for various roadway users; and );:o- Does not slow emergency vehicles.
Disadvantages:
);:o- Increases regular maintenance.
Example:
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Packet Pg. 152 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Level 3 Measures: Physical Devices
Level 3 tools arc mostly engineering (i.e. physical) measures implemented to decrease travel speed and, in some cases, to discourage cut-through traffic. Physical measures generally used to decrease speed are speed cushions, raised crosswalks, raised intersections, curb extensions, chicanes, and traffic circles. V chicle turn restrictions and median barriers and channelizing islands may be used to discourage cut through traffic. Physical traffic calming measures may require design review by the Orinda Police Department and Moraga Orinda Fire District to determine if there will be response time or emergency vehicle access impacts to neighborhoods. Other Level 3 measures include installing fixed radar speed displays, sidewalks, pathways, gateway treatments, and Class I Bikeways.
This Neighborhood Traffic Management Program is designed to address the use of traffic measures on neighborhood streets. Many Level 3 measures arc not suitable for arterial streets, and arterial streets are beyond the scope of this Neighborhood Traffic Management Program. Many Level 3 measures may also not be suitable for many collector streets, but may be considered for collector streets in appropriate cases, if they will not create adverse impacts on the traffic flow on that street or divert traffic to other streets. i\ list of arterial and collector streets is attached (sec Section D.
Appendix).
Level 3 measures currently include:
> Fixed Radar Speed Displays;
> Speed Cushions;
>- H .. aised Intersections;
> Raised Crosswalks;
> Curb Extensions;
> Chicanes, Chokers, and Slow Points;
> Traffic Circles;
> Turn Restrictions (for example, No Left Turn or No Right Turn signs); > Median Barriers;
> Channelizing Islands;
> Sidewalks and Pathways;
>- c;atc\vay 'frcat1ncnts; and
> Separated Class I Bikeway.
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Packet Pg. 153 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Fixed Radar Speed Displays - Level 3 Measure
Radar speed displays combine a speed limit sign with a radar display unit that displays the speed of an approaching vehicle, thus providing feedback to drivers to alert them to their actual speed. Fi,;;:ed radar speed signs are typically mounted on an existing pole (such as a City-owned light pole). They may be powered by solar panels, batteries or electric power line.
Approximate Cost: $6,000 - $10,000 per sign
Advantages:
);;:> Focuses driver attention on speed and provides immediate feedback );;:> Does not slow emergency vehicles
);;:> Can be used to collect data on traffic flow and speeds Disadvantages:
);;:> Requires power source; solar-powered units require solar panels which some may consider not aesthetically pleasing
);;:> May be subject to vandalism and require maintenance );;:> May encourage some drivers to increase speed to "test" their vehicles (but this risk is mitigated in some devices by providing a maximum displayed speed) Example:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 20 H.1.a
Packet Pg. 154 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Speed Cushions - Level 3 Measure
Speed cushions are a variation of a speed hump with a shorter height and space between the cushions. Cushions are approximately 3-inches high, rectangular in shape, 6 feet wide, and 6 to 14 feet in length. They are designed to minimize the impact on emergency vehicles with wide axles, such as some fire trucks. Nevertheless, they do slow emergency vehicles to some degree.
To be considered, speed cushions must meet the prerequisites set forth below.
Approximate Cost: $6,000 - $10,000 for set of speed cushions across the street.
Advantages:
);> Tends to reduce vehicle speeds;
);> Does not require parking removal; and
);> Can reduce vehicular volumes.
Disadvantages:
);> Slows some emergency vehicles;
);> Increases noise near speed cushion;
);> May divert traffic to parallel streets; and
);> Not esthetically pleasing.
Examples:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 21 H.1.a
Packet Pg. 155 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Prerequisites for Speed Cushions
1. 2.
3. 4.
Speed cushions will not be considered on arterial streets. Speed cushions arc generally not suitable for collector streets, but may be considered for collector streets if all the following criteria arc satisfied.
Speed cushions will be considered on residential streets (including, where appropriate, collector streets) only where all the following conditions are met:
• total traffic volume is less than 3000 vehicles per day; • grade is less than 8% at the location of the proposed speed cushion; • posted or prima facie speed limit is 25 mph or less;
• street cutvature is no less than 250 foot radius and sight distance is adequate for the prevailing speed prior to speed cushion installation;
•
•
any drainage impact can be adequately addressed and mitigated; and the Orinda Police Department and Moraga Orinda Fire District have been advised of the specific proposal and offered the opportunity to comment.
Prior to consideration of the request or proposal for speed cushions by the TSAC, City staff shall conduct a traffic study to ascertain the nature of the problem. Part of this study will include the assessment of potential traffic diversion from the street in question to another street.
Speed cnshions are generally not appropriate unless a speeding problem is documented by one or more of the following means or there is high presence of pedestrians or children:
• traffic speeds at the 85th percentile exceeding the posted limit by more than 7 miles per hour
• two or more accidents in three years attributed to excess speed City of Orinda Neighborhood Traffic Management Program, October 2009 Page 22 H.1.a
Packet Pg. 156 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Raised Intersections - Level 3 Measure
Raised intersections are flat raised areas (usually 4 inches high) covering entire intersections, with ramps on all approaches and often with brick or other textured materials on the flat section. They usually rise to sidewalk level, or slightly below to provide a "lip" for the visually impaired. By modifying the level of the intersection, the crosswalks are more readily perceived by motorists to be pedestrian territo1y. T hey are generally not placed on streets with speed limits greater than 35 milesper-hour, streets with steep grades, or streets with high traffic volumes.
Approximate Cost: $30,000 - $100,000 per intersection
Advantages:
);> Improve safety for both vehicles and pedestrians;
);> If designed well, can have positive aesthetic value; and );> Effective in reducing speeds.
Disadvantages:
);> Textured materials, if used, can be expensive;
);> Slows emergency vehicle response time;
);> Impact to drainage needs to be considered; and
);> Increased noise to adjacent residences.
Example:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 23 H.1.a
Packet Pg. 157 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Raised Crosswalk - Level 3 Measure
Raised crosswalks are typically 3 to 4 inches high, 24 feet in length, and stretch the width of the street. They are outfitted with crosswalk markings and signage. Raised crosswalks are intended to reduce vehicle speeds where there is a large pedestrian crossing volume. By raising the level of the crossing, pedestrians are more visible to approaching motorists.
Approximate Cost: $12,000 - $24,000 each
Advantages:
);;;>- Improve safety for both vehicles and pedestrians; );;;>- Improves pedestrian visibility;
);;;>- If designed well, can have positive aesthetic value; and );;;>- Effective in reducing speeds.
Disadvantages:
);;;>- Textured materials, if used, can be expensive;
);;;>- Impact to drainage needs to be considered;
);;;>- Slows emergency vehicle response time; and
);;;>- Increased noise to adjacent residences.
Examples:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 24 H.1.a
Packet Pg. 158 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Curb Extensions - Level 3 Measure
Curb extensions reduce a roadway's width between its curbs. This can be accomplished by extending the curbs at an intersection towards the center of the roadway, or by building raised islands in the roadway, which allow for drainage and bike lane passage. Both measures tighten curb radii at the corner, shortening the pedestrian crossing distance and reducing the speeds of turning vehicles. These effects increase pedestrian comfort and safety at the intersection.
Approximate Cost: $15,000 - $30,000 each
Advantages:
);>- Improves pedestrian circulation and space;
);>- Through and left-turn movements are easily negotiable by large vehicles; );>- Creates protected on-street parking bays;
);>- Shortens pedestrian crossing distance;
);>- Opportunity for landscaping and entrance feature; and );>- Reduces speeds (especially right-turning vehicles) and traffic volumes.
Disadvantages:
);>- E ffectiveness is limited by the absence of vertical or horizontal deflection; );>- May slow right-turning emergency vehicles and large trucks; );>- Potential loss of on-street parking;
);>- Potential impact to drainage needs to be considered; and );>- May require bicyclists to briefly merge with vehicular traffic.
Examples:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 25 H.1.a
Packet Pg. 159 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Chicanes, Chokers and Slow Points - Level 3 Measure
A chicane is a series of two or more staggered curb extensions on alternating sides of a roadway.
Horizontal deflection causes motorists to reduce speed through the serpentine roadway. The primary benefit of chicanes is speed control.
