Orinda City Council
July 19, 2022

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, July 19, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 07.19.22
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 in the public review binder at Orinda City Hall, 22 Orinda Way. 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 account 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.
 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.

City Council
Agenda Page 2 07.19.22
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
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. June 21, 2022 - Regular Meeting

2. July 5, 2022 - Closed Session
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 July 20, 2022 to August 19, 2022 Pursuant to the Provisions of Assembly Bill 361.

F.3. Proposed addition of a three-year full time limited term Education and Outreach Coordinator
City Council
Agenda Page 3 07.19.22
Recommendation:

Staff recommends City Council approve Resolution No. 37-22 approving the addition of a three-year full time limited term Education and Outreach Coordinator Classification. This classification would allow the City to more effectively implement education and outreach programs related to Orinda's Measure R programs including fire prevention, emergency preparedness, roads, and storm drains.

F.4. Award of a Construction Management Services Contract to Anchor CM for the 2022 Annual Pavement Rehabilitation Project (Project No 4166), Pavement Rehabilitation Project (Project No.4165), and Moraga Way Pedestrian Pathway Project (Project No.4168) Recommendation:

Staff recommends that the City Council award the Construction Management Services Contract in the amount of $263,895 to Anchor CM for the 2022 Annual Pavement Rehabilitation Project (Project No. 4166), Pavement Rehabilitation Project (Project No. 4165) and Moraga Way Pedestrian Pathway Project (Project No. 4168); authorize program expenditure up to $303,480 (includes 15% contingency); and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. No On-Street Stopping or Parking During Red Flag Days along portions of evacuation routes within very High Fire Hazard Severity zones in Orinda.

Recommendation:

Staff recommends the City Council consider approving Resolution 36-22 and Traffic Order No. 216 to restrict stopping and parking during Red Flag Warning Days along portions of evacuation routes within Very High Fire Hazard Severity Zones in Orinda, which consist of Monte Vista Road, Claremont Ave, Manzanita Drive, Vista Del Mar, Camino Don Miguel, Sleepy Hollow Lane, Lombardy Lane, Dalewood Drive, Honey Hill Road, Charles Hill Road, and Sundown Terrace.

H.2. City Policies Related to Roadside Vegetation Clearance and Opportunities to Support Fire Prevention
Recommendation:

Receive Report, Discuss, and Provide Direction, if any.

H.3. Award of a Construction Contract to Bay Cities Paving & Grading, Inc. for the 2022 Annual Pavement Rehabilitation Project (Project No.4166 & CIP 4165) and Moraga Way Pedestrian Pathway Project (Project No. 4168)
Recommendation:

City Council
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Staff recommends that the City Council approve the design for the Annual Paving Project (CIP No.4166 and CIP No.4165), and Moraga Pedestrian Pathway Project (CIP No.4168); award the Construction Contract to Bay Cities Paving & Grading, Inc. of Concord, California for the total bid amount of $4,881,704.44; authorize program expenditure up to $5,613,960 to include a 15% contingency; and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney
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, August 16, 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 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 City Council
Agenda Page 5 07.19.22
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.

AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. June 21, 2022 - Regular Meeting

2. July 5, 2022 - Closed Session
ATTACHMENTS:

A. City Council Closed Session Minutes of July 5, 2022
B. City Council Meeting Minutes of June 21, 2022
Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

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JULY 5, 2022

CITY OF ORINDA

CITY COUNCIL CLOSED SESSION MINUTES
5:30 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Fay called the meeting to order at 5:30 p.m. City Manager Biggs called the roll and noted that all Councilmembers were present.

B. OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS Mayor Fay identified the Closed Session Matter.

C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no members of the public wishing to speak.

D. CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6 Conference With Labor Negotiators - City Negotiators: David Biggs, City Manager; Douglas Alessio, Administrative Services Director; Gregory Ramirez, IEDA; Chuck Flesher, IEDA; and Ginger Staton, Human Resources Manager relative to the following employee groups:
a. Teamsters Local Union No. 856
b. Unrepresented Employee Group
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
City Manager Biggs reported that Council took no reportable action taken.

F. ADJOURNMENT
The meeting adjourned at approximately 6:00 P.M.
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of July 5, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 1 of 19 06.21.22
June 21, 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=2094.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
MOTION by Councilmember Gee moved and seconded by Councilmember Kosla to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation recognizing the 80th Anniversary of Executive Order 9066 and in solemn remembrance of the many Americans of Japanese Descent who were forcefully evacuated from their homes and interned in concentration camps during World War II
Mayor Fay read the proclamation into the record, recognizing the 80th Anniversary of Executive Order 9066 and in solemn remembrance of the many Americans of Japanese Descent who were forcefully evacuated from their homes and interned in concentration camps during World War II.

Councilmember Gee introduced the author’s daughter and Michael Beller, Orinda Librarian and spoke about the tragedy, presented “The Lotus” book which she donated to the County Library.

Kimi Dowell, The Lotus author’s daughter, thanked the Council for presenting the proclamation which recognized events 80 years ago and which underscores the need to learn from their past and ensure history does not repeat itself.

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Michael Beller, Orinda Librarian, echoed sentiments and spoke about memoirs like this which remind people it can happen again, as well as racisms and xenophobia. He hopes the community will read the book and other resources on internment which are available at the Orinda Library.

Mayor Fay and Councilmembers thanked Mr. Beller for donating the book and for Ms.

Tahira for speaking on behalf of her mother.

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

E. PUBLIC FORUM
Michael Bowen, Vice President, Friends of Orinda Creeks (FOOC), thanked the Council for the proclamation and asked the Council to support of the Downtown San Pablo Creek Restoration project. The Friends are about to launch Phase 1 and he voiced confusion about the City’s budget process. He called attention to Item H.328, stating many items have already been approved for funding through the Downtown Precise Plan process and he asked for clarification.

Tom MacKinnon stated over the years, the Friends of Orinda Creeks have partnered with the City. He asked the City to be partners in the Downtown San Pablo Creek Restoration project, stated FOOC has raised $100,000 for the project on their own and he spoke about Assembly member Bauer-Kahan’s securing of $125,000 to begin work on the trail and the restoration design project which went to the City. He cited confusion among staff and Councilmembers as to where they are, how funds will be used, and asked that this be resolved. He also recommended the Council walk the trail.

Lisa read a statement into the record regarding the grant of $125,000 secured by Assemblymember Bauer-Kahan for the trail and San Pablo Creek Restoration in November 2021 and sent to the City to hold its appropriation. The City had approved the conceptual designs for the entire section and completed designs for the Phase 1 step pool and removal of loose concrete slabs in the project for which construction starts in 41 days. It appears that most of the $125,000 has been utilized for consultants budgets associated with the Housing Element and the Downtown Precise Plan and she asked for clarification.

Bob Stoops, President, FOOC, stated this is a 275-foot project behind the Vintage Office Building. They have permission from the property owner and the County to move forward with the restoration and it will cost about $154,000. To date, they have already raised and paid for $103,561 which is 67% of the total and need the City’s help relating to the money set aside for creek restoration and trail design. The project improves flood control, aesthetics of this area, and it also gives the entire community a chance to see what an improved restored creek can look like.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 3 of 19 06.21.22
Cinda MacKinnon said she moved 30 years ago and was saddened to see the state of the creek, said she has worked to raise awareness to see the creek restored and echoed comments of other speakers relating to the confusion about the $125,000 in funds required by the efforts of the FOOC. Assemblymember Bauer-Kahan clearly stated the purpose of the funds to “restore the riparian area, public access, improved water quality, enhanced habitat and stabilization of the streambed and include due diligence for the City to acquire property and public easements.” FOOC has raised private monies and she asked to use this and City money for trail planning and creek restoration.

Mayor Fay assumed those who have commented will not be able to stay for the budget item on the agenda. He asked and confirmed with the City Attorney that it is possible for some of the questions asked to be answered now.

City Manager Biggs explained that the City has not received the grant yet. It was a budget appropriation and the City will still need to complete an application for the administrative grant and are working on that now. The money does not flow into the General Fund and grants are held in a segregated line item. The Friends and staff met last week and staff suggested they submit this as an appropriation so it can be considered as part of the budget item this evening.

F. CONSENT CALENDAR
Mayor Fay asked and confirmed there were no speakers or requests for removal of items.

F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. June 7, 2022 - Closed Session

2. June 7, 2022 - 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 June 22, 2022 to July 21, 2022 Pursuant to the Provisions of Assembly Bill 361.

F.3. Adoption of Appropriation Limit For Fiscal Year 2022-2023 Recommendation:

Adopt Resolutions #27-22 establishing the Annual Appropriations Limit for Fiscal Year 2022-2023.

F.4. Request Approval to Accept Art Donation from former Orinda Resident
Recommendation:

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 4 of 19 06.21.22
Approve request to accept the donation of a Robert Holmes sculpture by recently-relocated former Orinda resident Anna Lijphart.

F.5. Authorize Contract Amendment #2 to a Professional Services Contract with Hohbach Lewin, Inc. for the City Hall Slope Stabilization Project (Project #4108)
Recommendation:

Staff recommends that City Council authorize the City Manager and City Clerk to execute Contract Amendment No. 2 with Hohbach Lewin, Inc., subject to approval as to form by the City Attorney, to increase the contract limit by $13,000 for a total contract amount of $91,000.

F.6. Approve Interagency Agreement with the Contra Costa County Animal Services Department for Animal Control Services
Recommendation:

Approve and Authorize the City Manager to execute an agreement for animal control services with the Contra Costa County Animal Services Department for a new two (2) year term at a total cost not to exceed $330,000.

MOTION by Councilmember Kosla moved and seconded by Vice Mayor Miler to approve Consent Calendar Items F.1.1, F.1.2, F.2, F.3, F.4, F.5 and F.6. Said motion carried by (5-0) roll call vote.

G. PUBLIC HEARING
G.1. Public Hearing to Confirm the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2023 Recommendation:

Open the Public Hearing, receive public testimony, close the Public Hearing and consider adoption of Resolution 30-22, Confirming the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1, Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2023.

Recused: Mayor Fay recused himself from participating due to location of his residence and left the meeting.

Public Works Director Scott Christie gave the staff report and overview of the item involving the three districts. He said Jason Roth, Senior Consultant with NBS can answer specific technical questions, as needed. Staff recommends the Council open the public hearing, receive public testimony, close the hearing, and adopt Resolution 30-22 confirming the assessment be levied for Orinda Street Lighting and Landscape Assessment District No. 1986-1, Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2023.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 5 of 19 06.21.22
Brief discussion and clarification was held regarding M-11 zone in the downtown and subsidy by the City, the amounts proposed to be increased in the districts, and he confirmed that no public comments have been received regarding the districts.

Vice Mayor Miller opened the Public Forum, and there were no speakers or emails.

MOTION by Councilmember Kosla moved and seconded by Councilmember Worth to close the Public Hearing and adopt Resolution 30-22, Confirming the Diagram and Assessment for the Orinda Street Lighting and Landscape Assessment District No. 1986-1, Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2023. Said motion carried by unanimous (4-0-1; Fay recused) roll call vote.

Noted as Present:

Mayor Fay returned to the meeting and was noted as present.

G.2. Public Hearing for Development Impact Fees and Fees for Services Provided by the Planning, Public Works and Engineering Services, Parks and Recreation, Police and Administrative Services Departments (Master Fee Schedule)
Recommendation:

Staff recommends that the Council hold a public hearing to consider the proposed revised Fee Schedule and approve it by the adoption of Resolution 28-22.

Administrative Services Director Doug Alessio gave the staff report and overview of the item relating to development impact fees and fees for services in various City departments under the Master Fee Schedule. Staff recommends the Council hold a public hearing, consider the Master Fee Schedule and adopt Resolution 28-22.

Mayor Fay opened the Public Forum, and there were no speakers or emails.

Mayor Fay Councilmembers voiced support of adoption of the resolution and commented that the City has varying rental rates for non-profit community groups. He spoke about the fees Wilder residents already paid and suggested that staff look at the differential between residents and non-residents on the City’s playing fields in the next six months or so.

He also referred to page 150 of the packet and suggested staff review the City’s parking in-lieu fee. The highest fee is $10,505 per parking spot and this is after they have already foregone 3 spaces. This does not create a parking space, noting their costs are $50,000 to $100,000 per space. Given the City will see new development in the downtown he suggested raising these fees as they are not generating the type of revenue needed to create the in-lieu parking space elsewhere.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 6 of 19 06.21.22
Councilmembers Worth and Kosla agreed, and Councilmember Kosla stated there was a parking consultant hired at the time the fees were approved and he suggested using the original study and to use it as a basis.

Mayor Fay closed the public hearing.

MOTION by Councilmember Worth moved and seconded by Councilmember Gee to adopt Resolution 28-22 approving the revised Fee Schedule. Said motion carried by unanimous (5-0) roll call vote.

H. POLICY MATTERS
H.1. Supplemental Sales Tax Oversight Commission (SSTOC) Ad Hoc Presentation and Discussion of Fire Prevention and Emergency Preparedness Program Elements
Recommendation:
1) Receive a Report from the SSTOC Ad Hoc; 2) Receive an Update on the Fire District/City 2 X 2 Committee; and 3) Discuss Opportunities for additional Fire District and City Collaboration on Fire Prevention and Implementation of Program Elements Utilizing Measure R Funding, and Provide Direction, if Any.

City Clerk Smith announced that staff received 5 communications on this item and one during the meeting which she will read when public comment is taken.

City Manager Biggs introduced the item, stating the Council has a 2x2 Committee of Mayor Fay and Councilmember Gee and Director Jorgens of the MOFD Fire Board who met twice. A presentation was received by the SSTOC at their last meeting, and three SSTOC Ad-Hoc Committee members (Hammon, Reinman and Malkani) are present to provide a presentation, after which time he suggested hearing from 2x2 Committee members and then hearing from the Council on recommendations.

Commissioner Paula Reinman gave a PowerPoint presentation of the Ad-Hoc Committee’s recommendations relating to moving forward with programs that would help them put Measure R funds to work to secure lives and property. They reviewed best practices from communities outside of Orinda, as well as MOFD, CERT, FireWise information and focused on things that operate at scale and ideas that would be measurable. The goal is to drive voluntary compliance. They spoke with organizations and wanted to understand how much fire prevention and protection they are driving.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 7 of 19 06.21.22
The timeframe for the proposal is FY 2022/23. Their goals are to increase the number of Orinda homes in Firewise neighborhoods from 30% to 85%, have wildfire readiness evaluations conducted on 20% or more of properties for the first year, believe another metric is the chipper program and to add at least 1,000 or more homes and to drive voluntary vegetation management and home-hardening compliance. They are proposing an incentive program and would want to see at least 10% of households using the program in the first year.

Commissioner Reinman then relayed recommendations to:

1. Implement an educationally focused structured home evaluation that is customized for each individual homeowner and provides a specific checklist of vegetation management and home-hardening tasks.

The Marin Fire Safe group claims this is the most successful thing they have done in terms of moving the needle and creating compliance. They believe the program needs to be run by MOFD and if it was run elsewhere, they risk mixed messages and other outcomes. MOFD prefers to focus on compliance than education and they need to discuss the right agreement with MOFD to ensure correct levels of staffing for significant inspections within Orinda. MOFD has issued violation notices in their neighborhood over the last two weeks and it has driven an amazing amount of activity and compliance.

2. Create an incentive program and other resources that will help people implement the checklist.

This would be through an MOFD notification and there should be incentives to help people get things done. These incentives are occurring in various communities and are becoming more common. Part of the City Manager’s recommendation is to ensure the Council is comfortable with the idea of incentives. MOFD is committing $500,000 to home hardening incentives, specifically ember-resistant vents and the City can opt to support that and expand that, focus on vegetation management or a combination of the two.

3. Augment the Chipper Program with a grid-based program so the chipper comes to each neighborhood once or twice a year.

This will help get better return on their investment made.

4. Support grass-roots activities with a dedicated staff person for education and outreach.

They cannot educate or promote too much and it is critical to be able to meet people where they are.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 8 of 19 06.21.22

5. Manage activities collaboratively with neighborhoods, with Commissions, City Council and MOFD.

Commissioner Reinman then presented a budget slide showing numbers which would be refined based upon how to structure specific programs. They have about $5 million in funding available and if they were to take the recommendations at their funded levels and include all other work that is on the schedule and in the budget for the SSTOC, it would be $2 million so they still have $3 million left.

Chair Hammon emphasized the sense of urgency given the fire season is upon them and fire can happen anywhere.

City Manager Biggs stated the SSTOC Ad-Hoc Committee made the same presentation at the second 2x2 meeting. He was not sure if the 2x2 Committee members wanted to speak about the high level consensus about the four areas or have him cover the staff report.

Mayor Fay asked members of the Council if they had any questions of the SSTOC AdHoc Committee, noting that the staff report incorporates much of the discussion of the Ad-Hoc Committee.

Councilmember Kosla stated if he were to call MOFD and ask them to send someone to tell him what he needs to do at his house, he asked if they will send someone and if so, he asked how this is set and whether it is a regular service call from MOFD.

Mr. Biggs said his understanding is MOFD provides a number to call and will go out on a case-by-case basis.

Commissioner Reinman said the majority of people on her block received violation notices. The notifications indicate what the violation is per code. MOFD sends a photo which may or may not include all violations. She thinks many residents would have liked to know the inspection was happening to understood what was happening on their property and also thinks there is an opportunity to collaborate with the ambassadors.

Chair Hammon stated the Fire Department has adopted the Fire-Adapted Communities Ambassador program and trained many people to go to homes and help them understand how to reduce fire hazards. Residents can visit the MOFD website and ask for an ambassador to visit and walk the resident through their property and provide suggestions.

Councilmember Kosla said the Fire Code has changed with various dates and deadlines.

He asked if he could call the Fire Department in March and request someone to come over and help him figure out what he needs to do.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 9 of 19 06.21.22
Mr. Biggs said the program is up and running throughout the year and residents can call and schedule someone to come out and provide advice, and there are differences between evaluations and inspections. There are opportunities to further collaborate amongst information that is sent out.

Commissioner Malkani said her understanding is when a resident is issued a citation, it comes with a photo and what they are asked to do is make the requested correction by a certain date and submit a photo showing completion of work. Those who are contacting MOFD are receiving substantive feedback, but it is not in the form of an inspector coming back to their home.

Councilmember Kosla said his question was more to address pre-citation and getting a better understanding how MOFD works for the regular resident who wants an assessment of their home prior to getting a citation.

Mr. Biggs said in part, the 2x2 Committee can take this back to their next meeting. He noted MOFD are a leader in fire prevention activities. At all levels, many agencies are responding to the extended fire season, many new state laws came out, loan programs, and rules changed. There are even new tools being developed to help make processes more streamlined.

Commissioner Malkani said she thinks the idea of the home evaluators is addressing what Councilmember Kosla is asking about. It would be a non-volunteer person who could tap into as closely as possible MOFD’s expertise to provide service in advance of the deadlines.

Councilmember Worth thanked the 2x2 Committee for their work, recognized the partnership with the City and MOFD, and agreed with the urgency. She noted MOFD will provide resources for home hardening through vents, and she asked if this information will be provided through MOFD’s incentive program.

Mr. Biggs emphasized there is a lot of information going out by the City and MOFD, but he clarified that the home hardening focused inventive program is only for fire resistant vents at this time. He thinks key is getting people to pay attention to messaging and recommended using the education and outreach position with Measure R monies for 2-3 years and see how things go.

Councilmember Worth said having run a number of political campaigns she voiced support of recommendation 4 about outreach and education. She asked the Ad-Hoc Committee if it would be an in-house temporary employee or a consultant for the task and also asked if the insurance industry is giving homeowners benefits from doing this kind of work.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 10 of 19 06.21.22
Commissioner Reinman said her personal recommendation is that the person is an employee, that they build relationships and come in with a community-wide role so their stakeholders should be the City Council, MOFD, Firewise, CERT, the schools, etc. They should come in with a broad mandate so they can understand the information that needs to get out and how to package it up so people can easily get it out.

Mr. Biggs said they are monitoring the evolution of the insurance issue, stating that some insurers offer discounts to those in Firewise neighborhoods and staff will share this and other information.

Councilmember Gee said she was supportive of the education and outreach position and still is but as she shared earlier with the City Manager, they brought on Ms. Cronin and if they were to have another resource position she is most interested in making sure they have a clear idea of what the person will be doing and their role, as well as Ms. Cronin and other City staff. She cited good consensus at the 2x2 Committee meeting with MOFD Board members where this was an area where there was comfort in coordinating with each other.

Commissioner Reinman said in the written ad-hoc report there is a draft summary of responsibilities for the communications person. That would give the committee and the City the information and to make any changes to specify Ms. Cronin’s role versus this position. Chair Hammon said they think they should also work closely with the City Manager regarding what their mutual expectations are for the person and could take part in interviews, as well.

Mr. Biggs stated the Commission and City staff has been looking at this with other cities and while there are not many models out there, many fire districts are expanding their staff, which he described. The City will have to develop a job description and the union will have to approve it, as well as the Council. It will have a recruitment and interview and hiring process. Therefore, they would not have someone on for 90-120 days.

Mayor Fay thanked Ad-Hoc Committee members for their work. He said when Commissioner Reinman and Chair Hammon were issued pre-citation notifications and notice of violations. He asked and confirmed if it was for the fronts of their properties and not the rear yards.

Mr. Biggs then referred to the four initiatives outlined in the staff report, said staff believes they need more resources for education and outreach, have applied for some funding through the Fire Safe Council to fund half of the position’s cost but they did not get the grant. They had also asked their Assemblymember about a program to fund a three-year program and at this time, he thinks the Council should approve an additional education and outreach position utilizing Measure R funding. The Council could add this to the budget or appropriate funding later.

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Packet Pg. 17
Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 11 of 19 06.21.22
The Chipper Program is working reasonably well and they can increase demand. MOFD would continue to manage the scheduling and their chipper will return in the fall. He stated Ms. Cronin will help MOFD with scheduling over the summer as MOFD has directed staff to enforcement and inspection activities and she is exploring an app to assist in this.

Another request are grants and incentives. They are looking to partner with MOFD and said there are a couple of options—whether the Council is interested in the City providing incentives. They could expand incentives or partner with MOFD, and they need to know whether the Council supports this and in what form. Staff could return with a program for the Council’s future approval to give life to a program.

He then described the position for a Wildland Fire Prevention Specialist, boots on the ground and home assessments. He thinks it is a good model and various counties have this type of program. The thought was that the City could use Measure R funds to add an additional inspector. The Fire Chief is not sure this makes sense, but supporting the Fire District taking the lead could take on some of the softer elements of that, but he does not believe the City should be doing home evaluations with their employees. He would still recommend that this particular element would deserve more discussion by the 2x2 Committee.

He is recommending funding at least one position as a home evaluator in the hopes the Fire District would fund one. They have looked at other areas where home assessments or evaluations are done by Fire District employees so this will require more discussions with the Fire District as to the best course forward.

The Council also has the ad-hoc’s recommendations and staff welcomes a policy discussion as to whether the Council is interested in grants and incentives, boots on the ground’s structure to identify where the collaboration takes place.

Councilmember Worth thinks the 2x2 Committee and MOFD Board should discuss the position. She asked staff to send the MOFD letter from Chief Winnacker to Councilmembers as some were not able to access it.

Mayor Fay opened the Public Forum.

City Clerk Smith read an email into the record from Juana Rudati regarding her opposition to the use of any Orinda money to fund any Fire District activity that is Fire Code related as long as there is no evidence to substantiate the code. She did not support funding the increase of inspectors or fire safety education since it is not based upon science, and did not support the glossy brochures the City has been making, stating cutting trees results in additional air flow.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 12 of 19 06.21.22
She supports recalling the Fire District’s right to fine Orinda residents and also recalls their right to put a lien against their property. She spoke about 90% of large wildfires which are caused by power lines and thinks the City should spend its money on undergrounding those wires and not on requirements that have no supporting data. She asked that money only be spent on evidence-based fire requirements.

Charles Porges said he has communicated with the Fire Chief who has done education and outreach over the last 4 years. No communications about access to the ambassadors has been available for them to give their opinions to residents. He asked if a property can be certified as having been cleared and passing the Fire code for insurance purposes.

He believes people simply do not have the time to fireproof their homes and he has suggested that if a service could be provided to haul debris to the road before the chipper comes, this would be an incentive that would work even during the winter.

Mayor Fay recommended the Council refer to the four items and take them in order and make a decision.

Mr. Biggs stated Dr. Rodati has spoken at SSTOC meetings and 2x2 Committee meetings and City staff and the Fire Chief disagree with her perspectives. Regarding Mr. Porges’ comments, staff is gathering data on the City’s chipper as the Fire District ended their contract chipper service at the end of the last fire season.

Regarding outreach and messaging, the Fire Chief is supportive of doing more education and outreach. Recently, the Fire District designated the Wilder neighborhood a refuge area which arguably could qualify a neighborhood for discounts. It is also the case for the J&J Ranch subdivision. Some insurers also offer discounts for Firewise neighborhoods and he referred to the State Insurance Commissioner’s website to see how they are addressing some insurance needs.

Mayor Fay referred to the four items for discussion:

1. Education and Outreach:

Mayor Fay and Councilmembers all concurred with staff and the SSTOC recommendations about the position, commented on the collaboration and work done to date, asked to be clear on the job responsibilities, and the breakout of responsibilities between other staff roles and duties, agreed with a length of a 2-year limited term which can always be extended, emphasized the need for emergency preparedness experience with fire, voiced the need to see the tracking of progress made, and requested review by the SSTOC prior to finalizing it with the Council.

2. Chipper Program:

Mayor Fay and Councilmembers agreed with the next step to move to a gridded system for part of the year when the Chipper services are less in demand. Vice Mayor Miller cited the need to understand how to get the chips to degrade naturally on the property.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 13 of 19 06.21.22
Mr. Biggs noted the State has adopted regulations where they were going to impose the City using mulch and green waste so these are at odds with chips and said most chips from the program go to an organic processing facility which is producing more material that can be used, which is a complication. He also emphasized that residents can schedule chipper appointments for their neighborhoods. The Fire District will continue to do the general scheduling through the summer, the City will take the lead on the gridded program, and this could spill into the new position.

Mayor Fay said wood chips do not typically catch on fire like mulch does, but he was not sure why and he suggested asking to clarify this with the Fire Chief.

3. Grants and Incentives:

Mr. Biggs asked if the Council would like to use Measure R money consistent with the Commission’s recommendation to establish an incentive program. Then, they should look at how a program should be structured to best avoid any gift of public funds or other legal challenges.

Mayor Fay and Councilmembers voiced support of having staff explore a pilot program on grants and incentives to drive compliance, in phases; 1) communication, 2) incentives; and 3) enforcement, thinks the City Attorney should determine what the City can do from a policy standpoint and confer with the MOFD Attorney, said the City’s use of grants could take multiple forms in augmenting their program and focus on vegetation instead of home hardening, cited the good use of people’s tax dollars, suggested a grant where landscaping is removed and replaced, for example, as a rock garden demonstration, possibly look at a means-based program in concert with marketing efforts.

City Attorney Osa Wolff referred to the bottom of packet page 154 and summarized that she has spoken with MOFD’s attorney and reviewed their legal analysis done and she agrees. The gift of public funds doctrine can allow grants to individuals if those grants are to serve a bigger public purpose. The devil is in the details or the implementation, so staff will need to grapple with how to administer a program like this which she described.