Chokers and slow points are intersection or mid-block curb extensions that narrow a street by extending the sidewalk or widening the planting strip. The remaining cross-section can consist of one lane or two narrow lanes. Chokers and slow points are intended to reduce traffic volumes and speed by making the roadway narrow so vehicles slow down. Chokers reduce the roadway width so that only on car at a time can pass through it, while slow points allow two cars to pass ve1y slowly in opposite directions.
Approximate Cost: $15,000 - $40,000 each
Advantages:
>- Effectively reduces vehicle speeds;
>- Low impact on emergency vehicles;
>- Does not restrict resident access; and
>- Opportunity for landscaping.
Disadvantages:
>- Can require removal of parking;
>- May create hazard for bicyclist;
>- Can create drainage issues; and
>- Increases maintenance.
Examples:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 26 H.1.a
Packet Pg. 160 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Traffic Circle - Level 3 Measure
Traffic circles are raised circular islands, placed in intersections, around which traffic circulates.
They are typically controlled by yield or stop signs on all approaches. Circles prevent drivers from speeding through intersections by impeding the straight-through movement and forcing drivers to slow down to yield. Drivers must first turn to the right, then to the left as they pass the circle, and then back to the right again after clearing the circle. Traffic circles are appropriate on streets with low to moderate traffic volumes and speed limits of 35 miles per hour or less. The islands are often landscaped.
Approximate Cost: $15,000 - $50,000 per location
Advantages:
);-- If designed well, can have positive aesthetic value; );-- May reduce collision potential and collision severity; and ~ E ffective in moderating speeds and improving safety.
Disadvantages:
~ Difficult for large vehicles (such as fire trucks) to circumnavigate; ;;:.. Must be designed so that the circulating lane does not encroach on crosswall<s; ~ May slow emergency vehicle response time;
~ Potential loss of on-street parking; and
);-- Landscaping must be maintained, either by City or by residents.
Examples:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 27 H.1.a
Packet Pg. 161 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Turn Restrictions - Level 3 Measure
Turn prohibition signs involve the use of standard "No Left Turn", "No Right Turn", or "Do Not Enter" signs to prevent undesired turning movements onto residential streets. They may include peak period limitations. The prima1y benefit o f restricted movement signing is to reduce cutthrough traffic volumes along residential streets.
Approximate Cost: $150 per sign
Advantages:
);;> Inexpensive to install;
);;> Redirects traffic to major streets and reduces cut-through traffic; and );;> Can address specific time-of-day problems.
Disadvantages:
);;> May divert traffic to other neighborhood streets;
);;> Requires enforcement; and
);;> May be inconvenient for residents.
Example:
WEE AYS
7 AM- 8 AM
2 PM- 4 PM
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 28 H.1.a
Packet Pg. 162 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Median Barriers - Level 3 Measure
Median barriers are raised islands that arc located along the centerline of a street and continue through an intersection so as to block through movement at a cross street. Median barriers can also be used for pedestrian refuges at mid-crosswalk locations.
Approximate Cost: $1,500 - $2,000 per lineal foot
Advantages:
);> Can reduce collision potential;
);> If used as pedestrian refuge can reduce pedestrian crossing distance; );> If designed well, can have positive aesthetic value; and );> Redirects traffic to major streets and reduces cut-through traffic.
Disadvantages:
);> Requires available street width on the major street; );> Limits turns to and from the side street for local residents and emergency services; and );> Landscaping requires maintenance by City or residents.
Example:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 29 H.1.a
Packet Pg. 163 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Channelizing Islands - Level 3 Measure
Channelizing islands are raised islands that block certain movements on approaches to an intersection. Channelizing islands can also be used for pedestrian refuges at mid-crosswalk locations.
Approximate Cost: $5,000 - $20,000 each
Advantages:
~ Can improve safety at an intersection of a local street and a major street by prohibiting dangerous turning movements;
~ If designed well, can have positive aesthetic value; and ~ Redirects traffic to major streets and reduces cut-through traffic.
Disadvantages:
~ If designed improperly, drivers can maneuver around the island to make an illegal movement;
~ Limits turns to and from the side street for local residents and emergency services; ~ May simply divert a traffic problem to a different street; and ~ Landscaping requires maintenance by City or residents.
Examples:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 30 H.1.a
Packet Pg. 164 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Sidewalk and Pathway - Level 3 Measure
Because of the rural setting in most parts of the City, many residential streets do not have any frontage improvements, i.e., curb and gutter, and sidewalks. Constructing them can enhance the safety of pedestrians walking down the street. Additional costs may incur to address drainage.
Approximate Cost: $150 - $200 per lineal foot
Advantages:
~ Enhances pedestrian safety; and
~ Opportunity for landscaping.
Disadvantages:
~ Changes rural characteristic of neighborhood;
~ May remove some on-street parking;
~ Landscaping requires maintenance by City or residents; and ~ May decrease street drainage.
Example:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 31 H.1.a
Packet Pg. 165 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Gateway Treatment - Level 3 Measure
Gateway entrance treatments may consist of physical, textured and visual changes to streets and are located at key entryways into a neighborhood. They often consist of design features, like planted medians or chokers that narrow a street in order to reduce the width of the travelway. The primary benefit of gateway treatments is speed reduction. They provide visual cues that tell drivers they are entering a local residential area or that the surrounding land uses are changing.
Approximate Cost: $15,000 - $40,000 each
Advantages:
~ Can reduce vehicle speeds;
~ Announces a difference in driving environments;
~ Creates identity for neighborhood;
~ Can discourage cut-through traffic; and
~ Opportunity for landscaping.
Disadvantages:
~ Maintenance and irrigation needs;
~ May require localized removal of parking; and
~ May create physical obstruction.
Example:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 32 H.1.a
Packet Pg. 166 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Separated Class I Bikeway - Level 3 Measure
A Class I bikeway provides a completely separated right of way for the exclusive use of bicycles and pedestrians with minimal crossings by motorized vehicles. The bikeway typically serves corridors not served by streets and highways or where wide right of way exists. It can also provide recreational opportunities or a commute route to work or transit facilities.
Approximate Cost: $150 - $200 per lineal foot plus right of way Advantages:
);;>- Enhances safety of bicyclists and pedestrians;
);;>- May be aesthetically pleasing; and
);;>- Does not remove on-street parking.
Disadvantages:
);;>- Maintenance and irrigation needs; and
);;>- Cost to constrnct.
Example:
City of Orinda Neighborhood Traffic Management Program, October 2009 Page 33 H.1.a
Packet Pg. 167 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) D. Appendix
The following information is included in this Appendi'C:
);>- Traffic Calming Request Form
);>- Glossary of Terms
);>- List of Arterial and Collector Streets - City of Orinda City of Orinda Neighborhood Traffic Management Program, October 2009 Page 34 H.1.a
Packet Pg. 168 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) I
Public Works and
Engineering Services
(925) 253-4231
TRAFFIC CALMING REQUEST FORM
This form is to enable neighborhoods to request the possible initiation of a traffic calming review in accordance with the City of Orinda Neighborhood Traffic Management Program. Please fill out the form and submit it to: City of Orinda
City Engineer
22 Orinda Way
Orinda, CA 94563
1. StreetStud Information
Requested Street:
2. TrafficProblem
Please describ.e the nature oflhe neighborhood tr<ifficproblem you are concerned with(attach additional sheets if necessar .
3. Proposed solutions
4,
5. 1.
2. 3.
Plea$e describe what changesyouwould like to see on your street and/or a list 9f possibl<:i solutions to the roblem that ou would like the Cit of Orinda to consider.
Contact Person lnforrnatioil . . . . . . •
Signature: Date:
Printed Name:
Address:
Phone and E-mail:
Neighborhood Petition Signatures [r.equirecl for NEW traffic signs, pa\f!'imel)t markings, ancl P.~Ys.ical changes]
Three,.(3) residents from sepe1rate (louseholdswithintheilllm<:idiate area must sign thepetition ... Each resident must be at least 18 vears ofaae. · · · ··· · .· .•... · .. · · Sia nature Printed Name Street Address/E-Mail
Subscribe to c1nail notifications
•·.
.
In an effort to itnprove city-wide con11nunication, the City of Orinda has instituted a new e1nail notification prograin. The c1nail notification syste1n provides updates on i1nportant co1nn1unity alerts, e1ncrgcncy notifications and City Council 1nccting notices. You can register online at W\V\v.cityoforinda.org and click on 'subscribe to c1nail notifications.' Once you register, you can sign up for co1n1nunity alerts or City Council 1neeting notices or both. Once you subscribe online, you will receive an e1nail validation in your 1nail inbox. Please follow the instructions in the e1nail to confinn your e1nail address \Vas added to the new electronic notification syste1n.
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Packet Pg. 169 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) H.1.a
Packet Pg. 170 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Glossary of Terms
/1j/ided stmt - The street, either end-to-end or measured between controlled intersections, whichever is less, on which the Level 2 or Level 3 measure is proposed or into which turns will be restricted in the case of turn restrictions.
/l1teria! Stmts - Roadways that serve vehicular traffic between collector streets and highways. Traffic generally moves through a hierarchy of streets: residential to collector, collector to arterial, arterial to highway.
Chicane - An artificial curve added to an otherwise straight street.
Collector Stm!s - The intermediary streets that funnel vehicular traffic from residential streets to arterial streets and vice-versa.
COn!rolled inlerseclio11 - 1\n intersection \vhcrc all vehicles traveling on the street tnust co1nc to a stop, either because there is a signal or a stop sign.
C11t-thro11gh Traffic - Through traffic diverted from arterial and collector streets onto local residential streets to avoid congestion.
llo11sehold - 1\ll residents residing at a given address. !11Jmediate /lmz - Arca that would be affected by the traffic management request.
Level I i\!Ieasmvs - Education and Enforcement
Level 2 Measmrs - Signs and Pavement Markings
Level 3 J\!Ieas11tts - Physical Devices, Turn Restrictions, Fixed Radar Speed Displays i\1edic111 - An island in the center of a street or intersection to protect pedestrians and may provide landscaping. Medians prevent passing and left turns, separate opposing travel lanes and provide visual cnhancen1cnt.
Ne{~hhodt0od /ldviso1y Team (l\J/!T) - The Neighborhood Advisory Team (NAT) is comprised of volunteers that will work with their neighbors to organize and host meetings to develop neighborhood driven solutions and reco1n1ncndations for traffic cahning 1ncasures, and conduct fund raising if necessary.
Neighborhood /lmz - The boundary of the problem area, which may cross traditional neighborhood boundaries.
Prima l'cliie Speed Lilllit - The apparently obvious speed limit on a street with no posted speed limit, such as 25 miles per hour on a local residential street.
Resident o/Af)icted Stm! - Any individual resident of Orinda over the age of 18 years whose primary residence is on the affected street.
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Packet Pg. 171 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) Speed C11shio11s - 1\ speed cushion is a rectangular mat approximately 3-inches high made of recycled rubber. Several mats arc usually installed across a street. The gaps between the cushions allow the wider axle of emergency vehicles such as fire engines and ambulances to straddle the cushions without slowing down.
Szght Dista11" - The maximum distance at which a driver can clearly sec an oncoming vehicle, a stopped vehicle or an obstacle in the roadway; this distance is often reduced by the vertical and horizontal alignment of a roadway.
Speed S11mey - 1\ study using c<1uipmcnt to measure, collect and statistically analyze the speeds of vehicles. 'fraj)ic Cahlli11,g - the combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users. c;cncrally refers to physical measures and roadway design changes but enforcement and education can be cotnponcnts.
'li<1/Jic Cinie - Traffic circles arc raised circular islands, placed in intersections, around which traffic circulates
Ti<1/Jic Cahni1\g lVleas111~ - An clement of a traffic calming plan selected from among available and appropriate devices.
'fi-a/Jic Safety /ldviJ01y ComJJJittee (1:5'/lC) - A citizens' advisory committee on traffic safety appointed by the Orinda City Council.
'1im1 Rest1ictio11 - The prohibition of right and/ or left turns from one street to another by means of signagc, diverters or forced channelization.
lfi .. amwts - Measurable guidelines to justify the installation of certain traffic control devices, including stop signs. These criteria arc outlined in both federal and local engineering manuals and standards. Typically required arc objective 1ncasurcs such as speed surveys) traffic volu1nc studies, and accident reports.
H.1.a
Packet Pg. 172 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD)
LIST OF ARTERIAL AND COLLECTOR STREETS
CITY of ORINDA
Street From Location To Location Classification
Camino Pablo Bear Creek Road Moraga Way
Moraga Way Camino Pablo City Limit (south)
Brookwood Road Camino Pablo Moraga Way Minor Arterial
Bryant Way Moraga Way Davis Road Minor Arterial
Camino Sobrante Camino Pablo Orinda Way Minor Arterial
El Nido Ranch Rd. E. Altarinda Dr. City Limit (east) Minor Arterial Glorietta Blvd. Moraga Way Rheem Blvd. Minor Arterial
Glorietta Blvd. Rheem Blvd. City Limit (east) Minor Arterial Las Vegas St. Stephens Via Las Cruces Minor Arterial
Miner Road Camino Pablo Lombardy Minor Arterial
Moraga Way Bryant Way Camino Pablo Minor Arterial
Orinda Way Santa Maria Way Camino Pablo Minor Arterial
Rheem Blvd. Glorietta Blvd. City Limit (west) Minor Arterial St. Stephens Dr. Hidden Valley Via Las Cruces Minor Arterial Santa Maria Way Camino Pablo Orinda Way Minor Arterial
Via Las Cruces St. Stephens Honey Hill Road Minor Arterial Altarinda Drive Santa Maria Way Orinda Woods Dr. Collector Bear Creek Road Camino Pablo City Limit (east) Collector Brookwood Road Camino Pablo Spring Road Collector
Camino Sobrante Orinda Way El Ribero (south) Collector
Charles Hill Road Honey Hill Rd. El Nido Ranch Rd. Collector E. Altari nda Drive Orinda Woods Dr. El Nido Ranch Rd. Collector El Toyonal Camino Pablo Loma Vista (east) Collector
El Toyonal Loma Vista (west) Vista del Orinda Collector Ivy Drive Moraga Way (south) Moraga Way (north) Collector Hall Drive Moraga Way Donald Drive Collector
Happy Valley Road City Limit (east) City Limit (north) Collector Hidden Valley Road St. Stephens Hwy. 24 - east Collector Honey Hill Road Miner Road Charles Hill Rd. Collector
Las Piedras Vista Del Orinda Lomas Cantadas Collector
Loma Vista El Toyonal (west) El Toyonal (east) Collector Lomas Cantadas City Limit (west) Las Piedras Collector
Lombardy Lane Miner Road Dalewood Drive Collector
Miner Road Lombardy Lane Honey Hill Road Collector
Orindawoods Drive Altarinda Road East Altarinda Dr. Collector Overhill Road Moraga Way Glorietta Blvd. Collector
Santa Maria Way Orinda Way Altarinda Drive Collector
Southwood Drive Moraga Way Tara Road Collector
Tara Road Southwood Drive Overhill Road Collector
Valley View Moraga Way Don Gabriel Collector
Vista Del Orinda El Toyonal Las Piedras Collector
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Packet Pg. 173 Attachment: Orinda Neighborhood Traffic Mgmt Program - 10-09 (2666 : speed cushions - consider appeal to MOFD) H.1.b
Packet Pg. 174 Attachment: Speed Cushion sketch - NACTO (2666 : speed cushions - consider appeal to MOFD) H.1.c
Packet Pg. 175 Attachment: Speed Hump sketch - NACTO (2666 : speed cushions - consider appeal to U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000
Safety
Traffic Calming ePrimer – Module 5
Effects of Traffic Calming Measures on Non-Personal Passenger Vehicles
5.1 Definition of Non-Personal Passenger Vehicles
Traffic calming measures affect motorist behavior. The effects may be different for a personal passenger vehicle than for a non-personal passenger vehicle. The implications of the effects certainly differ between a personal passenger vehicle and a non-personal passenger vehicle.