So, there is not much research she needs to do with respect to the overall question. The key issue will be the details of the program.

Lastly, in doing this analysis, she asked to keep in mind that the City’s jurisdiction is not the same as the Fire District’s which is their jurisdiction over enforcement of the Fire Code where the City does not. This is relevant to the gift of public funds analysis, so she will keep this in mind when working with staff to design a program that will be consistent with the California Constitution.

Vice Mayor Miller said given the letter received from the Fire District, she wondered if the City Attorney might circle back to MOFD so the Fire Chief is informed the City is not holding up their grant program. Ms. Wolff said this was her thought as well and said the MOFD Attorney did a nice job of laying this out in the letter.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 14 of 19 06.21.22
Mayor Fay said the Chief was mistaken on where the City was going with this, and thinks some clarity would be useful. He firmly believes incentives will be very important, agrees with a pilot program, and said unless the homeowner invites MOFD on their property they are only inspecting what can be seen from the street which is not true compliance. The Fire District has set aside $500,000 in their budget this year and he recommended the City Council set aside an amount of what the SSTOC is recommending and to develop the program.

Mr. Biggs confirmed the Council was open to grants and incentives and to consider incorporating a dollar amount for grants and incentives when the budget is discussed.

4. Wildfire Prevention Specialists (Boots on the Ground) & Home Assessments:

Councilmember Worth said the City is in a partnership with MOFD and she suggested asking the 2x2 Committee representatives tackle this jointly and then bring a recommendation back to the Council. When looking at models across the state, these are being done by fire departments.

Councilmember Kosla agreed and said he was uncomfortable giving money to MOFD and he would like to understand better what MOFD is currently doing and how much demand there will be and how much current demand there is if this already exists.

Councilmember Gee agreed with comments. Mayor Fay said he has many questions and agreed with the 2x2 Committee meeting to answer them.

Mr. Biggs thanked the Council for their feedback on items, confirmed the Council would like to add the education and outreach allocation with parameters, discuss whether an appropriation can be given for incentives, and staff can work on other elements, and noted the 2x2 Committee can further explore the third component at its July 12th meeting.

City Attorney Wolff stated there was consensus that offering grants to individual residents and homeowners would serve the broader purpose of fire safety in Orinda and that the City should think about how to best structure that. She has questions on how that structure will work in the absence of boots on the ground staff members in town because if they do not come in with a checklist of things they need to do, it will be hard to know whether they have earned an incentive. Therefore, the City has some work to do on this, and she was not sure the Council was ready to appropriate, but move to the next step and think about the design.

BREAK
Mayor Fay called for a break at 10:07 p.m., and thereafter reconvened the regular meeting at 10:12 p.m.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 15 of 19 06.21.22
H.2. Adoption of Resolution #32-22 Approving the Fiscal Year 2022-2023 Mid-Cycle Update To The Biennial Budget, Approval of Certain Annual and On-Call Contracts and the Allocation of Existing Unassigned General Fund Balance.

Recommendation:

Adopt the Resolution which authorizes spending for Fiscal Year 2022-2023, Approves Certain Annual and On-Call Service Contracts, and, Allocates Existing Unassigned General Fund Balances.

City Manager Biggs stated there are two items carried forward from the last item; the education and outreach specialist limited term position and this would be approximately $140,000 allocation including benefits and all costs annually. The second would be consideration of an additional appropriation for an incentives and grants program. Also, there was discussion from Friends of the Orinda Creek, and the Council can circle back to this after Mr. Alessio’s presentation.

Administrative Services Director Doug Alessio gave a PowerPoint presentation regarding adoption of the mid-cycle update for FY 2022-23. He clarified that the $125,000 referred to from Friends of the Creek does not exist in the budget. The City actually does not have any document that awards the money, spells out the rules, and once received, staff will return to Council with an appropriation for the revenue and expenditures for the $125,000 funding.

Councilmember Gee said she understands the City does not yet have the money, but she assumes it can only be spent what it is being given to the City which is for planning and other topics. The Friends of the Creek sounded like they wanted funding for a construction activity.

Mr. Alessio stated he has not seen the description of what the money can be spent on and once received, typically the City will set up a separate fund which they would comply with and it will dictate what the money can be spent on.

Mr. Biggs said he and Mr. Alessio shared with the FOC that it is unlikely the city will have the money by their start date, and he thinks it is ill-advised in focusing on the grant but this does not mean the Council could consider 2 or 3 other possible sources if the Council is interested in assisting with the project.

Mayor Fay asked if the City has sources of expenditures that would use the $125,000 in grant funds on other things if the Council decides to use some of the City’s money to supplement FOC’s items. Mr. Biggs said their plan was to utilize it towards a $65,000 hydrology study the Council authorized last year and the work being done by Questa as part of creek planning and the Downtown Precise Plan, which is more than $125,000.

Mayor Fay asked and confirmed that there are opportunities the City has in funding that could assist in FOC’s request. Mr. Biggs said they met with FOC last Thursday, so this is not incorporated in the presentation.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 16 of 19 06.21.22
Mr. Alessio then gave a brief PowerPoint presentation on the City’s budget. He described presentations given to the SSTOC, the Library Parcel Tax Oversight Committee and the Finance Advisory Committee who supported the 2-year budget, as presented. He presented a comparison of the budget’s original adoption and the proposed budget tonight, with anticipated increased revenues and holding steady on the City’s expenditures. A small surplus is anticipated, with reserve targets to be reached, and staffing levels remain consistent and beneath staffing levels of FY 2018/19. He then presented a chart of revenues and expenditures, described operating expenses per department, and the Finance Advisory Committee recommendations for City needs.

Councilmember Worth referred to the bar chart looking at various departments and percentages of the budget in terms of expenditures and asked if staff could clarify the net costs after offsetting revenues for the Parks and Recreation Department, given the City receives on-going fees.

Mr. Alessio and Mr. Biggs confirmed the information is available. Mr. Alessio presented a slide showing fees and charges for Parks and Recreation and Planning, and said he can prepare a bar chart with two colors showing how much is covered by fees and the other not covered for future presentations.

Vice Mayor Miller suggested a net number where fees received are deducted and facilities could be separately identified. Mr. Alessio said much of this presentation was done in the past but he could provide this in the future and emphasized that the information is included in the document which starts on page 49.

Mayor Fay opened the Public Forum, and there were no speakers or emails.

Vice Mayor Miller said she met with Friends of Orinda Creeks on Thursday, cited FOC’s disappointment about the State appropriation and timing of funding for the project. She voiced support of contributing funding to come out of the $300,000 assigned to the long - term and General Plan assigned fund balance or ARPA funding. She also voiced support of the allocation to the fleet replacement, to the road and drainage fund.

Councilmember Worth thanked Mr. Alessio for the budget presentation, voiced support and described reasons for utilizing funds in the long-range planning fund to complete the funding for the creek restoration on the County-owned parcel given it meets downtown revitalization goals and efforts.

Councilmember Gee echoed comments, thinks the Council has been supportive of the project, and suggested picking a certain dollar amount they are willing to contribute.

Mayor Fay echoed comments and voiced support of the request, and pointed to “Flow West” in their letter and asked how this relates to the hydraulic study the City did and paid for.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 17 of 19 06.21.22
Mr. Biggs stated the FOC’s request was for $52,000 and said the FOC used Flow West as their consultant. They had done some initial modeling and Flow West has worked on the demonstration project. The more expansive modeling the City did was through Questa Engineering. The Council allocated $60,000 last year for that out of the long-range planning fund.

Mayor Fay suggested handling this through an allocation from the City’s budget as he was not sure the appropriation from the Assemblymember can actually be used for actual construction. Mr. Biggs suggested the Council voting on the dollar amount and for reducing the allocation from the long-term planning fund for the amount to the creek project. He then noted there is some contingency in the FOC’s budget which can be factored in.

Vice Mayor Miller said there is an inflation clause of $6,500 and a contingency of $8,568 which is 10%. Mr. Biggs said this is part of the $52,000 request.

Councilmember Kosla voiced his support and thinks the Council should fully fund the request.

MOTION by Councilmember Worth moved and seconded by Councilmember Gee to fund the $50,742 request from the Friends of the Orinda Creek and that it comes out of the unallocated reserves that would be going to the long-term planning of the General Fund. Said motion carried by unanimous (5-0) roll call vote.

Mr. Biggs then referred to the request for the education and outreach specialist position and also whether the Council wished to allocate funds for a grants and incentive program.

MOTION by Vice Mayor Miller moved and seconded by Councilmember Worth to fund an appropriation of $140,000 from Measure R funds for the Education and Outreach Specialist two-year limited term position. Said motion carried by unanimous (5-0) roll call vote.

Mayor Fay questioned whether a motion was needed for the grants and incentive program, and Mr. Biggs said the Council could opt to return to allocate funding for this once there is a better sense of program design and dollar amount or the Council could add it to the budget now.

MOTION by Councilmember Gee moved and seconded by Councilmember Kosla to fund a placeholder allocation of the SSTOC’s recommended $400,000 from Measure R funds for an education and incentive program, to be developed. Said motion carried by unanimous (5-0) roll call vote.

EXTEND MEETING
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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 18 of 19 06.21.22
MOTION by Vice Mayor Miller moved and seconded by Councilmember Worth to continue the meeting to 11:30 p.m. Said motion carried by unanimous (5-0) roll call vote.

MOTION by Councilmember Kosla moved and seconded by Councilmember Worth to adopt the Resolution which authorizes spending for Fiscal Year 2022-2023, Approves Certain Annual and On-Call Service Contracts, and, Allocates Existing Unassigned General Fund Balances, as amended, with the three prior motions incorporated into the budget. Said motion carried by unanimous (5-0) roll call vote.

Mayor Fay and Councilmembers thanked staff for preparation and presentation of the City’s budget.

H.3. Adoption of Capital Improvement Plan (CIP) Update (Fiscal Years 2021/2022-2026/2027
Recommendation:

Adopt Resolution 31-22 which approves the Capital Improvement Plan Update (Fiscal Years 2021/2022-2026/2027)
Public Works Director Scott Christie gave a brief staff report, background of prior reviews, and overview of the new projects added to the funded portion of the CIP, particularly the one project being added to the unfunded list; the enhanced landscaping on the medians under the Hwy 24 bridge and surrounding area, the gas tax related to the SB 1 LPP Program which is a reimbursed program.

Mayor Fay opened the Public Forum, and there were no speakers or emails.

MOTION by Councilmember Worth moved and seconded by Councilmember Gee to adopt Resolution 31-22 which approves the Capital Improvement Plan Update (Fiscal Years 2021/2022-2026/2027). Said motion carried by unanimous (5-0) roll call vote.

I. COUNCILMEMBERS’ REPORTS – Mayor Fay reported on June 11th he attended the Eagle Scout Court of Honor where 6 young men were awarded their Eagle Scout badges and where he presented each with a proclamation. He also attended the Wilder Fair which was well-attended.

J. CITY MANAGER’S REPORT – City Manager Biggs reported last week the Mayor presided over a groundbreaking for the Solar and Battery Backup Roofing project at the Community Center. Today is the first day of summer and there will be many activities in the park which are listed on the City’s website, and he also looks forward to the 4th of July parade.

K. MATTERS INITIATED – None.

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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) Orinda City Council Minutes Page 19 of 19 06.21.22
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 11:04 p.m. to the next Regular Meeting on Tuesday, July 05, 2022 at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Meeting Minutes of June 21, 2022 (2853 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: July 19, 2022
Department: City Clerk
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 July 20, 2022 to August 19, 2022 Pursuant to the Provisions of Assembly Bill 361.

BACKGROUND:

On October 5th, 2021 the Orinda City Council adopted Resolution No. 42-21 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 19, 2021, and at subsequent meetings through 2021 and 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 February 25, 2022 Governor Newsom issued an Executive Order which extends the emergency proclamation to June 30, 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.

On July 5, 2022, Contra Costa Health Services issued the attached revised Recommendations for Safely Holding Public Meetings in which online meetings are still encouraged.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Weblink to: Staff Report, Adopted Resolution at October 5, 2021 Council Meeting B. Contra Costa Health Services Recommendations for Safely Holding Public Meetings F.2
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Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

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Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of July 5, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 7-5-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
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Attachment: Contra Costa Health Services Recommendations for Safely Holding Public Meetings (2854 : Ratify Continued Teleconference City Council
Staff Report
Agenda Item: F.3
Date: July 19, 2022
Department: Human Resources
AGENDA TITLE: Proposed addition of a three-year full time limited term Education and Outreach Coordinator
RECOMMENDATION:

Staff recommends City Council approve Resolution No. 37-22 approving the addition of a three-year full time limited term Education and Outreach Coordinator Classification.

This classification would allow the City to more effectively implement education and outreach programs related to Orinda's Measure R programs including fire prevention, emergency preparedness, roads, and storm drains.

BACKGROUND:

In accordance with section 3.1 of the City Personnel Rules, the City Council approves classifications used by the City. At the June 21, 2022 Council meeting the Supplemental Sales Tax Oversight Commission (SSTOC) Ad Hoc Committee made a presentation to the Council regarding fire prevention and emergency preparedness and provided recommendations to the Council how to put Measure R funds to work to secure lives and property, including a dedicated staff person to provide education and outreach efforts. The Council supported the recommendation of the Supplemental Sales Tax Oversight Committee (SSTOC) to create a focused full-time position to focus on communication, education and outreach.

DISCUSSION:

Per Council direction, staff drafted a job description (Attachment B) for the Education and Outreach Coordinator classification for the Measure R Programs. The position will be best suited as a full time limited term three year position and any extensions to the term would be subject to Council approval. The classification will focus on public education, outreach and marketing activities to improve the City’s ability to implement the full range of activities surrounding the high priority issue of wildfire prevention and preparedness. The new position will lead the City’s education and community outreach efforts in collaboration with the Moraga Orinda Fire District, to encourage and support Firewise neighborhoods and partner with other collaborative organizations.