The term "non-personal passenger vehicle" describes a vehicle typically larger than a common passenger car, van, motorcycle, pick-up truck or something similar. For the purpose of this ePrimer, non-personal passenger vehicles are grouped into:
emergency services vehicles – an operator of an emergency services vehicle highly values a well-connected roadway network that enables access between trip origins and destinations with speed and efficiency fire
ambulance
police
large vehicles – an operator of a large vehicle requires an accommodating roadway design that limits hindrances and discomfort transit
waste removal
snow removal
truck (issues dealing with trucks are addressed in the Module 3 discussions of impacts by individual traffic calming measure) It is important to understand how and to what extent a traffic calming measure can affect mobility and accessibility for a non-personal passenger vehicle. With this knowledge, a practitioner is better able to identify an effective and acceptable traffic calming program or measure.
5.2 Emergency Services – Fire
H.1.d
Packet Pg. 176 Attachment: FHWA website Traffic Calming ePrimer - Safety _ Federal Highway Administration (2666 :
The local fire department is generally the first responder to an emergency medical situation. The time it takes for a fire vehicle to arrive is a primary concerns along with the safety of the emergency vehicle occupants. Of all emergency services, fire departments have traditionally been the most vocal about traffic calming; the traffic
calming perspective for accommodating "emergency services" is often understood to be accommodating the fire department.
Fire response vehicles vary in size. Fire engines (the fire vehicles that carry hoses, ladders, and pump water) and fire trucks (the generally larger fire vehicles with attached, hydraulic ladders) are the fire vehicles that guide the discussion.
In 2012, the International Fire Code (IFC) was updated to specifically address traffic calming and to better ensure coordination with the fire department during traffic calming implementation. IFC Section 503.4.1 states that traffic calming measures placed on fire apparatus access roads "shall be prohibited unless approved by the fire code official." The National Fire Protection Association (NFPA) provides codes and standards to protect from the danger of fires. The NFPA has many standards relating to a wide range of topics. Standard 1141, titled "Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas," addresses traffic calming. In Section A.5.2.18, NFPA 1141 states that prior to installation of traffic calming, the authority having jurisdiction "should work with the emergency response departments to ensure traffic calming devices can be negotiated by emergency response vehicles in a safe and timely manner without damage to those vehicles." Implementation of traffic calming should be coordinated with the fire department to comply with local interpretations and requirements of the fire code standards. The International Association of Fire Chiefs agrees that fire officials and engineers will need to collaborate on traffic calming installations to "meet traffic-engineering needs and include the least impact on response time to emergencies."i A video that presents emergency response issues that require consideration during the planning of traffic calming measures can be accessed at the following hyperlink: https://www.youtube.com/watch?v=-R0f1nj7oeM (Source: Tualatin Valley (Oregon) Fire & Rescue) Measures with Vertical Deflection
A traffic calming measure that causes vertical deflection to a motorist passing over it forces the motorist to slow in order to pass over the measure comfortably. This slowing of an emergency services vehicle results in longer response time. The magnitude of the slowing depends on multiple factors.
The following vertical deflection measures have the potential to negatively affect fire vehicles and are typically contentious with fire departments:
Speed hump
Speed table
Raised intersection
Raised crosswalk
The Guidelines for the Design and Application of Speed Humps published by ITE, which provides guidelines for the most common traffic calming measure, has detailed many of the existing studies relating to emergency response delay associated with vertical traffic calming measures. The H.1.d
Packet Pg. 177 Attachment: FHWA website Traffic Calming ePrimer - Safety _ Federal Highway Administration (2666 :
document recommends not installing speed humps on roadways that are primary or routine emergency vehicle routes. Other methods used by cities, and mentioned in the guidelines to minimize conflict with fire vehicles, include limiting the height of speed humps.
Damage to fire vehicles is another concern of fire departments. Opinions by some critics in the 1990s and early 2000s were that traffic calming measures caused damage to fire vehicles.ii For example, the stress of traveling over speed humps could lead to increased repairs and shorter vehicle life. However, the early studies found no data to substantiate the claims.iii In addition, isolating the exact cause of wear and tear on a vehicle can be difficult, whether it was caused by the relatively infrequent crossing of speed humps or the crossing of other frequent undulations in a roadway network, such as potholes, manhole covers, drainage dips, etc.
Two vertical deflection measures have been developed specifically to accommodate fire vehicles. These measures should be considered in a location where mobility of fire vehicles is a high priority:
Speed cushion (also known as speed slot, speed lump, and speed pillow) Offset speed table
Measures with Horizontal Deflection or Street Width Reduction Studies in the mid-1990s in Portland, Oregon and Montgomery County, Maryland found that fire vehicle delay associated with traffic circles ranged from approximately 1 second to over 10 seconds.iv,v A traffic circle can be designed to minimize adverse effects on fire vehicle mobility. A mountable apron can be placed on the outer edge of the circle to allow a fire vehicle to minimize its deflection when passing the measure. In addition, many jurisdictions allow larger vehicles to turn left in front of a traffic circle, reducing the need to circle the measure. A fire vehicle responding to an emergency could make this short left-turn movement.
The results from these early studies did not thwart traffic calming plans, as can be seen by successful installations across the U.S. For example, in 1996, Portland, Oregon found the neighborhood traffic circle to be the most hampering traffic calming measure for their fire department. In contrast, nearby Seattle, Washington continues to install traffic circles and is now presumed to be the city with the most traffic circles in the country.
The other measures in this ePrimer with horizontal deflection or street width reduction can be designed to accommodate large vehicle movements, allowing a fire vehicle responding to an emergency the ability to pass with minimal horizontal deflection. For example, a lateral shift compels a motorist to horizontally deflect the vehicle path. A fire vehicle could take a straight line path through the measure, as other vehicles are expected to yield the right-of-way during an emergency. In addition, the driver of a fire vehicle possesses the necessary skill set for the apparatus being operated, with many states requiring drivers to take accredited training. The number one priority of an emergency vehicle driver is to arrive at the scene safely, which can require maneuvering a vehicle through constrained areas.
Routing Restriction Measures
All routing restriction measures have the potential to adversely affect fire vehicle route planning and response times. For some measures, an emergency vehicle may be able to circumvent the measure (for example, a forced turn island).
However, given the severity of routing restriction measures on the roadway network for non-personal passenger vehicles, coordination with the emergency services departments is a critical step during planning of these measures. For some measures, the installation may be designed to allow H.1.d
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passage by a fire vehicle.
5.3 Traffic Calming Measures Developed to Address Emergency Service Vehicle Delay Issues In response to concerns raised by fire departments about the effects of vertical deflection measures on emergency vehicle mobility, two types of measures have been developed: speed cushions and offset speed tables.
Speed Cushion
A speed cushion (also known as speed lump or speed pillow) has cushions placed longitudinally in the roadway specifically to match the wheel tracks of fire vehicles (see Figure 5.1) [and provide a link to section 3.11 – Speed Cushion]. Field tests have shown speed cushions to reduce general vehicle speeds while providing little to no delay to fire vehicles.vi Speed cushions are being used in place of speed humps in many jurisdictions due to their positive reception from fire departments. The following are examples:vii Austin, Texas found speed cushions have only a minimal, if any, impact on emergency response times with a less than 1 second delay experienced by most emergency vehicles.
In San Diego, California, fire vehicles can travel over the cushions at full speed with no delay (when driving in the middle of the roadway).
Sacramento, California found speed cushions cause almost no delay to emergency response time. The city found using speed cushions instead of speed humps results in a savings of almost 13 seconds per typical roadway segment.
Mobile, Alabama found 1.76 seconds less delay at speed cushions than speed humps for fire vehicles. The delay for ambulances was reduced by
4.75 seconds, when compared to speed humps.
In Danville, California it was found that no delay occurred in response time with speed cushions, compared to a 10 to 15 second delay observed with speed humps.
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Figure 5.1. Fire Engine Straddling Speed Cushion during a Trial Demonstration (Source: Jeff Gulden)
In Orange County, California tests were conducted to evaluate the effect of speed cushions on delay, comfort, and ease of navigation for fire vehicles.
A detailed summary of the study was published in the ITE Journal in 2008 and has been one of the key supporting documents for the use of speed cushions to meet the needs of fire vehicles.
The tests were conducted in La Habra, Orange County, California, and involved Brea, California, and Los Angeles County fire department vehicles.