SUMMARY/NEXT STEPS:

Upon approval, the new classification would be added to the City’s Consolidated Salary Schedule. The recruitment and selection process is expected to begin in August.

FISCAL IMPACT:

The monthly salary range for the Education and Outreach Coordinator classification is $7,623.70 - $9,302.35. The total estimated cost (including medical insurance, deferred compensation and other direct employment costs) of this position varies from $125,000 F.3
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to $147,000 annually. This position is being fully funded from Measure R funds, and there would be no General fund allocations.

ATTACHMENTS:

A. Resolution 37-22 Approving Education and Outreach Coordinator B. DRAFT Education Outreach Cooridinator Job Description C. Resolution 37-22 Approving Education and Outreach Coordinator D. DRAFT Education Outreach Cooridinator Job Description Respectfully Submitted by:

Ginger Staton
Human Resources Manager
Prepared By: Ginger Staton, Human Resources Manager
Approved by:

F.3
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In the Matter of:

Approving the Addition of a Limited )
Term Education and Outreach
Coordinator position
)
)
Resolution No. 37-22
WHEREAS, the City of Orinda City Council received a presentation and recommendations by the Supplemental Sales Tax Oversight Commission (SSTOC) Ad Hoc Committee at the June 21, 2022 Council meeting; and WHEREAS, the Council approved of the recommendation to add a dedicated staff person to provide education and outreach efforts related to Orinda’s fire prevention, emergency preparedness, plans, programs and activities; and WHERAS, staff drafted a job description for the creation of a full-time limited-term dedicated Education and Outreach Coordinator to implement policies as set forth by the City Council; and
WHEREAS, the position would be fully funded from the Measure R proceeds; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby authorize the City Manager to approve this full-time limited term position.

Adopted by the City Council of the City of Orinda at a regular meeting on July 19, 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Dennis Fay, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 37-22 Approving Education and Outreach Coordinator (2858 : Proposed addition of a full time classification Education

DEFINITION
Under direction, performs professional level public education, outreach, and marketing activities involving the coordination and dissemination of information to the public and media; performs administrative and analytical support duties for an assigned department and/or division; oversees assigned programs and administrative processes; conducts special projects; and provides highly technical and responsible assistance to assigned department and/or programs.

DISTINGUISHING CHARACTERISTICS
This is the journey level in the single level professional Education and Outreach Coordinator class. Incumbents are expected to perform the full range of duties as assigned, working independently and exercising judgment and initiative. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and policies of the work unit. This is an exempt position with some evening and weekend work required,

SUPERVISION EXERCISED
May exercise technical and functional supervision over lower-level staff.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Oversee assigned programs and perform administrative support functions in relation to assigned Measure R programs.

Establish and nurture relationships with key stakeholders inside and outside of the City (i.e., Moraga Orinda Fire District, Firewise, CERT, leaders in other communities who can share best practices) to ensure that Orinda’s fire prevention and emergency preparedness plans, programs and activities and implementation efforts consistently reflect state of the art practices.

Educate the community regarding the Fire Code, the Firewise USA program; and community wildfire management practices.

CITY OF ORINDA

EDUCATION AND OUTREACH COORDINATOR
(MEASURE R PROGRAMS)
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Attachment: DRAFT Education Outreach Cooridinator Job Description (2858 : Proposed addition of a full time classification Education and Create a measurable, community-based outreach and education strategy and budget to deliver on City goals and to drive awareness of and participation in Measure R funded programs; ensures that key elements of the City’s planned marketing and outreach efforts are assessed and implemented.

Develop a stakeholder network representing key demographics in Orinda, volunteer organizations and other involved agencies to leverage outreach and provide needed content and materials.

Lead outreach and education efforts including outreach to key stakeholder groups, tabling, signage, events (virtual and in-person), digital and print outreach; and lead effort to push needed communications out through City and other channels.

Collaborate with the Moraga Orinda Fire District (MOFD), Firewise and other key organizations to create a “one-stop shop” for all wildfire-related information, ideally on the City of Orinda website.

Develop outreach materials and identify / leverage best-in-class content and materials that have been created by others. Design, write, edit and produce public information material such as display advertising, brochures, flyers, direct mail materials, newsletters, bulletin boards, information kiosks and videos; develop and design content for website and social media channels.

Coordinate and share relevant outreach materials pertaining to Firewise USA, Cal Fire and City of Orinda programs and incentives.

Collaborate with stakeholders to significantly increase chipper usage.

Report regularly on goals and attainment of objectives.

Prepares public information including newsletters, press releases, and social media utilizing common platforms (i.e, Constant Contact, Hootsuite, Canva) Participate in the preparation and administration of assigned operating and capital budget(s); maintain and monitor appropriate budgeting controls.

Conduct surveys and perform research and statistical analyses on administrative, fiscal, personnel, and operational problems or issues; monitor legislation and analyze proposed legislation.

Participate in special projects or grant research related to Measure R programs including budget analysis, preparation, and feasibility analyses.

Coordinate activities and special events, including preparedness training and exercise events, with other City departments, the public and outside agencies; attend meetings as representative for assigned department.

Assist in contract negotiations; monitor compliance with applicable contractual agreements.

OTHER JOB RELATED DUTIES
Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

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Attachment: DRAFT Education Outreach Cooridinator Job Description (2858 : Proposed addition of a full time classification Education and Principles, best practices and modern techniques of community education, outreach, marketing, and public affairs, including usage of computer and social media programs commonly used.

Broad knowledge regarding community wildfire threats, preparation, emergency planning, response and resilience.

Municipal programs including fire prevention, emergency preparedness, capital project implementation (roads and stormwater), purchasing, finance, budgeting, and other related municipal government programs.

Research and reporting methods, techniques, and procedures.

Modern office procedures, methods, and computer software and hardware including management information systems and office automation.

English usage, spelling, vocabulary, grammar, and punctuation.

Safe driving principles and practices.

Skill to:

Operate and use modern office equipment including computers and applicable software.

Operate a motor vehicle safely.

Ability to:

Learn to interpret the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions.

Effectively represent the City with community groups, external agencies, business and professional organizations
Communicate technical information including complex rules, regulations, legislation, and law in a manner that is appropriate for the intended audience.

Learn and understand the organization and operation of the assigned department and of outside agencies as necessary to assume assigned responsibilities.

Perform administrative work involving the use of independent judgment and personal initiative.

Research, analyze, and evaluate programs, policies, and procedures.

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Attachment: DRAFT Education Outreach Cooridinator Job Description (2858 : Proposed addition of a full time classification Education and Prepare clear and concise correspondence, reports, education and outreach materials on a variety of programmatic and administrative issues.

Proofread and detect errors in typing, spelling, grammar, and punctuation. Prepare and present reports in tabular, graphic, and narrative forms.

Plan and organize work to meet schedules and deadlines.

Communicate clearly and concisely, both orally and in writing.

Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Minimum Qualifications:

Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

Three years of experience of professional experience in public communication, public relations or a related field within a local government environment preferred, together with experience and knowledge in fire prevention, emergency preparedness, or a related area, AND
Training:

Bachelor's degree from an accredited college or university with major course work in journalism, communications, public relations, marketing or a related field, AND License or Certificate:

Possession of, or ability to obtain, a valid California driver's license.

Special Requirements:

Essential duties require the following physical skills and work environment:

Ability to work in a standard office environment; ability to travel to different sites and locations including outdoor field sites as required to complete project duties and tasks.

Incumbents in this class must be able to work evenings and weekends.

Employee Group: Unrepresented
FLSA Status: Exempt
Approved: DRAFT
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Attachment: DRAFT Education Outreach Cooridinator Job Description (2858 : Proposed addition of a full time classification Education and City Council
Staff Report
Agenda Item: F.4
Date: July 19, 2022
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award of a Construction Management Services Contract to Anchor CM for the 2022 Annual Pavement Rehabilitation Project (Project No 4166), Pavement Rehabilitation Project (Project No.4165), and Moraga Way Pedestrian Pathway Project (Project No.4168)
RECOMMENDATION:

Staff recommends that the City Council award the Construction Management Services Contract in the amount of $263,895 to Anchor CM for the 2022 Annual Pavement Rehabilitation Project (Project No. 4166), Pavement Rehabilitation Project (Project No. 4165) and Moraga Way Pedestrian Pathway Project (Project No. 4168); authorize program expenditure up to $303,480 (includes 15% contingency); and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney
BACKGROUND: The City needs to retain the services of an engineering consultant to provide construction management services for the 2022 Annual Pavement Rehabilitation Project (Project No. 4166), Pavement Rehabilitation of Project (Project No.4165) and Moraga Way Pedestrian Pathway Project. A Request for Proposals for construction management services was sent out on April 28, 2022. Proposals were due June 1, 2022 and Staff received 5 proposals.

DISCUSSION: California law requires that selection by a local public agency of private architectural, engineering, environmental, land surveying, or construction project management services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Local agencies shall not review or negotiate a cost proposal until after the final qualification determination has been made. The contract shall be negotiated with a qualified firm, at a price determined to be fair and reasonable to the local agency.

Five firms submitted proposals: Anchor CM, Ghirardelli Associates, Cumming, Alpha CM, and Unico. Staff reviewed and determined that the proposals from Anchor CM and Ghirardelli Associates are the most qualified and have all the elements necessary to assure that the project will be constructed per the plans, specifications and at the estimated bid price for the project.

Staff then proceeded to open the sealed cost proposal for Anchor CM and Ghirardelli Associates, Inc. The proposed fee for Anchor CM was significantly lower than the Ghirardelli Associates and more in line with the budget and scope of work for the project. Anchor CM was selected as the best qualified firm for this project after considering their cost proposal.

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NEXT STEPS: Upon award of the construction management contract by the City Council, the contract will be routed for signatures and the required insurance documents will be reviewed. Subject to review by the city attorney, contract will be executed by the city manager.

FISCAL IMPACT: Staff is recommending that the City enter into a construction management contract in the amount of $263,895 with Anchor CM based on their project understanding, qualifications and past experience on similar projects. This is considered a “time and materials” contract which will be billed for actual work performed on a monthly basis.

Sufficient funds in the amount of $310,132 exist within the construction management budgets for the 2022 Annual Pavement Rehabilitation Project (Project No. 4166), Pavement Rehabilitation Project (Project No. 4165) and Moraga Way Pedestrian Pathway Project (Project No.4168) as identified in the current FY 2021/22 – 2025/26 Capital Improvement Plan.

ATTACHMENTS:

A. ANCHOR CM - Proposal for Construction Management Services Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Sivakumar Natarajan, City Engineer
Approved by:

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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for F.4.a
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Attachment: ANCHOR CM - Proposal for Construction Management Services (2857 : Award Construction Management services contract for City Council
Staff Report
Agenda Item: H.1
Date: July 19, 2022
Department:

Public Works and
Engineering Services
AGENDA TITLE: No On-Street Stopping or Parking During Red Flag Days along portions of evacuation routes within very High Fire Hazard Severity zones in Orinda.

RECOMMENDATION:

Staff recommends the City Council consider approving Resolution 36-22 and Traffic Order No. 216 to restrict stopping and parking during Red Flag Warning Days along portions of evacuation routes within Very High Fire Hazard Severity Zones in Orinda, which consist of Monte Vista Road, Claremont Ave, Manzanita Drive, Vista Del Mar, Camino Don Miguel, Sleepy Hollow Lane, Lombardy Lane, Dalewood Drive, Honey Hill Road, Charles Hill Road, and Sundown Terrace.

BACKGROUND:

Due to the increasing risk of seasonal fires in the Orinda area and the results of the No On-Street Stopping or Parking During Red Flag Days parking program along El Toyonal, the City Council directed staff to expand the Red Flag parking restrictions to keep the roadways clear for potential evacuation and fire vehicle access. These restrictions will improve emergency vehicle access and assist resident evacuation during the red flag critical days (about 20-30 days per year) in the Very High Fire Hazard Severity zones in Orinda.

There has been significant interest expressed by many in the community and the City’s Supplemental Sales Tax Oversight Commission in seeing the red flag program expanded to other areas. City Council discussed the staff updates of the El Toyonal Parking Restrictions at the June 7, 2022 City Council meeting and after listening to comments, directed staff to expand the red flag parking restrictions in Orinda.

DISCUSSION:

After the June 7, 2022 City Council meeting, staff conducted field visits and created a cost estimate for the expansion of the red flag day parking restrictions to the following streets as shown in Attachment B:
 Monte Vista Road from Camino Pablo to Monte Vista Ridge Road  Claremont Ave from Camino Pablo to the second western Holly Lane intersection
 Manzanita Drive from Camino Pablo to Bobolink Road
 The entire length Vista Del Mar
 The eastern portion of Camino Don Miguel from Miner Road to Vista del Mar
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 The western leg of Sleepy Hollow Lane from Lombardy Lane to the Normandy Lane and Washington Lane intersection
 Lombardy Lane from Miner Road to Tarry Lane
 Dalewood Drive from Lombardy Lane to Sundown Terrace
 Honey Hill Road from Miner Road to Charles Hill Road
 Charles Hill Road from Honey Hill Road to El Nido Ranch Road  Sundown Terrace from Happy Valley Toad to Silver Oak Terrace Due to the large number of signs (see table below in Fiscal Impact section) needed for the proposed expansion of this program, it will be necessary to contract out the construction using the normal bid based procurement method. Also, due to the current staff shortage in Public Works/Engineering, an on-call project management and construction management firm will be engaged to compile the specification and bid the project out in accordance with the Public Contract Code. This expansion of the red flag parking program is anticipated to be completed in 6 months. The parking program will then be maintained in the same manner as the El Toyonal/Loma Vista parking program.

When a Red Flag Warning is issued, Staff will follow the procedure described below.

For the program kickoff, Staff will, as a one-time courtesy, notify residents fronting the affected area through mail. In subsequent years, at the beginning of each fire season, Staff will post a notification through NextDoor reminding residents of the stopping and parking restrictions during the upcoming wildfire season. Staff currently does not have the ability to monitor and post updates prior to each event, but will continue to research for ways to keep residents properly up to date on Red Flag Warning events.

Kickoff (First Red Flag Warning following program implementation in 6 Months):
 The appropriate stopping and parking restriction signage along the listed streets will be installed
 Staff will mail a one-time letter to the affected residents in the affected neighborhood alerting of the Stopping and Parking restrictions during red flag warning days.
 Staff will update the City website to include information on the Red Flag Warning parking restrictions.
 A NextDoor alert will be posted at the beginning of each fire season reminding residents of the stopping and parking restrictions.

Red Flag Stopping and Parking Restrictions (ongoing):

Red Flag Warning Day Procedure:
 The Public Works Department will receive notification from the MOFD when a Red Flag Warning is in effect.
 Public Works will flip open the hinged Red Flag Warning alert signs (see Attachment C) notifying residents that the Stopping and Parking restrictions H.1
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are in effect. Residents can also check the status on the MOFD website and the National Weather Service Website.
 After the Red Flag Warning ends, Public Works will conceal the alert signs.

Additional Policies:
 5 minutes of Active loading and unloading of vehicles will be allowed.  Encroachment permits may be issued for any other special cases at the discretion of the Public Works Director on a case by case basis.  Stopping and parking restrictions during Red Flag Warnings will be enforced in both directions within a point measured 5 feet away from the edge of the City paved roadway. At driveways, parallel parking locations, and any other location a vehicle can park along the paved roadway, the 5 feet will be measured:
o Where the City paved roadway abuts the driveway.
o Where the City paved roadway abuts the paved or concrete parking area
o Where the City paved roadway abuts the dirt shoulder wide enough to accommodate vehicle parking
Regulation and Enforcement:
 Parking Enforcement will issue warning citations during the first Red Flag Warning events of the program. This will serve as a reminder to residents of the parking restrictions and reduce contested citations.  After the first Red Flag Warning events, Parking Enforcement will issue citations to vehicles violating the Stopping and Parking Restrictions.  At the beginning of each subsequent fire season, Parking Enforcement will issue warning citations during the first Red Flag Waring event.  Parking Enforcement will typically enforce the parking restrictions during regular business hours depending on staff availability and resources.

The implementation of the Red Flag Stopping and Parking Restriction program in evacuation routes within very High Fire Hazard Severity zones in Orinda requires the adoption of Resolution 36-22 and Traffic Order No. 216 (Attachment A).

NEXT STEPS:

Staff will proceed based on Council’s direction for the Red Flag Parking Restriction with the following tasks:
 Staff will update the City website and alert residents of the affected areas of the coming Red Flag Warning parking restrictions.
 Staff will mark out specific locations for Red Flag signage installation.  Staff will engage an on-call project management and construction management firm to compile the specification and bid the project out H.1
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 Contract will be awarded to the responsive low bidder who will furnish and install “No Stopping or Parking on Red Flag days” signs and the hinged Red Flag Warning alert signs.

FISCAL IMPACT:

The initial cost of the program will be the installation of signage described above. An appropriation of funds from Measure R for the signage will need to occur at the time the contract is brought back to Council for approval. Recurring operational costs for each year will include Public Works time to activate the sign during start of each red flag day event and deactivate the sign at the end of each event, as well as enforcement by Parking Enforcement.

Sign Type Number
Cost Per Sign
Including
Installation Cost
No Stopping 360* $450 $162,000
Red Flag "Flip" Sign 18 $850 $15,000
Design/Construction Admin $25,000
Total $202,000
* Number of signs is for estimate purposes only (signs every 200 feet in each direction) Recurring costs are estimated as follows:
 Public Works crew and staff time valued at $10,000/year, which includes maintenance of the signs.
 Parking Enforcement at approximately $4,000/year, based on patrolling 4 daylight hours each Red Flag Day for an estimated 20 events. Note that such time may divert downtown parking enforcement
ATTACHMENTS:

A. Resolution 36-22 Red Flag Day Parking Restrictions TO #216 B. Proposed Red Flag Parking Restriction Map
C. Red Flag Program Signs
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Kevin McCourt, Assistant Engineer
Approved by:

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Resolution Approving the Restriction of )
Parking During Red Flag Warning Events)
For Various Streets in Northern Orinda )
Resolution No. 36-22
Program Traffic Order No. 216
WHEREAS, the residents of Orinda have shown through their desire and need for parking restrictions during red flag warning events to improve emergency evacuation and emergency vehicle access of the area during the most critical fire danger levels; WHEREAS, California Vehicle Code Section 22507 authorizes a local agency to establish parking regulations on streets and roads under their jurisdiction; WHEREAS, Orinda Municipal Code Section 10.04.020 authorizes the Director of Public Works to make traffic orders to establish parking regulations on street or highways; and
WHEREAS, Orinda Municipal Code Section 10.04.040 requires the adoption of a resolution for a traffic order to become effective.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda as follows:

Stopping and parking shall be prohibited while red flag warnings are in effect within 5 feet from the edge of the City paved roadway along both sides of the following streets:
 Monte Vista Road from Camino Pablo to Monte Vista Ridge Road  Claremont Ave from Camino Pablo to the second western Holly Lane intersection
 Manzanita Drive from Camino Pablo to Bobolink Road
 The entire length Vista Del Mar
 The eastern portion of Camino Don Miguel from Miner Road to Vista del Mar
 The western leg of Sleepy Hollow Lane from Lombardy Lane to the Normandy Lane and Washington Lane intersection
 Lombardy Lane from Miner Road to Tarry Lane
 Dalewood Drive from Lombardy Lane to Sundown Terrace
 Honey Hill Road from Miner Road to Charles Hill Road
 Charles Hill Road from Honey Hill Road to El Nido Ranch Road H.1.a
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Attachment: Resolution 36-22 Red Flag Day Parking Restrictions TO #216 (2855 : Red Flag Parking Restriction Expansion)  Sundown Terrace from Happy Valley Toad to Silver Oak Terrace At driveways, parallel parking locations, or any location a vehicle can park along the paved roadway, the 5 feet shall be measured:
 Where the City paved roadway abuts the driveway
 Where the City paved roadway abuts the parallel paved or concrete parking area
 Where the City paved roadway abuts the dirt shoulder wide enough to accommodate vehicle parking.

Adopted by the City Council of the City of Orinda at a regular meeting on July 19, 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
__________________________
Dennis Fay, Mayor
ATTEST:
_____________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 36-22 Red Flag Day Parking Restrictions TO #216 (2855 : Red Flag Parking Restriction Expansion) H.1.b
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Attachment: Proposed Red Flag Parking Restriction Map (2855 : Red Flag Parking Restriction Expansion) Red Flag Alert Sign
Example
Concealed
Displayed
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Attachment: Red Flag Program Signs (2855 : Red Flag Parking Restriction Expansion) No Parking or Stopping
Sign Example
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Attachment: Red Flag Program Signs (2855 : Red Flag Parking Restriction Expansion) City Council
Staff Report
Agenda Item: H.2
Date: July 19, 2022
Department: Administration
AGENDA TITLE: City Policies Related to Roadside Vegetation Clearance and Opportunities to Support Fire Prevention
RECOMMENDATION:

Receive Report, Discuss, and Provide Direction, if any.

BACKGROUND: The City has actively expanded its role in fire prevention and emergency preparedness, often in support of the efforts of the Moraga Orinda Fire District. Funds from the City’s Measure R 1% Sales Tax override have been utilized in support of these initiatives and efforts, which are numerous. The use of Measure R funds is guided, in part, by the Council appointed Supplemental Sales Tax Oversight Commission (SSTOC). In addition, the City Council and Moraga Orinda Fire District (MOFD) Board have formed a joint committee with two members (Fire/City 2 X 2) from each body to explore opportunities for collaboration and additional partnering.

At the June 21, 2022, City Council meeting, the City Council received a report from the SSTOC Ad Hoc on their recommendations for next steps. In addition, the City’s members of the Fire/City 2 X 2 reported on the two initial meetings of the 2 X 2. At that meeting, the City Council provided direction as to a number of items in regard to the SSTOC Ad Hoc’s recommendations with the City’s 2 X 2 members tasked with raising some additional points/proposals at the next 2 X 2 meeting, and specifically a proposal to have the city fund an additional Inspector for the MOFD to focus on additional enforcement in Orinda.

That proposal was shared in the July 12, 2022, 2 X 2 meeting, and the Fire District suggested that Measure R funding in support of their efforts would best be served if the City were to expand its role in regard to fuel reduction along key evacuation routes. This item has been prepared to allow the City Council to consider that idea.

DISCUSSION:

On October 19, 2021, the Council considered the attached staff report on roadside vegetation, which had been presented based on timely follow-up to the Initial Report and Recommendations of the SSTOC. The minutes from that meeting are attached and a recording of the meeting is available on the City’s website. Per Council direction at the 10/19/2021 meeting, staff pursued a number of avenues (e.g., the 2x2 Committee) to cooperate/coordinate with MOFD on roadside vegetation issues, however, while presented as an option, the City Council at that time did not opt to expand the City’s roadside vegetation authority. In light of the progress to date, passage of time, urgency of the fire prevention need, and continued Council interest in the roadside vegetation H.2
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issue, and the recent 2 X 2 discussion, Staff is bringing this matter back to seek further policy direction from the Council on a number of matters:

1. Although the City has historically focused its “trim notice” efforts on vegetation encroachments into the public ROW that cause issues related to sight distance, pedestrian/bicycle access, and large vehicle access during normal operating conditions, going forward, the City could elect to focus its “trim notice” efforts on vegetation encroachments into the public ROW that could cause issues for evacuation during emergency conditions. As noted in the 10/19/2021 staff report, this would involve changes to the encroachment provisions of the City’s Municipal Code. Also, this approach would be distinct from MOFD’s enforcement of the Fire Code and could involve different standards. Staff is seeking policy direction from the Council regarding whether to work with the City Attorney to prepare a draft ordinance to update Chapter 12.08 (Encroachments) of the City’s Muni Code to clarify existing rules as follows:
a. Add references to the importance of the availability of the public ROW during evacuations to clarify that is a relevant consideration as the City evaluates whether vegetation must be trimmed/removed to avoid an improper encroachment.
b. Make clear that the City is only responsible for maintenance/trimming vegetation it placed in the public ROW and that all other vegetation (whether intentionally placed in the public ROW or not) is the responsibility of the underlying property owner.

Although these changes to the Muni Code would be relatively simple to make, providing the staffing for enforcement/implementation would be challenging/expensive (see discussion under item #4). Additionally, property owners may object to/challenge these changes as an improper expansion of the City’s rights with respect to the public ROW.

2. Although the City has not historically used code enforcement to address roadside vegetation that might interfere with evacuation, it could attempt to do so going forward. As noted in the 10/19/2021 staff report, this would involve changes to the nuisance provision of the City’s Municipal Code. Also, this effort would be distinct from MOFD’s enforcement of the Fire Code and could involve different standards. Staff is seeking policy direction from the Council regarding whether to work with the City Attorney to prepare a draft ordinance to update section

19.01.070 of the City’s Muni Code (Declaration of nuisance) as follows:
a. Subsection F currently refers to “Overgrown vegetation likely to harbor rats, vermin or other nuisances or which obstructs the view of drivers on public streets or private driveways and creates a safety hazard;”. This could be amended to make clear that vegetation that would interfere with use of the public ROW for evacuation is a nuisance.

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b. Subsection G currently refers to “Dead, decayed, diseased or hazardous vegetation which is dangerous to the public safety and welfare;”. This could be amended to make clear that vegetation that would interfere with use of the public ROW for evacuation is a nuisance.

Although these changes to the Muni Code would be relatively simple to make, providing the staffing for enforcement/implementation would be challenging/expensive (see discussed under item #4). Additionally, property owners may object to/challenge these changes as an improper expansion of the City’s regulation of public nuisance.

3. The existing MOFD Fire Code provisions already provide them with the authority to address access for fire purposes which also address evacuation concerns:

A third alternative which may be worthy of exploration, would be for the Moraga Orinda Fire District to delegate it’s enforcement authority to the City under the Fire Code as it relates to these limited purposes. Though, this option may have many implementation issues given procedures afforded under the Fire Code which may not be available to the City and would require additional legal research.

Although the delegation of authority option would make City code changes unnecessary perhaps, like the other options, providing the staffing for enforcement/implementation would be challenging/expensive (see discussed under item #4). This more direct approach under the Fire Code may better survive any property owner objections /challenges as an improper expansion of the City’s regulation of the public right of way or as a public nuisance.

4. The City does not currently have the staffing capacity to take a more robust role in an expanded roadside vegetation reduction program under any of the alternatives presented. Additional staffing would have to be added, with the initial assessment that this would require an additional Public Works Inspector to give life to such a City operated program. The estimated annual cost on a fully loaded basis for an additional position is $140,000. In addition, as the City’s fire prevention efforts grow, a supervisor level position may be required to direct the efforts of this type of H.2
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initiative and others now being implemented or considered. Depending upon the approach used, there would also be additional costs to address those cases where compliance were not forthcoming including legal costs.

Measure R funds would be used to fund these efforts, and would impact the availability of funds for other fire prevention, emergency preparedness, roads, and storm drains.

NEXT STEPS: The City Council could provide some direction as to which options, if any, is desired in regard to an expanded role in fuel reduction along evacuation routes and roads, and depending upon what direction is given, the relevant implementing actions would have to be brought back for consideration and approval.