Each vehicle traversed a set of three speed cushions with various geometric designs and with different approaches: straddling the smaller cushion and crossing the cushions while staying within the travel lane (similar to a speed hump). The speeds of fire vehicles straddling the smaller, center cushion were similar to normal operating speeds on the roadways, and significant delay at the cushions was not observed. Crossing the cushions while staying in a travel lane (similar to a speed hump) resulted in maximum vertical deflection and lower crossing speeds. The tests led to successful H.1.d
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implementation of speed cushions as the key component of neighborhood traffic calming plans in both cities (La Habra and Brea, California). Other jurisdictions have found similar results with speed cushions, that they result in minimal to no delay to fire vehicles.
Speed cushions are effective at reducing speeds on residential roadways while meeting the needs of fire departments. In before-and-after speed data, speed cushions reduced the 85th percentile speed by an average of approximately 9 mph, a reduction of 25 percent.viii The speed reductions associated with cushions are similar to those of the speed hump, the current most common traffic calming measure.
Tests conducted in the early 2000s with speed cushions and fire vehicles in King County, Washington resulted in a positive response from the fire department, a minimized increase in response time, and less discomfort from fire personnel in the vehicles.ix The same study found that the speed cushions were effective at reducing passenger vehicle speeds and received a positive response from the neighborhood residents.
Offset Speed Table
An offset speed table, a measure that specifically accommodates fire vehicles, allows a fire vehicle responding to an emergency to circumvent the vertical measure by crossing the centerline and briefly traveling against the flow of traffic (see Figure 5.2) [and provide a link to section 3.13 – Offset Speed Table]. A study conducted in Portland, Oregon in the late 1990s found the delay for fire vehicles at offset speed tables to be two seconds, less than the maximum delay associated with traditional speed tables.x The Portland experience also shows that a street width of at least 40 feet is needed to allow a fire vehicle to make the s-curve through the offset speed table.xi H.1.d
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Figure 5.2. Offset Speed Table with Raised Markers Between the Offset (Source: Jeff Gulden)
5.4 Emergency Services – Ambulance
An ambulance can be affected by a traffic calming measure, especially a vertical deflection measure. The effects include both the delay associated with slowing to traverse a measure and potential discomfort for those being transported.
Tests conducted in Montgomery County, Maryland in the mid-1990s found that ambulances are delayed by 3.2 seconds at traffic circles and 3.8 seconds at speed humps.xii Traffic Calming: State of the Practice published data showing an almost 10 second delay per speed hump in both Sarasota, Florida and Austin, Texas.xiii Bellevue, Washington found ambulances could comfortably cross a 14-foot speed hump at 17 mph and could navigate a H.1.d
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traffic circle at 16 mph, both slower than the desirable travel speeds.xiv The ambulances were able to traverse a speed table at close to 35 mph.xv There have not been many recent studies relating the effects of traffic calming on ambulance response. This is likely due to the recent improved inclusion of emergency services in the planning and implementation of traffic calming measures.
The needs of ambulances should be considered when developing a traffic calming plan. In some locations, the fire department can speak to the needs of ambulance services; other locations may require the traffic calming practitioner to reach out to individual ambulance providers.
5.5 Emergency Services – Police
Police departments generally approve of traffic calming measures because they slow vehicle speeds without the need for constant or routine enforcement. With traffic calmed roadways, police departments are able to focus their efforts on other areas. Despite this general approval of traffic calming, it is recommended to include the police department in planning and implementation of a traffic calming measure.
A police vehicle in an emergency situation can bypass some traffic calming measures. But is susceptible to reduced speed caused by a vertical deflection feature because a police vehicle is typically the same size as a passenger vehicle. Despite the potential for delay caused by a traffic calming feature, there have been few reported significant complaints raised by police personnel.
Improper design and implementation of a traffic calming measure can result in the need for additional involvement from the police department. For example, a half closure design that does not properly discourage wrong way driving can result in a need for spot enforcement in order to be safe and effective. A speed limit change should be coordinated with the police department to ensure enforcement can occur at the posted speed limit, which often involves a review of the 85th percentile speeds (this also includes posting a speed limit where the default has not been posted).
5.6 Large Vehicles – Transit
Transit needs should be specifically addressed during traffic calming implementation. As a transit vehicle travels around or over some types of measures, the vehicle motion can affect passenger comfort and increase the risk of slips or falls and loose articles being thrown around inside the vehicle. In addition, a heavy passenger load can affect the handling of a bus, potentially affecting the effect of a traffic calming measure.
Transit vehicle drivers are typically trained to be able to navigate through narrow settings, as is often found in a congested urban setting. This constriction can be analogous to that provided by a horizontal deflection, street width reduction, or routing restriction measure.
If traffic calming is to be installed on a roadway used by transit, the design of the traffic calming measure can often be modified to meet the needs of a transit vehicle. This is especially important if the roadway is used by a longer-than-typical bus. Practitioners should be cautious of sacrificing too much in the design of a traffic calming measure because the accommodated transit routes could be modified in the future, leaving a traffic calmed street designed specifically for transit without a transit route.
Transit can be addressed directly in a neighborhood traffic calming program and plan. For example, some cities explicitly discourage and even restrict certain traffic calming measures from being placed on bus routes. New York City for example, does not allow a vertical deflection measures to be placed on a bus route. The ITE Guidelines for the Design and Application of Speed Humps, the only traffic calming measure for which ITE provides detailed recommendations, states that when "feasible alternatives are available, speed humps are not recommended for use on streets with public transit."xvi
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In neighborhood traffic calming, vertical deflection measures are generally included on lower order roads, such as residential streets, which typically aren't used as transit routes. Therefore, the potential for interaction between transit and vertical deflection measures is minimized. Nevertheless, examples do exist of transit routes on roadways with vertical deflection measures (see Figure 5.3).
The presence of a vertical deflection measure should not be a deterrent to placing a transit route along a roadway. For example, a Salt Lake City, Utah roadway with multiple raised crosswalks, speed humps, and bicycle lanes is also a popular transit route. The example highlights ways in which pedestrian-oriented traffic calming and transit can mix. The raised crosswalks enhance the pedestrian crossings of the roadway and the presence of bicycle lanes and transit adds to the complete street. Transit riders are also often bicyclists or pedestrians for part of their journey, which highlights the benefit of providing transit service on roadways amenable to walking and bicycling.
Consideration should be made where a transit route is combined with a bicycle lane. Conflicts may arise between a bus and a bicyclist if the bicycle lane is to the right of the travel lane because bus passengers board and alight at the curb. It is important to educate both bus operators and bicyclists of this potential hazard.
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Figure 5.3. Bus Passing Over a Speed Hump
(Source: Jeff Gulden)
In some jurisdictions, bus drivers are able to influence route location due to ease of driving on roadways. It is conceivable that drivers could influence route location to avoid a traffic calmed roadway if they do not find driving on the roadway to be agreeable. Therefore, although transit can traverse most traffic calming measures, it is recommended to include the transit agency in the planning of traffic calming.
5.7 Large Vehicles – Waste Removal
Vertical deflection, horizontal deflection, and street width reduction measures are not expected to affect the mobility of waste removal vehicle because the vehicle is already travelling a slow speed when servicing the roadway corridor. However, routing restriction measures can complicate the route H.1.d
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planning for waste removal. Although not expected to be a significant issue, the needs of waste removal vehicle operators could be solicited early in the planning process.
There is the potential for additional curbside physical features with a horizontal deflection (lateral shift, chicane, realigned intersection), a street width reduction (corner extension, choker), and a routing restriction (full closure, half closure). These features can affect the proper placement of trash cans, which in many communities involve multiple trash cans (for example, one for trash, recyclables, and green waste). The placement could require a resident to walk trash cans to an adjacent property, something that may be met with resistance.
5.8 Large Vehicles – Snow Removal
Traffic calming measures have the potential to affect snow removal vehicles and operations. When traffic calming initially gained popularity across the U.S., snow removal at traffic calming measures was being dealt with for the first time by many agencies. Over the last several decades, agencies have gained significant experience with snow removal issues throughout the country, including Alaska.
The following is a summary of issues and suggested solutions. The issues should be discussed and understood and potential solutions coordinated during the process of developing a traffic calming plan in an area that receives snow. None of the issues represent a fatal flaw as workable solutions have been used across the U.S.
Potential for damage to traffic calming measures – some jurisdictions mark traffic calming measures or ensure maintenance crew are familiar with their locations on streets they plow.
Potential for damage to snow removal equipment – potential solutions include using rubber tipped plows, installing gently sloped vertical measures, slightly raising the plow at vertical measures, and using salt (and/or sand) to melt the snow at the measure.
Snow storage – design horizontal traffic calming measures to accommodate the storage of snow from the roadway, where needed.
In some cases, certain traffic calming measures have been limited for use on priority snow removal routes or snow emergency routes, such as New York City. In Santa Fe, New Mexico, the city restricts the types of measures that can be placed on roads listed on their priority snow removal roads map; horizontal deflection and street width reduction measures are encouraged on priority snow removal roads in the city. Other cities may restrict the usage of speed humps due, in part, to snow removal issues. In Covington, Kentucky, residents are told speed humps are not allowed due to emergency response and snow removal issues.
The option of removing traffic calming measures during winter months exists for some types of installations. Manufacturers of prefabricated vertical measures (speed humps and speed cushions) advertise that one advantage of the prefabricated option is that it can be removed prior to the snow season and reinstalled in the spring. It is unclear as to the extent to which this occurs in the U.S.
The effectiveness of a traffic calming measure does not cease during winter weather. A study presented at the Annual Conference of the Transportation Association of Canada in 2011 found that almost all traffic calming installations remained equally effective during both winter and summer.xviii Most of the traffic calming installations, 71%, did not experience issues with snow removal and in 79% of the cases there were no deteriorations due to snow removal.â„¢"
It is recommended that the group responsible for snow removal be included in the planning and design of a traffic calming plan, no matter the type of measures being considered (e.g., vertical deflection, horizontal deflection, road width reduction, use restriction). There are examples of traffic calming H.1.d
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applications along priority snow removal routes. Skilled operators are familiar with the jurisdiction roadway network and can be trained to navigate over and around traffic calming measures.
5.9 Brief History of Relationship of Traffic Calming and Emergency Vehicles In the 1990s as traffic calming was gaining popularity in the U.S. but still relatively new, there was a strong interest to better understand the impacts of traffic calming on emergency response. Particularly, fire departments were interested in the delay caused by traffic calming measures on their response times. Fire departments typically set maximum response times for emergency situations and there was concern that fire vehicles on traffic calmed streets would encounter unacceptable delay. In addition, there was concern regarding the potential damage that the exposure to traffic calming measures could cause to the fire vehicles, such as the vertical deflection experienced when crossing a speed hump.
Several high profile studies were completed in the 1990s to better understand how traffic calming would impact fire department response. In 1996, the Portland, Oregon Bureau of Traffic Management and the Bureau of Fire, Rescue and Emergency Services conducted tests with six different emergency vehicle types and several different traffic calming measures. The research found the following:xix xx between 0.0 and 9.2 seconds of delay per vehicle per speed table between 1.0 and 9.4 seconds of delay per vehicle per speed hump between 1.3 and 10.7 seconds of delay per vehicle per traffic circle Montgomery County, Maryland found that the delay per vehicle caused by speed humps ranged between 2.8 seconds and 7.3 seconds per hump, depending on the type of fire vehicle.xxi The County determined that speed humps along an emergency response route would reduce the distance served within 5 minutes from 2 linear miles to 1.3 linear miles.xxii The tests also included traffic circles, which delayed the larger fire vehicles by up to 7 seconds.xxiii
In Boulder, Colorado, delay associated with speed humps ranged between 2.8 and 4.7 seconds. In Austin, Texas the delay range was much wider, between 1.8 seconds and
9.8 seconds.xxiv Speed humps were found to cause a 10 second delay in Berkeley, California.xxv xxvi xxvii By this time in the U.S. it was clear that speed humps, and other traffic calming measures, adversely affected fire vehicle response time, yet the magnitude of the delay varied significantly. There is no one definitive source as to the exact delay caused by traffic calming measures on fire vehicles.
A specific time delay found in one jurisdiction may not be applicable in another jurisdiction.20 A study conducted in Eugene, Oregon found an average of 3.6 seconds of delay per speed hump and then compiled data from several studies to determine an overall average delay of 6.5 seconds per speed hump for fire vehicles.xxviii Although helpful, the calculated overall average delay wasn't as important as the discussion that had already begun between traffic calming practitioners and fire departments.
Some reviews of the relationship between traffic calming and fire departments have gone beyond the measuring of travel delay for emergency response vehicles. One studyxxix attempted to quantify the number of additional deaths that would occur in Austin, Texas due to the delay incurred on emergency response vehicles by traffic calming. These viewpoints continue be a topic of discussion between fire departments and livability advocates.
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The most important outcome of these early studies was not to establish the exact delay caused by traffic calming but rather to understand the general magnitude that traffic calming has on emergency response. This understanding led to a significant boost for working relationships between fire departments and traffic calming practitioners in the U.S. Although some of those early studies have a confrontational tone toward traffic calming, their effects were instrumental in ensuring that fire departments are a part of the traffic calming discussion in the planning phase. 20 The amount of fire vehicle delay found in early studies varied significantly. The variance is generally dependent on four factors: vehicle type and size (including whether vehicle tanks are loaded with water), type of traffic calming measure, testing procedure, and driver discretion regarding speed.
An often cited study from Portland, Oregon in 1996 stated that fire vehicle performance did not appear to be affected by driving behavior and that the drivers' "choices of deceleration and acceleration rates as well as their choices of minimum speeds near the devices were very consistent."20 Nevertheless, it is likely that inconsistent driving techniques and testing procedures hinder the ability of an analyst to compare and create a definitive delay estimate per traffic calming measure.
5.10 Process for Coordination with Needs of Emergency Services As traffic calming has gained widespread acceptance in the U.S., the necessity of fire department involvement has become embedded. The search for new data on the effects of traffic calming on fire vehicles is likely not needed as fire departments already have a seat at the table during traffic calming discussions. The needs of emergency response should be strongly considered when implementing a traffic calming plan. The fire department could be especially helpful during evaluation of the traffic calming measure design, of its exact placement (for example, ensuring a measure does not hinder access to a fire hydrant), and of alternative response routes around the traffic calming installation area.
Fire departments have also been educated to the greater magnitude of risks from motor vehicle fatalities and serious injuries and understand the value of street designs that protect vulnerable road users. In addition, Congress for the New Urbanism has been working with fire authorities on accommodating fire response needs in livable street designs.
The general understanding of the potential adverse effects of traffic calming on emergency response has led to multiple ways that fire departments are accommodated and involved in traffic calming, including the following:
The limitations that some agencies place on the types of traffic calming measures that can be installed. For example, some cities do not allow vertical traffic calming measures to be installed given their impact on fire vehicles.
The limitations that some agencies place on where (i.e., which roadways) traffic calming measures can be installed. For example, cities with identified emergency response routes will typically limit the type of measure that can be placed on the priority routes.
The development or modification of traffic calming measures specifically to accommodate fire vehicles. Examples include the offset speed table and speed cushions. Another example is the cities that have mandated the use of speed cushions over the use of speed humps.
The inclusion of the fire department as a key stakeholder in community-wide traffic calming plans.
The involvement of the fire department in all project-specific traffic calming strategies and discussions.
In the late 1990s, the City of Bellevue, Washington conducted traffic calming tests with their fire vehicles and ambulances. The delay associated with speed humps, speed tables, and traffic circles were determined to be similar to the findings of other high profile studies.xxx A memorandum of understanding regarding traffic calming was created between the fire department and transportation department. As part of the agreement, the fire department would be invited to a field visit before the installation of each traffic calming measure. At the field visit the measure would be laid out H.1.d
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with paint and cones and the fire department could use the opportunity to test applicability with their vehicles. The traffic calming plan could be refined based on feedback from the fire department's field visit.
In San Diego, California, the development of the city's traffic calming program included collaboration with the city's fire department. The collaboration included input from both the city and fire responders regarding use of speed humps. The city's prior experience with experimentation of speed cushions and the fire department testing large vehicles resulted in the insertion of speed cushions as the preferred traffic calming measure over the traditional speed humps.
One of the relatively immediate outcomes of the initial fire vehicle tests was policy changes related to development of an emergency response classification system for streets to guide the implementation of traffic calming measures. Development of policy establishing emergency response routes and traffic calming is often employed by cities and emergency response routes are typically included in neighborhood traffic calming programs.