FISCAL IMPACT: None as result of this item, but should the Council wish to consider code amendment(s), there would be City Attorney costs associated with developing those. In addition, as noted in item 4 above, there would be costs associated with implementing any fuel reduction efforts utilizing City Staff.

ATTACHMENTS:

A. Roadside Vegetation Tuesday, October 19, 2021
Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

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City Council
Staff Report
Agenda Item: H.2
Date: October 19, 2021
Department: Administration
AGENDA TITLE: Review of City Policies Related to Roadside Vegetation Clearance And Opportunities To Support Fire Prevention Needs
RECOMMENDATION:

Consider options presented and give direction to staff.

BACKGROUND:

On September 20, 2021, the City Council received and accepted the Initial Report and Recommendations of the Supplemental Sales Tax Oversight Commission in regard to fire prevention and emergency preparedness. The following recommendation was identified as a key item that would be brought back to the City Council for further review and study:

A. NEAR-TERM OR “IMMEDIATE” RECOMMENDATIONS (FY 21-22)
#2. Provide roadside fuel reduction and vegetation management, particularly along evacuation routes.

The staff report which accompanied the Commission’s Report also noted:
“A number of the near term recommendations do raise policy considerations which would need to be considered by the City Council as separate policy matters, before the final scope and means to perhaps accomplish the stated goal can be determined. Should the City Council concur, staff would bring back for City Council review and discussion as standalone items, the following recommendations, in the order listed below:

1. Roadside Vegetation Fuel Reduction – With some exceptions, this is currently a responsibility of the adjacent property owner under City code. A review and evaluation of other options can be brought back to the City Council in October.

DISCUSSION:

This item is being presented to provide additional background on the issue of roadside vegetation including:
 The City’s current practices; and
 Identification of options to achieve the stated goal of reducing fire fuels along the City’s streets and road network.

Current City Policy and Practice
The City’s current approach to roadside vegetation is set forth under the Municipal Code, policy, and past practices can best be summarized as:

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Attachment: Roadside Vegetation Tuesday, October 19, 2021 (2859 : City Policies Related to Roadside Vegetation Clearance and Opportunities A. Any roadside vegetation issues within the public road right-of-way are the responsibility of the adjacent property owner unless there is no adjacent property owner.

B. In all instances, vegetation management along private roads is the responsibility of the property owner, unless there is a Homeowners Association (HOA) or other association which has assumed responsibility.

It is important to note that while typically the City’s easement for road purposes is 5 feet from edge of pavement, or back of sidewalk (if a sidewalk exists), the actual right-of-way can vary considerably and often cannot be firmly determined unless a survey is undertaken.

In addition, the City’s Municipal Code (Section 12.08.020) regulates encroachments of the public right-of-way that are exempt from permit requirements, and it explicitly includes planting (including an irrigation system associated with the planting.) The exemption imposes the following limitations on the planting:

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

2. No tree, hedge, shrub or other planting, including an irrigation system appurtenant to the planting, or other permitted encroachment may be maintained across an existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep a walkway free for pedestrian and other lawful public travel without interference by or with vehicular travel;

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

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

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

Therefore, the City has typically approached its ability to address vegetation along streets and roads as limited to those issues associated with sight distance, bus or delivery vehicles, access, etc. The Municipal Code does not allow the City in its current form to control planting in the right-of-way beyond the conditions described above.

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Attachment: Roadside Vegetation Tuesday, October 19, 2021 (2859 : City Policies Related to Roadside Vegetation Clearance and Opportunities The City’s easement rights to use the area beyond the pavement for roadway purposes must be balanced with the property owners underlying fee ownership and associated rights. The City’s jurisdiction does not extend to enforcement of matters that would be set forth in the Fire Code. Enforcement of the Fire Code is conducted under the jurisdiction of the Moraga Orinda Fire District.

To some extent, the City’s jurisdiction related to roadway purposes (like the requirement to trim overhanging trees to provide 15 feet of clearance) happens to address both the roadway concerns and fire concerns. However, there is no overlap or authority for the City to restrict uses beyond the limits discussed in section 12.08.020 of the Municipal Code. Further, the City does not have the ability to enforce elements of the Fire Code, which is solely within the jurisdiction of MOFD. This separation is different than what occurs where there is one City Agency that provides all public services including a city Fire Department.

Potential City Municipal Code Section Requiring Clarification There is a section in the City’s current code addressing encroachments of the right-ofway that may need to be clarified. The goal would be to reinforce that vegetation removal can be required of the private property owner, to ensure street safety and perhaps also address those areas where the concerns overlap the Fire Code. The lack of clarity arises from the following section from Title 12 of the Municipal Code- Streets, Sidewalks, and Public Places:

12.08.320 – Tree and plant maintenance.

A. Landscape Maintenance. Each tree and plant placed in the right-of-way, except those placed by the city, shall be maintained by the abutting property owner in a neat, healthy and safe condition to the satisfaction of the Permit Officer and at no expense to the city. If the tree or plant is not located or maintained as specified in this chapter, the Permit Officer may direct the owner to remove it and restore the right-of-way at the expense of the owner. If the owner fails to remove the encroachment promptly as directed, the Permit Officer may remove it and collect the cost of removal from the owner, together with the city’s costs and expenses in enforcing collection. If not paid, the expense of removal and restoration shall be a lien against the abutting property.

B. Stump Removal. When a tree or plant is removed from the right-of-way, the entire stump shall be taken out for a distance of at least two feet below the ground surface, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.

The highlighted language above specifies that landscape of concern has to have been “placed” there by anyone other than the City is the responsibility of the property owner (even if “placed” by a prior property owner or original developer), and that any tree or plant “placed” by the City is to be maintained by the City. This presents a conundrum in H.2
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Attachment: Roadside Vegetation Tuesday, October 19, 2021 (2859 : City Policies Related to Roadside Vegetation Clearance and Opportunities that some trees and landscaping are not placed, but may be there naturally or may have been established as a “volunteer.” For the current Code to be more effective, it may be worthwhile to explore a code amendment to clarify that it is only a tree or plant placed by the City that is the responsibility of the City, and that any other vegetation, placed or not, is the responsibility of the property owner.

Current Trim Notice Process
If the “placed” vegetation in the right-of-way requires removal or trimming, the City can issue a trim notice to the property owner. A copy of the current trim notice utilized is included with this report (see Attachment A). The City’s current practice is to issue trim notices mostly on a complaint only basis. The City does not currently send annual trim notices to every property owner of property along City maintained streets, instead, the City sends trim notices on an as needed basis to only the owners of properties where specific vegetation problems are noted. Failure to address what is requested through the trim notice can result in fines or a process by which the City can undertake the work and recover its cost by a lien on the property.

It is important to note that while the trim notice itself may imply that the City has adopted a universal regulatory mandate requiring property owners to remove all ROW vegetation from the 3’x15’ area shown on the notice, this is not the case. The trim notices when issued do specify the work to be done to meet the roadway use purposes of the easement, and that is done through a case-by-case analysis of encroachments / vegetation. It is not a mandate to remove all ROW vegetation from the 3’x15’ area shown on the notice. The 3x15 area is an illustration as to what the area is in which the City could mandate that something be addressed, if it impacts the use of the roadway.

The City’s Municipal Code also has nuisance provisions set forth in numerous sections that could also be used to address concerns about vegetation not “placed” based as required on Municipal Code section 12.08.320 described earlier in this report. Using the example shown below, the City could determine that a nuisance or hazard exists due to some aspect of vegetation, and could utilize the nuisance abatement or code compliance provisions in place.

19.01.070 - Declaration of nuisance
F. Overgrown vegetation likely to harbor rats, vermin or other nuisances or which obstructs the view of drivers on public streets or private driveways and creates a safety hazard;
G. Dead, decayed, diseased or hazardous vegetation which is dangerous to the public safety and welfare;”
Fire Code Provisions
There are specific sections in the Fire Code for vegetation removal as it relates to fire prevention. Use of the City general nuisance abatement process is not likely to be effective in comparison to the Fire District using the same type of nuisance abatement process, as authorized under the Fire Code. The City does not have the legal authority H.2
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Attachment: Roadside Vegetation Tuesday, October 19, 2021 (2859 : City Policies Related to Roadside Vegetation Clearance and Opportunities to address Fire Code matters and the Fire District has indicated that it is their exclusive domain.

It should be noted that often, the vegetation within the right-of-way is an integrated part of a property owner’s landscaped yard and may also serve as buffer to the adjacent road or street (placed or natural, and irrigated or not). As such, the idea of a public agency undertaking work in these areas even though they are within the right-of-way and the City may do so is likely fraught with difficulty and will undoubtedly be challenged by some property owners, especially if they are dissatisfied with the outcome or impacts, and requests for some type of mitigation. One only has to look to the work the City did along Brookwood where the roadside vegetation clearance work was done across the street from residential parcels on City-owned property to see the types of concerns which may have to navigated if a broader roadside vegetation program were expanded across the City.

Options to Encourage, Require, or Undertake Roadside Vegetation Clearance Staff has identified a number of possible measures which would encourage or otherwise result in better management of roadside vegetation and a more fire safe community.

1. Update and More Aggressively Pursue the Private Property Owner Existing Obligations to Address Roadside Vegetation.

Under this option, the City could initiate a program to issue an annual trim notice to all property owners along public streets and roads reminding them of their sight clearance and other road safety obligations, do annual inspections, and be prepared to follow-up. To the extent that any of these obligations also overlapped and addressed fuel mitigation and fire prevention goals, it may pay dividends.

City staff could work with MOFD to coordinate the timing and content of the two agencies’ trim notices to property owners. For example, the City’s trim notice could make it clear to property owners that compliance with the City’s trim notice may be insufficient to ensure compliance with the Fire District’s requirements under the Fire Code. This option would also be paired with some fine-tuning of the Municipal Code to clarify that it applies to any landscaping to vegetation, placed or not, if desired by the City Council.

2. Encourage the Fire District to Undertake and More Aggressively Pursue their Existing Remedies for Violation of the Fire Code to Address Roadside Vegetation.

The Fire District could implement a program similar to what is described above to address the Fire Code provisions for roadside vegetation clearance and fuel reduction, which extend further back from the roadway and include items like the elimination of fuel ladders, etc.

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Attachment: Roadside Vegetation Tuesday, October 19, 2021 (2859 : City Policies Related to Roadside Vegetation Clearance and Opportunities

3. Undertake a Pilot Project to have the City undertake Roadside Vegetation Removal and Clearance within the Public Right-of-Way per the Fire Code along Key Evacuation Routes.

As fire prevention and risk reduction are an important issue to the community, while the on-going responsibility would remain with the adjacent property owner, a pilot project to have the City undertake the fire related fuel reduction and mitigation within the public-right-of way could be considered. As identified in the SSTOC report, this could be done along primary evacuation routes. It would address and remove years of growth, and would serve as demonstration project to encourage all property owners to undertake similar work.

If this option were preferred, staff would recommend that we bring back more specific parameters for such an effort. These could include possible recommending some additional guidelines or parameters to address the question of right-of-way, the types of work to be done taking into consideration the type of landscaping or vegetation which exists, and an initial list of streets and roads on which the City would undertake the work. This will undoubtedly be a very labor intensive project given the nature of the City’s rights and the need to work with each individual property owner.

4. Modify the City’s Code Requirements to Have the City Assume the Responsibility for all Public Right-of-Way Roadside Vegetation Clearance Either from a Traffic Safety and/or Fire Risk Reduction Perspective.

Rather than a pilot program, the City could elect to assume the obligations for road safety and fire prevention work within the right-of-way for public streets. This would require additional work to address the issues as identified above under the possible pilot project and some additional assessment of what could be done within the City’s easement rights. In addition, this could represent a significant financial burden which would be on-gong and likely to exceed the City’s available resources for on-going street maintenance which come from a variety of sources, and could also result in Measure R funds being less available for future storm drain and road repair and maintenance projects.

NEXT STEPS:

Barring the Fire District expressing willingness to undertake Option 2 above, City staff would recommend that we first pursue Option 1, with Option 3 being a more complicated and costly second alternative. Should the City Council concur, staff will return with a more fleshed out program for both Options 1 and 3, including a list of City streets to be included in the pilot and an estimate of cost to accomplish the work on that initial list of streets.

FISCAL IMPACT:

The preparation of the report and discussion of options has been completed within the current operating budget. As discussed some alternatives would require significant City resources and Staff would be returning at a future meeting with additional analysis on the cost impacts.

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Attachment: Roadside Vegetation Tuesday, October 19, 2021 (2859 : City Policies Related to Roadside Vegetation Clearance and Opportunities ATTACHMENTS:

A. Trim Notice
Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

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Attachment: Roadside Vegetation Tuesday, October 19, 2021 (2859 : City Policies Related to Roadside Vegetation Clearance and Opportunities H.2.a
Packet Pg. 230 Attachment: Trim Notice (2577 : Roadside Vegetation Policy Fire Prevention)Packet Pg. 86 Attachment: Roadside Vegetation Tuesday, October 19, 2021 (2859 : City Policies Related to Roadside Vegetation Clearance and Opportunities City Council
Staff Report
Agenda Item: H.3
Date: July 19, 2022
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award of a Construction Contract to Bay Cities Paving & Grading, Inc. for the 2022 Annual Pavement Rehabilitation Project (Project No.4166 & CIP 4165) and Moraga Way Pedestrian Pathway Project (Project No. 4168) RECOMMENDATION:

Staff recommends that the City Council approve the design for the Annual Paving Project (CIP No.4166 and CIP No.4165), and Moraga Pedestrian Pathway Project (CIP No.4168); award the Construction Contract to Bay Cities Paving & Grading, Inc. of Concord, California for the total bid amount of $4,881,704.44; authorize program expenditure up to $5,613,960 to include a 15% contingency; and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney
BACKGROUND: On March11, 2020 the Citizen’s Infrastructure Oversight Commission (CIOCC) approved the list of projects for 2022 Annual Pavement Rehabilitation Project and on January 12, 2021 the City Council approved the list of streets for 2022 and awarded the engineering design services contract for the 2022 Annual Paving Projects to Wilsey Ham.