Pennsylvania's Traffic Calming Handbook is one example that provides guidance for municipalities in the state on accommodating emergency response with well-planned emergency response routes. Accommodations for emergency response and identification of emergency response routes are a common feature in neighborhood traffic calming programs. << Back to Traffic Calming ePrimer
Page last modified on February 13, 2017
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West Coast Code Consultants, Inc.
5000 Executive Parkway, Suite 510, San Ramon, CA 94583
T | 925.275.1700 F | 925.275.0600
www.WC-3.com
September 20, 2021
Larry Theis Moraga–Orinda Fire – FIRST FIRE REVIEW
22 Orinda Way MOFPD Number: 21-2911
Orinda, CA 94563 WC3Job Number: NA
Email: [email protected]
RESUBMITTAL REQUIRED
Re: Plan Review: Traffic Calming
Address: Dalewood Drive (Near 392/395, 457/460 and 539/540), Orinda, CA Dear Larry:
West Coast Code Consultants, Inc. (WC3) has completed the first review of the following documents for the project referenced above on behalf of the Moraga – Orinda Fire Protection District:
1. Drawings: Dated 1/29/2021, by Company.
The 2019 California Fire and Building Codes (as amended by the State of California and adopted by the Fire District), as well as applicable NFPA Standards, were used as the basis of our review. Our comments follow on the attached list.
Please submit the following documents:
• An itemized response letter.
• Revised electronic plans with all the revisions clouded. Note: Hard copy plans are not accepted. • A new permit application- required for processing.
Submit the revised plans and application online at https://www.mofd.org/business/submitting-plans.
The plans will be processed after the application, revised plans and fee are received.
Sincerely,
West Coast Code Consultants, Inc. (WC3)
Fire Plan Review By:
Scott McMillan - Fire Protection Engineer
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Packet Pg. 190 Attachment: MOFD plan review 9-20-2021, 21-2911 Dalewood Rd FC1 Site Access Review Comments (2666 : speed cushions - consider appeal Traffic Calming Moraga–Orinda Fire – FIRST FIRE REVIEW
Dalewood Drive MOFPD Number: 21-2911
September 20, 2021 WC3Job Number: NA
Fire Plan Review Comments
GENERAL INFORMATION:
A. The following comments are referred to the 2019 California Building and Fire Codes as amended by the State of California) as well as applicable NFPA Standards.
B. Respond in writing to each comment by marking the attached comment list or creating a response letter.
Indicate which details, specification, or calculation shows the required information. Your complete and clear responses will expedite the re-check and hopefully, approval of this project.
FIRE COMMENTS:
F1. The speed cushions shall be offset a minimum of 20 feet (CFC 503.4.1).
If you have any questions regarding the above comments, please contact Scott McMillan ([email protected]) for fire plan review comments via email or telephone (925) 275-1700. [End]
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Packet Pg. 191 Attachment: MOFD plan review 9-20-2021, 21-2911 Dalewood Rd FC1 Site Access Review Comments (2666 : speed cushions - consider appeal City Council
Staff Report
Agenda Item: H.2
Date: February 1, 2022
Department:
Public Works and
Engineering Services
AGENDA TITLE: Temporary Road Closure of a Portion of Camino Sobrante Located North of Lake Cascade near El Ribero Intersection for Central Contra Costa Sanitary District (CCCSD) North Orinda Sewer Renovations, Phase 8 Project.
RECOMMENDATION:
Staff recommends the City Council approve the Traffic Control and Detour Alternatives proposed by CCCSD; and Adopt Resolution 06-22 (Traffic Order #211) Authorizing the Temporary Full Road Closure of a portion of Camino Sobrante, north of Lake Cascade near El Ribero intersection during the following times:
1. Road Closure 1 is scheduled to occur March 2, 2022 to March 25, 2022, Mondays - Fridays from 9:00 am - 3:00 pm.
2. Road Closure 2 is scheduled to occur March 28, 2022 to April 8, 2022, Mondays - Fridays from 9:00 am - 3:00 pm.
for the purposes of CCCSD to perform the project improvements which include replacement of sewer lines.
BACKGROUND:
Central Contra Costa Sanitary District has been constructing their North Orinda, Phase 8 Sewer project, which will replace approximately 9,900 feet of sewers primarily in Camino Sobrante, Altarinda Road, as well as various locations in Orinda, north of Highway 24. A map of the project locations is included as Attachment B. CCCSD awarded the contract to KJ Woods Construction and work on the project began in October 2021. Approximately 25% of the contract work was completed as of December 2021. The project has a total of 240 Work Days and is anticipated to be completed in September 2022.
Two locations along Camino Sobrante, North of Lake Cascade are also in need of sewer replacement. The roadway width at this section of Camino Sobrante is approximately 16 feet. The sewer line is located in the center of the roadway.
Construction work at these locations require excavation of the sewer manholes, which will result in narrow road width insufficient for the safe passage of vehicular traffic. It is necessary to fully close this section of Camino Sobrante during active construction work for the safety of the workers and the travelling public.
DISCUSSION:
Road Closure:
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CCCSD is proposing to close Camino Sobrante in two segments, (i) Road Closure 1, West of El Ribero, is scheduled to occur March 2, 2022 to March 25, 2022, Mondays – Fridays from 9:00 am – 3:00 pm.
(ii) Road Closure 2 is scheduled to occur March 28, 2022 to April 8, 2022, Mondays – Fridays from 9:00 am – 3:00 pm.
Detour Plans detailing the traffic control and additional information regarding the road closure are included as Attachment C.
CCCSD sent out notification letters (Attachment D) to all residents in the project vicinity on January 18, 2022, informing about the upcoming road closure and invited residents to attend this City Council meeting to learn more about the proposed road closure and provide feedback. City Staff also posted notice on Nextdoor notifying the residents of this proposed road closure item at this City Council meeting.
Construction Schedule:
Construction duration for the work along Camino Sobrante is estimated to be 7 weeks.
Road closure hours are limited to between 9:00am and 3:00 pm in order to avoid impacts to rush hour and school traffic. During the road closure:
Emergency Vehicles will have access at all times. Contractor will have necessary trench plates on site.
Residents in closure zone will be allowed access to their homes. Contractor will allow access for school buses, solid waste & recycling trucks, and mail delivery.
FISCAL IMPACT:
No significant fiscal impact. Staff will continue to coordinate with CCCSD staff, review traffic control plans, and provide inspection oversight during the road closure. The City will also collect an appropriate inspection fee for field checks of closure per the encroachment /road closure permit.
NEXT STEPS:
Upon City Council approval of the road closure and adoption of Resolution 06-22 (Attachment A), Staff will issue CCCSD a road closure permit to construct sewer replacement at two locations on Camino Sobrante, as part of the North Orinda Phase 8 Sewer project.
ATTACHMENTS:
A. Resolution 06-22- Temporary Closure of a Portion of Camino Sobrante TO#211 B. Project locations
C. Detour/Traffic Control Plans and Project Slides
D. Resident Outreach Letter
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Respectfully Submitted by:
Scott Christie
Acting Public Works Director
Prepared By: Sivakumar Natarajan, Senior Engineer
Approved by:
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Authorizing the full closure of a
portion of Camino Sobrante North of
Lake Cascade Near El Ribero
Intersection
)
) Resolution No. 06-22
)
)
Traffic Order No. 211
WHEREAS, Central Contra Costa Sannitary District (CCCSD) needs to replace 9,900 feet of sewers primarily in Camino Sobrante, Altarinda Road, as well as various locations in Orinda, north of Interstate 24 as part of the Phase 8 Project; and WHEREAS, the section of Camino Sobrante located north of Lake Cascade near El Ribero intersection has very narrow pavement width and limited workspace; and WHEREAS, for the safety of all concerned, including public vehicular traffic, it is necessary to fully close Camino Sobrante, North of lake Cascade and Tiger Tail Court intersection to through traffic during construction; and
WHEREAS, residents located in the vicinity of the proposed road closure will need to detour using La Espiral and Dos Posos; and
WHEREAS, CCCSD has begun informing all residents in the project vicinity via mailed letters and on Nexdoor of the proposed work and associated 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 hereby authorizes the temporary full road closure of a portion of Camino Sobrante north of Lake Cascade near El Ribero intersection for a CCCSD North Orinda, Phase 8 Sewer project for the following times:
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Packet Pg. 195 Attachment: Resolution 06-22- Temporary Closure of a Portion of Camino Sobrante TO#211 (2665 : Camino Sobrnate Temporary Road Closure) 1) Beginning Wednesday March 2, 2022 until Friday March 25, 2022, Mondays through Fridays between 9:00 a.m. to 3:00 p.m.
2) Monday March 28, 2022 until Friday April 8, 2022, Mondays through Fridays between 9:00 a.m. to 3:00 p.m.
Adopted by the City Council of the City of Orinda at a regular meeting on February 1, 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dennis Fay, Mayor
ATTEST:
Sheri M. Smith, City Clerk
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Packet Pg. 196 Attachment: Resolution 06-22- Temporary Closure of a Portion of Camino Sobrante TO#211 (2665 : Camino Sobrnate Temporary Road Closure)
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Sou
Po
th
int Rd
Honey
Hill Ct
Charles H
Las
ill Rd
Vegas Rd
CharlesHill Rd
Charles H ill Cir
LosDedos Rd El Nido Ranch Rd
Las
CascadasRd
Oak Flat Rd
Ironbark Cir
Charles Hill Pl
EllenCt
El
Pulgar
Saint Stephens Dr
Aqua Vis
ElVerano
Las Aromas
Via Las Cruces
Las Vegas Rd
Honey Hill Rd
La Espiral
E Altarinda Dr
Las Palomas
V ia Floreado Charles Hill Cir 71A2-PR44 71A2-PR46
71B2-PR22
71B2-PR28
71B2-PR29
71B2-RI5
Canon
Dr
The Knl
The
Glade
Cro ss
R idge Ter
Ravenhil l Rd
Village Sq
La Plaza Dr
Tamarillo Ct
L a Cuesta Rd
Cresta
Blanca
Wovenwood
Altarinda Dr
Cork
Tree Ln
Kite Hill Ter
Kite Hill Rd
Avenida
de Orinda
Rio Vis
Bay Tree Bend
Watchwood Rd
Village View Ct
Pomelo
Pl
Los
Conejos
Loma
VistaDr
La Bolsita Way
Wild Plum Wy
El Patio
Santa Maria Way
Village Gate Rd
Bates
Blvd
Ridge
GateRd
Irw
W
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ay
Linda Vis
Camino Sobrante
Altarinda
Rd
Mira LomaRd
El Toyonal
Orinda Woods Dr
St. Stephens Trl
Orinda
Way
Camino Pablo
69E4-M1
69E4-M2
69E4-M3
69E4-M7
69E4-M12
69E4-M14
69E4-M24
69E5-M24
69E5-M27
69E5-M29
69E5-M28
69E5-M25
69E4-M121
69E5-M27.2
69E4-M127
69E5-RI21
El Sereno
Bien
Venida
Mir
L
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La Senda
Cam ni o
Sobrante Via
Hermosa
La
Espiral
Camino
Sobrante
La Cuesta
Rd
Camino
Lenada
Miner Rd
Camino Don M guel i
Dos Posos
La
Noria
Camino
Sobrante
Vida
Des cansada
Bien Venida
Miner
Rd
Via Farallon
CaminoSobrante
69D3-M11
69D3-M12
69D3-M13
69E2-M47
69E3-M53
69E3-M59
69E3-M59.4
69E3-M60
69E3-M61
69E3-M68
69E2-M47.7
69E2-M47.6
69D3-RI14
69D3-RI15
69E2-RI50
69E3-RI64
69E3-RI63
69E3-RI62
Holly
Ln
Stanton
Ct
Sol Brae
Way
Fairway Dr
California Ave
Crescent Dr
Vallecito Ln
North Ln
Hacienda Cir
Stanton Ave
Ardilla Rd
Acacia Dr
ClaremontAve
Berkeley Ave
Manzanita Dr
69D3-PR25 69D3-M24
69D3-M58
69D3-M59
69D4-M80
69D4-M81
69D3-M60
Washington Ln
Sleepy Hollow Ln
Ridge Ln
Ichabod Ln
Normandy Ln
42D7-RI17
42D7-RI18
42D7-M14
42D7-M16
Manhole
Pressure Relief
Rodding InletSewer MainWaterlineDistrict Boundary
Construction Method
Open CutPipe Burst
Orinda Lafayette
Moraga
Pleasant
Hill
0 1
Mile
1 2 3
4 5
DETAIL AREA
N:\GIS\Projects\CapitalProjects\8463_NOrindaPh8\Pro_DP8463_NOrindaPh8\Pro_DP8463_NOrindaPh8.aprx MM DP8463 - NORTH ORINDA PHASE 8
Area 1
Area 2
Area 3
Area 4
Area 5
0 300 600
Feet
0 300 600
Feet
0 300 600
Feet
0 300 600
Feet
0 300 600
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Lake Cascade
San Pablo Creek
Camino Pablo
Map Date: 9/15/2020
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Packet Pg. 197
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Attachment: Detour/Traffic Control Plans and Project Slides (2665 : Camino Sobrnate Temporary Road CENTRAL SAN’S
NORTH ORINDA SEWER
RENOVATION PROJECT –
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H.2.c
Packet Pg. 201
Attachment: Detour/Traffic Control Plans and Project Slides (2665 : Camino Sobrnate Temporary Road
CLOSURE DETAILS
• Mondays – Fridays from
9:00 am – 3:00 pm
• Access maintained for
• Residents living within
closure area
• Emergency vehicles• School busses• Solid waste & recycling trucks
• USPS & delivery services
H.2.c
Packet Pg. 202
Attachment: Detour/Traffic Control Plans and Project Slides (2665 : Camino Sobrnate Temporary Road
CLOSURE DETAILS
H.2.c
Packet Pg. 203
Attachment: Detour/Traffic Control Plans and Project Slides (2665 : Camino Sobrnate Temporary Road
CLOSURE
1 March 2, 2022 – March 25, 2022
Mondays – Fridays 9:00 am – 3:00 pm
H.2.c
Packet Pg. 204
Attachment: Detour/Traffic Control Plans and Project Slides (2665 : Camino Sobrnate Temporary Road
CLOSURE
2 March 28, 2022 – April 8, 2022
Mondays – Fridays 9:00 am – 3:00 pm
H.2.c
Packet Pg. 205
Attachment: Detour/Traffic Control Plans and Project Slides (2665 : Camino Sobrnate Temporary Road
QUESTIONS &
COMMENTS
Contact: Chris [email protected](925) 229-7316 H.2.c
Packet Pg. 206
Attachment: Detour/Traffic Control Plans and Project Slides (2665 : Camino Sobrnate Temporary Road January 21, 2022
Dear Central San Customer:
DP8463 NORTH ORINDA SEWER RENOVATIONS, PHASE 8 – ROAD CLOSURE Central San recently awarded a construction contract to K.J. Woods Construction Inc. (Contractor) of San Francisco to rehabilitate/replace sewer lines in the City of Orinda.
The Contractor has started work on this project and is scheduled to do some work on Camino Sobrante in March 2022. To perform the work safely, the road will be closed, and a detour route will be established. Please see attached maps for the location of road closure and detour route.
Road Closure 1 is scheduled to occur March 2, 2022 to March 25, 2022, Mondays – Fridays from 9:00 am – 3:00 pm. Road Closure 2 is scheduled to occur March 28, 2022 to April 8, 2022, Mondays – Fridays from 9:00 am – 3:00 pm.
During the road closure, access will be maintained to addresses within the closure for residents, emergency vehicles, school buses, garbage trucks, and delivery services.
This road closure will be presented to City of Orinda Council on February 1, 2022.
You are invited to attend and there will be opportunity for public comment.
If you have any questions, comments, or concerns about the project, please call me at (925) 229-7316.
Sincerely,
Christopher M. Carpenter
Senior Community Affairs Representative
PHONE: (925) 228-9500
FAX: (925) 372-7635
www.centralsan.org
ROGER S. BAILEY
General Manager
KENTON L. ALM
Counsel for the District
(510) 375-4571
KATIE YOUNG
Secretary of the District
H.2.d
Packet Pg. 207 Attachment: Resident Outreach Letter (2665 : Camino Sobrnate Temporary Road Closure)