Annual Pavement Rehabilitation Program (CIP #4166) The annual scope of work for this program consists of performing preventive maintenance, using appropriate types of base failure repairs, microsurfacing and reconstructing selected roads. The streets repaired under this annual program are limited to the higher volume streets, i.e. arterials, collectors and school routes. The project is funded through a combination of Gas Tax; Contra Costa Sales Tax (CCTA) Return to Source (RTS); and Road Maintenance Funds collected from the Garbage Company.

El Toyonal, Oak Flat Road and La Espiral (CIP No. 4165) El Toyonal, Oak Flat Road and La Espiral were part of the 2019 Annual Paving Project. These three streets were delayed due to utility company pipeline replacement work (EBMUD water main on El Toyonal and La Espiral and CCCSD sewer main on Oak Flat Road). The pavement design work was completed as part of the 2019 Paving project, but the three streets were removed and put under a separate CIP project (#4165), to be constructed at a later date following completion of the utility work. The utility companies completed the work last year and construction of these streets are now included in the 2022 Annual Paving Project.

Moraga Way Pedestrian Pathway Project (CIP # 4168) The scope of work for this project is to widen the shoulder on the west side of Moraga Way from El Camino H.3
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Moraga and Altamont Drive to a minimum of 5 feet and install AC dike along the edge of travel lane to provide a separated pedestrian pathway.

The project was advertised with Bid Alternatives in order to allow for some flexibility in the awarding only portions of the contract if the bids were unreasonably high. Staff recommend that the City Council consider awarding the total contract (Base Bid + Alternatives) as cost of construction has increased significantly due to increased prices of asphalt and other materials, and the low bid price is very favorable compared to the other bids received. Current conditions also indicate that the prices are rising fast with no signs of slowing. The City should take advantage of the low bid received on this project and complete the paving of major streets like El Toyonal, La Espiral, and Bear Creek Road. The budget for future paving projects will be significantly less because majority of the streets should only require preventive maintenance rather than major rehabilitation.

Additional work to be completed as part of this project will include the trimming of tree branches in the public right-of way as necessary to provide fifteen (15) foot vertical clearance from the edge of the roadway, required by the Moraga Orinda Fire District (MOFD) Ordinance #13-01, and adopted by the City of Orinda. The clearance is required for safety of fire equipment, fire fighters and to the public as explained by the Fire Marshal in October 2015 letter to the City Council. The Arborist may determine that by trimming branches, the tree may become unstable and recommend tree removal instead.

DISCUSSION: On June 28, 2022, the City received four (4) bids for the work required.

The Engineer’s Estimate for the total project was $4,920,000. A comprehensive bid summary including all bidders and their unit pricing is found in Attachment A. The total bid for each of the bidders is as follows:

Bidders Total Bid Project Cost
Bay Cities Paving & Grading, Inc. $4,881,704.44
Desilva Gates Construction LP $6,018,529.00
McGuire and Hester $6,165,530.50
Ghilotti Bros.,Inc. $6,636,475.50
Bay Cities Paving & Grading, Inc.

Bid Category: Amount: Description:

Base Bid $3,466,496.10Base Bid - All Items except those listed below Bid Alternate 1 272,648.30Ivy Drive and Valley View - Striping and Microsurfacing (Base Failure Repair & Crack Sealing are in Base Bid)
Bid Alternate 2 957,390.17Bear Creek - All Improvements and Striping Bid Alternate 3 185,169.87Ivy Drive and Valley View - Storm Drain Improvements and minor concrete work
Total (Base Bid +
All Alternates) $4,881,704.44
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The apparent low bidder, Bay Cities Paving & Grading, Inc. of Concord, California, submitted a Total bid (Base Bid + Alternatives) of $4,881,704.44. Staff has reviewed the bid documents and found Bay Cities’ to be responsive and responsible and therefore is recommending that the contract be awarded to Bay Cities Paving and Grading. In addition Staff is recommending that a contingency of 15% be authorized to accommodate changes in quantities provided based on the unit values contained in the bid submitted by Bay Cities Paving and Grading, subject to approval by Change Order.

The following table identifies the amounts currently budgeted in the current CIP (2021/22 – 2025/26) for construction cost, compared to the low bid including the contingency.

CIP Project Bid or
Contingency CIP
Additional
Appropriation
Needed
#4166 $1,181,455
# 4165 870,000
# 4168 155,000
subtotal $4,881,704.44 $2,206,455
Contingency (15%) 732,256.00 -------
Total $5,613,960.00 $2,206,455 $3,407,500
NEXT STEPS: Upon approval of the award of construction contract, two (2) copies of the contract will be delivered to the contractor for the signature and evidence of insurance preparation. Once the signatures and evidence of insurance has been reviewed and approved by the City, The construction contract will be executed. Project construction is estimated to begin in early August 2022 FISCAL IMPACT:

In order to construct the full scope of the project, it is necessary to appropriate an additional $3,407,500 and Staff recommends use of Measure R (Fund #106), which has sufficient fund balance available (see Attachment C: Sources and Uses of Funds Projection for Measure R Fund #106) as there are no other funding sources available.

Earlier this calendar year, $3,000,000 in already Measure R programmed storm drain projects were reallocated to the Federal American Rescue Plan Act funding which the City received. With Measure R being slated for future road projects, and given the opportunity to complete the remaining major street work, other than timing, this recommended action redirects funds previously allocated to infrastructure back to infrastructure. Staff shared this recommendation as part of the a general CIP update at the SSTOC meeting on July 13, 2022, but as it was not specifically agendized, the STTOC was not asked for a recommendation, though some concerns were expressed H.3
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about the staff recommended allocation of funds impacting possible fire prevention related program funding.

ATTACHMENTS:

A. Bid Abstract - 2022 Orinda Pavement Rehab
B. Weblink to: 2022 Pavement Rehabilitation Project Plans C. Sources and Uses of Funds Projection for Measure R Fund #106 Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Sivakumar Natarajan, City Engineer
Approved by:

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Item No. Spec Section Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

GENERAL
1 08 Progress Schedule (Critical Path Method) LS 1 $2,500 $2,500 $15,000 $15,000 $500 $500 $50,000 $50,000 $15,000 $15,000 2 99 Mobilization (5%) LS 1 $146,010 $146,010 $173,000 $173,000 $210,000 $210,000 $230,000 $230,000 $330,000 $330,000 3 11 Contractor Quality Control Plan EA 1 $20,000 $20,000 $56,000 $56,000 $98,995 $98,995 $54,000 $54,000 $15,000 $15,000 4 12 Traffic Control System (5%) LS 1 $146,010 $146,010 $173,000 $173,000 $210,000 $210,000 $230,000 $230,000 $330,000 $330,000 5 13 Storm Water Pollution Prevention Plan LS 1 $32,500 $32,500 $23,000 $23,000 $1,500 $1,500 $50,000 $50,000 $5,000 $5,000 Subtotal: $347,020 Subtotal: $440,000 Subtotal: $520,995 Subtotal: $614,000 Subtotal: $695,000

ROADWAY IMPROVEMENTS
6 39 Cold Plane Asphalt Concrete Pavement SQYD 21,700 $10 $217,000 $8 $173,600 $8 $173,600 $8 $173,600 $11 $238,700 7 39 Remove Asphalt Concrete Pavement CY 3,110 $120 $373,200 $80 $248,800 $160 $497,600 $114 $354,540 $177 $550,470 8 39 Base Failure Repair SF 23,900 $12 $286,800 $11 $262,900 $12 $286,800 $13 $310,700 $10 $239,000 9 39 Geosynthetic Pavement Interlayer (Paving Fabric) SQYD 5,250 $3 $15,750 $4.13 $21,682.50 $5 $26,250 $8 $42,000 $6 $31,500 10 39 Asphalt Binder (Geosynthetic Pavement Interlayer) TON 1 $1,000 $1,000 $1 $1 $1 $1 $2,800 $2,800 $750 $750 11 39 Hot Mix Asphalt (Type A) TON 9,220 $140 $1,290,800 $160 $1,475,200 $210 $1,936,200 $233 $2,148,260 $257 $2,369,540 12 37 Microsurfacing (Aggregate Type II and Emulsion) SQYD 38,500 $4.00 $154,000 $5.62 $216,370.00 $5 $192,500 $5.50 $211,750.00 $7 $250,250 13 37 Crack Treatment LS 1 $50,000 $50,000 $46,200 $46,200 $42,000 $42,000 $44,500 $44,500 $42,000 $42,000 14 78 Install BMP-6 Bumpers LF 680 $100 $68,000 $22.88 $15,558.40 $40 $27,200 $70 $47,600 $33 $22,440 15 73 Minor Concrete (Rolled Curb) LF 0 $100 $0 -- -- -- -- -- -- -- -- 15A 74 Minor Concrete (Curb & Gutter) LF 86 $100 $8,600 $206.80 $17,784.80 $210 $18,060 $168 $14,448 $195 $16,770 16 73 Retrofit Ex / Install New Curb Ramp EA 0 $7,000 $0 -- -- -- -- -- -- -- -- 17 19 Place Shoulder Backing CY 13 $100 $1,300 $330 $4,290 $550 $7,150 $1,200 $15,600 $671 $8,723 18 39 Place Hot Mix Asphalt Dike (Type A) LF 990 $25 $24,750 $14.75 $14,602.50 $10 $9,900 $15 $14,850 $24 $23,760 19 73 Install Detectable Warning System SF 34 $50 $1,700 $101 $3,434 $95 $3,230 $103 $3,502 $24 $816 20 40 Demolish Concrete SF 284 $40 $11,360 $11 $3,124 $15 $4,260 $45 $12,780 $13 $3,692 Subtotal: $2,504,260 Subtotal: $2,503,547 Subtotal: $3,224,751 Subtotal: $3,396,930.00 Subtotal: $3,798,411

STORM DRAIN IMPROVEMENTS
21 7, 19, 64, 71 12" HDPE Storm Drain Replacement 0-5' Cover LF 23 $435 $10,005 $550 $12,650 $650 $14,950 $3,000 $69,000 $1,100 $25,300 22 7, 19, 64, 71 15" HDPE Storm Drain Replacement 0-5' Cover LF 0 $450 $0 -- -- -- -- -- -- -- -- 23 7, 19, 64, 71 18" HDPE Storm Drain Replacement 0'-5' Cover LF 58 $500 $29,000 $605 $35,090 $700 $40,600 $645 $37,410 $850 $49,300 24 7, 19, 64, 71 18" HDPE Storm Drain Replacement 5'-10' Cover LF 42 $600 $25,200 $1,045 $43,890 $750 $31,500 $1,400 $58,800 $1,400 $58,800 25 7, 19, 64, 71 24" HDPE Storm Drain Replacement 0'-5' Cover LF 30 $575 $17,250 $770 $23,100 $950 $28,500 $1,325 $39,750 $1,000 $30,000 26 7, 19, 64, 71 30" HDPE Storm Drain Replacement 5'-10' Cover LF 10 $700 $7,000 $1,540 $15,400 $1,000 $10,000 $2,100 $21,000 $3,300 $33,000 27 7, 19, 64, 72 48" HDPE Storm Drain Replacement 0'-5' Cover LF 22 $650 $14,300 $1,210 $26,620 $1,300 $28,600 $2,025 $44,550 $1,900 $41,800 Subtotal: $102,755 Subtotal: $156,750 Subtotal: $154,150 Subtotal: $270,510 Subtotal: $238,200

SIGNAGE & STRIPING
28 84 Thermoplastic Traffic Stripe - Detail 22 LF 14,000 $4 $56,000 $4.85 $67,900.00 $4.50 $63,000.00 $5 $70,000 $4.40 $61,600 29 84 Thermoplastic Traffic Stripe - Detail 27B LF 8,530 $2 $17,060 $2.20 $18,766.00 $2 $17,060 $2.30 $19,619.00 $2 $17,060 30 84 Thermoplastic Traffic Stripe - Detail 29 LF 440 $7 $3,080 $9.90 $4,356.00 $10 $4,400 $11 $4,840 $9 $3,960 31 84 Thermoplastic Traffic Stripe - Detail 38A LF 110 $3 $330 $3.30 $363.00 $3 $330 $3.40 $374.00 $3 $330 32 84 Thermoplastic Traffic Stripe - Detail 38B LF 190 $3 $570 $3.85 $731.50 $4 $760 $4 $760 $3.50 $665 33 84 Thermoplastic Traffic Stripe - Detail 39 LF 10,800 $2 $21,600 $2.20 $23,760.00 $2 $21,600 $2.25 $24,300.00 $2 $21,600 34 84 Thermoplastic Traffic Stripe - Detail 39A LF 1,840 $2 $3,680 $2.20 $4,048.00 $2 $3,680 $2.25 $4,140.00 $2 $3,680 35 84 Thermoplastic Crosswalk and Pavement Markings SF 2,840 $14 $39,760 $13.75 $39,050.00 $13 $36,920 $14 $39,760 $12.50 $35,500 36 84 4" Thermoplastic Traffic Stripe LF 48 $2 $96 $4.40 $211.20 $4 $192 $4.50 $216.00 $4 $192 37 84 8" Thermoplastic Traffic Stripe LF 64 $4 $256 $8.80 $563.20 $8 $512 $9 $576 $8 $512 38 84 12" Thermoplastic Traffic Stripe LF 140 $14 $1,960 $11 $1,540 $10 $1,400 $11.25 $1,575.00 $10 $1,400 39 81 Pavement Marker (Blue Retroreflective) EA 12 $50 $600 $27.50 $330.00 $25 $300 $29 $348 $25 $300 40 Remove & Reinstall Speed Cushions EA 2 $250 $500 $2,750.00 $5,500.00 $3,000 $6,000 $3,500 $7,000 $1,700 $3,400 Subtotal: $145,492 Subtotal: $167,118.90 Subtotal: $156,154 Subtotal: $173,508.00 Subtotal: $150,199

BASE BID
Bidder
BID ABSTRACT Business Address
Mailing Address
Phone No.

Email
Engineer's Estimate
Bay Cities Paving & Grading, Inc. DeSilva Gates Construction, LLC Ghilotti Bros., Inc. 1450 Civic Ct, Bldg B #400, 11555 Dublin Blvd, 525 Jacoby Street CITY OF ORINDA - 2020 ANNUAL PAVEMENT REHABILITATION PROJECT Concord, CA 94520 Dublin, CA 94568 San Rafael, CA 94901 1450 Civic Ct, Bldg B #400, 11555 Dublin Blvd, 526 Jacoby Street Prepared: July 1, 2022 Concord, CA 94520 Dublin, CA 94568 San Rafael, CA 94902 (925)687-6666 (925)829-9220 (415) 454-7011
Bids Submitted June 28, 2022 Fax No. (925)687-2122 (925)803-4263 (415) 454-8376 [email protected] [email protected] [email protected] Contact Benjamen L. Rodriguez, Jr. Michael Gates Lance A. Bushnell (510)632-7676
(510)562-5209
[email protected]
Randy C. Somerday
McGuire and Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
2810 Harbor Bay Parkway
Alameda, CA 94502
H.3.a
Packet Pg. 91
Attachment: Bid Abstract - 2022 Orinda Pavement Rehab (2856 : Award 2022 Paving Project Construction Contract)

UTILITY ADJUSTMENTS
41 78 Adjust Monument Cover to Grade* EA 39 $700 $27,300 $700 $27,300 $700 $27,300 $700 $27,300 $700 $27,300 42 78 Survey Monument (Type D) EA 10 $2,100 $21,000 $3,300 $33,000 $4,000 $40,000 $1,800 $18,000 $1,700 $17,000 43 78 Remove and Replace Monument EA 15 $2,200 $33,000 $3,492 $52,380 $2,700 $40,500 $2,100 $31,500 $1,850 $27,750 44 71 Adjust Manhole to Grade* EA 46 $1,100 $50,600 $1,100 $50,600 $1,100 $50,600 $1,100 $50,600 $1,100 $50,600 45 71 Adjust Access Box to Grade* EA 2 $1,100 $2,200 $1,100 $2,200 $1,100 $2,200 $1,100 $2,200 $1,100 $2,200 46 71 Adjust Utility (Valve) Cover to Grade* EA 48 $700 $33,600 $700 $33,600 $700 $33,600 $700 $33,600 $700 $33,600 47 87 Protect Inductive Loop Detector EA 0 $350 $0 -- -- -- -- -- -- -- -- Subtotal: $167,700 Subtotal: $199,080 Subtotal: $194,200 Subtotal: $163,200 Subtotal: $158,450 *Final Pay Price Items Total: $3,267,227 $3,466,496.10 $4,250,250.00 $4,618,148.00 $5,040,260.00 10% Design Contingency $326,730
Base Bid Total Cost $3,600,000
Item No. Spec Section Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

ROADWAY IMPROVEMENTS
12 37 Microsurfacing (Aggregate Type II and Emulsion) SQYD 32,950 $4.00 $131,800 $5.45 $179,577.50 $6 $197,700 $5.50 $181,225.00 $5.15 $169,692.50 Subtotal: $131,800 Subtotal: $179,578 Subtotal: $197,700 Subtotal: $181,225.00 Subtotal: $169,692.50

SIGNAGE & STRIPING
28 84 Thermoplastic Traffic Stripe - Detail 22 LF 8,170 $4 $32,680 $4.85 $39,624.50 $5.50 $44,935.00 $5 $40,850 $4.40 $35,948 29 84 Thermoplastic Traffic Stripe - Detail 27B LF 11,500 $2 $23,000 $2.20 $25,300.00 $2.50 $28,750.00 $2.25 $25,875.00 $2 $23,000 35 84 Thermoplastic Crosswalk and Pavement Markings SF 1,720 $14 $24,080 $13.75 $23,650.00 $15 $25,800 $14 $24,080 $12.50 $21,500 38 84 12" Thermoplastic Traffic Stripe LF 140 $14 $1,960 $11 $1,540 $12 $1,680 $11 $1,540 $10 $1,400 39 81 Pavement Marker (Blue Retroreflective) EA 13 $50 $650 $27.50 $357.50 $30 $390 $28 $364 $25 $325 40 Remove & Reinstall Speed Cushions EA 2 $250 $500 $1,299.40 $2,598.80 $3,000 $6,000 $3,435 $6,870 $1,700 $3,400 Subtotal: $82,870 Subtotal: $93,071 Subtotal: $107,555 Subtotal: $99,579.00 Subtotal: $85,573 Total: $214,670 $272,648.30 $305,255.00 $280,804.00 $255,265.50 10% Design Contingency $21,470
Bid Alternate 1 Total Cost $240,000
Item No. Spec Section Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

ROADWAY IMPROVEMENTS
6 39 Cold Plane Asphalt Concrete Pavement SQYD 4,952 $10 $49,520 $13.44 $66,554.88 $15 $74,280 $10 $49,520 $9 $44,568 7 39 Remove Asphalt Concrete Pavement CY 1,470 $120 $176,400 $98.30 $144,501.00 $160 $235,200 $114 $167,580 $140 $205,800 9 39 Geosynthetic Pavement Interlayer (Paving Fabric) SQYD 4,952 $3 $14,856 $4.69 $23,224.88 $5 $24,760 $3 $14,856 $4.50 $22,284 11 39 Hot Mix Asphalt (Type A) TON 3,684 $140 $515,760 $164.55 $606,202.20 $190 $699,960 $198 $729,432 $200 $736,800 16 73 Retrofit Ex / Install New Curb Ramp EA 2 $7,000 $14,000 $13,200 $26,400 $15,000 $30,000 $4,300 $8,600 $15,000 $30,000 Subtotal: $770,536 Subtotal: $866,882.96 Subtotal: $1,064,200 Subtotal: $969,988 Subtotal: $1,039,452

STORM DRAIN IMPROVEMENTS
23 7, 19, 64, 71 18" HDPE Storm Drain Replacement 0'-5' Cover LF 26 $500 $13,000 $656.16 $17,060.16 $800 $20,800 $845 $21,970 $700 $18,200 27 7, 19, 64, 72 48" HDPE Storm Drain Replacement 0'-5' Cover LF 25 $650 $16,250 $1,050.97 $26,274.25 $1,550 $38,750 $1,600 $40,000 $1,500 $37,500 Subtotal: $29,250 Subtotal: $43,334.41 Subtotal: $59,550 Subtotal: $61,970 Subtotal: $55,700

SIGNAGE & STRIPING
28 84 Thermoplastic Traffic Stripe - Detail 22 LF 3,190 $4 $12,760 $4.84 $15,439.60 $5.50 $17,545.00 $5 $15,950 $4.40 $14,036 29 84 Thermoplastic Traffic Stripe - Detail 27B LF 6,370 $2 $12,740 $2.20 $14,014.00 $2.50 $15,925.00 $2.25 $14,332.50 $2 $12,740 31 84 Thermoplastic Traffic Stripe - Detail 38A LF 44 $3 $132 $3.30 $145.20 $4 $154 $3.50 $154 $3 $132 35 84 Thermoplastic Crosswalk and Pavement Markings SF 860 $14 $12,040 $13.75 $11,825.00 $15 $12,900 $14 $12,040 $12.50 $10,750 Subtotal: $37,672 Subtotal: $41,423.80 Subtotal: $46,524 Subtotal: $42,476.50 Subtotal: $37,658

UTILITY ADJUSTMENTS
46 71 Adjust Utility (Valve) Cover to Grade* EA 1 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 47 87 Protect Inductive Loop Detector EA 6 $350 $2,100 $841.50 $5,049.00 $2,000 $12,000 $921 $5,526 $765 $4,590 Subtotal: $2,800 Subtotal: $5,749.00 Subtotal: $12,700 Subtotal: $6,226 Subtotal: $5,290 *Final Pay Price Items Total: $840,258 $957,390.17 $1,182,974 $1,080,660.50 $1,138,100 10% Design Contingency $84,030
Bid Alternate 2 Total Cost $930,000
BID ALTERNATE 2
BID ALTERNATE 1 Bay Cities Paving & Grading, Inc. DeSilva Gates Construction, LLC McGuire and Hester Ghilotti Bros., Inc.

Bay Cities Paving & Grading, Inc. DeSilva Gates Construction, LLC McGuire and Hester Ghilotti Bros., Inc.

H.3.a
Packet Pg. 92
Attachment: Bid Abstract - 2022 Orinda Pavement Rehab (2856 : Award 2022 Paving Project Construction Contract) Item No. Spec Section Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

ROADWAY IMPROVEMENTS
15 73 Minor Concrete (Rolled Curb) LF 40 $100 $4,000 $214.50 $8,580.00 $400 $16,000 $195 $7,800 $170 $6,800 16 73 Retrofit Ex / Install New Curb Ramp EA 2 $7,000 $14,000 $13,200 $26,400 $20,000 $40,000 $4,215 $8,430 $15,000 $30,000 Subtotal: $18,000 Subtotal: $34,980 Subtotal: $56,000 Subtotal: $16,230 Subtotal: $36,800

STORM DRAIN IMPROVEMENTS
22 7, 19, 64, 71 15" HDPE Storm Drain Replacement 0-5' Cover LF 120 $450 $54,000 $478.43 $57,411.60 $800 $96,000 $350 $42,000 $500 $60,000 23 7, 19, 64, 71 18" HDPE Storm Drain Replacement 0'-5' Cover LF 9 $500 $4,500 $1,828.44 $16,455.96 $1,050 $9,450 $3,550 $31,950 $1,250 $11,250 25 7, 19, 64, 71 24" HDPE Storm Drain Replacement 0'-5' Cover LF 43 $575 $24,725 $550.61 $23,676.23 $1,100 $47,300 $916 $39,388 $600 $25,800 27 7, 19, 64, 72 48" HDPE Storm Drain Replacement 0'-5' Cover LF 46 $650 $29,900 $1,144.48 $52,646.08 $1,550 $71,300 $1,225 $56,350 $1,500 $69,000 Subtotal: $113,125 Subtotal: $150,189.87 Subtotal: $224,050 Subtotal: $169,688 Subtotal: $166,050 Total: $131,125 $185,169.87 $280,050 $185,918.00 $202,850 10% Design Contingency $13,120
Bid Alternate 3 Total Cost $150,000
Sum of Base Bid + Alternates $4,920,000 $4,881,704.44 $6,018,529 $6,165,530.50 $6,636,475.50 BID ALTERNATE 3 Bay Cities Paving & Grading, Inc. DeSilva Gates Construction, LLC McGuire and Hester Ghilotti Bros., Inc.

H.3.a
Packet Pg. 93
Attachment: Bid Abstract - 2022 Orinda Pavement Rehab (2856 : Award 2022 Paving Project Construction Contract) Capital Improvement Plan
City of Orinda, California

SOURCES AND USES OF FUNDS
'21/'22 '25/'26 thru
106 Add-On Sales Tax Measure R
Source '21/'22 '22/'23 '23/'24 '24/'25 '25/'26
Beginning Balance 587,348 2,740,117 1,149,977 1,727,767 1,891,157 Revenues and Other Fund Sources
Revenue
4105 - Sales Tax Add-On 3,350,000 3,400,250 3,434,300 3,468,600 3,503,300 4110 - Interest 3,865 6,300 5,000 2,000 2,000
Total 3,353,865 3,406,550 3,439,300 3,470,600 3,505,300 Total Funds Available 3,941,213 6,146,667 4,589,277 5,198,367 5,396,457 Total Revenues and Other Fund Sources 3,353,865 3,406,550 3,439,300 3,470,600 3,505,300 Expenditures and Uses
Capital Projects & Equipment

CITY MANAGER
Fleet Replacements 0020 (181,500) 0 0 0 0
Total (181,500) 0 0 0 0

PUBLIC WORKS
Canon SD Repairs PL-1765, -1766 &-1775 3103 0 0 0 (300,000) (1,300,000) Ranch SD Repairs PL-1074; PL-1089, PL-1809 3104 0 0 0 (200,000) (900,000) Brookside SD Repair PL-751, PL-867 3105 0 0 0 (200,000) (900,000) 2022 Annual Pavement Project 4166 0 (3,407,500) 0 0 0
Mitigation - Brookwood Rd. ROW- Study 4186 (20,000) (90,000) 0 0 0 San Pablo Creek Culvert Repair TBD PW1 0 0 (1,750,000) (1,620,000) (540,000) Total (20,000) (3,497,500) (1,750,000) (2,320,000) (3,640,000) Other Uses
Operating Budget Expenses (999,596) (1,499,190) (1,111,510) (987,210) (1,007,910) Total (999,596) (1,499,190) (1,111,510) (987,210) (1,007,910) Total Expenditures and Uses (1,201,096) (4,996,690) (2,861,510) (3,307,210) (4,647,910) Ending Balance 2,740,117 1,149,977 1,727,767 1,891,157 748,547 Change in Fund Balance 2,152,769 (1,590,140) 577,790 163,390 (1,142,610) 2022-2027 CIP
H.3.c
Packet Pg. 94
Attachment: Sources and Uses of Funds Projection for Measure R Fund #106 (2856 : Award 2022 Paving Project Construction Contract)